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.
In this essay, author?educator?photographer A.D. Coleman considers a number of dilemmas inherent in photographing private persons in public places. ?Street photography?; is a genre whose ethical dimensions are often overlooked, despite the photographer's efforts to humanize and universalize a moment in time. According to the author, the dilemmas of street photography are imagistic, general, and philosophical, as well as pragmatic, specific, and legislative.
Louis Kaplow and Steven Shavell are talented and distinguished legal academics who for the past several years have been working jointly on a massive project in normative law and economics. The project's goal is to answer the question: What are the criteria by which legal policies (rules, standards, decisions, and other authoritative acts) ought to be assessed and proposals calling for their reform to be evaluated? In answering this question, they consider two normative frameworks--one defined by a concern for (...) the impact of policies on human welfare, the other defined by a concern for various principles of fairness. Thus, the title of the book: Fairness Versus Welfare. There is no surprise ending, as from the outset Kaplow and Shavell are clear that they judge welfare the unambiguous winner of the competition. -/- Previous iterations of the book have been in circulation for some time and available on the Internet. In addition, Kaplow and Shavell have made the rounds of law and economics workshops for several years, taking the opportunity such occasions provide to set out and defend the book's central claims. Beyond that, the book has been the subject of numerous conferences and panels at professional meetings. It is unlikely, therefore, that many intended readers are not already familiar with its claims and the arguments marshaled on their behalf. -/- Even so, it is useful to distinguish among three groups of potential readers. The first two groups are the representatives of protagonists. On the one side are the deontologists--philosophers and legal theorists committed to the idea that some or other deontic considerations must play an independent role in assessing legal practice as well as calls for its reform. Along with everyone from Plato and Aristotle to Kant, Rawls, and Dworkin, Kaplow and Shavell are kind enough explicitly to include me in this group. This group is their target. As Kaplow and Shavell see it, no argument they could muster might convince the deontologists of the error of their ways, so hopelessly are the deontologists in the grip of a mistaken view. On the other side stand the fellow travelers along the law-and-economics highway. This group represents Kaplow and Shavell's natural allies. Although the argument of the book might firm their resolve, and harden them in battles with the deontologists, it is not necessary to persuade them. The argument of the book will be lost on the first group and otiose for the second. This leaves the uncommitted law professor searching for an analytical and normative framework within which to organize her thinking and through which to sharpen her critical lens. The book is self-consciously aimed at capturing the hearts and minds of this segment of the legal academy. -/- It should come as something of a surprise, then, that among the most vehement critics of Kaplow and Shavell's project are other advocates of an economic approach to the law. Whereas most deontologists are likely merely to dismiss Kaplow and Shavell as unsophisticated and their arguments as inadequately nuanced, the majority of law-and-economics scholars are anxious to dissociate themselves from a thesis they are convinced is dangerous to the cause. Why? The answer is that the book openly endorses precisely the imperialistic claims with which others have saddled the law-and-economics movement, often in an effort to discredit it as inadequately catholic or, in the extreme, uncivilized. Whereas the vast majority of law-and-economics scholars have been trying to make the case for including efficiency among the factors suitable to assessing legal reform proposals, the entire point of the Kaplow and Shavell argument is that the only considerations that can figure in a rational reform policy are those of human welfare--or efficiency properly construed. -/- One might suppose that any book that triggers so much fear and loathing--that sends its natural allies scampering for shelter and engenders apoplexy among its targets--has to be either really dreadful or of fundamental importance. Fairness Versus Welfare is neither. The book is divided into two parts of very unequal length. In the first part, the authors distinguish the two competing normative frameworks of fairness and welfare from one another and set forth the general framework by which they shall adjudicate between the two. In the second, and by far the longer, section of the book, they set out to make good on the strategy of evaluation by comparing fairness and welfare in a wide range of areas of the law--both private and public. The argument of the book requires for its success treating the two parts of the book as connected. That is because the objection to fairness is that the price of fairness is too high in terms of its likely impact on welfare, and so it is the burden of the second part to establish just how extensive those detrimental effects are likely to be. In this sense, the second part forms the evidentiary base for the thesis of the first part. -/- In fact, however, the second part of the book can stand on its own and constitutes a significant contribution to discussions of the impact on human welfare of various regimes of rules, standards, and policies in a wide range of areas of the law. The source of consternation