The doctrine of precedent, as it has evolved within the common law, has at its heart a form of reasoning—broadly speaking, alogic—according to which the decisions of earlier courts in particular cases somehow generalize to constrain the decisions of later courts facing different cases, while still allowing these later courts a degree of freedom in responding to fresh circumstances. Although the techniques for arguing on the basis of precedent are taught early on in law schools, mastered with relative ease, and (...) applied on a daily basis by legal practitioners, it has proved to be considerably more difficult to arrive at a theoretical understanding of the doctrine itself—a clear articulation of the underlying logic. (shrink)

Although the study of reasons plays an important role in both epistemology and moral philosophy, little attention has been devoted to the question of how, exactly, reasons interact to support the actions or conclusions they do. In this book, John F. Horty attempts to answer this question by providing a precise, concrete account of reasons and their interaction, based on the logic of default reasoning. The book begins with an intuitive, accessible introduction to default logic itself, and then (...) argues that this logic can be adapted to serve as a foundation for a concrete theory of reasons. Horty then shows that the resulting theory helps to explain how the interplay among reasons can determine what we ought to do by developing two different deontic logics, capturing two different intuitions about moral conflicts.In the central part of the book, Horty elaborates the basic theory to account for reasoning about the strength of our own reasons, and also about the related concepts of undercutting defeaters and exclusionary reasons. The theory is illustrated with an application to particularist arguments concerning the role of principles in moral theory. The book concludes by introducing a pair of issues new to the philosophical literature: the problem of determining the epistemic status of conclusions supported by separate but conflicting reasons, and the problem of drawing conclusions from sets of reasons that can vary arbitrarily in strength, or importance. (shrink)

In this volume, John Horty brings to bear his work in logic to present a framework that allows for answers to key questions about reasons and reasoning, namely: What are reasons, and how do they support actions or conclusions?

Let us say that a normative conflict is a situation in which an agent ought to perform an action A, and also ought to perform an action B, but in which it is impossible for the agent to perform both A and B. Not all normative conflicts are moral conflicts, of course. It may be that the agent ought to perform the action A for reasons of personal generosity, but ought to perform the action B for reasons of prudence: perhaps (...) A involves buying a lavish gift for a friend, while B involves depositing a certain amount of money in the bank. In general, our practical deliberation is shaped by a concern with a variety of morally neutral goods—not just generosity and prudence, but any number of others, such as etiquette, aesthetics, fun—many of which are capable of providing conflicting reasons for action. I mention these ancillary values in the present setting, however, only to put them aside. We will be concerned here, not with normative conflicts more generally, but precisely with moral conflicts—situations in which, even when our attention is restricted entirely to moral reasons for action, it is nevertheless true that an agent ought to do A and ought to do B, where it is impossible to do both. (shrink)

inheritance reasoning in semantic networks allowing for multiple inheritance with exceptions. The approach leads to a definition of iaheritance that is..

This paper describes one way in which a precise reason model of precedent could be developed, based on the general idea that courts are constrained to reach a decision that is consistent with the assessment of the balance of reasons made in relevant earlier decisions. The account provided here has the additional advantage of showing how this reason model can be reconciled with the traditional idea that precedential constraint involves rules, as long as these rules are taken to be defeasible. (...) The account presented is firmly based on a body of work that has emerged in AI and Law. This work is discussed, and there is a particular discussion of approaches based on theory construction, and how that work relates to the model described in this paper. (shrink)

From a philosophical standpoint, the work presented here is based on van Fraassen [26]. The bulk of that paper is organized around a series of arguments against the assumption, built into standard deontic logic, that moral dilemmas are impossible; and van Fraassen only briefly sketches his alternative approach. His paper ends with the conclusion that “the problem of possibly irresolvable moral conflict reveals serious flaws in the philosophical and semantic foundations of ‘orthodox’ deontic logic, but also suggests a rich set (...) of new problems and methods for such logic.” My goal has been to suggest that some of these methods might be found in current research on nonmonotonic reasoning, and that some of the problems may have been confronted there as well.I have shown that nonmonotonic logics provide a natural framework for reasoning about moral dilemmas, perhaps even more useful than the ordinary modal framework, and that the issues surrounding the treatment of exceptional information within these logics run parallel to some of the problems posed by conditional oughts. However, there is also another way in which deontic logic might benefit from a connection to nonmonotonic reasoning. A familiar criticism among ethicists of work in deontic logic is that it is too abstract, and too far removed from the kind of problems confronted by real agents in moral deliberation. It must be said that similar criticisms of abstraction and irrelevance are often lodged against work in nonmonotonic reasoning by more practically minded researchers in artificial intelligence; but here, at least, the criticisms are taken seriously. Nonmonotonic logic aims at a qualitative account of commonsense reasoning, which can be used to relate planning and action to defeasible goals and beliefs; and at least some of the theories developed in this area have been tested in realistic situations. By linking the subject of deontic logic to this research, it may be possible also to relate the idealized study of moral reasoning typical of the field to a more robust treatment of practical deliberation. (shrink)

