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)

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.

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)

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.

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)

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)

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)

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)

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 ...

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)

This article sketches an intellectual history of the distinction between Christian theology and Christian ethics. The twists and turns of that history have been obscured by a recent tendency to deny the distinction's usefulness, as part of a wider strategy for reasserting theology's relevance to modern social problems. By contrast, earlier theologians assumed the value of the theology/ethics divide, interpreting it through Aristotelian, neo-Kantian, and finally Marxist categories. The distinction fell into disrepute because theologians struggled to maintain the distinction consistently (...) and disagreed on the concerns implicated by it, variously using it to affirm the moral subject's agency, the divine/human difference, or the complexity of real people's circumstances. Nonetheless, the distinction has persisted as a useful shorthand for recognizing the limitations of Christian theology, qua a conceptual discourse, in fully apprehending its subject matter of the Christian life. (shrink)

ABSTRACT:Organizations constitute morally-complex environments, requiring organization members to possess levels of moral courage sufficient to promote their ethical action, while refraining from unethical actions when faced with temptations or pressures. Using a sample drawn from a military context, we explored the antecedents and consequences of moral courage. Results from this four-month field study demonstrated that authentic leadership was positively related to followers’ displays of moral courage. Further, followers’ moral courage fully mediated the effects of authentic leadership on followers’ ethical and (...) pro-social behaviors. Theoretical and practical implications for further integrating the work on moral courage, authentic leadership and ethics are discussed. (shrink)

The concept of alienation: Hegelian themes in modern social thought -- Creative activity and alienation in Hegel and Marx -- The concept of labour -- The individual and society -- Freedom and the "realm of necessity" -- Alienation as a critical concept -- Private property and communism -- The division of labour and its overcoming -- Marx's concept of communism.

A provocative close reading revealing a radical, proto-phenomenological Socrates.

Emotional hardcore and other music genres featuring screamed vocals are puzzling for the appreciator. The typical fan attaches appreciative value to musical screams of emotional pain all the while acknowledging it would be inappropriate to hold similar attitudes towards their sonically similar everyday counterpart: actual human screaming. Call this the screamed vocals problem. To solve the problem, I argue we must attend to the anti-sublimating aims that get expressed in the emotional hardcore vocalist’s choice to scream the lyrics. Screamed vocals (...) help us see the value in rejecting (a) restrictive social norms of emotional expressiveness and (b) restrictive artistic norms about how one ought to express or represent pain in art, namely that if one is going to do so they must ensure the pain has been ‘beautified’. In developing this second point I argue that emotional hardcore is well-suited (though not individually so) for putting pressure on longstanding views in the history of aesthetics about the formal relationship between art and human pain. (shrink)

This chapter corrects for Susan Sontag's undeserved neglect by contemporary ethical philosophers by bringing awareness to some of the unique metaethical insights born of her reflections on photographic representations of evil. I argue that Sontag's thought provides fertile ground for thinking about: (1) moral perception and its relation to moral knowledge; and (2) the epistemic and moral value of our emotional responses to the misery and suffering of others. I show that, contrary to standard moral perception theory (e.g. Blum 1994), (...) Sontag holds that we can have general moral perceptual knowledge. I then explore Sontag's idea that certain emotional responses, like sympathy and compassion, can sometimes be impertinent, in virtue of their having false or illusory content. I explain why this is so, and show the epistemic and motivational problems it poses for moral sentimentalism. (shrink)

Reichenbach's 'principle of the common cause' is a foundational assumption of some important recent contributions to quantitative social science methodology but no similar principle appears in econometrics. Reiss (2005) has argued that the principle is necessary for instrumental variables methods in econometrics, and Pearl (2009) builds a framework using it that he proposes as a means of resolving an important methodological dispute among econometricians. We aim to show, through analysis of the main problem instrumental variables methods are used to resolve, (...) that the relationship of the principle to econometric methods is more nuanced than implied by previous work, but nevertheless may make a valuable contribution to the coherence and validity of existing methods. (shrink)

The need to understand the systems that support ethical health research has long been recognized, but there are limited descriptions of actual health research ethics (HRE) systems. Using participatory network mapping methods, we empirically defined Malaysia's HRE system. 13 Malaysian stakeholders identified 4 overarching and 25 specific HRE system functions and 35 actors internal and 3 external to the Malaysian HRE system responsible for those functions. Functions requiring the most attention were: advising on legislation related to HRE; optimizing research value (...) to society; and defining standards for HRE oversight. Internal actors with the greatest potential for more influence were: the national network of research ethics committees; non-institution-based research ethics committees; and research participants. The World Health Organization, an external actor, had the largest untapped potential for influence overall. In summary, this stakeholder-driven process identified HRE system functions and actors that could be targeted to increase HRE system capacity. (shrink)