for "friend" and foe alike is the first part of the book. Whereas the second part is nearly invaluable to anyone interested in policy analysis and legal reform, the first part's argument is entirely unsuccessful. Unfortunately, the overall argument of the book depends crucially on it. -/- Fairness Versus Welfare claims that welfare, and not fairness, is the standard appropriate to assessing the law and calls for its reform. This is a normative claim and, as such, requires normative argument on its behalf. Any suitable argument for the authors' claim then will consist in a set of reasons or grounds for the claim that welfare, and not fairness, is the appropriate basis for assessing law and its reform. The burden of providing an account of what is to count as grounds or reasons for that claim is the task of the first part of the book: the evaluative framework. Sadly, instead of discharging that obligation, Fairness Versus Welfare serves up empty tautological claims and underdeveloped putative causal explanations--explanations, moreover, that were they in fact adequate, would be so strong as to undermine, rather than support, the book's overall thesis. Fairness Versus Welfare makes a bold normative claim, but it offers no argument adequate to support it. -/- In Part I of this Review, I summarize the debate on the normative foundation of efficiency prior to the publication of the Kaplow and Shavell book. In Part II, I criticize Kaplow and Shavell's argument that welfare is the uniquely appropriate standard for the assessment of the law and proposals for its reform. In Part III of this Review, I sketch an alternative account of the value of welfare. On that view, however, whatever it is about welfare that explains its value and aptness for assessing the law also explains why fairness is valuable and appropriate to assessing the law. In short, Kaplow and Shavell's account of welfare fails to explain its value and its role in evaluating the law. On the other hand, any plausible account of welfare that is capable of explaining its value explains as well the value of fairness and its appropriateness to evaluating the law and proposals for its reform. The central claim of the book is not just inadequately defended, but, at the end of the day, unsupportable. (shrink)
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)
According to the knowledge argument, physicalism fails because when physically omniscient Mary first sees red, her gain in phenomenal knowledge involves a gain in factual knowledge. Thus not all facts are physical facts. According to the ability hypothesis, the knowledge argument fails because Mary only acquires abilities to imagine, remember and recognise redness, and not new factual knowledge. I argue that reducing Mary’s new knowledge to abilities does not affect the issue of whether she also learns factually: I show that (...) gaining specific new phenomenal knowledge is required for acquiring abilities of the relevant kind. Phenomenal knowledge being basic to abilities, and not vice versa, it is left an open question whether someone who acquires such abilities also learns something factual. The answer depends on whether the new phenomenal knowledge involved is factual. But this is the same question we wanted to settle when first considering the knowledge argument. The ability hypothesis, therefore, has offered us no dialectical progress with the knowledge argument, and is best forgotten. (shrink)
The views of John Dewey and Kurt Vonnegut are often criticized for opposite reasons: Dewey’s philosophy is said to be naively optimistic while Vonnegut’s work is read as cynical. The standard debates over the views of the two thinkers cause readers to overlook the similarities in the way each approaches tragic experience. This paper examines Dewey’s philosophic account of time and meaning and Vonnegut’s use of time travel in his autobiographical novel Slaughterhouse-Five to illustrate these similarities. This essay demonstrates how (...) both Dewey and Vonnegut embrace the ameliorative possibilities of art for preserving individuality and meaning in the face of tragic experience. (shrink)
For several decades the work of Joel Feinberg has been the most influential in legal, political, and social philosophy in the English-speaking world. This volume honours that body of work by presenting fifteen original essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility, and liability. It will be a collection of interest to anyone working in moral, legal, or political (...) philosophy. (shrink)
According to the Humean theory of motivation, a person can only be motivated to act by a desire together with a relevantly related belief. More specifically, a person can only be motivated to ϕ by a desire to ψ together with a belief that ϕ-ing is a means to or a way of ψ-ing. In recent writings, Michael Smith gives what has become a very influential argument in favour of the Humean claim that desire is a necessary part of motivation, (...) and a great deal has been written about Smith's defence of this Humean claim. However, no one has yet identified the fundamental weakness of his defence. The fundamental weakness is that there is no single conception of directions of fit that does all the work Smith needs it to do throughout the various stages of his defence. (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)
This article is a textual analysis of messages and themes in "Calvin and Hobbes," a comic strip nationally syndicated from 1985 to 1995. The article examines the content found in "Calvin and Hobbes" to determine underlying messages concerning ethics and values. Specifically, the messages are analyzed to determine under which category of metaethics-deontological, teleological, and virtue-they fall.
