The dispute between Legal Positivists (eg, Hart) and Natural Lawyers (e.g., Finnis) concerns the existence or otherwise of a necessary (conceptual) connection between law and morality. Legal Positivists such as Hart deny this connection and assert the merely contingent relationship of law and morals. However, it can be demonstrated that implicit in the valid sociological method of concept formation of post‐Austinian Positivists are interpretative or ideal‐typical models of the practical rationality of the legal enterprise which are not, and cannot possibly (...) be, value‐neutral. With particular attention to the work of John Finnis and his incorporation of Weberian and Aristotelian methodological principles, this paper exposes, if not the truth of Natural Law Theory, the impossibility of Legal Positivism. (shrink)

The philosophical concept of the self has had a hard time for a long time. The scepticism that lay behind Hume’s ‘bundle’ theory has been made manifest in ‘post-philosophical’ claims that the self or subject is not so much a ‘something’ that ties together a bundle of sense impressions, but is rather to be seen as an effect of a system of power relations, or an illusory presupposition of the relational properties of syntax.

The fundamental impulse of Discourse Theory is to eschew the moral substantivism of ethical rationalism in favour of a pragmatic, procedural approach to ethical and legal analysis. However, this paper argues that even if the analysis of Communicative Action as reconstructed by Habermas’s “Universal Pragmatics,” and the implied procedural rules of practical discourse advanced by Robert Alexy are accepted, the validation or “redemption” of all authoritative and distributive claims must, in terms of logical priority, encounter the substantively general necessity of (...) Gewirth’s Principle of Generic Consistency. This result operates as a reductio ad absurdum of the project of Universal Pragmatics and prompts us to reconsider the epistemological status and the political and ethico-legal function of Discourse Ethics in Civil Society. (shrink)

Kenneth Westphal provides here a masterful evolutionary account of Normative Constructivism in its classical development, which encompasses Hobbes, Hume, Kant and Rousseau, and culminates in Hegel’s vision of Sittlichkeit. In the process of endorsing the comprehensive moral anthropology of the latter, Westphal rejects the essentialist/objectivist rhetoric of Plato’s Euthyphro and invokes Hume’s alternative to Moral Realism, which is articulated in the view that what might appear “artificial” and “conventional” in our understanding of the rules (norms) of Justice does not necessarily (...) imply that these rules are thus arbitrary. Westphal advocates a metaphysically agnostic Normative Constructivism, which separates our claims to what, on the one hand, is deemed to be morally factual, and on the other, is simply morally relevant. Whilst I acknowledge that this separation of claims is not only possible, but necessary, I argue that it is not, in any critically viable sense, consistent with the rejection of moral objectivism. (shrink)

Kenneth Westphal provides here a masterful evolutionary account of Normative Constructivism in its classical development, which encompasses Hobbes, Hume, Kant and Rousseau, and culminates in Hegel’s vision of Sittlichkeit. In the process of endorsing the comprehensive moral anthropology of the latter, Westphal rejects the essentialist/objectivist rhetoric of Plato’s Euthyphro and invokes Hume’s alternative to Moral Realism, which is articulated in the view that what might appear “artificial” and “conventional” in our understanding of the rules of Justice does not necessarily imply (...) that these rules are thus arbitrary. Westphal advocates a metaphysically agnostic Normative Constructivism, which separates our claims to what, on the one hand, is deemed to be morally factual, and on the other, is simply morally relevant. Whilst I acknowledge that this separation of claims is not only possible, but necessary, I argue that it is not, in any critically viable sense, consistent with the rejection of moral objectivism. (shrink)

Since Herbert Hart’s “fresh start” encouraged us to interpret legal and political phenomena from an “internal point of view,” and Lon Fuller pointed out the severe constraints upon a conceptually viable construction of this view, jurisprudence has had little choice but to become, methodologically speaking, genuinely and critically sociological. By this, we mean that in breaking with the common-sensical half-truths which produced the imperative or command theory of law, the conceptual problem of modelling the practical rationale of the legal enterprise (...) for the purposes of a general description of the phenomenon as subject matter, has become central and acute. In the past 20 years or so, the sociological awareness of the need to transcend the flux of empirical subjectivity, as well as important recent reinterpretations of the tradition of Natural Law, does seem to put jurisprudence within striking distance of achieving a mature status of integration with the methodology of the social sciences; not merely as some adjunct to, or opportunity for, empirically oriented “social studies,” but, as the source of a genuine epistemological synthesis in the approach to the problem of conceptualising the very subject matter of social science, namely, social action at the institutional level. In terms of concept formation this has gone some way towards the rehabilitation of the idea of “essential” or “focal” viewpoints in contrast to the enthusiasm for the contingencies and relativity of historical, linguistic and cultural conventionalisms. (shrink)

