This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.Explores enduring questionsFocusing ...

First Published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

Legal analysis is dominated by legal arguments, and the assessment of any legal claim requires the assessment of the strengths and weaknesses of those arguments. The ‘logocratic’ method is a systematic method for assessing the strengths and weaknesses of arguments. More specifically, it is a method designed to help the analyst determine what degree of warrant the premises of an argument provide for its conclusion. Although the method is applicable to any type of argument, this essay focuses on the logocratic (...) framework for assessing the strengths and weaknesses of evidentiary legal arguments, arguments offered in litigation in which evidentiary propositions are proffered to support hypotheses. The focus is on American law, but the logocratic analysis offered here could be adjusted without much trouble to handle arguments about evidence in other systems of litigation. In any legal system that aspires to have a fact-finding process that is sufficiently reliable to meet the requirements of justice, we might fashion an analogue for the Socratic maxim ‘the unexamined life is not worth living’: the unexamined evidentiary argument is not worth believing. The logocratic method seeks to help the evidence analyst pursue that Socratic mission, tailored to the rules and institutions of evidence law. (shrink)

At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the (...) political and moral importance in justifying the exercise of judicial power. (shrink)

This volume traces the modern critical and performance history of this play, one of Shakespeare's most-loved and most-performed comedies. The essay focus on such modern concerns as feminism, deconstruction, textual theory, and queer theory.

Illuminates legal reasoning -- and its justification At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. (...) This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power. Explores enduring questions Focusing on work over the past century, the essays address important recurring questions, such as: When a judge or a lawyer reasons to a conclusion about what is legally required in a given case, must he also ask what is morally required? To what extent do a judge's personal, political, or moral biases affect his legal reasoning? What is the impact of such biases? Can all such biases be avoided? Is legal reasoning similar to reasoning in mathematics, logic, and linguistics, the physical sciences, the social sciences, or literature and history? Do formal logical modes of argument play any roles in legal reasoning? Solid coverage, well organized The articles were chosen to present some of the most influential works on the topic, as well as less familiar works that are thought provoking and informative. Each volume also offers a representative range of theoretical approaches to its topic, contains an introduction that locates the subject within the larger framework oftheories of legal reasoning and jurisprudence, and includes bibliographical notes on further readings. Many 19th century legal theorists argued that deduction is the central mode of legal reasoning, and that legal argument is like a deductive proof in mathematics or logic. They were attracted to this "deductivist" concept because it suggested that legal reasoning could be politically and morally neutral. This volume brings together some of the most thought-provoking articles on both sides of the debate. It also contains several leading articles that explain the role of probabilistic judgments and presumptions in various types of legal arguments, including the laws of evidence and criminal procedure. The collection is a solid introduction to the basic modes of logical argument in legal reasoning. (shrink)

The articles in this volume consider at what stage of legal reasoning should a judge or lawyer make specifically moral judgments.

This thesis addresses two enduring issues in legal theory-- rationality and its association with rule of law values--by offering detailed models of two patterns of legal reasoning. One is reasoning by analogy. The other is the inference process that legal reasoners use when they defer epistemically to scientific experts in the course of reaching legal decisions. Discussions in both chapters reveal that the inference pattern known as "abduction" is a deeply important element of many legal inferences, including analogy and epistemic (...) deference to experts--something that has been largely unrecognized in legal theory. After presenting a detailed model of analogy, Chapter 1 argues that legal reasoning by analogy, like analogical argument in logic, mathematics, and the natural sciences, possesses a great deal of rational force when properly executed. Chapter 2 investigates the reasoning process by which non-expert legal reasoners defer epistemically to the judgments of scientists. It presents five main conclusions or explanations. Every practical syllogism actually consists of two distinct chains of inference, and what is usually considered in writings on practical reasoning to be the minor premise of a practical syllogism is actually the conclusion of a separate chain of argument. When a practical reasoner defers epistemically to a theoretical expert, this separate chain of argument has a special structure, which is modeled in Chapter 2. The non-expert legal reasoner must always make a prescriptive practical judgment about the standard of epistemic appraisal and level of epistemic confidence that the reasoner requires of scientific evidence before it may be relied upon in reaching a legal decision. Legal systems should be committed to an emergent rule of law ideal identified and referred to as "intellectual due process" which condemns epistemically arbitrary reasoning processes insofar as they play a role in legal decisionmaking. Since non-arbitrariness is a necessary condition of both epistemic and legal legitimacy, we have compelling reason to doubt that the non-arbitrariness condition can be met when non-experts defer epistemically to scientific experts. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