The purpose of this paper is to explore a new deontic operator for representing what an agent ought to do; the operator is cast against the background of a modal treatment of action developed by Nuel Belnap and Michael Perloff, which itself relies on Arthur Prior's indeterministic tense logic. The analysis developed here of what an agent ought to do is based on a dominance ordering adapted from the decision theoretic study of choice under uncertainty to the present account of (...) action. It is shown that this analysis gives rise to a normal deontic operator, and that the result is superior to an analysis that identifies what an agent ought to do with what it ought to be that the agent does. (shrink)

The result model of precedent holds that a legal precedent controls a fortiori cases—those cases, that is, that are at least as strong for the winning side of the precedent as the precedent case itself. This paper defends the result model against some objections by Larry Alexander, drawing on ideas from the field of Artificial Intelligence and Law in order to define an appropriate strength ordering for cases.

Early attempts at combining multiple inheritance with nonmonotonic reasoning were based on straightforward extensions of tree-structured inheritance systems, and were theoretically unsound. In The Mathcmat~'cs of Inheritance Systcrns, or TMOIS, Touretzky described two problems these systems cannot handle: reasoning in the presence of true but redundant assertions, and coping with ambiguity. TMOIS provided a definition and analysis of a theoretically sound multiple inheritance system, accom-.

This paper points out some problems with two recent logical systems – one due to Prakken and Sartor, the other due to Kowalski and Toni – designedfor the representation of defeasible arguments in general, but with a specialemphasis on legal reasoning.

The purpose of this paper is to e»tahlish some connections between precedent-based reasoning as it is studied in the field of Artificial Intelligence and Law, particularly in the work of Ashley, and two other fields: deontic logic and nonmonotonic logic. First, a deontic logic is described that allows lor sensible reasoning in the presence of conflicting norms. Second, a simplified version of Ashley's account of precedent-based reasoning is reformulated within the framework of this deontic logic. Finally, some ideas from the (...) theory of nonmonotonic inheritance are employed to show how Ashley's account might be elaborated to allow for a richer representation of the process of argumentation. (shrink)

This paper contributes to the foundations of a theory of rational choice for artificial agents in dynamic environments. Our work is developed within a theoretical framework, originally due to Bratman, that models resource-bounded agents as operating against the background of some current set of intentions, which helps to frame their subsequent reasoning. In contrast to the standard theory of rational choice, where options are evaluated in isolation, we therefore provide an analysis of situations in which the options presented to an (...) agent are evaluated against a background context provided by the agent’s current plans—commitments to future activities, which may themselves be only partially specified. The interactions between the new options and the background context can complicate the task of evaluating the option, rendering it either more or less desirable in context than it would have been in isolation.  2001 Elsevier Science B.V. All rights reserved. (shrink)

The goal of a logic is to define a consequence relation between a set of formulas Γ and, in most cases, an individual formula A. This definition generally takes one of two forms. From a proof theoretic standpoint, A is said to be a consequence of Γ whenever there is a deduction of A from the set Γ, viewed as a set of premises; from a model theoretic standpoint, A is said to be a consequence of Γ whenever A holds (...) in every model that satisfies each formula in Γ. (shrink)

The purpose of this paper is to explore a new deontic operator for representing what an agent ought to do; the operator is cast against the background of a modal treatment of action developed by Nuel Belnap and Michael Perlo, which itself relies on Arthur Prior's indeterministic tense logic. The analysis developed here of what an agent ought to do is based on a dominance ordering adapted from the decision theoretic study of choice under uncertainty to the present account of (...) action. It is shown that this analysis gives rise to a normal deontic operator, and that the result is superior to an analysis that identi es what an agent ought to do with what it ought to be that the agent does. (shrink)

