In comparison to the speech of the Laws, the dialectic between Crito and Socrates at the beginning of theCritohas received little attention. In this paper I argue that it contains an important philosophical message. It illustrates that the many's failure to follow Socrates' principles, like his principle of non-retaliation, is due to the intrinsic fragility of true beliefs. Though the many can understand Socrates' values and may accept his principles if he argues with them long enough, they may fail to (...) hold on to his principles when confronted with the difficulties of life. Crito's failure to deliberate Socratically at the beginning of theCritoexemplifies the many's predicament. (shrink)

ABSTRACTIn this paper I reassess the place of Plato’s Laws in the history of legal thought. The Laws has been traditionally considered to present a natural law theory of law. I argue instead that it presents a positivist account of the nature of law. Through analysis of some key passages of the Laws I argue that in that dialogue law is identified with conclusions of enkratic civic reason that may systematically conflict with precepts of substantive moral reason. I also argue (...) that in the Laws the rule of law is a precondition of a legal system but lacks inherent moral significance. For the rule of law to obtain there needs to be some compromise between the political interests of rulers and subjects which is grounded on political pragmatism and not on moral considerations. (shrink)

In this article I propose a new interpretation of Aristotle’s arguments about the authority of the many at Politics III 11, 1281a40–b21. It consists of the following main tenets. First, the multitude that Aristotle refers to in his arguments should be understood on the model of the multitude which rules in polities and the members of which are accomplished in only a part of political excellence, namely, military excellence. Second, the best citizens with whom he compares that multitude in his (...) arguments do not possess complete political excellence but rather the highest degree of military excellence among their fellow citizens in a polity. Third, the members of that multitude are collectively superior to the best citizens in making decisions about political particulars, for example, decisions about specific policies. Fourth, their superiority can be explained by reference to the fact that they collectively possess superior experience than the best citizens, though they have individually and collectively inferior political understanding. Finally, their collective superiority in making political decisions is the outcome of the aggregation of their individual political judgements that are based on experience rather than the outcome of some form of public deliberation that enables them to grasp the political reasons which support their decisions. (shrink)

In this paper I address the issue of the normativity of instrumental rules (for example, legal rules). On the one hand, I criticize Scott Shapiro's of instrumental rule-following according to which instrumental rules have motivational clout qua rules: the agent conforms to them simplybecause they are rules. On the other, I argue for a purely epistemic account of instrumental rule-following. According to this account, instrumental rules inform the agent which action she is required to perform but do not get her (...) to act. Rather the agent is motivationally guided by the reasons for which she adopted the instrumental rules. (shrink)

What do exclusionary reasons exclude? This is the main issue I address in this article. Raz appears to endorse what I label the “motivational” model of exclusionary reasons. He stresses that within the context of his theory of practical reasoning, exclusionary reasons are reasons not to be motivated by certain first-order reasons (namely, the first-order reasons which conflict with the first-order reasons that the exclusionary reasons protect). Some of his critics take him to be committed to another model of exclusionary (...) reasons which I label the “consideration” model. According to this model exclusionary reasons are reasons not to consider or think of the conflicting first-order reasons. I argue that Raz's account of the exclusionary function of decisions suggests a third model of exclusionary reasons which I label the “reconsideration” model. In the reconsideration model, exclusionary reasons are reasons not to reconsider the balance of first-order reasons. In this article I show how the reconsideration model differs from both the motivational and the consideration model and how it can account for the exclusionary function not only of decisions but also of personal rules and authoritative directives. (shrink)

In this article I analyze the speech of the Laws in Plato’s Crito from a jurisprudential perspective. More specifically I explore the Laws’ views about the authority of law. I offer new interpretations of their famous ‘persuade or obey’ alternative and of their arguments about their superior moral status and the agreements of the citizens with them. I also explore the rather neglected topic of the mental attitude towards their authority that they demand from the citizens and conclude with a (...) discussion of their understanding of the relation between law and morality. I approach the speech of the Laws as a historian of legal thought and try to locate their arguments firmly within both the context of the ancient Athenian legal system and the context of Platonic philosophy. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

