Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Bentham's best-known book stands as a classic of both philosophy and jurisprudence. The 1789 work articulates an important statement of the foundations of utilitarian philosophy — it also represents a pioneering study of crime and punishment. Bentham's reasoning remains central to contemporary debates in moral and political philosophy, economics, and legal theory.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Conditional excluded middle (CEM) is the following principe of counterfactual logic: either, if it were the case that φ, it would be the case that ψ, or, if it were the case that φ, it would be the case that not-ψ. I will first show that CEM entails the identity of indiscernibles, the falsity of physicalism, and the failure of the modal to supervene on the categorical and of the vague to supervene on the precise. I will then argue that (...) we should accept these startling conclusions, since CEM is valid. (shrink)

The attitudes of women patients with cancer were explored when they were invited to participate in one of three randomised trials that included chemotherapy at two university centres and a satellite centre. Fourteen patients participating in and 15 patients declining trials were interviewed. Analysis was based on the constant comparative method. Most patients voiced positive attitudes towards clinical research, believing that trials are necessary for further medical development, and most spontaneously argued that participation is a moral obligation. Most trial decliners, (...) however, described a radical change in focus as they faced the actual personal choice. Almost no one got an impression of clinical equipoise between treatments in the trials, and most patients expressed discomfort with randomisation. A patient’s choice to participate was mainly determined by whether the primary focus was on treatment effect or on adverse effects. Both knowledge about and feelings towards trials originated mostly from the media, although paradoxically the media were largely seen as untrustworthy. Mistrust was shown towards the pharmaceutical industry, and although most patients originally trusted that doctors primarily pursued the interest of patients, they did not trust the adequacy of doctors or industry in maintaining self-regulation. Thus, public control measures were judged to be essential. (shrink)

Bentham offers a detailed critique of William Blackstone's 'Commentaries on the Laws of England' (1765-9).

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Shearmur draws on his years as Popper's assistant, on unpublished material in the Hoover archive, and on wider themes within Popper's philosophy to offer striking critical re-interpretations of his ethical and social theory. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

Frankfurt-type examples seem to show that agents can be morally responsible for their actions and omissions even if they could not have done otherwise. Fischer and Ravizza's influential account of moral responsibility is largely based on such examples. I examine a problem with their account of responsibility in cases where we fail to act. The solution to this problem has a surprising and far reaching implication concerning the construction of successful Frankfurt-type examples. I argue that the role of the counterfactual (...) intervener in such examples can only be filled by a rational agent. (shrink)

“One who elects to serve mankind by taking the law into his own hands thereby demonstrates his conviction that his own ability to determine policy is superior to democratic decision making. [Defendants’] professed unselfish motivation, rather than a justification, actually identifies a form of arrogance which organized society cannot tolerate.” Those were the words of Justice Harris L. Hartz at the sentencing hearing of three nuns convicted of trespassing and vandalizing government property to demonstrate against U.S. foreign policy. Citizens engaging (...) in civil disobedience are indeed at times accused of being arrogant because they apparently think their own political judgment is superior to that of the democratic majority. This paper examines and evaluates the claim that dissenters are epistemically arrogant. Contrary to the dominant viewpoint in the literature, I argue that epistemic arrogance involves inflating the epistemic worth of one’s view. Indeed, the most plausible charge against civil dissenters consists of two claims: (A) civil dissenters have a higher degree of rational certainty in P than is warranted, and (B) civil dissenters use a method of expression that requires a higher level of rational certainty than is warranted in the propositions that their political view is right and the injustice they fight is substantial. I argue that civil disobedience does not necessarily involve epistemic arrogance. Whether an act of civil disobedience evinces epistemic arrogance has to be determined on a case-by-case basis depending on the extent to which each dissenter lives up to (A) and (B). (shrink)

There is pragmatic encroachment on some epistemic status just in case whether a proposition has that status for a subject depends not only on the subject's epistemic position with respect to the proposition, but also on features of the subject's non-epistemic, practical environment. Discussions of pragmatic encroachment usually focus on knowledge. Here we argue that, barring infallibilism, there is pragmatic encroachment on what is arguably a more fundamental epistemic status – the status a proposition has when it is warranted enough (...) to be a reason one has for believing other things. (shrink)

