A cross-cultural survey experiment revealed a dominant tendency to rely on a rule’s letter over its spirit when deciding which behaviors violate the rule. This tendency varied markedly across (k = 15) countries, owing to variation in the impact of moral appraisals on judgments of rule violation. Compared with laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether and consequently exhibited stronger textualist tendencies. Finally, we evaluated a plausible mechanism for the emergence of textualism: (...) in a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (total n = 5,794) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers, and judges. (shrink)

Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross‐cultural principles of law? In a between‐subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross‐culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)

The equation of the world with 'life' and 'life' with consciousness ramified into the baffling account Wittgenstein gave of the 'philosophical self '. The physical world, as Descartes argued, is made of material substance, and the mental world 'is liable to be imagined as gaseous, or rather, aethereal'. Conceiving of consciousness as a private realm populated by private experiences, one is bound to be puzzled at its evolutionary emergence. Consciousness is attributable to an organism as a whole, not to its (...) parts, no matter how complex. And it is attributable to the organism on the grounds of the behaviour of the organism, its exercise of its perceptual faculties, its susceptibility to sensation, and its voluntary action. A venerable tradition going back at least as far as Descartes conceived of consciousness as the immovable rock against which the waves of scepticism break. (shrink)

P.S. Greenspan uses the treatment of moral dilemmas as the basis for an alternative view of the structure of ethics and its relation to human psychology. In its treatment of the role of emotion in ethics the argument of the book outlines a new way of packing motivational force into moral meaning that allows for a socially based version of moral realism.

Digeser contends that our rich and varied practices of friendship multiply and moderate connections to politics. Along the way, she sets forth a series of ideals that appreciates friendship's many forms and its dynamic relationship to individuality, citizenship, political and legal institutions, and international relations.

This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances."--Provided by publisher.

Lettere filosofiche.--Apologia d'un pazzo.--Scritti vari.--Corrispondenza.--Lettera di Schelling a Čaadàev.

Dit boek is een inleiding in het denken over recht en staat met een zwaar accent op de vraag hoe de staat om moet gaan met religie. 0Paul Cliteur en Afshin Ellian zijn hoogleraar encyclopedie van de rechtswetenschap aan de universiteit van Leiden.

From a purely theoretical perspective, the non-dual teachings of Advaita Vedanta are seen as irreconcilable with the teachings of Theravada Buddhism. However, the teachings of the Masters of the Thai forest tradition, based entirely on their own practice of the Buddha’s path which culminated in their liberation, seem to be quite in consonance with those of the Advaita Vedanta. In this paper, an attempt has also been made to show how some of the so-called ‘enigmatic and obscure’ Suttas of the (...) tipiṭaka also point in the same direction. The points of difference between the two traditions are also brought out. (shrink)

Throughout its long history metaphysics has been variously conceived. At its most sublime, it has been taken to be the study of the super‐sensible, in particular of the existence of a god, the nature of the soul, and the possibility of an afterlife. When the young Ludwig Wittgenstein entered the lists, it was entirely reasonable to conceive of metaphysics in this manner. Its subject matter was held to be the language‐independent and thought‐independent de re necessities of the world. The Tractatus (...) is dominated by three problems: first, the nature of logic and logical necessity; secondly, the essence of the proposition and hence the characterization of the general propositional form; and thirdly, the intentionality of the proposition. Logical propositions are combinations of elementary propositions by means of truth‐functional logical connectives. The metaphysics adumbrated in the Tractatus, Wittgenstein thought, was required for the possibility of representation and for the possibility of logic. (shrink)

How should a liberal state treat its citizens who subscribe to religion and enjoy its component goods? This thesis explores the possibility of reconciling religion and justice. It argues for (1) a proper understanding of religion and the kind of good it constitutes; (2) the possibility of a liberal theory of justice which takes fully into account the claims of believers; and (3) an arrangement of social institutions which protects the engagement of citizens with faith with the goods of religion. (...) There have been several recent liberal approaches to the question which promise to accommodate the claims of believers in societies characterized by pluralism. They aim at the coexistence of citizens with faith with other citizens who are either non-adherents or even opposed to religion. However, so this thesis argues, these approaches are not successful. In particular, they fail to establish more than a mere doctrine of non-discrimination against believers. As a result, these liberal frameworks fail to address the central question of how liberal justice ought to treat religious goods. In reaction, some theorists of religion have claimed that there is a deep incompatibility between liberalism and a proper understanding of what a life devoted to religion is. In contrast, this thesis proposes a novel approach which starts from a unified view of religion, and proceeds to develop a liberal framework to accommodate the claims of believers. It argues that whilst non-discrimination is obviously necessary and fundamental, a more ambitious, proper understanding of religious goods and religious needs can contribute to a more coherent liberal strategy towards citizens with faith. It could also help motivate social policies and institutions to treat believers and non-believers in a just and fair manner. (shrink)

A wide range of expressions are predicable literally or primarily only of human beings and of creatures that behave like them. The English word 'mind' is connected primarily with the intellect and the will. To have a mind to do something is to be inclined or tempted to do it, and to have half a mind to do something is to be sorely tempted, perhaps against one's better judgement. Artificial‐intelligence scientists insist that they are already building machines that can think (...) and see, recognize and identify, make choices and decisions. Chess‐playing machines can 'beat' chess‐masters, and computers can 'calculate' far more efficiently and quickly than mathematicians. Machines, unlike living creatures, do not have a body, although they are bodies. Machines and their parts have purposes and functions: viz. those which they were designed to fulfil. (shrink)

Throughout much of human history most people conceived of death as a transitional event. An alternative, secular, conception of death is as the permanent cessation of all life‐sustaining biological functions. The death of the physical organism is the death of the person or human being. However death be conceived, human beings are the only creatures that are aware of their mortality. The death penalty is often thought to be the most severe punishment of all, far worse than life imprisonment. Attitudes (...) towards death vary according to the acceptance or rejection of belief in an afterlife. Death in old age is generally held to be less deplorable than death in one's prime. Premature death, however, is commonly deemed to be tragic, but not because merely being alive is a good of one kind or another, let alone good in itself. Lucretius exaggerated the symmetry between prenatal and post‐ mortem events. (shrink)

Entertainments and celebrations are meant to give audiences and participants pleasure. Pleasure and enjoyment are an integral part of flourishing human life, and the desire for pleasure and enjoyment is a distinctive aspect of human nature. Psychological hedonism is a descriptive doctrine concerned with giving an account of actual human motivation. Ethical hedonism is a prescriptive doctrine that advances the view that human beings ought to pursue pleasure and avoid pain, that prospective pleasure and pain are severally the only good (...) reasons for action. ‘Pleasure’, ‘enjoyment’, and ‘being pleased’ are three graces that stand at the intersection of psychology, axiology, and practical reasoning. The relation between pleasure and awareness or consciousness of pleasure is subtle and unlike the corresponding relation to having a pain. To live the life of a practical hedonist is to live a life guided by the pursuit of pleasure. (shrink)