An underpinning assumption of modern legal positivism isthat the question of how legal standards differ fromnormative standards in other spheres of human thoughtis resolved via the concept of a legal system and thenotion of internal logic, through use of contextualdefinition. This approach is seen to lead to anuntenable form of structuralism altogether atodds with the positivist's intentions. An alternativestrategy is offered which allows the positivists toretain their deepest insights, though at a price.

Understandings of law and politics are intrinsically bound up with broader visions of the human condition. Sean Coyle argues for a renewed engagement with the juridical and political philosophies of the Western intellectual tradition, and takes up questions pondered by Aristotle, Plato, Augustine, Aquinas and Hobbes in seeking a deeper understanding of law, politics, freedom, justice and order. Criticising modern theories for their failure to engage with fundamental questions, he explores the profound connections between justice and order and (...) raises the neglected question of whether human beings in all their imperfection can ever achieve truly just order in this life. Above all, he confronts the question of whether the open society is the natural home of liberals who have given up faith in human progress, or whether liberal political order is itself the ideal society? (shrink)

The essay considers whether there are necessary truths about rights. The existence of rights is contingent, but our practices involving rights rest upon fundamental conceptual assumptions necessary to their coherence. Hohfeld's analysis is proffered as the embodiment of those assumptions. An examination of the concept of necessity shows how those assumptions can be necessary truths about rights without being logically necessary.

The modern lawyer operates within a conception of law as a body of rules. To confront the law of contract, of torts, or of property, is to familiarize oneself with an intricate set of rules. Such familiarity is not yet legal scholarship, much less legal practice. For in order to use the rules as lawyers use them, the rules must be contemplated and considered, and the relationship between the different rules must be understood. Because the intellectual processes involved in handling (...) the rules exhibit a high degree of sophistication, those intellectual processes may themselves become the subject matter of philosophical argument. Thus we may regard jurisprudential theories as embodying differing understandings of the processes of handling legal rules; and we may conceive of legal theory as the attempt to grasp the moral significance of rules as a foundation for social order. This essay shall offer some thoughts on the relationship between the rule of law, considered as a moral ideal, and the notion of rules as the principal means by which legal order is manifested. (shrink)

In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.

This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result (...) in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library). (shrink)

To modern writers, the distinctive achievement of twentieth-century jurisprudence can be viewed as its emancipation from the narrow confines of English utilitarianism, and the subsequent development of perspectives rooted in the fundamental values of justice and rights. The central jurisprudential task of the new century is thus the exploration of a deeper, more elusive moral standpoint, the most profound intellectual commitments of which are yet to be fully digested and understood. My aim in this essay is to reveal something of (...) the character of those commitments by considering the relationship of our present thinking about law and morality to its historical development. (shrink)

This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of ...

An underpinning assumption of modern legal positivism is that the question of how legal standards differ from normative standards in other spheres of human thought is resolved via the concept of a legal system and the notion of internal logic, through use of contextual definition. This approach is seen to lead to an untenable form of structuralism altogether at odds with the positivist's intentions. An alternative strategy is offered which allows the positivists to retain their deepest insights, though at a (...) price. (shrink)

This article considers the relationship between the philosophies of Thomas Aquinas and Francisco Suarez. It has been said that Suarez made significant departures from the natural law theory of Aquinas, by putting greater emphasis on divine command as the source of natural law precepts, and by replacing Aquinas’s focus on good and bad with a focus on right and wrong. Hence, Suarez appears to replace Aquinas’s eudaimonist account of ethics with one based in deontology. The article argues that the differences (...) separating Aquinas and Suarez are minimal, and that Suarez can be seen as upholding the central tenets of Aquinas’s doctrine of natural law. This has ramifications for our understanding not only of Suarez, but also of Aquinas himself. (shrink)