In this work, Mill reflects on the struggle between liberty and authority and defends the view that “the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.” He questions the justification for the limits of freedom of conscience and religion, freedom of speech, freedom of action, and the nature of liberalism itself. This new Broadview Edition demonstrates the ways in which Mill’s intellectual landscape differed (...) markedly from our own, while also drawing attention to the reasons why the work remains relevant and essential reading in the present day. Appendices include antecedents to Mill’s work, critical discussions by his contemporaries, and related writings by Mill. Please note: Broadview offers two separate editions of On Liberty. The Kahn edition is particularly relevant to readers who are interested in how the work is situated in the history of political philosophy, whereas the Alexander edition is recommended to those most interested in the work’s Victorian literary and social contexts. (shrink)

On 26 August 1974, Michel Foucault completed work on Discipline and Punish, and on that very same day began writing the first volume of The History of Sexuality. A little under ten years later, on 25 June 1984, shortly after the second and third volumes were published, he was dead. This decade is one of the most fascinating of his career. It begins with the initiation of the sexuality project, and ends with its enforced and premature closure. Yet in 1974 (...) he had something very different in mind for The History of Sexuality than the way things were left in 1984. Foucault originally planned a thematically organised series of six volumes, but wrote little of what he promised and published none of them. Instead over the course of the next decade he took his work in very different directions, studying, lecturing and writing about historical periods stretching back to antiquity. This book offers a detailed intellectual history of both the abandoned thematic project and the more properly historical version left incomplete at his death. It draws on all Foucault’s writings in this period, his courses at the Collège de France and lectures elsewhere, as well as material archived in France and California to provide a comprehensive overview and synthetic account of Foucault’s last decade. (shrink)

Grand Hotel Abyss investigates the lives and afterlives of the critical theorists who formed the Frankfurt School.

As Nelson Goodman highlighted, there are two main senses of “abstract” that can be found in discussions about abstract art. On the one hand, a representation is abstract if it leaves out certain features of its target. On the other hand, something can be abstract to the extent that it does not represent a concrete subject. The first sense of “abstract” is well-known in philosophy of science. For example, philosophers discuss mathematical models of physical, biological, and economic systems as being (...) abstract in this sense. However, it is the second sense that dominates discussions of abstract art in aesthetics. For example, abstract art was (and is) considered revolutionary precisely for being non-figurative. Through an analysis of artists including Kandinsky, Malevich, and Mondrian, we develop a reading of this second sense, which we call “generative abstraction,” as opposed to “subtractive” abstraction. Generative abstraction is a process in which a new artifact is created which does not represent the initial concrete target system that inspired it (if there was one), where the artifact’s features are explored for their own sake, and where the “language” of the new artifact is in some way more “universal.” Focusing on this sense of abstraction is helpful in revealing the complexity of the process of crafting an abstract artifact, in problematizing the notion that abstraction can always be un-done (or concretized), as well as revealing new ways for abstractions to be epistemically (un)successful. (shrink)

Although republican political theory has undergone something of a revival in recent years, some question its contemporary relevance on the grounds that republicanism has little to say about central questions of modern economic organization. In response, this paper offers an account of core republican values and then considers how capitalism stands in relation to these values. It identifies three areas of republican concern related to: the impact of unequal wealth distribution on personal liberty; the impact of the private control of (...) investment on popular sovereignty and pursuit of the common good; and the impact of capitalism on the level and quality of political participation. In view of these concerns, we can see some of the likely requirements of a distinctively republican, but contemporary political economy. (shrink)

Imagination is important for many things in science: solving problems, interpreting data, designing studies, etc. Philosophers of imagination typically account for the productive role played by imagination in science by focusing on how imagination is constrained, e.g., by using self-imposed rules to infer logically, or model events accurately. But the constraints offered by these philosophers either constrain too much, or not enough, and they can never account for uses of imagination that are needed to break today’s constraints in order to (...) make progress tomorrow. Thus, epistemology of imagination needs to make room for an element of epistemological anarchy. (shrink)

