Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.

Taking their motivation from the perceived failure of the reductive physicalist project concerning consciousness, panpsychists ascribe subjectivity to fundamental material entities in order to account for macro-consciousness. But there exists an unresolved tension within the mainstream panpsychist position, the seriousness of which has yet to be appreciated. I capture this tension as a dilemma, and offer advice to panpsychists on how to resolve it. The dilemma is as follows: Panpsychists take the micro-material realm to feature phenomenal properties, plus micro-subjects to (...) whom these properties belong. However, it is impossible to explain the generation of a macro-subject (like one of us) in terms of the assembly of micro-subjects, for, as I show, subjects cannot combine. Therefore the panpsychist explanatory project is derailed by the insistence that the world’s ultimate material constituents are subjects of experience. The panpsychist faces a choice of giving up her explanatory ambitions, or of giving up the claim that the ultimates are subjects. I argue that the latter option is preferable, leading to neutral monism, on which phenomenal qualities are irreducible but subjects are reducible. So panpsychists should be neutral monists. (shrink)

Panpsychism, an increasingly popular competitor to physicalism as a theory of mind, faces a famous difficulty, the ‘combination problem’. This is the difficulty of understanding the composition of a conscious mind by parts which are themselves taken to be phenomenally qualitied. I examine the combination problem, and I attempt to solve it. There are a few distinct difficulties under the banner of ‘the combination problem’, and not all of them need worry panpsychists. After homing in on the genuine worries, I (...) identify some disputable assumptions that underlie them. Doing away with these assumptions allows us to make a start on a working conception of phenomenal combination. (shrink)

According to Russellian monism, consciousness is constituted at least partly by quiddities: intrinsic properties that categorically ground dispositional properties described by fundamental physics. If the theory is true, then consciousness and such dispositional properties are closely connected. But how closely? The contingency thesis says that the connection is contingent. For example, on this thesis the dispositional property associated with negative charge might have been categorically grounded by a quiddity that is distinct from the one that actually grounds it. Some argue (...) that Russellian monism entails the contingency thesis and that this makes its consciousness‐constituting quiddities epiphenomenal—a disastrous outcome for a theory that is motivated partly by its prospects for integrating consciousness into physical causation. We consider two versions of that argument, a generic version and an intriguing version developed by Robert J. Howell, which he bases on Jaegwon Kim's well‐known “exclusion argument.” We argue that neither succeeds. (shrink)

This book brings together international academics from a range of Social Science and Humanities disciplines to reflect on how Deleuze's philosophy is opening up and shaping methodologies and practices of empirical research.

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

BackgroundCountries are increasingly devoting significant resources to creating or strengthening research ethics committees, but there has been insufficient attention to assessing whether these committees are actually improving the protection of human research participants.DiscussionResearch ethics committees face numerous obstacles to achieving their goal of improving research participant protection. These include the inherently amorphous nature of ethics review, the tendency of regulatory systems to encourage a focus on form over substance, financial and resource constraints, and conflicts of interest. Auditing and accreditation programs (...) can improve the quality of ethics review by encouraging the development of standardized policies and procedures, promoting a common base of knowledge, and enhancing the status of research ethics committees within their own institutions. However, these mechanisms focus largely on questions of structure and process and are therefore incapable of answering many critical questions about ethics committees' actual impact on research practices.The first step in determining whether research ethics committees are achieving their intended function is to identify what prospective research participants and their communities hope to get out of the ethics review process. Answers to this question can help guide the development of effective outcomes assessment measures. It is also important to determine whether research ethics committees' guidance to investigators is actually being followed. Finally, the information developed through outcomes assessment must be disseminated to key decision-makers and incorporated into practice. This article offers concrete suggestions for achieving these goals.ConclusionOutcomes assessment of research ethics committees should address the following questions: First, does research ethics committee review improve participants' understanding of the risks and potential benefits of studies? Second, does the process affect prospective participants' decisions about whether to participate in research? Third, does it change participants' subjective experiences in studies or their attitudes about research? Fourth, does it reduce the riskiness of research? Fifth, does it result in more research responsive to the local community's self-identified needs? Sixth, is research ethics committees' guidance to researchers actually being followed? (shrink)

Due to their reliance on constitutive higher-order representing to generate the qualities of which the subject is consciously aware, I argue that the major existing higher-order representational theories of consciousness insulate us from our first-order sensory states. In fact on these views we are never properly conscious of our sensory states at all. In their place I offer a new higher-order theory of consciousness, with a view to making us suitably intimate with our sensory states in experience. This theory relies (...) on the idea of ‘quoting’ sensory qualities, so is dubbed the ‘quotational higher-order thought theory’. I argue that it can capture something of the idea that we are ‘acquainted’ with our conscious states without slipping beyond the pale for naturalists, whilst also providing satisfying treatments of traditional problems for higher-order theories concerning representational mismatch. The theory achieves this by abandoning a representational mechanism for mental intentionality, in favour of one based on ‘embedding’. (shrink)