This article contains the author's responses to five critics of his book Law as a Leap of Faith whose criticisms appear in this journal. The critics are Kimberley Brownlee, Antony Hatzistavrou, Kristen Rundle, Sari Kisilevsky and Nicola Lacey. The criticisms and responses pick up the following fifteen themes from the book: law, morality, society, explanation, continuity, rationality, ends, instruments, values, justice, allocation, games, modalities, generalities, jurisprudence.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Plato and the PoetsCatalin ParteniePierre Destrée and Fritz-Gregor Herrmann, editors. Plato and the Poets. Mnemosyne Supplements: Monographs on Greek and Latin Language and Literature, 328. Leiden-Boston: Brill, 2011. Pp. xxii + 434. Cloth, $217.00.This beautifully produced volume is a collection of nineteen essays, half of them being initially presented as papers given at a 2006 conference in Louvain. Seven chapters focus on the Republic and address a variety (...) of issues: the ancient quarrel between philosophy and poetry (Glenn W. Most); Plato’s criticism of poetry and his negative attitude toward women (Penelope Murray); mimêsis as appearance-making (Gabriel Richardson); the meaning of mimêsis (Jera Marušič); Plato’s criticism and appreciation of poetry (Stephen Halliwell); thumos and the criticism of poetry (Pierre Destrée); painting, poetry, and the cognitive division of the soul (Rachel Singpurwalla). One chapter deals with myth, invented story, and true account in the Timaeus (Gretchen Reydams-Schils). Two are devoted to the Laws—mimetic correctness and choric poetry (Antony Hatzistavrou), and tragedy and philosophy (Susan Sauvé Meyer). The remaining nine chapters deal with other dialogues, although they are often discussed in connection with the Republic; the topics they discuss include: theia moira, enthousiasmos, and mimêsis in Gorgias (Fritz-Gregor Herrmann); divine possession, inspiration, and mimêsis in Ion and Republic (with references to Plato’s entire corpus, Catherine Collobert); the poet and the rhapsode as hermêneus in Ion (Carlotta Capuccino); the poet, the mad lover, and the mad philosopher as the true interpreter in Ion and Phaedrus (Francisco Gonzalez); inspiration and Plato’s psychology in Ion, Phaedrus, Politicus, Philebus, Timaeus (Stefan Büttner); theia moira in Ion and Meno, and the poets’ incomplete ascension in Symposium (Dominic Scott); Plato’s use of poetry and poets in Symposium (Elizabeth Bel-fiore); poetry and image-making in Republic and Sophist (Noburu Notomi); and poetry, the tripartition of the soul and the Form of Beauty in Phaedrus (Elizabeth Pender).As Stephen Halliwell put it in his essay, there is the seemingly Platonic attitude “which criticizes, censors and even ‘banishes’ poets, and which speaks in terms of unmasking the false pretensions and the damaging influence of poetry. But there is also the Platonic stance which never ceases to allow the voices of poetry to be heard in Plato’s own writing, which presupposes not only extensive knowledge but also ‘love’ of poetry on the part of Plato’s readers, and which at certain key junctures claims for itself nothing less than the status of a new kind of philosophical poetry and art: the status, indeed, of ‘the greatest music’ [Phaedo 61a; cf. Phaedrus 248d, 259b] and even of ‘the finest and best tragedy’ [Laws 817b]” (241). All the contributors address, in one way or another, the puzzling contrast between these two views on poetry. Halliwell, for instance, claims that Book X of the Republic “offers not a simple repudiation of the best poets but a complicated counterpoint in which resistance and attraction to their work are intertwined, a counterpoint which (among other things) explores the problem of whether, and in what sense, it might be possible to be a ‘philosophical lover’ of poetry” (244). While Most argues that “there is little or no evidence for any consciousness” of a generic opposition between philosophy and poetry tout court before Plato, “this opposition may even be in the process of being constructed” in his Republic (19) (Notomi, too, discusses this topic, and refers to the view according to which the “ancient quarrel” was Plato’s invention). [End Page 291]In reading the nineteen essays of this volume, one realizes that in Plato there is not just one poetics, or two contrasting views on poetry, but—as the editors put it—“several models of what poetry is and what the poets do” (xxii). One would have liked that these several models be explicitly discussed in a concluding chapter. The editors, however, acknowledge that neither they nor their authors aimed at achieving a unified vision of the subject: “While certain recurring themes crystallize themselves with increasing complexity in the course of the various discussions, there remain both contradictions and incompatibilities between results... (shrink)

We comment on two articles on social referencing and social appraisal. We agree with Walle, Reschke, and Knothe’s argument that at one level of analysis, social referencing and social appraisal are functionally equivalent: In both cases, another person’s emotional expression is observed and this expression informs the observer’s own emotional reactions and behavior. However, we also agree with Clément and Dukes’s view that, there is an important difference between social referencing and social appraisal. We also argue that they are likely (...) to occur at different stages of emotion process. (shrink)

