Online research in philosophy

This article defends legal instrumentalism, i.e. the thesis that law is distinguished among social institutions more by the means by which it serves its ends, than by the ends it serves. In Kelsen's terms, '[L]aw is a means, a specific social means, not an end.' The defence is indirect. First, it is argued that the instrumentalist thesis is an interpretation of a broader view about law that is common ground among theorists as different as Aquinas and Bentham. Second, the following (...) familiar fallacies that seem to stand in the way of accepting the thesis are refuted: (1) If law is an instrument, then law can have no non-instrumental value. (2) If law is an instrument, then law always has instrumental value. (3) For law to be an instrument, there must be generic end that law serves. (4) If law is an instrument, law must be a neutral instrument. These claims are all wrong. In passing, the instrumentalist thesis is distinguished from other, unrelated, views sometimes associated with instrumentalism, including Brian Tamanaha's diagnosis of the vices of American law, and the views of those who think that jurisprudence is an instrument in the service of social ends. (shrink)

: Three major strategies exist for the protection of endangered habitat and species: (1) land acquisition programs, (2) government legislation and regulatory agencies, and (3) "stewardship" programs that are voluntary and community-based. While all of these strategies have merit, we suggest that stewardship holds particular advantages and should be considered more often as a strategy of first choice. In this article, we examine the Municipal Wetland Stewardship program of Newfoundland, a popular and successful Canadian policy for the local protection of (...) wetlands. Important issues are at stake: competing philosophical foundations for managerial ecology, the value of "local ecological knowledge," principles of community-based conservation, the question of whether stewardship empowers local communities or controls them from afar, and ethical conflicts around American colonialism, hunting, and ecotourism. The results suggest that despite some potentially problematic ironies, the Newfoundland program provides a model for a public policy aimed both at the pragmatics of biophysical sustainability and at the ideals of environmental ethics, social justice, and democratic politics. (shrink)

It can happen that a single surface S, viewed in normal conditions, looks pure blue (“true blue”) to observer John but looks blue tinged with green to a second observer, Jane, even though both are normal in the sense that they pass the standard psychophysical tests for color vision. Tye (2006a) finds this situation prima facie puzzling, and then offers two different “solutions” to the puzzle.1 The first is that at least one observer misrepresents S’s color because, though normal in (...) the sense explained, she is not a Normal color observer: her color detection system is not operating in the current condition in the way that Mother Nature intended it to operate. His second solution involves the idea that Mother Nature designed our color detection systems to be reliable with respect to the detection of coarse-grained colors (e.g., blue, green, yellow, orange), but our capacity to represent the fine-grained colors (e.g., true blue, blue tinged with green) is an undesigned spandrel. On this second solution, it is consistent with the variation between John and Jane that both represent the color of S in a way that complies with Mother Nature’s intentions: both represent S as exemplifying the coarse-grained color blue, and since (we may assume) S is in fact blue, both represent it veridically. Of course, they also represent fine-grained colors of S, and, according to Tye, at most one of these representations is veridical (Tye says that only God knows which). But at the level of representation for which Mother Nature designed our color detection systems, both John and Jane (qua Normal observers) are reliable detectors. (shrink)

(Tye 2006) presents us with the following scenario: John and Jane are both stan- dard human visual perceivers (according to the Ishihara test or the Farnsworth test, for example) viewing the same surface of Munsell chip 527 in standard conditions of visual observation. The surface of the chip looks “true blue” to John (i.e., it looks blue not tinged with any other colour to John), and blue tinged with green to Jane.¹ Tye then in effect poses a multiple choice question.