How do we acquire a mental representation of our own face? Recently, synchronous, but not asynchronous, interpersonal multisensory stimulation between one’s own and another person’s face has been used to evoke changes in self-identification. We investigated the conscious experience of these changes with principal component analyses that revealed that while the conscious experience during synchronous IMS focused on resemblance and similarity with the other’s face, during asynchronous IMS it focused on multisensory stimulation. Analyses of the identified common factor structure revealed (...) significant quantitative differences between synchronous and asynchronous IMS on self-identification and perceived similarity with the other’s face. Experiment 2 revealed that participants with lower interoceptive sensitivity experienced stronger enfacement illusion. Overall, self-identification and body-ownership rely on similar basic mechanisms of multisensory integration, but the effects of multisensory input on their experience are qualitatively different, possibly underlying the face’s unique role as a marker of selfhood. (shrink)

One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

Notwithstanding its phenomenological appeal, physicalists have tended to shun the notion that we are ‘acquainted’ with our mental states in consciousness, due to the fact that the acquaintance relation seems mysterious, irreducible, and consequently unnatural. I propose a model of conscious experience based on the idea of ‘mental quotation’, and argue that this captures what we want from acquaintance but without any threat to naturalism. More generally the chapter embodies a complaint that reductionists seem unable to look past the representation (...) relation to do the implementing of consciousness, and a call for theorists to investigate other relations to model our connection to our conscious states, like the constitution/part-whole relationship. This mundane relation has what it takes to give us natural acquaintance with our conscious-mental states. (shrink)

Frank Jackson's knowledge argument imagines a super-smart scientist, Mary, forced to investigate the mysteries of human colour vision using only black and white resources. Can she work out what it is like to see red from brain-science and physics alone? The argument says no: Mary will only really learn what red looks like when she actually sees it. Something is therefore missing from the science of the mind, and from the 'physicalist' picture of the world based on science. This powerful (...) and controversial argument remains as pivotal as when it was first created in 1982, and this volume provides a thorough and incisive examination of its relevance in philosophy of mind today. The cutting-edge essays featured here break new ground in the debate, and also comprehensively set out the developments in the story of the knowledge argument so far, tracing its impact, past, present, and future. (shrink)

This article examines and critiques the use of the term “vulnerability” in U.S. and international regulations and guidelines on research ethics. After concluding that the term is currently used in multiple, often inconsistent, senses, it calls on regulators to differentiate between three distinct types of vulnerability: “consent-based vulnerability,”“risk-based vulnerability,” and “justice-based vulnerability.”.

The concept of vulnerability has long played a central role in discussions of research ethics. In addition to its rhetorical use, vulnerability has become a term of art in U.S. and international research regulations and guidelines, many of which contain specific provisions applicable to research with vulnerable subjects. Yet, despite the frequency with which the term vulnerability is used, little consensus exists on what it actually means in the context of human subject protection or, more importantly, on how a finding (...) of vulnerability should affect the process of research ethics review.The Common Rule, the centerpiece of the U.S. human subject protection regulations, uses the word vulnerable three times. First, it provides that institutional review boards that regularly review research involving a vulnerable category of subjects should consider including one or more individuals who are knowledgeable about and experienced in working with these subjects. (shrink)

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

What should advocates of phenomenal intentionality say about unconscious intentional states? I approach this question by focusing on a recent debate between Tim Crane and David Pitt, about the nature of belief. Crane argues that beliefs are never conscious. Pitt, concerned that the phenomenal intentionality thesis coupled with a commitment to beliefs as essentially unconscious embroils Crane in positing unconscious phenomenology, counter-argues that beliefs are essentially conscious. I examine and rebut Crane’s arguments for the essential unconsciousness of beliefs, some of (...) which are widely endorsed. On the way I sketch a model of how belief states could participate in the stream of consciousness. I then consider Pitt’s position, arguing in reply, along Freudian lines, that we should posit not just dispositional but occurrent unconscious beliefs. This result, I argue, indeed requires advocates of phenomenal intentionality to posit unconscious qualia to fix these unconscious occurrent thoughts, and I defend the coherence of the notion of unconscious qualia against some common attacks. Ultimately, I claim, the combination of taking seriously the occurrent unconscious, and a commitment to phenomenal intentionality, should lead us to expand William James’s conception of the stream of consciousness to encompass, additionally, a stream of unconscious mental life—or, perhaps better, to posit a single partly conscious partly unconscious qualia-stream of mental goings-on. (shrink)

In this paper I first examine two important assumptions underlying the argument that physicalism entails panpsychism. These need unearthing because opponents in the literature distinguish themselves from Strawson in the main by rejecting one or the other. Once they have been stated, and something has been said about the positions that reject them, the onus of argument becomes clear: the assumptions require careful defence. I believe they are true, in fact, but their defence is a large project that cannot begin (...) here. So, in the final section I comment on what follows if they are granted. I agree with Strawson that --broadly -- 'panpsychism' is the direction in which philosophy of mind should be heading; nevertheless, there are certain difficulties in the detail of his position. In light of these I argue for changes to the doctrine, bringing it into line with the slightly. (shrink)

Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.