In recent years, policy debates in the United States have focused heavily on rising healthcare costs and what measures can be taken to ensure greater provision of healthcare to individuals of limited means. Much of the rhetoric on this subject has taken on an explicitly moral character, and one common sentiment is that healthcare is or should be viewed as a basic human right. However, the notion of a right to healthcare has not been well articulated, and critics have failed (...) to distinguish between legal and moral rights. Additionally, there are numerous problems inherent to viewing healthcare as a basic human right-many of which are in direct conflict with distinctly American conceptualizations of rights. The present paper reviews the debate over “rights”-both legal and natural-to healthcare, and argues that problems associated with natural rights arguments render them severely compromised. Instead, market systems commonly accepted in American society may be better suited to reducing healthcare costs and increasing access to services in the United States. (shrink)

This chapter offers a general outline of Schopenhauer’s peculiarly named concept of the 'acquired character’ and explains its basic function in his ethical thought. For Schopenhauer, a person of acquired character is someone who knows the ways of acting (Handlungsweise) that are most expressive of their individuality and who allows that self-knowledge to structure their practical and emotional life. In keeping with certain elements of his psychological determinism, acquired character is not the acquisition of a ‘new’ character; rather, it is (...) the acquisition of self-knowledge of one’s essentially fixed empirical character. It is part of the argument of this chapter that by introducing the acquired character into his reflections on human action and agency Schopenhauer weaves a certain view of individual flourishing (eudaimonia) into his ethics. There are two central ingredients of Schopenhauer’s conception of eudaimonia, and both are linked to the acquired character. The first is self-knowledge; the second is a sense of personal autonomy that follows in the wake of the first. The chapter ends with a brief attempt to connect Schopenhauer’s concept of acquired character to contemporary debates in ethics concerning autonomy, practical identity, and what some call the ‘normative significance of self’. (shrink)

Aristotle maintains that defining nous requires first defining its activity, which requires first having considered its objects, intelligible beings. This chapter is about the nature of these objects: what about them makes them intelligible? My principal proposals will be that what makes them intelligible is that they are separate or unmixed, and that because, insofar as they are intelligible, they are, in their essence, activity. I am not unaware that this makes it sound as though Aristotle takes intelligibility to consist (...) in some kind of nous. But he himself virtually says as much, when he claims that nous is the form of its objects (lit. εἶδος εἰδῶν); besides it is a result he is committed to by the doctrines that nous is intelligible and that there is something that intelligible objects all are in common; for the alternative, as he himself says, is to suppose that nous “will have something mixed-in, which makes it intelligible just like the rest.” The challenge, then, is not to steer clear of this result, but to make sense of it. My proposal will be that the key lies in realizing that and why Aristotle thinks intelligibility is a creature of nous. (shrink)

Much has been written on Cicero’s deployment of the Socratic method of in utramque partem argument, his use of Plato’s Socratic dialogues as literary models, and so forth. There has been less attention given to the nature of Cicero’s reception of ‘Socrates the man’. In this chapter I consider Cicero’s reception of ‘Socrates the man’ and argue that essentially he saw Socrates as an important model for ‘philosophy in practical life’.

Following Snyderman and Rothman, we surveyed expert opinions on the current state of intelligence research. This report examines expert opinions on causes of international differences in student assessment and psychometric IQ test results. Experts were surveyed about the importance of culture, genes, education, wealth, health, geography, climate, politics, modernization, sampling error, test knowledge, discrimination, test bias, and migration. The importance of these factors was evaluated for diverse countries, regions, and groups including Finland, East Asia, sub-Saharan Africa, Southern Europe, the Arabian-Muslim (...) world, Latin America, Israel, Jews in the West, Roma, and Muslim immigrants. Education was rated by N = 71 experts as the most important cause of international ability differences. Genes were rated as the second most relevant factor but also had the highest variability in ratings. Culture, health, wealth, modernization, and politics were the next most important factors, whereas other factors such as geography, climate, test bias, and sampling error were less important. The paper concludes with a discussion of limitations of the survey. (shrink)