The Logocratic Method, and the Logocratic theory that underwrites it, provide a philosophical explanation of three purposes or goals that arguers have for their arguments: to make arguments that are internally strong, or that are dialectically strong, or that are rhetorically strong. This article presents the basic terms and methods of Logocratic analysis and then uses a case study to illustrate the Logocratic explanation of arguments. Highlights of this explanation are: the use of a virtue framework to explicate the three (...) strengths and weaknesses of arguments that are of greatest interest to arguers in many contexts, the Logocratic explication of the structure of abduction generally and of legal abduction specifically, the concept of a system of arguments, and the concept of the dynamic interactive virtue of arguments—a property of systems of arguments in which the system of arguments as a whole is as virtuous as are the component arguments that comprise the system. This is especially important since, according to Logocratic theory, some arguments, such as abduction and analogical argument, are themselves comprised of different logical forms. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning and particularly so within Common Law. These studies are often motivated by research in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently, Rahman et al. developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter the (...) authors suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary Common Law. In the present paper we will further motivate the deployment of the dialogical framework developed in Rahman et al. within Civil and Common Law. After a presentation of Scott Brewer’s take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis, we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based on Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case in Common Law. Moreover, quite surprisingly, the case under study suggests that even cases of Law interpretation fit the argumentation pattern of qiyās al-‘illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

Particular reasoning is arguably the most common type of legal reasoning. Neil MacCormick proposed that, in a legal context, justifiable particular reasoning has to be universalizable. This paper aims to: investigate MacCormick’s thesis; explain how a particular can ever be universal by drawing inspiration from Scott Brewer’s formula on reasoning by analogy; further comprehend MacCormick’s thesis by considering some of the arguments advanced by its opponents; use the ‘pilot-judgement procedure’ developed by the European Court of Human Rights as (...) an example to illustrate the relevance of the universalizable particular thesis in today’s legal practices. (shrink)

Nowadays, there is a quite considerable amount of literature on the use of analogy or more generally of inferences by parallel reasoning in contemporary legal reasoning, and particularly so within Common Law. These studies are often motivated by researches in artificial intelligence seeking to develop suitable software-support for legal reasoning. Recently; Rahman/Iqbal/Soufi (2020) developed a dialogical approach in the framework of Constructive Type Theory to what in Islamic Jurisprudence was called qiyās or correlational inferences. In their last chapter the authors (...) suggested that such an approach contributes to the study of patterns of reasoning by precedent cases within contemporary common Law. In the present paper we will further motivate the deployment within Civil and Common Law of the dialogical framework developed in Rahman/Iqbal/Soufi (2020). After a presentation of Scott Brewer's take on analogy within Common Law, that has striking structural similarities to reasoning by precedent case rooted in ratio legis (known in Islamic Jurisprudence as qiyās al-'illa or correlational inference by the occasioning factor), we will illustrate the implementation of the framework with a brief discussion of some cases of legal reasoning based in Spanish Civil Law but where the accent is put in the emerging ruling rather than in the existing of a case as in Common Law. Moreover; quite surprisingly, the case under study suggests that even cases of Law-interpretation fit the argumentation pattern of qiyās al-'illa. A caveat: in the present paper we will focus mainly in discussing the dynamics of the meaning constitution involved rather than in setting the rules of the underlying dialogical framework, the latter is the subject of a follow-up paper. (shrink)

_Matters of Mind_ examines the mind-body problem. It offers a chapter by chapter analysis of debates surrounding the problem, including visual experience, consciousness and the problem of Zombies and Ghosts. It will prove invaluable for those interested in epistemology, philosophy of mind and cognitive science.

