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I argue against the idea (made popular by H.L.A. Hart) that the key to a legal system is its "rule of recognition." I argue that much of the work allegedly done by a rule of recognition is either done by a different kind of secondary rule (what Hart called "a rule of change") or it is not done at all (and doesn't have to be done). A rule of change tells us the procedures that must be followed and the substantive conditions that must be satisfied if law is to be changed legislatively; and a judge "recognizes" changes simply by using this checklist. In common law, there is no clear rule of change (because we are profoundly ambivalent about judicial lawmaking). But we get by without one, and without a determinate rule of recognition that would tell us precisely how to infer rules from precedents. It is quite liberating, really, to abandon the idea of a rule of recognition. Apart from anything else, it relieves us from having to participate in endless debates about whether the US Constitution is (or contains) a rule of recognition for American law. The Constitution contains rules of change; that's what matters.
As I am sitting at my desk in front of my computer, a thought crosses my mind: There's water in the glass. The thought has a particular content: that there is water in the glass. And, if all is well, there is water in the glass, so my thought is true. According to external-world skepticism, I still do not know that there is water in the glass, because my way of telling what's in front of me does not allow me to rule out the possibility that I’m only under some kind of illusion about what's in front of me. Analogously, according to content skepticism, I cannot know that I am thinking that there is water in my glass, even if in fact that is what I am thinking. This is because for all I know, my way of telling what I am thinking does not allow me to rule out the possibility that I am only under some kind of illusion about what I am thinking.
Skeptical theism - a strategy for dealing with so-called ‘evidential arguments from evil’ - is often held to lead to moral skepticism. In this paper I look at some of the responses open to the skeptical theist to the contention that her position leads to moral skepticism, and argue that they are ultimately unsuccessful, since they leave the skeptical theist with no grounds for ruling out the possibility of maximal divine deception. I then go on to argue that the situation is particularly bleak for the skeptical theist, since the most prominent ways of dealing with this pervasive type of skepticism are not available to her. Furthermore, since this pervasive type of skepticism entails moral skepticism, it follows that moral skepticism will after all have found a way in ‘through the back door’. In order to solidify my case, I go on to outline and deal with three potential objections.
The phenomenon of globalization of markets has been accompanied by calls for a globalization of ethical norms. One principle often referred to in such calls is the so-called Golden Rule. The rule, often stated as Do unto others as you would have others do unto you, has long been used and referenced in the business literature. But those who use it often do so without full realization of the rule itself and what it stands for. This paper examines the history, meaning, and problems of the rule and attempts to show, through a case analysis, how these problems surface when using the rule in a business context. In so doing it attempts to clarify exactly what the rule means and how it can fit into a universal code of morality.
Harry Collins' central argument about experimental practice revolves around the thesis that facts can only be generated by good instruments but good instruments can only be recognized as such if they produce facts. This is what Collins calls the experimenters' regress. For Collins, scientific controversies cannot be closed by the 'facts' themselves because there are no formal criteria independent of the outcome of the experiment that scientists can apply to decide whether an experimental apparatus works properly or not.No one seems to have noticed that the debate is in fact a rehearsal of the ancient philosophical debate about skepticism. The present article suggests that the way out of radical skepticism offered by the so-called mitigated skeptics is a solution to the problem of consensus formation in science.
In his book, The Logic of Democracy, T.L. Thor son has published a chapter entitled "Majority Rule and Minority Rights". In this paper he has pointed out a controversy which has arisen between "natural rights democrats" and "majority rule democrats." In this paper I argue that elected representatives represent the majority and their rule can be called the rule of the majority so long they can protect the rights of individuals. This is why the natural rights of man are more fundamental and essential than majority rule. In conclusion, I insist that neither "natural rights" nor "majority rule" can be called the elements of democracy. If the former and the latter could have been understood as the end of democracy and the means to achieve the end, respectively, then the controversy would not have arisen.
What is skepticism? -- Skepticism as selective doubt -- Scientific method and rational skepticism -- Skepticism and the new enlightenment -- The growth of antiscience -- Skepticism, science, and the paranormal -- Should skeptical inquiry be applied to religion? -- Skepticism and religion -- Are science and religion compatible? -- Skepticism and political inquiry -- Skepticism and ethical inquiry -- Moral faith and ethical skepticism reconsidered -- Skepticism and eupraxsophy -- The new skepticism: a worldwide movement -- Skeptical inquiry: my personal involvement -- Science and the public: summing up thirty years of the skeptical inquirer -- The new skepticism: a statement of principles.
A real is called properly n-generic if it is n-generic but not n+1-generic. We show that every 1-generic real computes a properly 1-generic real. On the other hand, if m > n ≥ 2 then an m-generic real cannot compute a properly n-generic real.
Moral particularists have seen Wittgenstein as a close ally. One of the main reasons for this is that particularists such as Jonathan Dancy and John McDowell have argued that Wittgenstein's so-called "rule-following considerations" (RFCs) provide support for their skepticism about the existence and/or role of rules and principles in ethics. In this paper, I show that while Wittgenstein's RFCs challenge the notion that competence with language, i.e., the ability to apply concepts properly, is like mechanically following a rule, he does not reject the idea that there are rules that govern proper use of language. I then argue that while the RFCs may, at best, support a weak form of particularism that denies that moral competence is dependent on an explicit grasp of rules, they do not support a stronger version of particularism that denies that there are any true rules or principles in ethics.
Traditionally, skeptics as well as their opponents have agreed that in order to know that p one must be able, by some preferred means, to rule out all the alternatives to p. Recently, however, some philosophers have attempted to avert skepticism not (merely) by weakening the preferred means but rather by articulating a subset of the alternatives to p — the so-called relevant alternatives — and insisting that knowledge that p requires only that we be able (by the preferred means) to rule out members of the set. In this paper I argue that a precise formulation of this new approach reveals it inadequate as a solution to skepticism.
Discussion of Jason Bridges, Rule-following skepticism, properly so called
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