I argue for a deflationary answer to the question, “What is it to be a woman?” Prior attempts by feminist theorists to provide a metaphysical account of what all and only women have in common have all failed for the same reason: there is nothing women have in common beyond being women. Although the social kinds man and woman are primitive, their existence can be explained. I say that human sex difference is the material ground of systems of gender; gender (...) systems serve to enable male control of female reproductive capacities. This explains the fact that most women are female, but it does not entail that all women are female or that all females are women. To clarify my position, I draw an analogy between the kind woman and the kind parent. While it is difficult to come up with necessary and sufficient conditions for being a parent, it is clear that the social institution or practice of parenting has its material ground in the biological facts about human reproduction together with facts about infantile dependency. Saying this does not entail that all and only biological progenitors are parents. (shrink)

Illusions are thought to make trouble for the intuition that perceptual experience is "open" to the world. Some have suggested, in response to the this trouble, that illusions differ from veridical experience in the degree to which their character is determined by their engagement with the world. An understanding of the psychology of perception reveals that this is not the case: veridical and falsidical perceptions engage the world in the same way and to the same extent. While some contemporary vision (...) scientists propose to draw the distinction between veridical experience and illusion in terms of the satisfaction or non-satisfaction of “hidden assumptions” deployed in the course of normal perceptual inference, I argue for a different approach. I contend that there are, in a sense, no illusions – illusions are as “open” as veridical experiences. Percepts lack the kinds of intentional content that would be needed for perceptual misrepresntation. My view gives a satisfying solution to a philosophical problem for disjunctivism about the good case/bad case distinction: with respect to illusions, every "bad case" of seeing an X can be equally well construed as a "good case" of seeing some Y (different from X). -/- . (shrink)

I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.

Atheists are frequently demonized as arrogant intellectuals, antagonistic to religion, devoid of moral sentiments, advocates of an "anything goes" lifestyle. Now, in this revealing volume, nineteen leading philosophers open a window on the inner life of atheism, shattering these common stereotypes as they reveal how they came to turn away from religious belief. These highly engaging personal essays capture the marvelous diversity to be found among atheists, providing a portrait that will surprise most readers. Many of the authors, for example, (...) express great affection for particular religious traditions, even as they explain why they cannot, in good conscience, embrace them. None of the contributors dismiss religious belief as stupid or primitive, and several even express regret that they cannot, or can no longer, believe. Perhaps more important, in these reflective pieces, they offer fresh insight into some of the oldest and most difficult problems facing the human mind and spirit. For instance, if God is dead, is everything permitted? Philosophers without Gods demonstrates convincingly, with arguments that date back to Plato, that morality is independent of the existence of God. Indeed, every writer in this volume adamantly affirms the objectivity of right and wrong. Moreover, they contend that secular life can provide rewards as great and as rich as religious life. A naturalistic understanding of the human condition presents a set of challenges--to pursue our goals without illusions, to act morally without hope of reward--challenges that can impart a lasting value to finite and fragile human lives. Collectively, these essays highlight the richness of atheistic belief--not only as a valid alternative to religion, but as a profoundly fulfilling and moral way of life. "This Atheists R Us compilation differs markedly in tone from Hitchens and Dawkins. Excellent fare for Christian small groups whose members are genuinely interested in the arguments raised by atheists." --Christianity Today "Readable, personal, and provocative.... Contrary to the popular image, atheism isn't all rebellious trumpets and defiant drums.... Here we have all the varieties of unreligious experience, a full symphony of unbelief." --Free Inquiry "Compelling and sophisticated arguments that religious people ought to confront." --Tikkun. (shrink)

This paper defends an account of forgiveness that is sensitive to recent work on anger. Like others, we claim anger involves an appraisal, namely that someone has done something wrong. But, we add, anger has two further functions. First, anger communicates to the wrongdoer that her act has been appraised as wrong and demands she feel guilty. This function enables us to explain why apologies make it reasonable to forgo anger and forgive. Second, anger sanctions the wrongdoer for what she (...) has done. This function allows us to explore the moral status of forgiveness, including why forgiveness is typically elective. (shrink)

First published in 1961, this book considers Hume’s request to be judged solely by the acknowledged works of his maturity. It focuses on Hume’s first Inquiry in its own right as a separate book to the likes of his other works, such as the Treatise and the Dialogues, which are here only used as supplementary evidence when necessary. This approach brings out, as Hume himself quite explicitly wished to do, the important bearing of his more technical philosophy on matters of (...) religion and of world-outlook generally: "Be a philosopher; but amidst all your philosophy, be still a man.". (shrink)

Locke's contribution to the discussion was fourfold: First , he saw the importance of the problem; Second , he realized that the puzzle cases, the “strange suppositions,” were relevant; Third , he maintained “same” had a different meaning when applied to “person” from its meaning in other contexts; and, Fourth , he offered his much criticized solution of the problem.