Academic dishonesty is a persistent problem in the American educational system. The present investigation examined how reports of academic cheating related to students' emphasis on their moral identities and their sensitivity to social evaluation. Seventy college students at a large southeastern university completed a battery of surveys. Symptoms of social anxiety were positively correlated with recall of academic cheating. Additionally, relative to students who placed less importance on their moral identities, students who placed more importance on their moral identities recalled (...) significantly fewer instances of cheating. In summary, these findings suggest that students are less likely to cheat on their school work when they place greater emphasis on their moral identity and are less sensitive to social evaluation. Practical interventions to rampant cheating in American schools are discussed. (shrink)

History of science and philosophy of science have experienced a somewhat turbulent relationship over the last century. At times it has been said that philosophy needs history, or that history needs philosophy. Very occasionally, something entirely new is said to need them both. Often, however, their relationship is seen as little more than a marriage of convenience. This article explores that marriage by analyzing the citations of over 7,000 historians, philosophers, and sociologists of science. The data reveal that a small (...) but tightly-knit bridge does exist between the disciplines, and raises suggestions about how to understand that bridge in a more nuanced fashion. (shrink)

A widely accepted view in the philosophy of humour is that immoral jokes, like racist, sexist or homophobic jokes, can nevertheless be funny. What remains controversial is whether the moral flaws in these jokes can sometimes increase their humour. Moderate comic immoralism claims that it is possible, in at least some cases, for moral flaws to increase the humour of jokes. Critics of moderate comic immoralism deny that this ever occurs. They recognise that some jokes are both funny and immoral, (...) yet they claim that it is always something other than the moral flaws of jokes that contribute to their humour. In a series of recent papers, Aaron Smuts has pressed this objection to moderate comic immoralism. I argue that Smuts' attempt to narrow the range of cases in which humour can be attributed to immoral features is not sufficient to demonstrate that moderate comic immoralism is false. Specifically, I claim that Smuts cannot rule out a case for moderate comic immoralism grounded in the possibility that humour is normatively relative while the ethical status of jokes is not. (shrink)

I develop a Latin Social model of the Trinity that is an extension of my previous article on indexicals and the Trinity. I focus on the theological desideratum of the necessity of the divine persons’ unity of action. After giving my account of this, I compare it with Swinburne’s and Hasker’s social models and Leftow’s non-social model. I argue that their accounts of the divine persons’ unity of action are theologically unsatisfactory and that this unsatisfactoriness derives from a modern conception (...) of personhood according to which distinct and incommunicable intellectual acts and volitional acts are necessary conditions for one’s being a person. I argue that the Latin Social model is preferable to the modern-personhood models because it is simpler in explanatory economy with regard to securing the necessity of the divine persons’ unity of action. (shrink)

This article presents the results of an experiment which investigated elementary school children's explanations of the day/night cycle. First, third, and fifth grade children were asked to explain certain phenomena, such as the disappearance of the sun during the night, the disappearance of stars during the day, the apparent movement of the moon, and the alteration of day and night. The results showed that the majority of the children in our sample used in a consistent fashion a small number of (...) relatively well‐defined mental models of the earth, the sun, and the moon to explain the day/night cycle. These mental models of the day/night cycle were empirically accurate, logically consistent and revealed some sensitivity on the part of the children to issues of simplicity of explanation. The younger children formed Initial mental models which provided explanations of the day/night cycle based on everyday experience (e.g., the sun goes down behind mountains, clouds cover up the sun). The older children constructed synthetic mental models (e.g., the sun and the moon revolve around the stationary earth every 24 hours; the earth rotates in an up/down direction and the sun and moon are fixed on opposite sides) which represented attempts to synthesize the culturally accepted view with aspects of their Initial models. A few of the older children appeared to have constructed a mental model of the day/night cycle similar to the scientific one. A theoretical framework is outlined which explains the formation of initial, synthetic, and scientific models of the day/night cycle in terms of the reinterpretation of a hierarchy of constraints, some of which are present early in the child's life, and others which emerge later out of the structure of the acquired knowledge. (shrink)

