Frederick Pollock and the English Juristic Tradition provides the first detailed historical account of one of England's great jurists. Drawing upon a vast array of sources, Neil Duxbury examines Pollock's career, jurisprudence, philosophy of the common law, treatise writing, and editorial initiatives, and shows that Pollock's contribution to the development of English law and juristic inquiry is both complex and crucial.Readership: Scholars and students of legal history and legal thought, barristers, and judges.

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles (...) of statutory interpretation. (shrink)

Irish literature after Yeats and Joyce, from the 1920s onwards, includes texts which have been the subject of much contention. For a start how should Irish literature be defined: as works which have been written in Irish or as works written in Englsih by the Irish? It is a period in whichideas of Ireland--of people, community, and nation--have been both created and reflected, and in which conceptions of a distinct Irish identity have been articulated, defended, and challenged; a period which (...) has its origins in a time of intense political turmoil. `after Yeats and Joyce' alsosuggests the immense influence of these two writers on the style, stances, and preoccupations of twentieth-century Irish literature. Neil Corcoran focuses his chapter on various themes such as `the Big House', the rural and provincial, with reference to authors from Kinsella and Beckett to WilliamTrevor, Seamus Heaney, and Mary Lavin, providing a lucid and far-reaching introduction to modern Irish writing. (shrink)

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in (...) accounting for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are (...) not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making. (shrink)

Introduction -- Cultural theories of people -- Identities in standard English -- Language and social institutions -- The cultural self -- The self's identities -- Theories of identities and selves -- Theories of norms and institutions -- Social reality and human subjectivity.

David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial (...) reason and the esoteric nature of the law, and on the role of judges in the legal system are all at odds with those of the common lawyers. (shrink)

In English, we use the word "I" to express thoughts that we have about ourselves, and we use the reflexive pronouns "himself" and "herself" to attribute such thoughts to others. Philosophers and linguists call such thoughts, and the statements we use to express them, de se. De se thoughts and statements, although they appear often in our day-to-day lives, pose a series of challenging problems for both linguists and philosophers. This interdisciplinary volume examines the structure of de se thought, (...) various issues concerning the semantics and pragmatics of our discourse about it, and also what it reveals about how humans think about themselves and the world around them. (shrink)

This book contains new critical editions of the Latin texts of Robert Grosseteste's 13th century treatise on free will, De libero arbitrio, with complete English translations. Included is a substantial study of the texts, their place in Grosseteste's body of works, doctrinal content, employment by later thinkers, and manuscript sources.

In The Twentieth-Century Humanists from Spitzer to Frye, William Calin examines the contributions of eight scholar-critics who produced their most important work between the mid-1930s and the early 1960s, before the advent of contemporary critical theory. Five are from Continental Europe. Leo Spitzer, Robert Curtius and Erich Auerbach were German-language students of Romance literatures, while Albert Béguin and Jean Rousset, both speakers of French, were leading figures of the Geneva school. Calin also includes English-language scholars: the Oxford don C. (...) S. Lewis, the American F. O. Mathiessen, and the Canadian Northrop Frye. Calin's goal is threefold. He wants to draw distinctions between the mid-twentieth .. (shrink)

This chapter shows how The Daily Show targets those political and religious leaders who claim to receive clear revelations from the divine, either by their own particular religious experiences and practices or through sacred texts. It considers some of the ways Stewart calls into question their apparently unquestionable grasp of the mind of God. Philosophers like the famous English thinker John Locke have made their living by carefully examining not only the nature of the world around us, but also (...) the more puzzling aspects of human behavior. For instance, Locke describes and critiques the sort of “enthusiasm” by recognizing that such religiously convicted individuals: “persuade themselves that they are under the peculiar guidance of heaven in their actions and opinions, especially in those of them which they cannot account for by the ordinary methods of knowledge and principles of reason. (shrink)

Few figures of the Middle Ages command the attention of so many modern disciplines as Robert Grosseteste (c. 1170-1253). Theology, Philosophy, History, and Science are all areas which his life and thought continue to have significance and to inspire re-interpretation. Accompanied by a series of original commentaries, this new edition of Grosseteste's work, with English translation, draws together the perspectives of modern scientists and medieval specialists. Volume I of a six volume series, Knowing and Speaking presents two of the (...) earliest of Grosseteste's works, the treatises On the Liberal Arts and On the Generation of Sounds. These are accompanied by a significant Middle English treatise on the Seven Liberal Arts whose anonymous fifteenth-century author translated and excerpted passages from Grosseteste's treatises in a re-imagining of their structure and function.0Each work is treated separately within the volume, which is constructed in three parts. On the Liberal Arts sets Grosseteste's thoughts on the arts subjects and emphasises moral concerns about the purpose of learning. On the Generation of Sounds builds on the theories and statements of On the Liberal Arts in connection to the production of sound, elaborating the earlier position, relating the generation of sounds to human vocal and speech production. (shrink)