Both of the books under review offer a challenge to the dominant jurisprudential tradition of legal positivism. Underlying this superficial similarity in aims is a sharp divergence in philosophical outlook. Whereas Dworkin's arguments operate within a body of background assumptions that he shares with his opponents, and which he has done much to shape, Simmonds sees his task as challenging those assumptions. This is particularly evident in the moral philosophies at the heart of each book: Dworkin can be seen as (...) offering a Protestant-voluntarist-atheist philosophy; whereas Simmonds resembles a Catholic-conservative-Aristotelian. (shrink)

If deontic logic is to cast light on any of the normative sciences, such as legal reasoning, then certain problems regarding its logical constants must be faced. Recent studies in the area of deontic logic have tended to assume that it is our responses to the “paradoxes” of deontic implication which are fundamental to resolving problems with the use of deontic logic to investigate various branches of normative reasoning. In this paper I wish to show that the paradoxes are of (...) secondary importance; that they are merely by‐products of the central issue, namely the ability of certain syntactic forms to embody natural language structures used in reasoning about norms. An investigation of modal syntax is proffered as the best starting‐point from which to tackle the questions that still dog the legitimacy of deontic logic. Part I provides some philosophical background to the discussion of deontic logical constants. Part II addresses in greater detail issues concerning the representation of normative concepts; and Part III offers a few remarks on the general issue of deontic logic's fruitfulness as an analytical tool. (shrink)

A recent series of papers, sparked off by a note by Robert Walter (1996), has rekindled the debate over the possibility of creating a logic of normative concepts. The debate correctly centres on ways in which Jørgensen’s dilemma might be resolved (Jørgensen 1937–8), since a means of resolving that dilemma is the only apparently available way in which to establish that a logic of norms is possible. Two separate questions require answers: (i) what is the correct way in which to (...) regard Jørgensen’s dilemma; and (ii) how should one face that dilemma? I shall argue that traditional responses to the first question are inadequate, and I shall then try to expose as flawed two recent attempts to resolve the dilemma. Finally, I shall relate my conclusions in the earlier part of the paper to the wider question of whether a logic of normative concepts is, after all, a possibility. (shrink)

This important and intellectually rich collection is a welcome addition to the literature, both on natural law and human rights. Its opening pages, in a reversal of its title, begin with a series o...

This paper defends the “minimalist” solution to Jørgensen’s dilemma against the objections raised by Coyle (2002). As most of these objections stem from a misconstrual of the account of truth that underlies the minimalist solution, the paper is largely an attempt to provide a clearer statement of the “minimal theory of truth,” a sharper characterization of the features that distinguish it from other deflationary views, and a careful presentation of the minimalist account of the logical role of truth–ascriptions. The (...) rejoinder includes also a brief discussion of what one may reasonably expect from a successful solution of Jørgensen’s dilemma. (shrink)

According to Russellianism (or Millianism), the two sentences ‘Ralph believes George Eliot is a novelist’ and ‘Ralph believes Mary Ann Evans is a novelist’ cannot diverge in truth-value, since they express the same proposition. The problem for the Russellian (or Millian) is that a puzzle of Kaplan’s seems to show that they can diverge in truth-value and that therefore, since the Russellian holds that they express the same proposition, the Russellian view is contradictory. I argue that the standard Russellian appeal (...) to “ways of thinking” or “propositional guises” is not necessary to solve the puzzle. Rather than this retrograde concession to Fregeanism, appeal should be made to second-order belief. The puzzle is solved, and the contradiction avoided, by maintaining that both sentences are indeed true in addition to the sentence ‘Ralph (mistakenly) believes that he does not believe Mary Ann Evans/George Eliot is a novelist’. (shrink)

Philosophical writing on gratitude displays a pronounced preference for targeted gratitude (A’s being grateful to B for x) over propositional gratitude (A’s being grateful that p), treating the latter as a poor, less interesting cousin of the former, when it treats it at all. This paper challenges and attempts to rectify the relegation of propositional gratitude to second-class status. It argues that propositional gratitude is not only not reducible to targeted gratitude but indeed is more basic than it and that (...) propositional gratitude is morally important because of its conceptual connections to the virtue of humility. (shrink)

