This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.

This paper uses Gerald Postema’s _Law’s Rule_ to take up one of the most controversial questions in rule of law scholarship: whether the ideal can provide the basis for criticizing the state alone, or private individuals and entities exercising power over others as well. An account of the characteristics of states in virtue of which the rule of law licenses control over their power is developed, followed by an examination of some cases in which non-state holders of power over others (...) might take on some of those characteristics. Under such circumstances, there are rule of law reasons to demand state control of private power. (shrink)

In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how (...) they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society. (shrink)

John Tomasi's “market democrat” is right to suppose that Rawlsians have erred in omitting economic liberty from their theories of justice. A Rawlsian ought to include economic liberty as a basic freedom because it facilitates individuals' development and pursuit of their conceptions of the good. However, the most plausible version of economic liberty will require the state to guarantee, if possible, that no one will be driven by economic desperation to engage in immiserating work, which may impair rather than facilitate (...) his or her pursuit of the good. There is reason to worry that contemporary economies such as the United States fall seriously short of that ideal. (shrink)

This paper gives a novel reading of the argument addressed by the Laws of Athens to Socrates in Plato's Crito. Many philosophers have suggested that the argument of the Laws is merely a weak 'rhetorical sop' to Crito. However, I offer an interpretation of that argument that brings out its plausibility, particularly in the context of the post-Oligarchic demos of early fourth-century Athens. For on Crito's plan, Socrates would have undermined a critical form of civic trust in Athens, not by (...) merely disobeying the sentence imposed on him by the jury, but by openly displaying the legal impunity of the rich. -/- We can call this 'legal trust.' By that coinage, I mean citizens' faith in their fellow citizens' willingness and ability to collectively defend the law---to enforce it against the powerful, and refrain from acting to undermine that capacity. When the members of a democratic political community recognize one another's commitment to their legal system, they are able to defend the laws that hold their democracy together; in such a state, the laws are both conceptually constitutive of democratic authority and practically necessary for democracy. -/- Taken in the context of the strategic structure of the Athenian legal system, in the appeal to the filial loyalty Socrates owed the Laws we can see just such an account of the interweaving of law, trust, and citizenship in the preservation of a democracy. The Laws demand that Socrates be trustworthy, and thereby refrain from undermining his fellow citizens' trust in them, where that trust is necessary for the citizens' collective defense of the democratic legal system; they make this demand on Socrates in virtue of the Laws' role in Socrates's identity as citizen. (shrink)

The literature contains two concepts of corruption which are often confused with one another: corruption as twisted character (pollution), and corruption as disloyalty. It also contains two sites for corruption: the corruption of individuals, and the corruption of entire institutions such as a state or a legislature.This paper first draws a clear distinction between the pollution and disloyalty concepts of corruption in the individual context, and then defends a conception of disloyalty corruption according to which the distinguishing feature is an (...) agent who uses powers delegated to her from her principal as her own. Then, the paper shifts gears to the institutional context, arguing that the best account of institutional corruption in the extant literature is of the pollution kind. It then fills the remaining logical space by laying out a conception of institutional corruption as disloyalty and explaining its moral significance for the political legitimacy of a democracy. (shrink)

In this paper, I describe a category of political values that I call “institutional values.” An institutional value is distinct from an ordinary political value like justice by having both descriptive and evaluative components. I defend a method of sorting out correct from incorrect conceptions of an institutional value that relies on two ideas: coherence and verisimilitude.

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? -/- This open access book traces the promise and paradox of the American rule of law in three interwoven ways. -/- It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers (...) to see the rule of law ambitions its foundational institutions express? -/- It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of law as a restrictor on arbitrary power and a guarantor of legal equality. In that context, it explores the distinctive role of Black liberation movements in developing the American rule of law. -/- Finally, it considers the extent to which the American rule of law is compromised at its frontiers, and the extent that those compromises undermine legal protections Americans enjoy in the interior. It asks how America reflects the legal contradictions of capitalism and empire outside its borders, and the impact of those contradictions on its external goals. (shrink)

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

The border is an area where the rule of law has often found difficulty taking root, existing as law-free zones characterized by largely unbounded legal and administrative discretion. In his important new book, The Rule of Law in the Real World, Paul Gowder deftly combines historical examples, formal models, legal analysis, and philosophical theory to provide a novel and compelling account of the rule of law. In this paper I consider whether the account Gowder offers can provide (...) the tools needed to bring the border under the rule of law. I argue that on Gowder’s account, there are two ways in which we might try to extend the rule of law to the border.The first is to look at concrete connections that current citizens or members of the political community have with non-citizens. Just as the interests of current citizens give them strong reasons to coordinate to establish the rule of law in their own community, so may the interests of current members in connections with nonmembers give them reason to work to extend the rule of law to the border. These interests can include family ties, other forms of personal relationships, offers of employment, intellectual connections, and others. Some of these connections already serve to give greater legal protections, including protections from arbitrary decision-making, to some non-citizens, and the general trend, I argue, can and should be further strengthened The second method for extending the rule of law to the border involves appealing to certain universal norms so as to build a sense of community that stretches beyond borders. While these norms are not as robust or well established as domestic law, and therefore are unlikely to extend all of the protections of the rule of law to all people at the border, they can, I argues, be a basis for working against the worst arbitrary actions by border officials. I conclude by considering the vexed dispute about providing “amnesty” for unauthorized immigrants in the United States and other countries. I argues that Gowder’s account of the amnesty provided to supporters of the oligarchic coups in ancient Athens provides a model for thinking about when and how amnesties for unauthorized migrants can be done without offending the rule of law, thereby making them more palatable to current citizens. (Please download this paper for free from SSRN on the link provided on this page). (shrink)