We discuss from a philosophical perspective the way in which the normal concept of time might be said to `emerge' in a quantum theory of gravity. After an introduction, we briefly discuss the notion of emergence, without regard to time. We then introduce the search for a quantum theory of gravity ; and review some general interpretative issues about space, time and matter. We then discuss the emergence of time in simple quantum geometrodynamics, and in the Euclidean approach. Section 6 (...) concludes. (shrink)

Jeremy Bentham's work on The Principles of Morals and Legislation emerges from its historic roots in hedonism and teleology as a scientific attempt to assess the moral content of human action by focusing on its results or consequences. Proceeding from the assumption that human beings desire pleasure (and avoid pain), Bentham's unique perspective, known as utilitarianism, is used to construct a fascinating calculus for determining which action to perform when confronted with situations requiring moral decision-makingthe goal of which is (...) to arrive at the "greatest happiness of the greatest number." Toward this end, he endeavors to delineate the sources and kinds of pleasure and pain and how they can be measured when assessing one's moral options. Bentham supports his arguments with discussions of intentionality, consciousness, motives, and dispositions. Bentham concludes this groundbreaking work with an analysis of punishment: its purpose and the proper role that law and jurisprudence should play in its determination and implementation. Here we find Bentham as social reformer seeking to resolve the tension that inevitably exists when the concerns of the many conflict with individual freedom. The Principles of Morals and Legislation offers readers the rare opportunity to experience one of the great works of moral philosophy, a volume that has influenced the course of ethical theory for over a century. (shrink)

A rigorous, authoritative new anthology which brings together some of the most significant contemporary scholarship on the theory of knowledge Carefully-calibrated and judiciously-curated, this strong and contemporary new anthology builds upon Epistemology: An Anthology, Second Edition (Wiley Blackwell, 2008) by drawing a concise and well-balanced selection of higher-level readings from a large, diverse, and evolving body of research. Includes 17 readings that represent a broad and vital part of contemporary epistemology, including articles by female philosophers and emerging thought leaders Organized (...) into seven thoughtful and distinct sections, including virtue epistemology, practical reasons for belief, and epistemic dysfunctions among others Designed to sit alongside the highly-successful anthology of canonical essays, Epistemology: An Anthology, Second Edition (Wiley Blackwell, 2008) Edited by a distinguished editorial team, including Ernie Sosa, one of the most influential active epistemologists Highlights cutting edge methodologies and contemporary topics for advanced students, instructors, and researchers. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

Principles of legislation.--Principles of the civil code.--Principles of the penal code.

Since its founding in the nineteenth century, social anthropology has been seen as the study of exotic peoples in faraway places. But today more and more anthropologists are dedicating themselves not just to observing but to understanding and helping solve social problems wherever they occur--in international aid organizations, British TV studios, American hospitals, or racist enclaves in Eastern Europe, for example. In Exotic No More , an initiative of the Royal Anthropological Institute, some of today's most respected anthropologists demonstrate, in (...) clear, unpretentious prose, the tremendous contributions that anthropology can make to contemporary society. They cover issues ranging from fundamentalism to forced migration, child labor to crack dealing, human rights to hunger, ethnicity to environmentalism, intellectual property rights to international capitalisms. But Exotic No More is more than a litany of gloom and doom the essays also explore topics usually associated with leisure or "high" culture, including the media, visual arts, tourism, and music. Each author uses specific examples from their fieldwork to illustrate their discussions, and 62 photographs enliven the text. Throughout the book, the contributors highlight anthropology's commitment to taking people seriously on their own terms, paying close attention to what they are saying and doing, and trying to understand how they see the world and why. Sometimes this bottom-up perspective makes the strange familiar, but it can also make the familiar strange, exposing the cultural basis of seemingly "natural" behaviors and challenging us to rethink some of our most cherished ideas--about gender, "free" markets, "race," and "refugees," among many others. Contributors: William O. Beeman Philippe Bourgois John Chernoff E. Valentine Daniel Alex de Waal Judith Ennew James Fairhead Sarah Franklin Michael Gilsenan Faye Ginsburg Alma Gottlieb Christopher Hann Faye V. Harrison Richard Jenkins Melissa Leach Margaret Lock Jeremy MacClancy Jonathan Mazower Ellen Messer A. David Napier Nancy Scheper-Hughes Jane Schneider Parker Shipton Christopher B. Steiner. (shrink)

Negative Ecstasies discusses the contribution and significance of the work of Georges Bataille to the contemporary study of religion and theology, collecting essays that examine specific case studies and make connections to other significant scholars in the field.