Variation in decision-making about end-of-life care among ethnic groups creates clinical conflicts. In order to understand changes in preferences for end-of-life care among Japanese who immigrate to the United States, we conducted 18 focus groups with 122 participants: 65 English-speaking Japanese Americans, 29 Japanese-speaking Japanese Americans and 28 Japanese living in Japan.Negative feelings toward living in adverse health states and receiving life-sustaining treatment in such states permeated all three groups. Fear of being meiwaku, a physical, psychological or financial caregiving (...) burden on loved ones, was a prominent concern. They preferred to die pokkuri (popping off) before they become end stage or physically frail. All groups preferred group-oriented decision-making with family. Although advance directives were generally accepted, Japanese participants saw written directives as intrusive whereas Japanese Americans viewed them mainly as tools to reduce conflict created by dying person's wishes and a family's kazoku no jo– responsibility to sustain the dying patient. These findings suggest that in the United States Japanese cultural values concerning end-of-life care and decision-making process are largely preserved. (shrink)

Previous studies show that reading sentences about actions leads to specific motor activity associated with actually performing those actions. We investigate how sign language input may modulate motor activation, using British Sign Language sentences, some of which explicitly encode direction of motion, versus written English, where motion is only implied. We find no evidence of action simulation in BSL comprehension, but we find effects of action simulation in comprehension of written English sentences by deaf native BSL signers. These (...) results provide constraints on the nature of mental simulations involved in comprehending action sentences referring to transfer events, suggesting that the richer contextual information provided by BSL sentences versus written or spoken English may reduce the need for action simulation in comprehension, at least when the event described does not map completely onto the signer's own body. (shrink)

In the present article, the work of contemporary English writer and screenwriter Neil Gaiman is studied from the point of view of artistic and philosophical reinterpretation of the principles of surrealism. His novels ‘Neverwhere‘, ‘Coraline‘ and the script for the film ‘Mirror mask‘are analysed, in which the interpenetration of the real and unreal world can be traced and the planes of reality and dreams are woven into one inseparable whole. It is emphasized that for the creative style of (...) Neil Gaiman game with space and time is typical: climbing the stairs out of the sewer, you can find yourself on a roof, away from home, you can go back to his door, looking through a window in the world of dream, you can see yourself sleeping. Therefore, the writer often uses the theme of dream, program for the philosophy of surrealism: the characters have dreams that are either echoes of the past or images of predicted future, reflection of dreams or the dream itself turns into a full-fledged reality that is being created by sleeping character. However, it can be noted that the approach of the writer to value of phantasmagoric worlds is changing. If in the novel ‘Neverwhere‘ the world of London below is conceptualized as an alternative to the real world, in the novel ‘Coraline‘, and especially in the movie ‘Mirror mask‘ filmed in 2005, staying in a different world helps heroes to understand the real world better and to seek that fills it with meaning. (shrink)

The Taming of the True poses a broad challenge to realist views of meaning and truth that have been prominent in recent philosophy. Neil Tennant argues compellingly that every truth is knowable, and that an effective logical system can be based on this principle. He lays the foundations for global semantic anti-realism and extends its consequences from the philosophy of mathematics and logic to the theory of meaning, metaphysics, and epistemology.

What is morality? In Practical Expressivism, I argue that morality is a purely natural interpersonal co-ordination device, whereby human beings express their attitudes in order to influence the attitudes and actions of others. -/- The ultimate goal of these expressions is to find acceptable ways of living together. This 'expressivist' model for understanding morality faces well-known challenges concerning 'saving the appearances' of morality, because morality presents itself to us as a practice of objective discovery, not pure expression. -/- This book (...) demonstrates how a properly developed expressivist view can overcome this objection, by showing that even if moral practice is fundamentally expressive, it can still come to possess those features that make it appear objective (features such as talk and thought of moral disagreement, truth and belief, and the applicability of logical notions to moral sentences). The key to this development is to emphasise the unique and intricate practical role that morality plays in our lives. Practical expressivism is also practical in the further sense that it provides repeatable patterns that expressivists can deploy in coming to understand the apparently objective features of morality. (shrink)

This chapter considers the nature of imagination and belief, exploring how deeply these two states of mind differ. It first addresses a range of cognitive and motivational differences between imagination and belief which suggest that they're fundamentally different states of mind. Then it addresses imaginative immersion, delusions, and the different norms we apply to the two mental states, which some theorists regard as providing support for a more unified picture of imagination and belief.