Some philosophers defend the view that epistemic agents believe by lending credence. Others defend the view that such agents lend credence by believing. It can strongly appear that the disagreement between them is notational, that nothing of substance turns on whether we are agents of one sort or the other. But that is demonstrably not so. Only one of these types of epistemic agent, at most, could manifest a human-like configuration of attitudes; and it turns out that not both types (...) of agent are possible. (shrink)

Introduction: -/- It is likely that Boethius (480-524ce) inaugurates, in Latin Christian theology, the consideration of personhood as such. In the Treatise Against Eutyches and Nestorius Boethius gives a well-known definition of personhood according to genus and difference(s): a person is an individual substance of a rational nature. Personhood is predicated only of individual rational substances. This chapter situates Boethius in relation to significant Christian theologians before and after him, and the way in which his definition of personhood is a (...) particular answer to the question, “Jesus has two natures, a divine nature and a human nature, but is one what?” Among Greek (and Syriac) speaking theologians, the typical answer is that Jesus is one ‘hypostasis’. Among Latin speaking theologians, the typical answer is that Jesus is one ‘persona’. It is Boethius’s definition of ‘persona’ that inaugurates personhood as such in Latin speaking theology. Although the Greek and Syriac theologians that I survey come close to a concept of personhood as a distinct category, they do not have such a concept and did not need it for their theological purposes. I show that Rusticus the Deacon is an early witness to this Latin theological invention, and also show that for later Latin theologians, the rationality condition for personhood does very little metaphysical work for their Trinitarian theology or Christology. -/- Further, this chapter surveys Patristic and Medieval Christian theologians’ answers to the question, “God the Father, God the Son, and God the Holy Spirit are one God, but each is one what?” The same replies as above are typically given by Christian theologians. These two theological questions frame the discussion about personhood (and ‘hypostasis’) and put a boundary around what a satisfying account of personhood (and ‘hypostasis’) would be. -/- In contemporary philosophy, there is a lot of attention paid to the rationality condition for personhood. But if we look at the text in which Boethius defines a person, we do not find any precise criteria for it. In other texts, he says that a rational being is one compatible with (capable of) thought and free choice of the will. What we find is that detailed discussion of personhood shows up in theological questions about the Trinity and Incarnation, but not in e.g., applied ethics. The intrusion of personhood into contemporary applied ethics with a focus on detailed and disputed criteria for rationality as a condition for personhood seems to be a modern development. From a Patristic and Medieval Christian theology point of view, trying to find just the right detailed criteria for rationality in order to define personhood is a wild goose chase. This chapter makes clear another contribution that Christian theology had for personhood. Given the theological issues at play in developing a notion of personhood, Christian theologians came to posit that e.g., an individual human is a person contingently (i.e. not essentially), but God the Father, God the Son, and God the Holy Spirit are each a person essentially. The contingency for created persons is not based on whether e.g., an individual human has conscious acts (as might be the case for John Locke) but on the possibility of a divine person’s assuming e.g., an individual human nature. -/- This sampling of Christian intellectual history spans over one thousand years. I make no claim of being exhaustive. The chapter consists of six sections, where each section covers significant historical conversation partners who together represent the sorts of things that Patristic and Medieval Christian theologians where concerned with in theorizing about ‘persona’ or ‘hypostasis’. -/- 1. Origen of Alexandria and the Cappadocians: Basil of Caesarea and Gregory of Nyssa 2. Miaphysites: Severus of Antioch, John Philoponus, and Peter of Callinicum 3. Boethius and Rusticus the Deacon: Rationality, Subsistence, and the Invention of Personhood 4. Neo-Chalcedonians (II): Leontius of Byzantium 5. Scholastic Neo-Chalcedonians (I): Gilbert of Poitiers, Richard of St. Victor, William of Auxerre, Alexander of Hales, Bonaventure, Thomas Aquinas, and William of Ware 6. Scholastic Neo-Chalcedonians (II): Henry of Ghent, John Duns Scotus, and William of Ockham . (shrink)