While philosophers hold that it is patently absurd to blame robots or hold them morally responsible [1], a series of recent empirical studies suggest that people do ascribe blame to AI systems and robots in certain contexts [2]. This is disconcerting: Blame might be shifted from the owners, users or designers of AI systems to the systems themselves, leading to the diminished accountability of the responsible human agents [3]. In this paper, we explore one of the potential underlying reasons for (...) robot blame, namely the folk's willingness to ascribe inculpating mental states or "mens rea" to robots. In a vignette-based experiment (N=513), we presented participants with a situation in which an agent knowingly runs the risk of bringing about substantial harm. We manipulated agent type (human v. group agent v. AI-driven robot) and outcome (neutral v. bad), and measured both moral judgment (wrongness of the action and blameworthiness of the agent) and mental states attributed to the agent (recklessness and the desire to inflict harm). We found that (i) judgments of wrongness and blame were relatively similar across agent types, possibly because (ii) attributions of mental states were, as suspected, similar across agent types. This raised the question - also explored in the experiment - whether people attribute knowledge and desire to robots in a merely metaphorical way (e.g., the robot "knew" rather than really knew). However, (iii), according to our data people were unwilling to downgrade to mens rea in a merely metaphorical sense when given the chance. Finally, (iv), we report a surprising and novel finding, which we call the inverse outcome effect on robot blame: People were less willing to blame artificial agents for bad outcomes than for neutral outcomes. This suggests that they are implicitly aware of the dangers of overattributing blame to robots when harm comes to pass, such as inappropriately letting the responsible human agent off the moral hook. (shrink)

Imagination is necessary for scientific practice, yet there are no in vivo sociological studies on the ways that imagination is taught, thought of, or evaluated by scientists. This article begins to remedy this by presenting the results of a qualitative study performed on two systems biology laboratories. I found that the more advanced a participant was in their scientific career, the more they valued imagination. Further, positive attitudes toward imagination were primarily due to the perceived role of imagination in problem-solving. (...) But not all problem-solving episodes involved clear appeals to imagination, only maximally specific problems did. This pattern is explained by the presence of an implicit norm governing imagination use in the two labs: only use imagination on maximally specific problems, and only when all other available methods have failed. This norm was confirmed by the participants, and I argue that it has epistemological reasons in its favour. I also found that its strength varies inversely with career stage, such that more advanced scientists do (and should) occasionally bring their imaginations to bear on more general problems. A story about scientific pedagogy explains the trend away from (and back to) imagination over the course of a scientific career. Finally, some positive recommendations are given for a more imagination-friendly scientific pedagogy. (shrink)

Can an ugly experiment be a good experiment? Philosophers have identified many beautiful experiments and explored ways in which their beauty might be connected to their epistemic value. In contrast, the present chapter seeks out (and celebrates) ugly experiments. Among the ugliest are those being designed by AI algorithms. Interestingly, in the contexts where such experiments tend to be deployed, low aesthetic value correlates with high epistemic value. In other words, ugly experiments can be good. Given this, we should conclude (...) that beauty is not generally necessary or sufficient for epistemic value, and increasing beauty will not generally tend to increase epistemic value. (shrink)

A thorough-going re-elaboration of modern experience via the senses.

The last three decades have witnessed a heated debate of the merits of intelligent design (ID) as a way to understand a number of observable natural phenomena. The present dispute has its roots in a much older discussion: that of natural theology, which has always had as its goal the discernment of design(s) attributable to God in the natural world. Despite its ongoing relevance, natural theology does not have a coherent scholarly history. Turning Points in Natural Theology from Bacon to (...) Darwin deftly fills that gap, analysing the argument of design during the period from Francis Bacon (1561-1626) to Charles Darwin (1809-82), with a specific focus on those moments at which the rhetorical terms changed significantly. (shrink)

Scientists imagine constantly. They do this when generating research problems, designing experiments, interpreting data, troubleshooting, drafting papers and presentations, and giving feedback. But when and how do scientists learn how to use imagination? Across 6 years of ethnographic research, it has been found that advanced career scientists feel comfortable using and discussing imagination, while graduate and undergraduate students of science often do not. In addition, members of marginalized and vulnerable groups tend to express negative views about the strength of their (...) imaginations and the general usefulness of imagination in science. After introducing these findings and discussing the typical relationship between a scientist and their imagination across a career, we argue that reducing the number or power of active imaginations in science is epistemically counterproductive. We suggest several ways to bring imagination back into science in a more inclusive way, especially through courses on imagination for scientists, good role models, and exemplar-based learning. (shrink)