This paper discusses privacy and the monitoring of e-mail in the context of the international nature of the modern world. Its three main aims are: (1) to highlight the problems involved in discussing an essentially philosophical question within a legal framework, and thus to show that providing purely legal answers to an ethical question is an inadequate approach to the problem of privacy on the Internet; (2) to discuss and define what privacy in the medium of the Internet actually is; (...) and (3) to apply a globally acceptable ethical approach of international human rights to the problem of privacy on the Internet, and thus to answer the question of what is and is not morally permissible in this area, especially in light of recent heightened concerns about terrorist activities. It concludes that the monitoring of e-mail is, at least in the vast majority of cases, an unjustified infringement of the right to privacy, even if this monitoring is only aimed at preventing the commission of acts of terrorism. (shrink)
Greg Kavka (1947-1994) was a prominent and influential figure in contemporary moral and political philosophy. The new essays in this volume are concerned with fundamental issues of rational commitment and social justice to which Kavka devoted his work as a philosopher. The essays take Kavka's work as a point of departure and seek to advance the respective debates. The topics include: the relationship between intention and moral action as part of which Kavka's famous 'toxin puzzle' is a focus of discussion, (...) the nature of deterrence, the rationality of morals, contractarian ethics, and the contemporary relevance of Hobbes' political thought. Incorporating important new philosophical statements of problems and fresh contributions to the ongoing debate about rational intention this volume will interest not just philosophers but also political scientists and economists. (shrink)
The specific characteristics of mathematical argumentation all depend on the centrality that writing has in the practice of mathematics, but blindness to this fact is near universal. What follows concerns just one of those characteristics, justification by proof. There is a prevalent view that long proofs pose a problem for the thesis that mathematical knowledge is justified by proof. I argue that there is no such problem: in fact, virtually all the justifications of mathematical knowledge are ‘long proofs’, but because (...) these real justifications are distributed in the written archive of mathematics, proofs remain surveyable, hence good. (shrink)
One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis — for the law of torts. The paper is divided into two parts. In the first part I consider and (...) reject the view that tort law is best understood as falling either within the ambit of the principle of retributive justice, a comprehensive theory of moral responsibility, or an ideal of fairness inherent in the idea that one should impose on others only those risks others impose on one. The second part of the paper distinguishes among various conceptions of corrective or compensatory justice and considers arguments — including previous arguments by the author himself — to the effect that tort law is best understood as rooted in principles of corrective justice. This paper argues that although the use of principles of justice may render defensible many (but by no means all) of the claims to repair and to liability recognized in torts, it cannot explain why we have adopted a tort system as the approach to vindicating those claims. Some other principle — probably not one of justice — is needed to explain why it is that the victims claims to repair is satisfied by having his losses shifted to his injurer — rather than through some other means of doing so. The paper concludes that the law of torts cannot be understood — in the sense of being given a rational reconstruction — under any one principle of morality. (shrink)