Dependency relationships within the cell cycle allow cells to arrest the cycle reversibly in response to agents or conditions that interfere with specific aspects of its normal progression. In addition, overlapping pathways exist which also arrest the cell cycle in response to DNA damage. Collectively, these control mechanisms have become known as checkpoints. Analysis of checkpoints is facilitated by the fact that dependency relationships within the cell cycle, such as the dependency of mitosis on the completion of DNA synthesis, and (...) the DNA damage checkpoint can be separated genetically. In fission yeast, Schizosaccharomyces pombe, the dependency of mitosis on prior completion of DNA synthesis is mediated through tyrosine‐15 phosphorylation of the ubiquitous mitotic regulator p34cdc2. In contrast, the arrest of mitosis caused by DNA damage acts through a separate mechanism that appears to be independent of tyrosine‐15 phosphorylation. Despite these distinct interactions with the mitotic machinery, the majority of fission yeast mutants that are deficient in mitotic arrest after DNA damage are also unable to respond to inhibition of DNA synthesis. In this essay we survey the current knowledge concerning feedback controls and checkpoints within fission yeast and relate this to information derived from other systems. (shrink)

Encounters with art can change us in ways both big and small. This paper focuses on one of the more dramatic cases. I argue that works of art can inspire what L. A. Paul calls transformations, classic examples of which include getting married, having a child, and undergoing a religious conversion. Two features distinguish transformations from other changes we undergo. First, they involve the discovery of something new. Second, they result in a change in our core preferences. These two features (...) make transformations hard to motivate. I argue, however, that art can help on both fronts. First, works of art can guide our attempt to imagine unfamiliar ways of living. Second, they can attract us to values we currently reject. I conclude by observing that what makes art powerful also makes it dangerous. Transformations are not always for the good, and art's ability to inspire them can be put to immoral ends. (shrink)

This chapter contains section titled: References.

AFTER DISTINGUISHING PARAPSYCHOLOGY FAVORABLY FROM VARIOUS PRESENTLY POPULAR YET WHOLLY DISREPUTABLE EXERCISES IN FRAUD AND SELF-DECEPTION, THIS PAPER CONSIDERS THREE ASPECTS IN WHICH IT DIFFERS FROM ALL ESTABLISHED HIGH-STATUS SCIENCES. FIRST, THE FIELD HAS TO BE DEFINED NEGATIVELY. SECOND, THERE IS AFTER OVER A CENTURY OF INVESTIGATION STILL NO REPEATABLE DEMONSTRATION OF THE GENUINENESS OF ANY PSI-PHENOMEN. THIRD, WE HAVE NO EVEN HALFWAY PLAUSIBLE THEORY WITH WHICH TO ACCOUNT FOR THE MATERIALS WHICH PARAPSYCHOLOGY IS SUPPOSED TO HAVE TO EXPLAIN. THE (...) CONCLUSION IS THAT PARAPSYCHOLOGY HAS NOT YET GRADUATED AS A SCIENCE, AND LIKELY NEVER WILL. (shrink)

ABSTRACT One striking feature of On the Genealogy of Morals is how it is written. Nietzsche employs a literary style that provokes his readers' emotions. In Beyond Selflessness, Christopher Janaway argues that such a literary approach is integral to Nietzsche's philosophical goals. Feeling the emotions Nietzsche's style arouses is necessary for understanding the views he defends. I argue that Janaway's position is mistaken. The evidence at our disposal fails to establish that emotion is ever necessary for cognition. However, I maintain (...) that we do have good evidence for a slightly weaker claim. The emotionally sensitive person is epistemically better off than the cold and dispassionate person. There are some truths he or she will be more likely to believe and will have better reasons for believing. I conclude that Janaway is right to defend the philosophical importance of Nietzsche's literary writing style. His error is simply that he overstates the case. (shrink)

(2008). Meta-Linguistics: Methodology and Ontology in Devitt's Ignorance of Language. Australasian Journal of Philosophy: Vol. 86, No. 4, pp. 643-656.