Public reason liberals claim that legitimate rules must be justifiable to diverse perspectives. This Public Justification Principle threatens that failing to justify rules to reprehensible agents makes those rules illegitimate. Although public reason liberals have replies to this objection, they cannot avoid the challenge of powerful deceivers. Powerful deceivers trick people who are purportedly owed public justification into considering otherwise good rules to be unjustified. Avoiding this challenge requires discounting some failures of justification, according to what caused people’s beliefs. I (...) offer a conception of public justification that accommodates these externalist considerations while positioning Public Reason Liberalism to provide insight into real cases of deception. (shrink)

Propositionalism is the view that intentional attitudes, such as belief, are relations to propositions. Propositionalists argue that propositionalism follows from the intuitive validity of certain kinds of inferences involving attitude reports. Jubien (2001) argues powerfully against propositions and sketches some interesting positive proposals, based on Russell’s multiple relation theory of judgment, about how to accommodate “propositional phenomena” without appeal to propositions. This paper argues that none of Jubien’s proposals succeeds in accommodating an important range of propositional phenomena, such as the (...) aforementioned validity of attitude-report inferences. It then shows that the notion of a predication act-type, which remains importantly Russellian in spirit, is sufficient to explain the range of propositional phenomena in question, in particular the validity of attitude-report inferences. The paper concludes with a discussion of whether predication act-types are really just propositions by another name. (shrink)

From the publisher: "This book is a lucid and accessible companion to Plato’s Republic, throwing light upon the text’s arguments and main themes, placing them in the wider context of the text’s structure. In its illumination of the philosophical ideas underpinning the work, it provides readers with an understanding and appreciation of the complexity and literary artistry of Plato’s Republic. McAleer not only unpacks the key overarching questions of the text – What is justice? And Is a just life happier (...) than an unjust life? – but also highlights some fascinating, overlooked passages which contribute to our understanding of Plato’s philosophical thought.". (shrink)

The Public Justification Principle requires that coercive institutions be justified to all who live under them. I argue that this principle often cannot be satisfied without persons depending on the pure informative testimony of others, even under realistically idealized situations. Two main results follow. First, the sense of justification relevant to this principle has a strongly externalist component. Second, normative expectations of trust are essential to public justification. On the view I propose, whether the Public Justification Principle is satisfied depends (...) on the features of the network of testifiers in which persons are embedded. I consider several such networks to show which features are plausibly relevant. The importance of testimony for public justification ultimately suggests that we should moderate our expectations about the kind of conciliation we can achieve with the social order in which we live. (shrink)

Quine introduced a famous distinction between the ‘notional’ sense and the ‘relational’ sense of certain attitude verbs. The distinction is both intuitive and sound but is often conflated with another distinction Quine draws between ‘dyadic’ and ‘triadic’ (or higher degree) attitudes. I argue that this conflation is largely responsible for the mistaken view that Quine’s account of attitudes is undermined by the problem of the ‘exportation’ of singular terms within attitude contexts. Quine’s system is also supposed to suffer from the (...) problem of ‘suspended judgement with continued belief’. I argue that this criticism fails to take account of a crucial presupposition of Quine’s about the connection between thought and language. The aim of the paper is to defend the spirit of Quine’s account of attitudes by offering solutions to these two problems. (shrink)

The scientific, ethical, and policy issues raised by research involving the engraftment of human neural stem cells into the brains of nonhuman primates are explored by an interdisciplinary working group in this Policy Forum. The authors consider the possibility that this research might alter the cognitive capacities of recipient great apes and monkeys, with potential significance for their moral status.