John F. Henry is an eminent economist who has made important contributions to heterodox economics drawing on Adam Smith, Karl Marx, Thorstein Veblen, and John Maynard Keynes. His historical approach offers radical insights into the evolution of ideas (ideologies and theories) giving rise to and/or induced by the changes in capitalist society. Essays collected in this festschrift not only evaluate John Henry's contributions in connection to Marx's and Veblen's theories, but also apply them to the socio-economic issues (...) in the 21st century. In Part I leading heterodox economists in the traditions of Marxism, Post Keynesianism, and Institutionalism critically examine Marx's and Veblen's theoretical frameworks (and their connections to each other) that have become the foundations of heterodox economics. Chapters in Part II showcase alternative theoretical explanations inspired by Marx, Veblen, and Henry. Topics in this Part include financial crisis, financialization, capital accumulation, economics teaching, and the historical relationship between money and class society. Part III is devoted to John Henry's heterodox economics encapsulated in his "farewell" lecture, interview, and bibliography. Essays in this book, individually and collectively, make an important point that the history of economic thought (or historical analysis of economic theory and policy) is an integral part of developing heterodox economics as an alternative theoretical framework. Anyone who is troubled by the recurring failure of capitalism as well as mainstream economics will find this book well worth reading. (shrink)

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

Machine generated contents note: Chapter One: Wrong Question, Right Answer -- Exercise 1: Getting right into it -- Exercise 2: Watching your hand -- Exercise 3: Marking practice -- Chapter Two: Realistic Drawing -- Exercise 4: Picking an object to draw -- Exercise 5: Attentive looking -- Exercise 6: Noticing awareness -- Exercise 7: Marking from the sense of sight -- Exercise 8: Simple rendering -- Exercise 9: Try perspective -- Exercise 10: Working inward -- Chapter Three: Systematic Drawing -- (...) Exercise 11: The circular arrow - a visual mantra -- Exercise 12: Improvising between two points and finding the world in between -- Exercise 13: Thought as art -- Exercise 14: All four pixel images -- Exercise 15: Book of compositions -- Chapter Four: Improvisational Drawing -- Exercise 16: Going outside the box -- Exercise 17: Not-breath awareness -- Exercise 18: Growing improvisation -- Exercise 19: Chasing the Coltrane Effect -- Exercise 20: Drawing to reveal inner conditions -- Exercise 21: Noticing Intuition -- Exercise 22: You are the universe drawing -- Chapter Five: Reading the Drawings -- Exercise 23: An exact physical description -- Exercise 24: Feeling the meaning -- Exercise 25: The story we tell ourselves -- Exercise 26: Connecting our story to a larger story -- Chapter Six: The Search for the Source of Creativity -- Exercise 27: Priming the source -- Exercise 28: Sitting still at the origin -- Exercise 29: Embedded sources -- Exercise 30: Mindful of the path -- Chapter Seven: Meta-Drawing -- Exercise 31: Sharing with yourself -- Exercise 32: Sharing with a trusted friend -- Exercise 33: Sharing with the world. (shrink)

The nature of quantum mechanical probability has often seemed mysterious. To shed some light on this topic, the present paper analyzes the logical form of probability assignment in quantum mechanics. To begin the paper, I set out and criticize several attempts to analyze the form. I go on to propose a new form which utilizes a novel, probabilistic conditional and argue that this proposal is, overall, the best rendering of the quantum mechanical probability assignments. Finally, quantum mechanics aside, the discussion (...) here has consequences for counterfactual logic, conditional probability, and epistemic probability. (shrink)

The chapter explores the sufferingSufferingassociated with MAIDMedical Assistance in Dying (MAID) giving special attention to assessmentAssessment and the psychological responses elicited in caregivers highlighting the need for all MAIDMedical Assistance in Dying (MAID) enquiries to activate a period of intense assessmentAssessment and the provision of detailed treatment alternatives. This chapter calls for a renewed commitment to compassionCompassion (‘sufferingSuffering together with’) as the communal dynamic to relieve and assuage such sufferingSuffering. Using the four domains of ‘total pain’ (Saunders in The management (...) of terminal malignant disease. Edward Arnold, London, UK, 1978), we summarize the evidence for the multiple opportunities available to ‘relieve often and comfort always.’ Finally, we review evidence on the impactImpactof MAIDMedical Assistance in Dying (MAID) suggesting that the overall burden of sufferingSuffering in Canada has increased since legalization. (shrink)

The third collection of Msgr. Wippel's essays on the metaphysical thought of Thomas Aquinas, covering topics such as the discovery of metaphysics by a special form of judgment, the relationship between faith and reason in the preambles of faith, the distinction between essence and "esse," and participation.

Brings the thought and theology of Teilhard de Chardin into conversation with other significant religious thinkers, philosophers, and scientists.

A fascinating book demonstrating the influence of alchemy and esoteric traditions on the mature art of Marcel Duchamp.