Several scholars have asserted strategic fit to nonmarket factors is positively related to economic performance. Political strategic fit has traditionally been conceptualized as an incremental decision: firms engage in political activities to the extent nonmarket factors suggest firm political actions will improve economic performance. However, the decision to engage in political activity is more of a dichotomous decision. Both incremental and dichotomous political strategic fit are empirically evaluated in the U.S. coal industry from 1986 to 2000. Empirical evidence suggests that (...) political strategic fit should be modeled as a dichotomous decision and that engaging in political activity is positively related to economic performance. Under investing in political activity or pursuing a free riding strategy was negatively related to economic performance. (shrink)

“Trait” is a ubiquitous term in biology, but its precise meaning and theoretical foundations remain opaque. After distinguishing between “trait” and “character,” I argue for the value of adopting Theodosius Dobzhansky’s 1956 definition and framework for understanding “trait,” which holds that traits are just “semantic devices” that artificially impose order on continuous biological phenomena. I elaborate on this definition to distinguish between trait validity (compliance with Dobzhansky’s trait definition) and trait utility (usefulness of a trait). As a consequence of this (...) elaboration of the meaning of “trait,” it becomes clear that considerations of adaptation, function, homogeneity and natural kinds have clouded discussions of the meaning of “trait” per se. Combining this account with work by David Hull and examples from contemporary biology, I demonstrate that even broad or heterogeneous traits (including multiple sub-traits) can qualify as valid and useful. As a test case for this understanding of trait, I show how it can help resolve critiques of schizophrenia’s status as a single trait, highlighting the recent advances made within schizophrenia research. (shrink)

Some modern cosmological models predict the appearance of Boltzmann Brains: observers who randomly fluctuate out of a thermal bath rather than naturally evolving from a low-entropy Big Bang. A theory in which most observers are of the Boltzmann Brain type is generally thought to be unacceptable, although opinions differ. I argue that such theories are indeed unacceptable: the real problem is with fluctuations into observers who are locally identical to ordinary observers, and their existence cannot be swept under the rug (...) by a choice of probability distributions over observers. The issue is not that the existence of such observers is ruled out by data, but that the theories that predict them are cognitively unstable: they cannot simultaneously be true and justifiably believed. (shrink)

A non-technical introduction to quantum mechanics, the Everett interpretation, and the emergence of spacetime.

The inspiration for this collective writing project began with a digital conference entitled ‘Knowledge Socialism, COVID-19 and the New Reality of Education’ held at Beijing Normal University. In this conference and through this article, multiple researchers spread across six continents have engaged in the collaborative task of outlining emerging innovations and alternative contingencies towards education, international collaboration, and digital reform in this time of global crisis. Trends associated with digital education, knowledge openness, peer production, and collective intelligence as articulated by (...) Michael A. Peters’ conception of Knowledge Socialism are given careful analysis and exploration. Some of the members of this collective endeavor to identify problems, others, begin to draw boxes around potential solutions. Overall, this article engages with real world challenges and innovations that look beyond dominant neoliberal trends in the knowledge economy to build bridges toward novel possibilities in this era of rapid digital change. (shrink)

We have a much better understanding of physics than we do of consciousness. I consider ways in which intrinsically mental aspects of fundamental ontology might induce modifications of the known laws of physics, or whether they could be relevant to accounting for consciousness if no such modifications exist. I suggest that our current knowledge of physics should make us skeptical of hypothetical modifications of the known rules, and that without such modifications it’s hard to imagine how intrinsically mental aspects could (...) play a useful explanatory role. Draft version of a paper submitted to Journal of Consciousness Studies, special issue responding to Philip Goff’s Galileo’s Error: Foundations for a New Science of Consciousness. (shrink)

This book provides an account of the nature of time, especially time's arrow and the role of entropy, at a semi-popular level. Special attention is given to statistical mechanics, the past hypothesis, and possible cosmological explanations thereof.

I discuss "Poetic Naturalism" -- there is only one world, the natural world, but there are many ways of talking about it -- both as a general concept, and how it accounts for our actual world. I talk about emergence, fundamental physics, entropy and complexity, the origins of life and consciousness, and moral constructivism.

I defend the extremist position that the fundamental ontology of the world consists of a vector in Hilbert space evolving according to the Schrödinger equation. The laws of physics are determined solely by the energy eigenspectrum of the Hamiltonian. The structure of our observed world, including space and fields living within it, should arise as a higher-level emergent description. I sketch how this might come about, although much work remains to be done.