Here it is shown that the discourse of contemporary advertising derives from verbal and visual narratives encoded in Locke's representation of American landscape. These narratives embrace the idea of nature as an artifact, the imperial self, picture theory, and palimpsest representation. They are given careful attention in this study not because of their timely value but, precisely, because they are anachronistic and widely disseminated by the advertising media, a national nostalgia industry parasitical upon an intellectual inheritance originating with Locke. Incident (...) to the popularity of Lockean ideas achieved by these means is that counter-narratives on the environment advanced by resource economics and conservation biology are rendered marginal and ineffective. (shrink)
In todayâs society, models of God are challenged to account for more than the postmodern context in which Western Christianity finds itself; they should also consider the reality of religious pluralism. Non-monotheistic religions present a particular challenge to Western theological and philosophical God-modeling because they require a model of Gods. This paper uses an African traditional religion as a case study to problematize the effects of monotheism on philosophical models of God. The desire to uphold the image of a singular (...) God tends to invalidate religious experiences that deviate from a given scientifically-verifiable norm. It also mischaracterizes the concept of divinity in religions that maintain divine multiplicity. That is, scholars of African traditional religions affirm that polytheism is not an accurate naming of their traditions; rather these religions affirm a community of gods. I propose a Whiteheadian process model that describes a community of gods that has active interaction with the temporal world. Such a model not only broadens conversations of religious pluralism for Western-trained religious scholars, but also acknowledges the Western context in which many practitioners of African traditional religions live. (shrink)
An extraordinary collection of the finest essays in the core areas of legal philosophy, Readings in Philosophy of Law is a perfect introduction to the breadth of issues covered in the philosophy of law. The essays are all classic papers chosen as much for their clarity of thought and comprehensiveness as for their distinctiveness and importance to the subject matters of legal philosophy. This collection is ideal for the professional as well as the student, as it brings together classic essays (...) that are not otherwise available in one volume. The reader sees each author's thoughts and arguments unfold naturally within the context of other important works. For breadth of contributions and intellectual rigor, Readings in Philosophy of Law is unrivalled. (shrink)
Traditional approaches to computer ethics regard computers as tools, andfocus, therefore, on the ethics of their use. Alternatively, computer ethicsmight instead be understood as a study of the ethics of computationalagents, exploring, for example, the different characteristics and behaviorsthat might benefit such an agent in accomplishing its goals. In this paper,I identify a list of characteristics of computational agents that facilitatetheir pursuit of their end, and claim that these characteristics can beunderstood as virtues within a framework of virtue ethics. This (...) frameworkincludes four broad categories – agentive, social, environmental, and moral– each of which can be understood as a spectrum of virtues rangingbetween two extreme subcategories. Although the use of a virtue frameworkis metaphorical rather than literal, I argue that by providing a frameworkfor identifying and critiquing assumptions about what a `good' computer is,a study of android arete provides focus and direction to the developmentof future computational agents. (shrink)
This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.