Kin selection, reciprocity and group selection are widely regarded as evolutionary mechanisms capable of sustaining altruism among humans andother cooperative species. Our research indicates, however, that these mechanisms are only particular examples of a broader set of evolutionary possibilities.In this paper we present the results of a series of simple replicator simulations, run on variations of the 2–player prisoner's dilemma, designed to illustrate the wide range of scenarios under which altruism proves to be robust under evolutionary pressures. The set of (...) mechanisms we explore is divided into four categories :correlation, group selection, imitation, and punishment. We argue that correlation is the core phenomenon at work in all four categories. (shrink)

This article argues against two theories that obscure our understanding of emotions whose objects are other emotions. The tripartite model of emotional intentionality holds that an emotion's relation to its object is necessarily mediated by an additional representational state; I argue that metaemotions are an exception to this claim. The hierarchical model positions metaemotions as stable, epistemically privileged higher-order appraisals of lower-level emotions; I argue that this clashes with various features of complex metaemotional experiences. The article therefore serves dual purposes, (...) offering metaemotions as a counterexample to an intuitive thesis about emotional intentionality, and examining their intentional structure in its own right. (shrink)

In this paper I present a new objection to the Aristotelian Naturalism defended by Philippa Foot. I describe this objection as a membership objection because it reveals the fact that AN invites counterexamples when pressed to identify the individuals bound by its normative claims. I present three examples of agents for whom the norms generated by AN are not obviously authoritative: mutants, aliens, and the Great Red Dragon. Those who continue to advocate for Foot's view can give compelling replies to (...) the first two of these examples, but their replies drive the view into an unwelcome result when it faces the last example. I conclude that the concept of being human, on which AN crucially depends, is not as straightforward as Foot's advocates presume. (shrink)

Global poverty measurement is important. It is used to allocate scarce resources, evaluate progress, and assess existing projects, policies, and institutional designs. But given the diversity of ways in which poverty is conceived, how can we settle on a conception and measure that can be used for interpersonal and inter-temporal global comparison? -/- This book lays out the key contemporary debates in poverty measurement, and provides a new analytical framework for thinking about poverty conception and measurement. Rather than trying to (...) find some essential meaning of poverty, the author recommends explicitly reflecting on the purposes served by the concept and the values that do and should inform our conceptions and measures. -/- After reviewing the strengths and weaknesses of five competing conceptions of poverty and their corresponding measures, the book concludes with specific recommendations for the future. Poverty measurement should be developed through a process of public reason that gives weight to the voices of those individuals who are most marginalized and deprived. The author suggests new values, desiderata, and candidate indicators that should be used in a pro-poor poverty measure. (shrink)

While Immanuel Kant is an epochal figure in a variety of fields, he has not figured prominently in the study of rhetoric and communication. This book represents the most detailed examination available into Kant's uneasy but often misunderstood relationship with rhetoric. By explicating Kant's complex understanding of rhetoric, this book advances the thesis that communicative practices play an important role in Kant's account of how we become better humans and how we create morally cultivating communities.

Research indicates that the well‐being and productivity of over 100 million people in the global workforce may be compromised by posttraumatic stress (PTS). Given that work‐related experiences are often the source of the trauma that leads to PTS, and that PTS due to any cause can interfere with employees’ job performance, organizations would do well to consider the antecedents and consequences of PTS. This review of research—primarily within fields adjacent to business—on the types, antecedents, consequences, and organizational implications of PTS (...) is presented to advance inquiry within the field of business. The definition of PTS requires attention to the new classification of complex posttraumatic stress disorder that can result from threats that are not life‐threatening such as bullying and sexual harassment. PTS antecedents include organizational and extraorganizational traumas, and risk and resilience factors. Absenteeism, impaired cognitive functioning, strained relationships, and growth are among the consequences of PTS. Organizations can assist through disaster planning, empathetic leaders, mental health literacy initiatives, and employee assistance programs. Many research questions arise that, when answered, will allow organizations to better understand how they can improve employee productivity and well‐being by attending to PTS. (shrink)

In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in cursed resources by prohibiting the importation (...) of cursed resources, litigating against companies that operate in resource-cursed countries, and imposing trade tariffs on third party countries’ exports if they trade in cursed resources. In this paper, I show that while Wenar is correct that the trade in cursed resources is morally objectionable and therefore creates additional moral obligations for participants in that trade, his normative assessment fails to take account of the complexity of the resource curse and his prescriptive proposal for clean trade will not reduce harm in resource-cursed countries. I suggest that the reduction of harm, rather than the enforcement of property rights, should be the normative and practical focus in evaluating and reforming trade in natural resources. (shrink)