The author comments on the article “The Neurobiology of Addiction: Implications for Voluntary Control of Behavior,‘ by S. E. Hyman. Hyman’s article suggests that addicted individuals have impairments in cognitive control of behavior. The author agrees with Hyman’s view that addiction weakens the addict’s ability to align his actions with his judgments. The author states that neuroethics may focus on brains and highlight key aspects of behavior but we still risk missing explanatory elements. Accession Number: 24077912; Authors: Levy, Neil (...) 1,2; Email Address: [email protected]; Affiliations: 1: University of Melbourne, Parkville 3010, Australia; 2: University of Oxford; Subject: ADDICTIONS; Subject: ALCOHOLISM; Subject: COGNITION; Subject: BEHAVIOR; Subject: JUDGMENT; Subject: HYMAN, S. E.; Subject: NEUROBIOLOGY; Number of Pages: 2p. (shrink)

This paper applies the theory of teleosemantics to the issue of moral content. Two versions of teleosemantics are distinguished: input-based and output-based. It is argued that applying either to the case of moral judgements generates the conclusion that such judgements have both descriptive (belief-like) and directive (desire-like) content, intimately entwined. This conclusion directly validates neither descriptivism nor expressivism, but the application of teleosemantics to moral content does leave the descriptivist with explanatory challenges which the expressivist does not face. Since teleosemantics (...) ties content to function, the paper also offers an account of the evolutionary function of moral judgements. (shrink)

Many philosophers argue that the face-value of moral practice provides presumptive support to moral realism. This paper analyses such arguments into three steps. (1) Moral practice has a certain face-value, (2) only realism can vindicate this face value, and (3) the face-value needs vindicating. Two potential problems with such arguments are discussed. The first is taking the relevant face-value to involve explicitly realist commitments; the second is underestimating the power of non-realist strategies to vindicate that face-value. Case studies of each (...) of these errors are presented, drawn from the writings of Shafer-Landau, Brink and McNaughton, and from recent work in experimental metaethics. The paper then considers weak presumptive arguments, according to which both realist and non-realist vindications of moral practice are possible, but the realist vindications are more natural. It is argued that there is no sense of ‘natural’ available that can make these arguments work. The conclusion is that all extant presumptive arguments for moral realism fail. (shrink)

This paper advances three necessary conditions on a successful account of sentential negation. First, the ability to explain the constancy of sentential meaning across negated and unnegated contexts (the Fregean Condition). Second, the ability to explain why sentences and their negations are inconsistent, and inconsistent in virtue of the meaning of negation (the Semantic Condition). Third, the ability of the account to generalize regardless of the topic of the negated sentence (the Generality Condition). The paper discusses three accounts of negation (...) available to moral expressivists. The first—the dominant commitment account—fails to meet the Fregean Condition. The two remaining accounts—commitment semantics and the expression account—satisfy all three conditions. A recent argument that the dominant commitment account is the only option available to expressivists is considered and rejected. (shrink)

The largest work ever published in the social and behavioural sciences. It contains 4000 signed articles, 15 million words of text, 90,000 bibliographic references and 150 biographical entries.

I argue that evolutionary debunking arguments are dialectically ineffective against a range of plausible positions regarding moral truth. I first distinguish debunking arguments which target the truth of moral judgements from those which target their justification. I take the latter to rest on the premise that such judgements can be given evolutionary explanations which do not invoke their truth. The challenge for the debunker is to bridge the gap between this premise and the conclusion that moral judgements are unjustified. After (...) briefly discussing older attempts to bridge this gap, I focus on Joyce’s recent attempt, which rests on the claim that ‘we do not have a believable account of how moral facts could explain the mechanisms and forces which give rise to moral judgements’. I argue that whether or not there is such an account depends on what it is permissible to assume about moral truth in this context. Further, I suggest that it is reasonable to make assumptions about moral truth which allow for the possibility of at least partial moral epistemologies. The residual challenge for the debunker is to show that these assumptions are unreasonable in a way which doesn’t render their debunking argument superfluous. (shrink)

Recent discoveries in physics, cosmology and biochemistry have captured the public imagination and made the Design Argument - the theory that God created the world according to a specific plan - the object of renewed scientific and philosophical interest. This accessible but serious introduction to the design problem brings together new perspectives from prominent scientists and philosophers including Paul Davies, Richard Swinburne, Sir Martin Rees, Michael Behe, Elliot Sober and Peter van Inwagen.