Machine generated contents note: ch. 1 The Cry of Rachel -- Maritain's 1942 Marquette Aquinas Lecture -- Maritain's The Person and the Common Good -- Camus's The Plague -- ch. 2 Joy -- Being as the Good and the Eruption of Willing -- Being and Philosophical Psychology -- An Ordinary Knowledge of God and Metaphysics -- Metaphysics as Implicit Knowledge -- Being and the Intellectual Emotions -- ch. 3 Quandoque Evils -- Aquinas's Rationale for the Corruptible Order -- The Corruptible (...) Order and Quandoque Evils -- Bracketing Quandoque Evils between Goods -- A Caveat in Understanding the Subject of the Consequent Good -- The Effect of Human Providence upon the Frequency of Quandoque Evils -- ch. 4 Natural Corruptions -- Death as a Natural Corruption -- Natural Corruption as Nondefinitive -- Ambiguity of "Praeter Intentionem" and "Per Accidens" -- God and the Evil of Punishment (Poena) -- Other Interpretations -- Abraham and Isaac -- Conclusion -- ch. 5 Preliminaries to Aquinas and the Contemporary Discussion -- C.G. III, 71: "If Evil Exists, God Exists" -- William Rowe on Cosmological Reasoning -- De Ver. X, 12, ad 10m: "If not God from Justice, then God from Some Other Effect" -- Summary of Aquinas on the Existence of Evil -- A Strategy -- ch. 6 The Thomist and the Contemporary Discussion: Personalist Theodicies -- Marilyn McCord Adams and "Horrendous Evils" -- William Hasker: Personal Satisfaction and World Approval -- John Hick: Creation as a Gymnasium for the Development of Our Virtues -- David Ray Griffin and the Denial of Genuine Evils -- The Brothers Karamazov -- Thomistic "Natural Desires" of the Human Person -- ch. 7 The Thomist and the Contemporary Discussion: Cosmological Theodicies -- Diogenes Allen and Suffering as an Experience of God -- David Hume and Dialogues concerning Natural Religion, X and XI -- William Rowe and "Pointless Evils" -- J. L. Mackie and Further Objections to a Cosmological Theodicy -- Mackie's Fourth Criticism and Aquinas on the Causality of Human Choices -- Aquinas and Plantinga -- The Avoidance of Determinism -- The Avoidance of Divine Culpability -- A Thomistic Free Will Defense? -- Richard Swinburne: Nature as a Necessary Display Case for Our Knowledge of Good and Evil -- Bruce Reichenbach: Developing Plantinga and Swinburne -- ch. 8 Conclusion and Comparison to Brian Davies and Eleonore Stump -- Brian Davies's Apophatic Treatment of the Evil Problem -- Eleonore Stump and the Love of God -- The Consolation of Rachel. (shrink)

This anthology contains twelve papers on various aspects of Platonism, ranging from Plato's Republic to the Neoplatonism of Plotinus, Iamblichus, Proclus and Hermias, to the use of Platonic philosophy by Cudworth and Schleiermacher. The papers cover topics in ethics, psychology, religion, poetics, art, epistemology, and metaphysics.

With precision and profundity born of 30 years of devoted study, John Boyle offers an essential introduction to St. Thomas Aquinas on Scripture, shedding helpful light on the goals, methods, and commitments that animate the Angelic Doctor's engagement with the sacred page. Because the genius of St. Thomas's approach to the Bible lies not so much in its novelty but rather in the fidelity and clarity with which he recapitulates the riches of the preceding interpretive Tradition, this initiation into (...) St. Thomas's vision of Scripture is itself an orientation to the Church's vision of Scripture, from the Fathers through and beyond the Middle Ages. St. Thomas's embeddedness within the Church's Tradition and his own historical context is integral to his approach to Scripture, yet it sets him at some distance from modern readers, for whom his interpretive vision may seem perplexing or even impenetrable. In this Primer, Boyle first provides an acclimation to this medieval context through a survey and explanation of pertinent technical terminology used by St. Thomas and characteristic of the scholastic theology of the time. With an eye to the medieval practice of considering Scripture according to the fourfold division of causes, Boyle builds on this initial foundation by exploring in turn St. Thomas's accounts of the end or use of Scripture (final cause), its divine and human authorship (efficient cause), its order and division (material cause), and its literary styles or genres (formal cause). Drawing on writings from across St. Thomas's corpus, but especially his work On the Commendation and Division of Sacred Scripture and the prologues to his biblical commentaries, Boyle masterfully elucidates both the hermeneutical principles and deep wisdom of the Angelic Doctor's approach to Scripture, imparting invaluable guidance not only for reading and understanding St. Thomas and other great masters of the Tradition, but also-and ultimately-for understanding Scripture in light of this Tradition and reading it with greater benefit and joy. (shrink)

John F. Post argues that physicalistic materialism is compatible with a number of views often deemed incompatible with it, such as the objectivity of values, the irreducibility of subjective experience, the power of the metaphor, the normativity of meaning, and even theism.