Moral philosophy is the study of what morality is and what it requires of us. As Socrates said, it's about "how we ought to live"-and why. It would be helpful if we could begin with a simple, uncontroversial definition of what morality is. Unfortunately, we cannot. There are many rival theories, each expounding a different conception of what it means to live morally, and any definition that goes beyond Socrates's simple formula-tion is bound to offend at least one of them. (...) This should make us cautious, but it need not paralyze us. In this chapter, I will describe the "minimum conception" of morality. (shrink)

Is there enough progress in philosophy? It is notable that even within the discipline, opinions are divided. Optimists think there is more than enough progress in philosophy. Pessimists think we could and should do better. In this chapter I defend an optimistic answer to this question.

This volume of The Subjection of Women provides a reliable text in an inexpensive edition, with explanatory notes but no additional editorial apparatus. -/- .

Scientists recognize the necessity of imagination for solving tough problems. But how does the cognitive faculty responsible for daydreaming help in solving scientific problems? Philosophers claim that imagination is informative only when it is constrained to be maximally realistic. However, using a case study from space science, we show that scientists use imagination intentionally to break reality-oriented constraints. To do this well, they first target low-confidence constraints, and then higher-confidence constraints, until a plausible solution is found. This paper exemplifies a (...) new approach to epistemology of imagination that focuses on sets of imaginings (rather than individual imaginings), and responsible (rather than reliable) imaginings. (shrink)

This chapter contains sections titled: Introduction The Republicanism of Rawls's Liberalism: An Open Question Property‐Owning Democracy Justice and Stability Tocqueville on the Ills of Democratic Personality The Republican Response Some Objections Conclusion: Lessons for Republicans and Liberals References.

Attempts to unravel the complex and often conflicting character of the counterculture philosopher who advocated total freedom and introduced the rebellious youth of the 1950s and 60s to Zen Buddhism.

John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to (...) utilitarianism, and discussing some of the specific issues Mill raises in Utilitarianism. (shrink)

Imagination is extremely important for science, yet very little is known about how scientists actually use it. Are scientists taught to imagine? What do they value imagination for? How do social and disciplinary factors shape it? How is the labor of imagining distributed? These questions should be high priority for anyone who studies or practices science, and this paper argues that the best methods for addressing them are qualitative. I summarize a few preliminary findings derived from recent interview-based and observational (...) qualitative studies that I have performed. These finding include: (i) imagination is only valued for use in addressing maximally specific problems, and only when all else fails; (ii) younger scientists and scientists who are members of underrepresented groups express less positive views about imagination in general, and have less confidence in their own imaginations; (iii) while scientists seem to employ various epistemological frameworks to evaluate imaginings, overall they appear to be epistemic consequentialists about imagination, and this holds also for their evaluations of the tools they use to extend the power of their imaginations. I close by discussing the epistemic and ethical consequences of these findings, and then suggesting a few research avenues that could be explored next as we move forward in the study of scientific imagination. (shrink)

Stuart Kauffman here presents a brilliant new paradigm for evolutionary biology, one that extends the basic concepts of Darwinian evolution to accommodate recent findings and perspectives from the fields of biology, physics, chemistry and mathematics. The book drives to the heart of the exciting debate on the origins of life and maintenance of order in complex biological systems. It focuses on the concept of self-organization: the spontaneous emergence of order widely observed throughout nature. Kauffman here argues that self-organization plays (...) an important role in the emergence of life itself and may play as fundamental a role in shaping life's subsequent evolution as does the Darwinian process of natural selection. Yet until now no systematic effort has been made to incorporate the concept of self-organization into evolutionary theory. The construction requirements which permit complex systems to adapt remain poorly understood, as is the extent to which selection itself can yield systems able to adapt more successfully. This book explores these themes. It shows how complex systems, contrary to expectations, can spontaneously exhibit stunning degrees of order, and how this order, in turn, is essential for understanding the emergence and development of life on Earth. Topics include the new biotechnology of applied molecular evolution, with its important implications for developing new drugs and vaccines; the balance between order and chaos observed in many naturally occurring systems; new insights concerning the predictive power of statistical mechanics in biology; and other major issues. Indeed, the approaches investigated here may prove to be the new center around which biologicalscience itself will evolve. The work is written for all those interested in the cutting edge of research in the life sciences. (shrink)

Foundations -- The normal and the pathological -- Philosophy of biology -- Physiology and the reflex -- Regulation and psychology -- Evolution and monstrosity -- Philosophy of history -- Writings on medicine -- Legacies.