This paper presents two cases demonstrating that theories allowing the environment to partially determine the content of moral concepts provide incorrect truth-conditions for moral terms. While typical Moral Twin Earth cases seek to establish that these theories fail to account formoral disagreement, neither case here essentially involves interpersonal disagreement. Both involve a single person retaining moral beliefs despite recognizing actual or potential mismatches with the purportedly content-determining facts. This lets opponents of such theories grant objections that standard Moral Twin Earth (...) cases fail to demonstrate disagreement, and argue more straightforwardly that they generate implausible truth-conditions for moral claims. (shrink)

It is widely held that some kinds of deception into sex (e.g., lying about what pets one likes) do not undermine the moral force of consent while other kinds of deception do (e.g., impersonating the consenter’s partner). Tom Dougherty argues against this: whenever someone is deceived into sex by the concealment of a “deal breaker” fact, the normative situation is the same as there being no consent at all. Here it is argued that this conclusion is unwarranted. Dougherty’s negative arguments (...) against alternative theories of the deceptive undermining of consent are flawed, and his two positive arguments are unjustified. (shrink)

Christine Korsgaard argues that Humean views of both action and rationality jointly imply the impossibility of irrational action, allowing us only to perform actions that we deem rational. Humeans can answer Korsgaard’s objection if their views of action and rationality measure agents’ actual desires differently. What determines what the agent does are the motivational forces that desires produce in the agent at the moment when she decides to act, as these cause action. What determines what it is rational to do (...) should be the agent’s dispositional desire strengths, as our normative intuitions respond to these. (shrink)

Nietzsche takes moral judgments to be false beliefs, and encourages us to pursue subjective nonmoral value arising from our passions. His view that strong and unified passions make one virtuous is mathematically derivable from this subjectivism and a conceptual analysis of virtue, explaining his evaluations of character and the nature of the Overman.

We explore how one might respond emotionally to the eternal recurrence. Zarathustra himself serves as our central case study. First we clarify the idea of eternal recurrence and its role in Nietzsche’s philosophy, explaining why the eternal recurrence has the emotional consequences Nietzsche describes when he first introduces the idea in The Gay Science. Then we describe Zarathustra’s emotional journey from horror at the eternal recurrence to loving it, in the sections from “On Great Events” to “The Seven Seals, or: (...) The Yes and Amen Song.”. (shrink)

I argue that Frank Jackson's knowledge argument cannot succeed in showing that qualia are epiphenomenal. The reason for this is that there is, given the structure of the argument, an irreconcilable tension between his support for the claim that qualia are non-physical and his conclusion that they are epiphenomenal. The source of the tension is that his argument for the non-physical character of qualia is plausible only on the assumption that they have causal efficacy, while his argument for the epiphenomenal (...) character of qualia is plausible only on the assumption that they are non-physical. Since these two arguments cannot be combined coherently, the most Jackson's argument can establish is that qualia are non-physical. (shrink)

This essay explains why partisanship is justified in contemporary America and environments with similar voting systems and coalition structures. It explains how political parties operate, how helping a party succeed can be a goal of genuine ethical significance, and how trusting one party while mistrusting another can be a reliable route to true belief about important political issues.

The historiography of the ‘dark age’ of biochemistry between 1910–1930 is examined. The biochemistry of the period is located within a larger contemporary debate on the interrelationship between structure and function on a submicroscopic level. It is suggested that biocolloid science was an understandable part of the historical development of biochemistry, representing a conceptual bridge between the cell biology of the late nineteenth century, and the era of structural macromolecular studies of proteins that began after 1930.

I argue that the explanatory gap is generated by factors consistent with the view that qualia are physical properties. I begin by considering the most plausible current approach to this issue based on recent work by Valerie Hardcastle and Clyde Hardin. Although their account of the source of the explanatory gap and our potential to close it is attractive, I argue that it is too speculative and philosophically problematic. I then argue that the explanatory gap should not concern physicalists because (...) it makes excessive demands on physical theory. (shrink)

I propose a new form of epiphenomenalism, 'explanatory epiphenomenalism', the view that the identification of A's mental properties does not provide a causal explanation of A's behaviour. I arrive at this view by showing that although anomalous monism does not entail type epiphenomenalism (despite what many of Davidson's critics have suggested), it does (when coupled with some additional claims) lead to the conclusion that the identification of A's reasons does not causally explain A's behaviour. I then formalize this view and (...) show that it is an attractive position, because it captures the insights of existing forms of epiphenomenalism without their onerous metaphysical commitments. (shrink)

En utilisant le cadre théorique développé par Jaegwon Kim, soit l’opposition entre le réalisme explicatif et l’irréalisme explicatif, ainsi que quelques observations sur la métaphysique et l’épistémologie de l’explication, je réexamine le désaccord opposant Robert Kane à Richard Double au sujet du principe de l’explication rationnelle. Je défends la position de Kane sur la double rationalité et je soutiens que le principe proposé par Double possède un champ d’application plus limité qu’il le prétend. Je montre aussi que, contrairement à ce (...) que suppose Double, la façon dont Kane entend expliquer l’action ne se transforme pas en une forme d’irréalisme explicatif. (shrink)