There are two competing models for how to understand Aquinas’s hylomorphic theory of material substances: the Simple Model, according to which material substances are composed of prime matter and substantial form, and the Expanded Model, according to which material substances are composed of prime matter, substantial form, and all of their accidental forms. In this paper, I first explain the main differences between these two models and show how they situate Aquinas’s theory of material substances in two different places within (...) the contemporary debate on concrete particulars, highlighting several advantages that Aquinas’s approach has over other varieties of substratum and bundle theory along the way. I then offer some reasons to think that the Expanded Model, as a theory of concrete particulars, is preferable. I argue that the Expanded Model avoids two major concerns for the Simple Model: the problem of extrinsicality, and the problem of too-many-possessors. (shrink)

The first five volumes of the Correspondence of Jeremy Bentham contain over 1,300 letters written both to and from Bentham over a 50-year period, beginning in 1752 (aged three) with his earliest surviving letter to his grandmother, and ending in 1797 with correspondence concerning his attempts to set up a national scheme for the provision of poor relief. Against the background of the debates on the American Revolution of 1776 and the French Revolution of 1789, to which he made (...) significant contributions, Bentham worked first on producing a complete penal code, which involved him in detailed explorations of fundamental legal ideas, and then on his panopticon prison scheme. Despite developing a host of original and ground-breaking ideas, contained in a mass of manuscripts, he published little during these years, and remained, at the close of this period, a relatively obscure individual. Nevertheless, these volumes reveal how the foundations were laid for the remarkable rise of Benthamite utilitarianism in the early nineteenth century. Bentham’s early life is marked by his extraordinary precociousness, but also family tragedy: by the age of 10 he had lost five infant siblings and his mother. The letters in this volume document his difficult relationship with his father and his increasing attachment to his surviving younger brother Samuel, his education, his interest in chemistry and botany, and his committing himself to a life of philosophy and legal reform. (shrink)

This article addresses two great global challenges of the 2020s. On one hand, the accelerating climate crisis and, on the other, the deepening crisis of representation within liberal democracies. As temperatures and water levels rise, rates of popular confidence in existing democratic institutions decline. So, what is to be done? This article discusses whether sortition – the ancient Greek practice of selecting individuals for political office through lottery – could serve to mitigate both crises simultaneously. Since the 2000s, sortition has (...) attracted growing interest among activists and academics. Recently it has been identified in countries like the UK and France as a mechanism for producing legitimate political answers to the climate challenge. However, few theoretical reflections on the potentials and perils of sortition-based climate governance have yet emerged. This article contributes to filling the gap. Based on a critique of the first successful case of sortition used to enhance national environmental policy – in Ireland in 2017–18 – we argue that sortition-based deliberation could indeed speed up meaningful climate action whilst improving the health of democratic systems. However, this positive outcome is not preordained. Success depends not only on green social movements getting behind climate sortition but also on developing flexible, context-specific designs that identify adequate solutions to a number of problems, including those of power ; expertise ; and participation. (shrink)