In Rethinking the Enlightenment, Dr. Stuart demonstrates that the three primary strategies employed during the Enlightenment -- conflict, engagement, and retreat -- are time-tested methods that should be employed in our own anti-Christian age"--The publisher.

This was scanned from the 1909 edition and mechanically checked against a commercial copy of the text from CDROM. Differences were corrected against the paper edition. The text itself is thus a highly accurate rendition. The footnotes were entered manually.

Recognition has, over the past three decades, come to occupy a central place in moral and political philosophy, and critical theory; but to the extent that scholars have exhibited an interest in tr...

This volume argues for a new image of science that understands both natural and social phenomena to be the product of mechanisms, casting the work of science as an effort to understand those mechanisms. Glennan offers an account of the nature of mechanisms and of the models used to represent them in physical, life, and social sciences.

Ethicists and economists commonly assume that if A is all things considered better than B, and B is all things considered better than C, then A is all things considered better than C. Call this principle Transitivity. Although it has great conceptual, intuitive, and empirical appeal, I argue against it. Larry S. Temkin explains how three types of ethical principle, which cannot be dismissed a priori, threaten Transitivity: (a) principles implying that in some cases different factors are relevant to comparing (...) A to C than to comparing A to B or B to C; (b) principles of limited scope; (c) principles implying that morally relevant differences in degree can amount to differences in kind. My counterexamples employ a principle of type (c): pleasures and pains enormously different in intensity differ in kind. Temkin has also endorsed this type of counterexample, using arguments based on earlier drafts of this paper. (shrink)

Democratic equality challenges both utilitarianism and classical liberal and libertarian thought which continues to exert a major influence in the politics of many capitalist countries. This chapter aims to clarify the content of, and motivation for, democratic equality. Section 1 begins with an outline of democratic equality. It introduces and clarifies, in a preliminary way, two key elements of democratic equality: the notion of fair equality of opportunity and the difference principle. Section 2 explains why Rawls considers democratic equality a (...) better account of what justice requires than rival accounts. Sections 3 and 4 briefly review some outstanding interpretative and normative issues within democratic equality. Section 4 also looks at the question of how far democratic equality can properly incorporate the just claims of sick and disabled people. Democratic equality incorporates a principle of productive reciprocity, however, this incorporation of productive reciprocity in democratic equality remains rather undeveloped. (shrink)

This two-volume work, first published in 1843, was John Stuart Mill's first major book. It reinvented the modern study of logic and laid the foundations for his later work in the areas of political economy, women's rights and representative government. In clear, systematic prose, Mill disentangles syllogistic logic from its origins in Aristotle and scholasticism and grounds it instead in processes of inductive reasoning. An important attempt at integrating empiricism within a more general theory of human knowledge, the work (...) constitutes essential reading for anyone seeking a full understanding of Mill's thought. Continuing the discussion of induction, Volume 2 concludes with Book VI, 'On the Logic of the Moral Sciences', in which Mill applies empirical reasoning to human behaviour. A crucial early formulation of his thinking regarding free will and necessity, this book establishes the centrality of 'the social science' to Mill's philosophy. (shrink)

British philosopher and economist John Stuart Mill is the author of several essays, including Utilitarianism - a defence of Jeremy Bentham's principle applied to the field of ethics - and The Subjection of Women, which advocates legal equality between the sexes. This work, arguably his most famous contribution to political philosophy and theory, was first published in 1859, and remains a major influence upon contemporary liberal political thought. In it, Mill argues for a limitation of the power of government (...) and society over the individual, and defines liberty as an absolute individual right. According to the still much debated 'harm principle', power against the individual can only be exercised to prevent harm to others. Full of contemporary relevance, this essay also defends freedom of speech as a necessary condition of social and intellectual progress. (shrink)