Descartes is widely portrayed as the arch proponent of “the epistemological transparency of thought” (or simply, “Transparency”). The most promising version of this view—Transparency-through-Introspection—says that introspecting (i.e., inwardly attending to) a thought guarantees certain knowledge of that thought. But Descartes rejects this view and provides numerous counterexamples to it. I argue that, instead, Descartes’s theory of self-knowledge is just an application of his general theory of knowledge. According to his general theory, certain knowledge is acquired only through clear and distinct (...) intellection. Thus, in his view, certain knowledge of one’s thoughts is acquired only through clear and distinct intellection of one’s thoughts. Introspection is a form of intellection and it can be clear and distinct. Ordinarily, however, introspection isn’t clear and distinct but is instead confused with dubitable perceptions of bodies. To make introspection clear and distinct, we need to “sharply separate” it from all perceptions of bodies by doubting all perceptions of bodies. Without such radical doubt, introspection remains confused and we lack certain knowledge not just of the specific features of our thoughts, but even of the minimal claim that a thought exists. Far from being the high priest of Transparency, Descartes is radically opposed to it. (shrink)

The options in a decision problem generally have outcomes with common features. Putting aside the common features simplifies deliberations, but the simplification requires a philosophical justification that this book provides.

The first book-length study of a leading tenth-century Ismaili theoretician Abu Ya'qub al-Sijistani.

The centrality of death rituals has in anthropologically informed studies of Buddhism been little documented. The current volume brings together a range of perspectives on Buddhist death rituals including ethnographic, textual, historical and theoretically informed accounts, and presents the diversity of the Buddhist funeral cultures of mainland Southeast Asia and China. It arises out of the University of Bristol's Centre for Buddhist Studies research project Buddhist Death Rituals in Southeast Asia and China, funded by the United Kingdom's Arts and Humanities (...) Research Council. This project involved extensive new research in Thailand, Laos and China. Other items from that project included several public exhibitions, extensive stills photographs, and several video films. The project-team produced two 30 minutes films on the ghost festival in Laos and China, one on urban funerals in Chiang Mai (Thailand) and several shorter clips dealing with funeral cultures in Laos, Thailand and China. Most of this material (and an extensive bibliography on the topic) is available free of charge from the project website located at the webpage of the Department of Theology and Religious Studies (Centre for Buddhist Studies) at the University of Bristol. (shrink)

This article contends that the evolution toward interdisciplinary collaboration that we are witnessing in the sciences must also occur in the humanities to ensure their very survival. That is, humanists must be open to working with scientists and social scientists interested in similar research questions and vice versa. Digital humanities is a positive first step. Complexity science should be the next step. Even though much of the ground-breaking work in complexity science has been done in the natural sciences and mathematics, (...) it can, if critically adapted, provide the needed metaphor for a broad integration of disciplines, humanistic and otherwise. Given its almost a-disciplinary nature, a complexity approach to the research problems in the humanities necessarily breaks down silos. Moreover, it can restore and reframe the seamless intellectual fabric sought by researchers before the atomization of the various disciplines in the nineteenthcentury academy. (shrink)

Zusammenfassungen der Referate in französischer Sprache.

An agent often does not have precise probabilities or utilities to guide resolution of a decision problem. I advance a principle of rationality for making decisions in such cases. To begin, I represent the doxastic and conative state of an agent with a set of pairs of a probability assignment and a utility assignment. Then I support a decision principle that allows any act that maximizes expected utility according to some pair of assignments in the set. Assuming that computation of (...) an option's expected utility uses comprehensive possible outcomes that include the option's risk, no consideration supports a stricter requirement. (shrink)

Schelling und Hegel benutzen in ihren philosophischen Texten mathematische und naturwissenschaftliche Modelle wie Unendlichkeit oder Gleichgewicht. Die Strukturen dieser Begriffe liefern einen Massstab fur den Vergleich der Positionen Schellings und Hegels, der fur Schellings Identitatsphilosophie und Hegels erste Jenaer Schriften durchgefuhrt wird. Als wichtigstes Resultat kann eine grundlegende Differenz zwischen beiden Positionen bereits um 1801 nachgewiesen und gezeigt werden, dass diese auf einer unterschiedlichen Auffassung der Rolle des Absoluten beruht.