We have two aims. The main one is to expound the idea of renormalization in quantum field theory, with no technical prerequisites. Our motivation is that renormalization is undoubtedly one of the great ideas—and great successes--of twentieth-century physics. Also it has strongly influenced in diverse ways, how physicists conceive of physical theories. So it is of considerable philosophical interest. Second, we will briefly relate renormalization to Ernest Nagel's account of inter-theoretic relations, especially reduction. One theme will be a contrast between (...) two approaches to renormalization. The old approach, which prevailed from ca. 1945 to 1970, treated renormalizability as a necessary condition for being an acceptable quantum field theory. On this approach, it is a piece of great good fortune that high energy physicists can formulate renormalizable quantum field theories that are so empirically successful. But the new approach to renormalization explains why the phenomena we see, at the energies we can access in our particle accelerators, are described by a renormalizable quantum field theory. For whatever non-renormalizable interactions may occur at yet higher energies, they are insignificant at accessible energies. Thus the new approach explains why our best fundamental theories have a feature, viz. renormalizability, which the old approach treated as a selection principle for theories. That is worth saying since philosophers tend to think of scientific explanation as only explaining an individual event, or perhaps a single law, or at most deducing one theory as a special case of another. Here we see a framework in which there is a space of theories. And this framework is powerful enough to deduce that what seemed “manna from heaven” is to be expected: the good fortune is generic. We also maintain that universality, a concept stressed in renormalization theory, is essentially the familiar philosophical idea of multiple realizability; and that it causes no problems for reductions of a Nagelian kind. (shrink)

As idealized descriptions of mathematical language, there is a sense in which formal systems specify too little, and there is a sense in which they specify too much. On the one hand, formal languages fail to account for a number of features of informal mathematical language that are essential to the communicative and inferential goals of the subject. On the other hand, many of these features are independent of the choice of a formal foundation, so grounding their analysis on a (...) particular choice of a formal system introduces unnecessary specificity. This chapter begins to map out the design features of mathematical language without descending to the level of formal implementation, drawing on examples from the mathematical literature and insights from the design of computational proof assistants and their libraries. (shrink)

The new critical edition of the works and correspondence of Jeremy Bentham (1748-1832) is being prepared and published under the supervision of the Bentham Committee of University College London. In spite of his importance as jurist, philosopher, and social scientist, and leader of theUtilitarian reformers, the only previous edition of his works was a poorly edited and incomplete one brought out within a decade or so of his death. Eight volumes of the new Collected Works, five of correspondence, and (...) three of writings on jurisprudence, appeared between 1968 and 1981, published bythe Athlone Press. Further volumes in the series since then are published by Oxford University Press. The overall plan and principles of the edition are set out in the General Preface to The Correspondence of Jeremy Bentham, vol. 1, which was the first volume of the Collected Works to bepublished.An Introduction to the Principles of Morals and Legislation, Jeremy Bentham's best-known work, is a classic text in modern philosophy and jurisprudence. First published in 1789, it contains the important statement of the foundations of utilitarian philosophy and a pioneering study of crime andpunishment, both of which remain at the heart of contemporary debates in moral and political philosophy, economics, and legal theory. Printed here in full is the definitive edition, edited by the distinguished scholars J. H. Burns and H. L. A. Hart. An introductory essay by Hart, first published in1982 and a widely acknowledged classic in its own right, is reprinted here. It contains an important analysis of Bentham's principle of utility, theory of action, and an account of the relationship between law and morality.A new introduction by the leading Bentham scholar F. Rosen, specially written for this Clarendon Paperback edition, provides students with a helpful survey of Bentham's main ideas and an extensive bibliographical study of recent critical work on Bentham. Professor Rosen's essay also contains a newanalysis of the principle of utility in Bentham's philosophy which is compared with its use in Hume and J. S. Mill. (shrink)

The contractarian theory elaborated by John Rawls in A Theory of Justice exploits the difference principle in a great many ways. Rawls argues that, when used as part of a set of guiding principles for structuring the basic institutions of society, it simplifies the problem of interpersonal comparisons (91-4)1, helps compensate for the arbitrariness of natural endowments (101-3), promotes a harmony of interests between citizens (104-5), reintroduces the principle of fraternity to democratic society (105-6), and, what is critical to his (...) contractarian theory, it is an essential part of the principles of justice which would be chosen by free, equal, and rational persons in the original position. (shrink)

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

Most of us believe that partiality applies in a broad range of relationships. One relationship on which there is much disagreement is co-nationality. Some writers argue that co-national partiality is not justified in certain cases, like killing in war, since killing in defense of co-nationals is intuitively impermissible in other contexts. I argue that this approach overlooks an important structural feature of partiality—namely, that its scope is sometimes restricted. In this essay, I show how some relationships that generate reasons of (...) partiality are restricted in scope—that is, they generate reasons within particular contexts or with respect to particular goods. I then argue that co-national partiality is scope restricted. I then show how this fact helps proponents of co-national partiality overcome the aforementioned objection to its application in cases like war. (shrink)

