Despite the worldwide prestige of America's doctoral programs in the humanities, all is not well in this area of higher education and hasn't been for some time. The content of graduate programs has undergone major changes, while high rates of student attrition, long times to degree, and financial burdens prevail. In response, the Andrew W. Mellon Foundation in 1991 launched the Graduate Education Initiative, the largest effort ever undertaken to improve doctoral programs in the humanities and related social sciences. The (...) only book to focus exclusively on the current state of doctoral education in the humanities, Educating Scholars reports on the GEI's success in reducing attrition and times to degree, the positive changes implemented by specific graduate programs, and the many challenges still to be addressed.Over a ten-year period, the Foundation devoted almost eighty-five million dollars through the GEI to provide support for doctoral programs and student aid in fifty-four departments at ten leading universities. The authors examine data that tracked the students in these departments and in control departments, as well as information gathered from a retrospective survey of students. They reveal that completion and attrition rates depend upon financial support, the quality of advising, clarity of program requirements, and each department's expectations regarding the dissertation. The authors consider who earns doctoral degrees, what affects students' chances of finishing their programs, and how successful they are at finding academic jobs.Answering some of the most important questions being raised about American doctoral programs today, Educating Scholars will interest all those concerned about our nation's intellectual future. (shrink)

In ‘(Really) Defending Exclusionary Reasons’, Monti seeks to defend Raz’ notion of exclusionary reasons from the attack made by Daniel Whiting. Monti agrees with Whiting that exclusionary reasons cannot motivate and so suggests that they operate by guiding rather than motivating. However, Monti’s account of guiding omits the key feature that they can guide even when one’s action is the opposite to what the exclusionary reason seems to recommend. An amended account of what it is to be guided by exclusionary (...) reasons is needed to give the Razian account the explanatory power it is due. (shrink)

1. T. Der hellenische Staat.--2. T. Der hellenistische Staat.

We live in strange, frustrating and paradoxical times. Like other trends on the left, Marxism is immobilised by theoretical confusion and practical ineffectiveness just when a relentless state-led war against the working class is nearing the end of its second decade, the greatest transfer of wealth from the poor to the rich in human history has reasserted the centrality of class with a vengeance, the international capitalist financial system teeters on the edge of collapse, whole countries are bankrupt, and hundreds (...) of millions of people are undergoing absolute immiseration and devastating attacks on their standard of living. The gap between what the objective situation demands and what the Left has to offer is so profound that public affairs has become little more than a debate between a powerful right and an eviscerated ‘centre’ – all this at a time of unprecedented crisis and opportunity. Indeed, we do not even seem to know what to talk about. Reminders of how theoretical blind alleys and historic openings have often gone hand in hand may help us orient ourselves to broad trends, but they only underline how essential it is that we begin addressing the profoundly important questions of contemporary life. Until we do, we should not be surprised that people put their trust in angels, consult soothsayers, and are not interested in what we have to say. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

A complete translation of Aristotle's classic that is both faithful and readable, along with an introduction that provides the modern reader with a means of understanding this seminal work and its impact on our culture. In this volume, Joe Sachs (translator of Aristotle's _Physics, Metaphysics,_ and the _Nicomachean Ethics _)also supplements his excellent translation with well-chosen notes and glossary of important terms. Focus Philosophical Library translations are close to and are non-interpretative of the original text, with the notes and a (...) glossary intending to provide the reader with some sense of the terms and the concepts as they were understood by Aristotle’s immediate audience. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

Explores the nature and types of mystical experience and discusses the value of mysticism for humanity.

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...) rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

W. V. Quine is one of the most eminent philosophers alive today. Now in his mid-eighties he has produced a sharp, sprightly book that encapsulates the whole of his philosophical enterprise, including his thinking on all the key components of his epistemological stance--especially the value of logic and mathematics. New readers of Quine may have to go slowly, fathoming for themselves the richness that past readers already know lies between these elegant lines. For the faithful there is much to ponder. (...) In this short book, based on lectures delivered in Spain in 1990, Quine begins by locating his work historically. He provides a lightning tour of the history of philosophy (particularly the history of epistemology), beginning with Plato and culminating in an appreciative sketch of Carnap's philosophical ambitions and achievements. This leads, in the second chapter, to an introduction to Quine's attempt to naturalize epistemology, which emphasizes his continuities with Carnap rather than the differences between them. The next chapters develop the naturalistic story of the development of science to take account of how our conceptual apparatus is enhanced so that we can view the world as containing re-identifiable objects. Having explained the role of observation sentences in providing a checkpoint for assessing scientific theories, and having despaired of constructing an empirical criterion to determine which sentences are meaningful, Quine in the remaining chapters takes up a variety of important issues about knowledge. He concludes with an extended treatment of his views about reference and meaning and his attitudes toward psychological and modal notions. The presentation is distinctive, and the many small refinements of detail and formulation will fascinate all who know Quine's philosophy. (shrink)

Abstract: We sometimes say our moral claims are "objectively true," or are "right, even if nobody believes it." These additional claims are often taken to be staking out metaethical positions, representative of a certain kind of theorizing about morality that "steps outside" the practice in order to comment on its status. Ronald Dworkin has argued that skepticism about these claims so understood is not tenable because it is impossible to step outside such practices. I show that externally skeptical metaethical theory (...) can withstand his attacks, thereby defending the possibility of this kind of metatheoretical method and showing that the additional objectivity claims still make sense as external claims. Four interpretations of the additional objectivity claims can still be understood externally: as secondary properties, as arguing for some form of causal correspondence, as explaining error, and under Blackburn's expressivism. In the end, Dworkin's argument can be turned against itself. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is (...) no tension in seeing law as both a practice and a genre of artifact. (shrink)