There is no Argument that the Mind Extends On the basis of two argumentative examples plus their 'parity principle', Clark and Chalmers argue that mental states like beliefs can extend into the environment. I raise two problems for the argument. The first problem is that it is more difficult than Clark and Chalmers think to set up the Tetris example so that application of the parity principle might render it a case of extended mind. The second problem is that, even (...) when appropriate versions of the argumentative examples can be constructed, the availability of a second, internalist parity principle precludes the possibility of inferring that the mind extends. Choosing which parity principle we ought to wield would involve deciding beforehand whether or not the mind can extend. Thus Clark and Chalmers beg the question by employing their parity principle rather than the internalist one. I conclude that they fail to provide a proper argument to support the extended mind thesis. (shrink)

Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political (...) struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)

We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

Panpsychism is an eminently sensible view of the world and its relation to mind. If God is a metaphysician, and regardless of the actual truth or falsity of panpsychism, it is certain that he regards the theory as an honest and elegant competitor on the field of ontologies. And if God didn’t create a panpsychist world, then there’s a fair chance that he wishes he had done so, or will do next time around. The difficulties panpsychism faces, then, are not (...) metaphysical ones. They are, instead, difficulties of understanding, and of acceptance by philosophers. The main difficulty of this sort the theory faces is that its ontology – with consciousness in some sense at the heart of all that exists1 – is deemed too bizarre, frankly, too humano-centric to be taken seriously. Why should anyone think that consciousness, widely held to be the preserve only of ourselves, plus the most recently evolved organisms, infuses the basement level of all existence? Such a thought seems to many – especially, to scientifically scrupled philosophers of mind – a narcissistic (or at best hopelessly anti-realist) folly, which doesn’t even deserve its day in court. Panpsychism.. (shrink)

H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among (...) positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's (and his) core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (shrink)

Scholars and professional organizations in bioethics describe various approaches to “quality assessment” in clinical ethics. Although much of this work represents significant contributions to the literature, it is not clear that there is a robust and shared understanding of what constitutes “quality” in clinical ethics, what activities should be measured when tracking clinical ethics work, and what metrics should be used when measuring those activities. Further, even the most robust quality assessment efforts to date are idiosyncratic, in that they represent (...) evaluation of single activities or domains of clinical ethics activities, or a range of activities at a single hospital or healthcare system. Countering this trend, in this article we propose a framework for moving beyond our current ways of understanding clinical ethics quality, toward comprehensive quality assessment. We first describe a way to conceptualize quality assessment as a process of measuring disparate, isolated work activities; then, we describe quality assessment in terms of tracking interconnected work activities holistically, across different levels of assessment. We conclude by inviting future efforts in quality improvement to adopt a comprehensive approach to quality assessment into their improvement practices, and offer recommendations for how the field might move in this direction. (shrink)

This paper examines the problems that may arise, particularly for military personnel, when the requirements of doing one's duty seem to come into conflict with the demands of loyalty. This conflict is especially problematic because loyalty is often seen, especially by serving military personnel, as the highest of military virtues. The paper introduces a categorisation of ethical issues into two main types, which are referred to as ‘ethical dilemmas’ and ‘tests of integrity’ which is then used to clarify the issues (...) involved when duty and loyalty come into conflict. It is argued that a true understanding of loyalty and disloyalty means that the demands of loyalty can never legitimately override a genuine duty to follow orders. (shrink)

This volume continues the story of European political theorising by focusing on medieval and Renaissance thinkers. It includes extensive discussion of the practices that underpinned medieval political theories and which continued to play crucial roles in the eventual development of early-modern political institutions and debates. The author strikes a balance between trying to understand the philosophical cogency of medieval and Renaissance arguments on the one hand, elucidating why historically-suited medieval and Renaissance thinkers thought the ways they did about politics; and (...) why we often think otherwise. (shrink)

How could physicalism be true of a world in which there are no fundamental physical phenomena? A familiar answer, due to Barbara Gail Montero and others, is that physicalism could be true of such a world if that world does not contain an infinite descent of mentality. Christopher Devlin Brown has produced a counterexample to that solution. We show how to modify the solution to accommodate Brown’s example: physicalism could be true of a world without fundamental physical phenomena if that (...) world does not contain an infinite descent of mentally constituted mentality. This solution is independently plausible and is available to physicalists of virtually all significant varieties. (shrink)

Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)