One approach to legal theory is to provide some sort of rational reconstruction of all or of a large body of the common law. For philosophers of law this has usually meant trying to rationalize a body of law under one or another principle of justice. This paper explores the efforts of the leading tort theorists to provide a moral basis - in the sense of rational reconstruction based on alleged moral principles - for the law of torts. The paper (...) is divided into two parts. In the first part I consider and reject the view that tort law is best understood as falling either within the ambit of the principle of retributive justice, a comprehensive theory of moral responsibility, or an ideal of fairness inherent in the idea that one should impose on others only those risks others impose on one. The second part of the paper distinguishes among various conceptions of corrective or compensatory justice and considers arguments — including previous ones by the author himself — to the effect that tort law is best understood as rooted in principles of corrective justice. This paper argues that although the principles of justice may render defensible many (but by no means all) of the claims to repair and to liability recognized in torts, it cannot explain why we have adopted a tort system as the approach to vindicating those claims. Some other principle — probably not one of justice — is needed to explain why it is that the victim's claim to repair is satisfied by having his losses shifted to his injurer — rather than through some other means of doing so. The paper concludes that the law of torts cannot be understood — in the sense of being given a rational reconstruction — under any one principle of morality. (shrink)
Donald T. Campbell outlines an epistemological theory that attempts to be faithful to evolution through natural selection. He takes his position to be consistent with that of Karl R. Popper, whom he credits as the primary advocate of his day for natural selection epistemology. Campbell writes that neither he nor Popper want to give up the goal of objectivity or objective truth, in spite of their evolutionary epistemology. In discussing the conflict between an epistemology based on natural selection and objective (...) truth, Campbell cites an article by the German sociologist and philosopher Georg Simmel entitled 'On a Connection of Selection Theory to Epistemology', as presenting the issue in a notably forthright manner.The present essay summarizes Simmel's article, with the purpose of clarifying, in terms that Campbell apparently finds satisfactory, the conflict that Campbell acknowledges between an evolutionary epistemology and ultimate truth; the essay then examines the responses of Campbell and Popper to Simmel's position. While Campbell and Popper acknowledge the work of Simmel, their responses suggest something less than a full consideration of Simmel's position. (shrink)
We review three possible theoretical mechanisms for the placebo effect: conditioning, expectancy and endogenous opiates and consider the implications of the first two for clinical research and practice in the area of pain management. Methodological issues in the use of placebos as controls are discussed and include subtractive versus additive expectancy effects, no treatment controls, active placebo controls, the balanced placebo design, between- versus within-group designs, triple blind methodology and the double expectancy design. Therapeutically, the possibility of shaping negative placebo (...) responses through placebo sag, overservicing and the use of placebos on their own are explored. Suggestions for using conditioned placebos strategically in conjunction with nonplacebos are made and ways of maximizing the placebo component of nonplacebo treatments are examined. Finally, the importance of investigating the placebo effect in its own right is advocated in order to better understand the long-neglected psychological aspects of the therapeutic transaction. (shrink)
Among the many explanations for antibiotic overprescription, some doctors cite the risk of malpractice liability if they deny a patient's request for an antibiotic and the patient's condition worsens. In this paper, I examine the merits of this concern—i.e., whether physicians could, in fact, face malpractice liability for refusing to prescribe an antibiotic when, from a public health perspective, the use of the antibiotic would be considered inappropriate. I conclude that the potential for liability cannot be dismissed entirely, but the (...) risk is remote—even in cases where there is a chance that the antibiotic might have benefited the patient. (shrink)
We attempt to defend the species-as-individuals hypothesis by examining the logical role played by the binomials (e.g., "Homo sapiens," "Pinus ponderosa") in biological discourse about species. Those who contend that the binomials can be properly understood as functioning in biological theory as singular terms opt for an objectual account of species and view species as individuals. Those who contend that the binomials can in principle be eliminated from biological theory in favor of predicate expressions opt for a predicative account of (...) species and view species as kinds. We contend that biologists' talk about species is talk about species as individuals, and we conclude that the most plausible account of species is an objectual account. (shrink)
This study gathered preliminary baseline data on the moral development of journalists using the Defining Issues Test (DIT), an instrument based on Kohlberg's (1969) 6 stages. Results show that a sample of journalists scored 4th highest among professionals tested using the DIT. The journalists ranked behind seminarians/philosophers, medical students, and physicians but above dental students, nurses, graduate students, undergraduate college students, veterinary students, and adults in general. No significant differences were found between various groups of journalists, including men and women, (...) and broadcast and print journalists. The journalists in the study scored significantly higher on the 3 journalism-specific dilemmas than on 3 nonjournalism dilemmas. (shrink)
It is suggested that the control-system theory of Domjan et al. restates in engineering vocabulary the primary thesis of law-of-effect theories: namely, that classical-conditioning arrangements may involve CR-contingent reinforcement. The research cited by Domjan et al. is relevant to the idea that classical conditioning is an adaptive process, but is irrelevant to their control-system theory.