An examination and comparison of American and Israeli management students attitudes towards business ethics is made. The data were collected using both English and Hebrew versions of a thirty item attitudes towards business ethics questionnaire. Since the two groups differed on geographic, cultural, economic, and religious dimensions, it was not surprising to find that these prospective managers also differed on a number of their attitudes towards business ethics. However, a large number of similarities were also noted. Moreover, contrary to a (...) number of extant research studies, both groups held relatively high moral standards. The implications of these findings are discussed. (shrink)

This article extends earlier research concerning the relationship between corporate social performance and corporate financial performance, with particular emphasis on methodological inconsistencies. Research in this area is extended in three critical areas. First, it focuses on a particular industry, the chemical industry. Second, it uses multiple sources of data-two that are perceptual based (KLD Index and Fortune reputation survey), and two that are performance based (TRI database and corporate philanthropy) in order to triangulate toward assessing corporate social performance. Third, it (...) uses the five most commonly applied accounting measures in the corporate social performance and corporate financial performance (CSP/CFP) literature to assess corporate financial performance. The results indicate that the a priori use of measures may actually predetermine the CSP/CFP relationship outcome. Surprisingly, Fortune and KLD indices very closely track one another, whereas TRI and corporate philanthropy differentiate between high and low social performers and do not correlate to the firm's financial performance. (shrink)

Management Ethics: Integrity at Work redefines what it means for a manager to function with integrity in the private and public sectorsùdomestically and globally. It integrates the latest theoretical work in both descriptive and normative ethics, and incorporates legal, communication, quality, and organizational theories into a conceptual framework that improves managerial judgment in the handling of moral complexity at work. The authors use their organizational ethics consulting and academic research experience to provide practical assessment and decision-making tools that convert ethics (...) theories into sound action steps. The book examines three key dimensions of management integrityùjudgment, process, and developmental dimensionsùand applies them to individual chapters devoted to the subprocesses of ethical planning, organizing, leading, and controlling. The authors focus their theories and tools on 28 ethics minicases related to each management function in seven allied management application clusters: accounting, auditing management; finance, investment management; marketing, advertising management; business management, business law, human resource management; technology, quality operations, organizational behavior management; public, nonprofit, health care management; and international, environmental, public policy management. Management Ethics: Integrity at Work builds management integrity by linking and enhancing both ethics and management competence in responsible planning, organizing, leading, and controlling for use by professionals and students in the private and public sectorsùdomestically and globally. (shrink)

Originally published in 1830, this book can be called the first modern work in the philosophy of science, covering an extraordinary range of philosophical, methodological, and scientific subjects. "Herschel's book . . . brilliantly analyzes both the history and nature of science."—Keith Stewart Thomson, American Scientist.

Written by a highly respected scholar of Thomas Aquinas's writings, this volume offers a comprehensive presentation of Aquinas's metaphysical thought. It is based on a thorough examination of his texts organized according to the philosophical order as he himself describes it rather than according to the theological order. -/- In the introduction and opening chapter, John F. Wippel examines Aquinas's view on the nature of metaphysics as a philosophical science and the relationship of its subject to divine being. Part (...) One is devoted to his metaphysical analysis of finite being. It considers his views on the problem of the One and the Many in the order of being, and includes his debt to Parmenides in formulating this problem and his application of analogy to finite being. Subsequent chapters are devoted to participation in being, the composition of essence and esse in finite beings, and his appeal to a kind of relative nonbeing in resolving the problem of the One and the Many. Part Two concentrates on Aquinas's views on the essential structure of finite being, and treats substance-accident composition and related issues, including, among others, the relationship between the soul and its powers and unicity of substantial form. It then considers his understanding of matter-form composition of corporeal beings and their individuation. Part Three explores Aquinas's philosophical discussion of divine being, his denial that God's existence is self-evident, and his presentation of arguments for the existence of God, first in earlier writings and then in the "Five Ways" of his Summa theologiae. A separate chapter is devoted to his views on quidditative and analogical knowledge of God. The concluding chapter revisits certain issues concerning finite being under the assumption that God's existence has now been established. -/- John F. Wippel, professor of philosophy at The Catholic University of America, was recently awarded the prestigious Aquinas Medal by the American Catholic Philosophical Association. In addition to numerous articles and papers, Wippel has coauthored or edited several other works, including Metaphysical Themes in Thomas Aquinas and The Metaphysical Thought of Godfrey of Fontaines, both published by CUA Press. (shrink)