Prominent defenders of the Enlightenment, like Jürgen Habermas, are beginning to recognize that the characterization of human beings in entirely rational and secular terms leaves out something important. Religion, they admit, plays an important role in human existence. But the return to a traditional monotheistic religion seems sociologically difficult after the death of God. We argue that Homeric polytheism retains a phenomenologically rich account of the sacred, and a similarly rich understanding of human existence in its midst. By opening ourselves (...) up to the moods of wonder and gratitude at the root of Homer's sense of the sacred, we can re-appropriate a polytheistic understanding of the sacred that allows us to recover and revive the intensity and meaningfulness that Homer's polytheists enjoyed. (shrink)

We develop the theory of layered posets and use the notion of layering to prove a new iteration theorem is κ-cc, as long as direct limits are used sufficiently often. This iteration theorem simplifies and generalizes the various chain condition arguments for universal Kunen iterations in the literature on saturated ideals, especially in situations where finite support iterations are not possible. We also provide two applications:1 For any n≥1, a wide variety of <ωn−1-closed, ωn+1-cc posets of size ωn+1 can consistently (...) be absorbed by quotients of saturated ideals on ωn.2 For any n∈ω, the tree property at ωn+3 is consistent with Chang’s conjecture ↠. (shrink)

The paper presents a new theory of perceptual demonstrative thought, the property-dependent theory. It argues that the theory is superior to both the object-dependent theory (Evans, McDowell) and the object-independent theory (Burge).

The prospect of using cell-based interventions to treat neurological conditions raises several important ethical and policy questions. In this target article, we focus on issues related to the unique constellation of traits that characterize CBIs targeted at the central nervous system. In particular, there is at least a theoretical prospect that these cells will alter the recipients' cognition, mood, and behavior—brain functions that are central to our concept of the self. The potential for such changes, although perhaps remote, is cause (...) for concern and careful ethical analysis. Both to enable better informed consent in the future and as an end in itself, we argue that early human trials of CBIs for neurological conditions must monitor subjects for changes in cognition, mood, and behavior; further, we recommend concrete steps for that monitoring. Such steps will help better characterize the potential risks and benefits of CBIs as they are tested and potentially used for treatment. (shrink)

We prove a variety of theorems about stationary set reflection and concepts related to internal approachability. We prove that an implication of Fuchino–Usuba relating stationary reflection to a version of Strong Chang’s Conjecture cannot be reversed; strengthen and simplify some results of Krueger about forcing axioms and approachability; and prove that some other related results of Krueger are sharp. We also adapt some ideas of Woodin to simplify and unify many arguments in the literature involving preservation of forcing axioms.

Given an ideal $I$ , let $\mathbb{P}_{I}$ denote the forcing with $I$ -positive sets. We consider models of forcing axioms $MA(\Gamma)$ which also have a normal ideal $I$ with completeness $\omega_{2}$ such that $\mathbb{P}_{I}\in \Gamma$ . Using a bit more than a superhuge cardinal, we produce a model of PFA (proper forcing axiom) which has many ideals on $\omega_{2}$ whose associated forcings are proper; a similar phenomenon is also observed in the standard model of $MA^{+\omega_{1}}(\sigma\mbox{-closed})$ obtained from a supercompact cardinal. (...) Our model of PFA also exhibits weaker versions of ideal properties, which were shown by Foreman and Magidor to be inconsistent with PFA. Along the way, we also show (1) the diagonal reflection principle for internally club sets ( $\mathit{DRP}(IC_{\omega_{1}})$ ) introduced by the author in earlier work is equivalent to a natural weakening of “there is an ideal $I$ such that $\mathbb{P}_{I}$ is proper”; and (2) for many natural classes $\Gamma$ of posets, $MA^{+\omega_{1}}(\Gamma)$ is equivalent to an apparently stronger version which we call $MA^{+\operatorname{Diag}}(\Gamma)$. (shrink)

Commonsense psychological explanation of action upon objects seems to require not only reference to agents’ demonstrative beliefs about the objects acted upon but also the de re ascription of these demonstrative beliefs. There is an influential objection, however, to the de re component: since de re ascriptions permit the attribution to agents of inconsistent attitudes about the objects acted upon, they cannot explain (or predict) agents’ actions upon those objects. This paper answers the objection by presenting a contextualist theory of (...) de re action explanation according to which agents’ beliefs about objects are logically fragmented. (shrink)