Die MISCELLANEA MEDIAEVALIA präsentieren seit ihrer Gründung durch Paul Wilpert im Jahre 1962 Arbeiten des Thomas-Instituts der Universität zu Köln. Das Kernstück der Publikationsreihe bilden die Akten der im zweijährigen Rhythmus stattfindenden Kölner Mediaevistentagungen, die vor über 50 Jahren von Josef Koch, dem Gründungsdirektor des Instituts, ins Leben gerufen wurden. Der interdisziplinäre Charakter dieser Kongresse prägt auch die Tagungsakten: Die MISCELLANEA MEDIAEVALIA versammeln Beiträge aus allen mediävistischen Disziplinen - die mittelalterliche Geschichte, die Philosophie, die Theologie sowie die Kunst- und (...) Literaturwissenschaften sind Teile einer Gesamtbetrachtung des Mittelalters. (shrink)

Like Plato, Protagoras held that young children learn virtue from fine examples in poetry. Unlike Plato, Protagoras taught adults by correcting the diction of poets. In this paper I ask what his standard of correctness might be, and what benefit he intended his students to take from exercises in correction. If his standard of correctness is truth, then he may intend his students to learn by questioning the content of poems; that would be suggestive of Plato’s program in Republic III. (...) But his standard is more likely to be the accurate use of language; in that case he would intend his students to learn to express their thoughts clearly enough that their audience would understand what they were saying. That standard would be independent of the truth of what they are saying; and that would be a precursor to modern techniques by which we try to teach speaking and writing. Truth is not so easy to escape, however, and we shall see that Protagoras’ exercise must assume that the poet is trying to tell the truth. (shrink)

Extends the ideas of social constructivism to the philosophy of mathematics, developing a powerful critique of traditional absolutist conceptions of mathematics, and proposing a reconceptualization of the philosophy of mathematics.

In _Matter and Consciousness_, Paul Churchland presents a concise and contemporary overview of the philosophical issues surrounding the mind and explains the main theories and philosophical positions that have been proposed to solve them. Making the case for the relevance of theoretical and experimental results in neuroscience, cognitive science, and artificial intelligence for the philosophy of mind, Churchland reviews current developments in the cognitive sciences and offers a clear and accessible account of the connections to philosophy of mind. For (...) this third edition, the text has been updated and revised throughout. The changes range from references to the iPhone's "Siri" to expanded discussions of the work of such contemporary philosophers as David Chalmers, John Searle, and Thomas Nagel. Churchland describes new research in evolution, genetics, and visual neuroscience, among other areas, arguing that the philosophical significance of these new findings lies in the support they tend to give to the reductive and eliminative versions of materialism. Matter and Consciousness, written by the most distinguished theorist and commentator in the field, offers an authoritative summary and sourcebook for issues in philosophy of mind. It is suitable for use as an introductory undergraduate text. (shrink)

This book demonstrates how children's imagination makes a continuing contribution to their cognitive and emotional development.

_A Communion of Subjects_ is the first comparative and interdisciplinary study of the conceptualization of animals in world religions. Scholars from a wide range of disciplines, including Thomas Berry (cultural history), Wendy Doniger (study of myth), Elizabeth Lawrence (veterinary medicine, ritual studies), Marc Bekoff (cognitive ethology), Marc Hauser (behavioral science), Steven Wise (animals and law), Peter Singer (animals and ethics), and Jane Goodall (primatology) consider how major religious traditions have incorporated animals into their belief systems, myths, rituals, and art. Their (...) findings offer profound insights into humans' relationships with animals and a deeper understanding of the social and ecological web in which we all live. Contributors examine Judaism, Christianity, Islam, Hinduism, Buddhism, Jainism, Daoism, Confucianism, African religions, traditions from ancient Egypt and early China, and Native American, indigenous Tibetan, and Australian Aboriginal traditions, among others. They explore issues such as animal consciousness, suffering, sacrifice, and stewardship in innovative methodological ways. They also address contemporary challenges relating to law, biotechnology, social justice, and the environment. By grappling with the nature and ideological features of various religious views, the contributors cast religious teachings and practices in a new light. They reveal how we either intentionally or inadvertently marginalize "others," whether they are human or otherwise, reflecting on the ways in which we assign value to living beings. Though it is an ancient concern, the topic of "Religion and Animals" has yet to be systematically studied by modern scholars. This groundbreaking collection takes the first steps toward a meaningful analysis. (shrink)

Paul Weithman offers a fresh, rigorous, and compelling interpretation of John Rawls's reasons for taking his so-called "political turn.".

General information -- The animals themselves -- Philosophical arguments -- Laws -- Political realities -- Social realities -- Education and the arts -- Contemporary sciences -- Major figures and organizations in the animal rights movement -- The future of animal rights.

Animal studies is a growing interdisciplinary field which seeks to understand how humans study and conceive of other-than-human animals, and how these conceptions have changed over time, across cultures, and among various scholarly modes of inquiry. Until now, this growing field has lacked a comprehensive introductory text appropriate for new scholars. Animal Studies: An Introduction fills this deficiency, providing the first holistic survey of the field.