Of all the demands that mathematics imposes on its practitioners, one of the most fundamental is that proofs ought to be correct. It has been common since the turn of the twentieth century to take correctness to be underwritten by the existence of formal derivations in a suitable axiomatic foundation, but then it is hard to see how this normative standard can be met, given the differences between informal proofs and formal derivations, and given the inherent fragility and complexity of (...) the latter. This essay describes some of the ways that mathematical practice makes it possible to reliably and robustly meet the formal standard, preserving the standard normative account while doing justice to epistemically important features of informal mathematical justification. (shrink)

The COVID-19 global pandemic has shone a light on several important ethical questions, ranging from fairness in resource allocation to the ethical justification of government mandates. In addition to these institutional issues, there are also several ethical questions that arise at the interpersonal level. This essay focuses on several of these issues. In particular, I argue that, despite the insistence in public health messaging that avoiding infecting others constitutes ‘saving lives’, virus transmission that results in death constitutes an act of (...) killing. Whether this killing is wrongful depends on several factors. I consider one intuitively plausible view—namely, that in many cases, killing via unintentional transmission is not wrongful, because the parties in question have implicitly waived their rights against this harm, often via reciprocal risk imposition. I argue that this view is mistaken, but that its central insight can be better captured by identifying the appropriate standards of blame that we ought to apply during a pandemic. I conclude by showing how these conclusions can be fruitfully applied to certain institutional questions, such as helping to justify restricting government mandates. (shrink)

Is there anything in the mind that was not first in the senses? According to the received view, the French empiricist Étienne Bonnot de Condillac’s answer to this was a firm “No”. Unlike Locke, who accepted the existence of innate faculties, Condillac rejected the existence of all innate structure and instinctive behaviours. Everything, therefore, is learned. In this article, I argue that from at least the writing of his 1754 Traité des sensations, this reading fails to capture the true nature (...) of his philosophy of mind. I present a genetic reading of Condillac’s philosophy that shows that from the 1750s until his death in 1780, he developed, by engaging closely with the life sciences of his day, an increasingly sophisticated understanding of the mind and perception. This understanding depends on the acceptance of the activity of the mind, innate structure, and a moderate defence of instincts—all characteristics of the mind that he is most commonly read as rejecting. Reading Condillac in this genetic way demonstrates that his philosophy of mind is much more original and powerful than has previously been recognised. (shrink)

Nursing faces an uncertain future as technological developments, structural changes within health systems and rapidly evolving health needs create new and challenging possibilities. This article draws on the results of a qualitative study undertaken with a range of Queensland nurse leaders to explore their perceptions of these changes. The study re‐surfaced, and allows for a re‐examination of, four issues that have long created tension within nursing and which continue to have a negative impact on the profession as a whole. These (...) are as follows: professionalisation; preparation of graduates; myths and narratives of nursing; and leadership. We provide a metaphor that imagines all of these tensions operating in dynamic interplay. The image is that of a Newton's Cradle – a model for energy and momentum. The metaphor allows one to see the wide context of changes affecting nursing and the significance of the interconnections. If tensions within nursing maintain their own integrity through containment, understanding and development, they remain in alignment, and energy is conserved rather than wasted or misdirected. It suggests that with increased awareness and attention paid to internal challenges, and by taking a broad‐based approach to systemic improvements, nursing could become more effective, progressive and proactive in shaping its own future. (shrink)

v. 1. 1752-76.--v. 2. 1777-80.--v. 3. January 1781 to October 1788.--v. 4. 1788-1793.--v. 5. 1794-1797.--v. 6. January 1798 to December 1801.--v. 7. January 1802 to December 1808.--v. 8. January 1809 to December 1816.--v. 9. January 1817 to June 1820.-- v. 10. July 1820 to December 1821.--v. 11. January 1822 to June 1824.--v. 12. July 1824-June 1828.

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)