Collective procedural memory is a group’s memory of how to do things, as opposed to a group’s memory of facts. It enables groups to mount effective responses to periodic events (e.g., natural hazards) and to sustain collective projects (e.g., combatting climate change). This article presents an account of collective procedural memory called the Ability Conception. The Ability Conception has various advantages over other accounts of collective procedural memory, such as those appealing to collective know-how and collective identity. It also demonstrates (...) new applications for collective procedural memory. I develop three in this article: to social epistemology, to the ethics of memorialization, and to a pattern of group vulnerability to recurring hazardous events that I call the saeculum effect. (shrink)

The article discusses the characteristics of virtuous persons in relation to their social role(s). It explores the key features of the neo-Aristotelian account of right action and some problems for this account in the context of a certain social role. The problem can be characterized as a dilemma. When evaluating an action in some role, one view is that the obligations and requirements of roles could be taken as something already given by social or professional role descriptions, such that the (...) virtuous person must respond to these demands in the right way. Alternatively, the virtuous person could evaluate the role itself in terms of what the “good parent, teacher, doctor” and so on should be like. Using two different neo-Aristotelian approaches to the ethics of professional roles as examples I argue that neither strategy is, as it stands, satisfactory. ‘Internalism’ about role demands takes institutionally specified role requirements in a way that is too strongly determinate for a virtue ethical analysis. On the other side, ‘externalism’ is all too indeterminate in bypassing or failing to accommodate the institutionally determined demands of social or professional roles. These shortcomings contour an “institution shaped gap” in virtue ethics such that it needs to attend to the qualities of social institutions as well as the character and actions of individuals. In response I suggest that there is a distinctly Aristotelian way in which the virtue ethicist can address it, by appeal to the distinctive function or “characteristic activity”— ergon—of the institution. (shrink)

It is well known that saturation of ideals is closely related to the “antichain-catching” phenomenon from Foreman–Magidor–Shelah [10]. We consider several antichain-catching properties that are weaker than saturation, and prove:If${\cal I}$is a normal ideal on$\omega _2 $which satisfiesstationary antichain catching, then there is an inner model with a Woodin cardinal;For any$n \in \omega $, it is consistent relative to large cardinals that there is a normal ideal${\cal I}$on$\omega _n $which satisfiesprojective antichain catching, yet${\cal I}$is not saturated. This provides a negative (...) answer to Open Question number 13 from Foreman’s chapter in the Handbook of Set Theory. (shrink)

The question of ontological commitment in Plato’s Hippias Major has been important in disputes over the dialogue’s place in the corpus, its meaning, and its authenticity. But this question seems to have been settled—the Hippias Major is not committed to the ‘forms.’ Such an ontological conclusion has been vigorously defended, but its defenses rest on a problematic meta-ontological framework. This paper suggests a more adequate framework and brings more evidence to the evaluation of the question of ontological commitment in the (...) Hippias Major. It concludes that the dialogue is indeed committed to some kind of form. (shrink)

Two epistemic principles are Knowledge Exclusion and Belief Exclusion. Knowledge Exclusion says that it is necessarily the case that if an agent knows that p, then she does not believe that ∼p, and Belief Exclusion says that it is necessarily the case that if an agent believes that q, then she does not believe that ∼q. Many epistemologists find it reasonable to reject the latter principle and accept the former. I argue that this is in fact not reasonable by proposing (...) a case in which an agent can use that she has contradictory beliefs towards a proposition as decisive evidence for that proposition. A natural response is that this case conflicts with common assumptions about the relation between knowledge, contradictory beliefs and rationality. I reply by drawing ideas from Lasonen-Aarnio’s remarks on unreasonable knowledge to explain why these common assumptions do not threaten my argument. (shrink)