This paper discusses possible correspondences between neuroscientific findings and phenomenologically informed methodologies in the investigation of kinesthetic empathy in watching dance. Interest in phenomenology has recently increased in cognitive science (Gallagher and Zahavi 2008 ) and dance scholars have recently contributed important new insights into the use of phenomenology in dance studies (e.g. Legrand and Ravn (Phenomenology and the Cognitive Sciences 8(3):389–408, 2009 ); Parviainen (Dance Research Journal 34(1):11–26, 2002 ); Rothfield (Topoi 24:43–53, 2005 )). In vision research, coherent neural (...) mechanisms for perceptual phenomena were uncovered, thus supporting correlation of phenomenology and neurophysiology Spillmann (Vision Research 49(12):1507–1521, 2009 ). Correspondingly, correlating subjects’ neurophysiological data with qualitative responses has been proposed as a means to research the human brain in the study of consciousness (Gallagher and Zahavi 2008 ), with similar issues in clinical psychology Mishara (Current Opinion in Psychiatry 20(6):559–569, 2007 ) and biology Kosslyn et al. (American Psychologist 57:341–351, 2002 ). Yet the relationship between neuroscience and qualitative research informed by phenomenology remains problematic. How qualitative research normally handles subjective experiences is difficult to reconcile with standard statistical analysis of objective data. Recent technological developments in cognitive neuroscience have inspired a number of researchers to use more naturalistic stimuli, outside the laboratory environment, such as dance, thereby perhaps helping to open up the cognitive sciences to more phenomenologically informed approaches. A question central to our research, addressed here, is how the phenomenal experiences of a dance audience member, as accessed by qualitative research methods, can be related to underlying neurophysiological events. We outline below some methodological challenges encountered in relating audiences’ first-person accounts of watching live dance performance to neurophysiological evidence of their experiences. (shrink)

A Brief History of Time: From the Big Bang to Black Holes is a popular-science book on cosmology (the study of the origin and evolution of the universe) by British physicist Stephen Hawking. It was first published in 1988. Hawking wrote the book for readers who have no prior knowledge of the universe and people who are interested in learning.

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

This book charts the development and character of the political forms that grew out of the age of Greek immigration into the Aegean, and establishes the forms which in the course of history were decisive. It also examines the impact which the various forms of state exerted on Greek civilization and in so doing strengthens the bridge between political history and the history of civilization. This volume encompasses many disciplines: political, social history, and religious history, law, administration and geography.

_Selections_ seeks to provide an accurate and readable translation that will allow the reader to follow Aristotle's use of crucial technical terms and to grasp the details of his argument. Unlike anthologies that combine translations by many hands, this volume includes a fully integrated set of translations by a two-person team. The glossary--the most detailed in any edition--explains Aristotle's vocabulary and indicates the correspondences between Greek and English words. Brief notes supply alternative translations and elucidate difficult passages.

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.

This paper guides the reader through the use of functions in contemporary legal philosophy: in developing those philosophies and through methodological debates over their proper role. This paper is broken into two sections. In the first I canvass the role of functions in the legal philosophies of several mid to late twentieth century Anglo-American general jurisprudents whose theories are still common topics of discussion: Ronald Dworkin, H.L.A. Hart, Lon L. Fuller, John Finnis, and Joseph Raz. In the second, I examine (...) contemporary arguments over the role of functions in the methodology of legal philosophy. (shrink)

The _Physics_ is a foundational work of western philosophy, and the crucial one for understanding Aristotle's views on matter, form, essence, causation, movement, space, and time. This richly annotated, scrupulously accurate, and consistent translation makes it available to a contemporary English reader as no other does—in part because it fits together seamlessly with other closely associated works in the New Hackett Aristotle series, such as the _Metaphysics_, _De Anima_, and forthcoming _De Caelo_ and _On Coming to Be and Passing Away_. (...) Eventually the series will include all of Aristotle's works. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index of Terms indicates places where focused discussion of key notions occurs. An illuminating general Introduction describes the book that lies ahead, explaining what sort of work it is and what sorts of evidence it relies on. (shrink)

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)

P. KOnig: Einleitung - P. ZIche: Idiographik und allgemeine Wissenschaftlichkeit - Windelband und die Wissenschaftsreflexion um 1900 - G. HArtung: Ein Philosoph korrigiert sich selbst - Wilhelm Windelbands Abkehr vom Relativismus - O. SChlaudt: Philosophie am Leitfaden der Empirie. WIndelbands relativistisches Programm - S. KUft: Windelbands Konzeption von Transzendentalphilosophie und ihr Bezug zur Kulturphilosophie - R. BOnito Oliva: Windelband. KUlturphilosophie und Kulturkrise - P. KOnig: Teleologie und Geschichte bei Wilhelm Windelband - J. BOhr: Im Fortschreiben der Probleme: Windelbands 19. JAhrhundert (...) - T.-H. CHang: Der Wertbegriff beiWilhelm Windelband und sein Konzept der Problemgeschichte - T. KUbalica: Die Geschichte der Philosophie als Problemgeschichte - J. MEhlich: Windelbands Praludien und das Silberne Zeitalter in Russland - G. SChluter: Windelbands italienische Kontakte und Bezugnahmen - D. STefanelli: Notizen uber Karl Vossler und die "Sudwestdeutsche Schule" - C. ZAnfi: Geschichte, Natur und Leben: Windelband und Bergson in der Historismus-Debatte - J.-I. LIndén: Der beseelte Geist: Dilthey als Kritiker der badischen Schule - H. GUndlach: Windelbands Ringen mit der Psychologie - Anhang: Wilhelm Windelband: Blaue Hefte zur Psychologie. (shrink)