It is argued that those who accept the psychological criterion of personal identity, such as Parfit and Shoemaker, should accept what I call the 'series' view of a person, according to which a person is a unified aggregate of mental events and states. As well as defending this view against objections, I argue that it allows the psychological theorist to avoid the two lives objection which the 'animalist' theorists have raised against it, an objection which causes great difficulties for the (...) conception of a person that most psychological theorists favour, the constitution view. It is also argued that the series view allows that people can body swap and teleport, which the constitution view—which takes a person to be a physical object (but a distinct physical object from the human being)—has great trouble with. (shrink)

In the light of recent writings of Richard Pring, and in relation to the application of empirical research methods in education, this paper offers a corrective to a neo-realist viewpoint and develops a critical realist perspective. The argument is made that the deployment of empirical research methods needs to be underpinned by a meta-theory embracing epistemological and ontological elements; that this meta-theory does not commit one to the view that absolute knowledge of the social world is possible; and that critical (...) realism is the most appropriate meta-theory to underpin the use of empirical research methods. Further to this, unhelpful dualisms between quantitative and qualitative methodologies, and between structure and agency, are discussed in relation to neo-realist and critical realist perspectives. (shrink)

It is argued that those who accept the psychological criterion of personal identity, such as Parfit and Shoemaker, should accept what I call the ‘series’ view of a person, according to which a person is a unified aggregate of mental events and states. As well as defending this view against objections, I argue that it allows the psychological theorist to avoid the two lives objection which the ‘animalist’ theorists have raised against it, an objection which causes great difficulties for the (...) conception of a person that most psychological theorists favour, the constitution view. It is also argued that the series view allows that people can body swap and teleport, which the constitution view–which takes a person to be a physical object (but a distinct physical object from the human being)–has great trouble with. (shrink)

In “Property Rights and the Resource Curse” Leif Wenar argues that the purchase and sale of resources from certain countries constitutes a violation of property rights, and the priority in reforming global trade should be on protecting these property rights. Specifically, Wenar argues that the U.S. and other western liberal democracies should not be complicit in the trade of so-called cursed resources, and the extant legal system can be used to end the trade in cursed resources by prohibiting the importation (...) of cursed resources, litigating against companies that operate in resource-cursed countries, and imposing trade tariffs on third party countries’ exports if they trade in cursed resources. In this paper, I show that while Wenar is correct that the trade in cursed resources is morally objectionable and therefore creates additional moral obligations for participants in that trade, his normative assessment fails to take account of the complexity of the resource curse and his prescriptive proposal for clean trade will not reduce harm in resource-cursed countries. I suggest that the reduction of harm, rather than the enforcement of property rights, should be the normative and practical focus in evaluating and reforming trade in natural resources. (shrink)

In “Unity of Action in a Latin Social Model of the Trinity,” I objected to William Hasker’s Social Model of the Trinity (among others) on the grounds that it does not secure the necessary agreement between the divine persons. Further, I developed a Latin Social model of the Trinity. Hasker has responded by defending his Social Model and by raising seven objections against my Latin Social Model. Here I raise a new objection against Hasker on the grounds that it is (...) inconsistent with Conciliar Trinitarianism, and I respond to the seven objections and in so doing further develop the Latin Social Model. (shrink)

In the light of recent writings of Richard Pring, and in relation to the application of empirical research methods in education, this paper offers a corrective to a neo-realist viewpoint and develops a critical realist perspective. The argument is made that the deployment of empirical research methods needs to be underpinned by a meta-theory embracing epistemological and ontological elements; that this meta-theory does not commit one to the view that absolute knowledge of the social world is possible; and that critical (...) realism is the most appropriate meta-theory to underpin the use of empirical research methods. Further to this, unhelpful dualisms between quantitative and qualitative methodologies, and between structure and agency, are discussed in relation to neo-realist and critical realist perspectives. (shrink)