Journalists seldom consider the layers of those affected by their actions; third parties such as families, children, and even people unlucky enough to be in the wrong place at the wrong time. This article argues for consideration of the broader group, considering a range of options available for doing their duty to inform the public while also minimizing harm to others. Journalists might compare themselves with other professions that have similar roles, such as anthropologists, on such issues as confidentiality and (...) disclosure. A broader lesson is the value of applying different views, theoretical frameworks, and starting points to the ethical issues in any profession. (shrink)
This chapter outlines the theoretical deep structure that is common to Durkheim's social psychology and the general theory of action. It first demonstrates the limits of the intellectual-historicist approach to classic sociology (Jones, 1977). It then induces the generative theoretical paradigm of Suicide from a textual analysis. It concludes by demonstrating the formal and substantive equivalence of this paradigm to the four-function general action system of Talcott Parsons.
The Postscript to 'The Concept of Law' contains Herbert Hart's only sustained and considered response to the objections made by his distinguished critic, Ronald Dworkin. In this extraordinary collection, an array of leading legal philosophers evaluates the success of Hart's response to Dworkin.
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-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for (...) anyone working in legal theory and of interest to legal scholars generally, philosophers and legal theorists looking for a way in to understand current jurisprudential thinking. (shrink)
Chalmers has provided a dilemmatic master argument against all forms of the phenomenal concept strategy. This paper explores a position that evades Chalmers's argument, dubbed Type Bb: it is for Type B physicalists who embrace horn b of Chalmers's dilemma. The discussion concludes that Chalmers fails to show any incoherence in the position of a Type B physicalist who depends on the phenomenal concept strategy.
In this essay, I characterize the original intervention that became Inclusive Legal Positivism, defend it against a range of powerful objections, explain its contribution to jurisprudence, and display its limitations and its modest jurisprudential significance. I also show how in its original formulations ILP depends on three notions that are either mistaken or inessential to law: the separability thesis, the rule of recognition, and the idea of criteria of legality. The first is false and is in event inessential to legal (...) positivism. The second is inessential to legal positivism. The third is likely inessential to law. I then characterize the central claim of ILP in a way that relies on none of these: ILP is the claim that necessarily social facts determine the determinants of legal content. I show that ILP so conceived leaves the central debates in law largely untouched. I suggest how the most fundamental of these—the question of the normativity of law—at least can be usefully addressed. The essay closes by suggesting that even though one can distinguish the social from the normative dimensions of law, a theory of the nature of law is necessarily an account of the relationship between the two: It is a theory either of the difference that certain distinctive social facts make in normative space, or it is an account of the distinctive normative difference that law makes, and the social and other facts that are necessary to explain that difference. One can distinguish between but one cannot separate the social from the normative aspects of legality. (shrink)
Harris and Brokmeyer met in 1858 at the St. Louis Mercantile Library, where Harris was offering a public lecture. Brokmeyer convinced Harris of the significance of Hegel’s system, and its relevance to the historical trends of American society. They immediately joined forces, attracting a number of other youthful followers with intellectual ambitions, many of whom were, like Harris, teachers in the public schools. The nascent Hegelian movement was temporarily stalled when Brokmeyer went off to serve as a Colonel in (...) the Union Army during the Civil War, but it rebounded in full force upon his return with the formation of the St. Louis Philosophical Society in 1866, and the launching of the Journal of Speculative Philosophy, the official organ of the Society, in 1867. (shrink)
Colemanand Shapiro have recently advanced a second at- tempt to reconcile Hart’s practice theory of rules and the idea of the normativity of law; i.e., the idea that legal rules qua social rules give reasons for actions and, in some circumstances create and impose duties and obligations. Their argumentative strategy is to resort to elements in Bratman’s work on shared agency and planning, though they introduce important and substantive modiﬁcations to Bratman’s own explanation. Bratman describes his own theory as a (...) modest theory of the will where the notion of planning plays a fundamental role. Both Shapiro’s and Coleman’s application of Bratman’s planning theory of agency to an authority structure such as law is impressive, but a number of objections can be levelled, with the intention of grasping both the nature of authority structures and the normativity of law. Although I have referred to Shapiro’s and Coleman’s applica- tions as being similar to one another, the diﬀerences are sub- stantive and important. I will scrutinise both Shapiro’s and Coleman’s explanations of ‘shared agency’ and discuss the objections that can be raised against each application. (shrink)
As an accompaniment to the translation into English of Louis Althusser's 'Letter to the Central Committee of the PCF, March 18th, 1966', this note provides the historical and theoretical context necessary to understand Althusser's 'anti-humanist' interventions into French Communist Party policy decisions during the mid-1960s. Because nowhere else in Althusser's published writings do we see as clearly the political stakes involved in his philosophical project, nor the way in which this project evolved from a 'theoreticist' pursuit into a more (...) practical one, the note also argues that the letter is of importance to Althusser scholars, to historians of Marxist thought, and to those interested in the relevance of Althusser's work to contemporary Marxist philosophy. (shrink)
Best known for his theories of ideology and its impact on politics and culture Louis Althusser revolutionized Marxist theory. His writing changed the face of literary and cultural studies and continues to influence political modes of criticism such as feminism, postcolonialism and queer theory. Beginning with an introduction to the crucial context of Marxist theory, this book goes on to explain: - How Althusser interpreted and developed Marx's work - The political implications of reading - Ideology and its significance (...) for culture and criticism - Althusser's aesthetic criticism of literature, theatre and art Placing Althusser's key ideas in the context of earlier Marxist thought, as well as tracing their development and impact, Luke Ferretter provides a wide-ranging yet accessible guide, ideal for those new to the work of this influential critical thinker. (shrink)
The philosophy of pattern cladism has been variously explained by reference to the work of Louis Agassiz. The present study analyzes Agassiz's attempt to combine an empirical approach to the study of nature with an idealistic philosophy. From this emerges the problem of empiricism and of the isomorphy between the order of nature and human thinking. The analysis of the writings of Louis Agassiz serves as the basis for discussion of the reality of natural groups as postulated by (...) pattern cladists. (shrink)
Coleman suggests three central things in her commentary: (i) SUB is just as well-suited to deal with our case as PROB SUB is; thus, there aren’t any interesting reasons to prefer PROB SUB to SUB; (ii) I may have failed to describe Feldman’s possibilist view accurately; and (iii) an “intentionally accessible” version of possibilism will solve all our problems without appealing to objective subjunctive probabilities. Let me attend to each point.
Before the Enlightenment, and before the imperialism of the later eighteenth century, how did European readers find out about the varied cultures of Asia? Orientalism in Louis XIV's France presents a history of Oriental studies in seventeenth-century France, mapping the place within the intellectual culture of the period that was given to studies of Arabic, Persian, Turkish, and Chinese texts, as well as writings on Mughal India. The Orientalist writers studied here produced books that would become sources used throughout (...) the eighteenth century. Nicholas Dew places these scholars in their own context as members of the "republic of letters" in the age of the scientific revolution and the early Enlightenment. (shrink)
Coleman (1990) describes ?calculative trust?. He states that, in order to trust, the value of trust has to be larger than the value of mistrust. So if subjects have (not personally but on average) rational expectations about the trustworthiness of their transaction partners, we should expect the frequency of trust to increase with the average net profitability of trust. In a meta?study of trust experiments, Coleman's Hypothesis could not be confirmed while, in our own experiment with a wider (...) parameter range, it is supported. We explain this finding by the parameter choices of experimenters. They choose pay?off parameters resulting in situations where decisions are ?difficult?, i.e. to make the alternatives ?trusting? and ?non?trusting? seem equally profitable. Thus, such experiments are concentrated on a specific subspace of parameters and are inadequate for certain meta?studies. (shrink)