“I would prefer not”HERMAN MELVILLE, BARTLEBY THE SCRIVENER: A STORY OF WALL STREET (1853), reprinted in THE PIAZZA TALES 32, 48 (London, Sampson Low, Son & Co. 1856). Scholars have recently challenged the claim in classical deterrence theory that law influences behavior only through the expected sanction imposed. Some go further and argue that law may also “shape preferences,” changing people’s wants and values. In this Article, we analyze existing claims that criminal and civil law alter preferences and conclude that (...) none suggest that the law shapes preferences. We first clarify this preference-shaping claim by elaborating the structure of rational choice theory generally and “preference” in particular. We then investigate three mechanisms of legal influence suggested by the preference-shaping literature: (1) the “serious harm” mechanism; (2) the “social norm” mechanism; and (3) the “self-improvement” mechanism. We then show that each of these mechanisms operates by changing the agent’s beliefs about the attributes or consequences of her choice options rather than by changing her preferences. (shrink)

This essay investigates consequentialist reasoning in law. It begins with a brief exposition of the structure of consequentialist reasoning. It then turns to the role of consequentialist reasoning in two aspects of legal decision-making. Legal officials must reason both about ends and about the choice of means to achieve those ends. Legal instrumentalism, however, takes many forms, and different forms identify different officials to engage in the task of reasoning consequentially to choose means. The essay then considers the difficulties posed (...) by the fact that legal decision-makers choose policies or institutions that structure the outcomes they hope to achieve. Finally, the essay considers the role that consequentialist reasoning may play in choosing ends. (shrink)

This essay disentangles the complex relations between economic logic and legal logic. It distinguishes economic logic as a social process from economic logic as economic reasoning; economic reasoning to explain behavior from economic reasoning to evaluate behavioral outcomes; and legal reasoning in judicial contexts from legal reasoning in other contexts such as legislation and legal enforcement or compliance. It then argues first that economic logic as the logic of social processes deepens our understanding of how law develops and how it (...) influences behavior. But the essay argues second that economic logic plays at best a limited role in the logic of legal reasoning for two reasons. Much legal reasoning seeks to identify the goals we should and do pursue while economic logic takes such goals as given. Further, the instrumental role of economic logic will vary with the institutional context in which legal reasoning occurs. (shrink)

Constitutional political economy addresses four questions: the causal question: What explains the constitutional institutions we observe? the consequential question: What consequences do constitutional institutional have? the ideal question: What constitutional institutions does justice require? and the design question: What constitutional institutions are best for a polity given the constraints imposed by its current situation? Answers to the ideal and design questions require a theory of behavior that predicts how individuals will behave within constitutional institutions. Analysts usually assume that this theory (...) of behavior corresponds to the explanatory theory developed to answer the second, consequential question. This essay argues that the assumption of rational self-interested behavior as the basis for a behavioral theory is not justified. (shrink)

Analyses of complex entities such as bureaucracies, courts, legislatures, and firms typically personify them. A strong conception of personification requires that these entities have rational interests, rational beliefs, and rational normative judgments. On one account of personification, such personified rationality should be aggregate rationality : the interests, beliefs, and normative judgments should depend only on the interests, beliefs, and judgments of the individuals who constitute the complex entity. I argue that aggregate rationality is too strong a normative requirement to impose (...) on courts and legislatures. Key Words: collective rationality • personification • adjudication • doctrinal paradox. (shrink)

This chapter contains section titled: Introduction A Characterization of Economic Analysis of Law Normativity Preference and Obligation Concluding Remarks Note References.

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In a recent paper on ‘The Many as One’, Lewis A. Kornhauser and Lawrence G. Sager look at an issue that we take to be of great importance in political theory. How far should groups in public life try to speak with one voice, and act with one mind? How far should public groups try to display what Ronald Dworkin calls integrity? We do not expect the many on the market to be integrated in this sense. But should (...) we expect integration among the many in the legislature, for example, or among the many on the courts? We agree with Kornhauser and Sager about a number of their claims but think that they miss out on important detail and do not achieve a fully general perspective on the issues raised. Our own contribution is in three sections. We address, first, the nature of the integrity challenge; second, the range of cases in which the challenge arises; and third, the question of whether public groups should be designed and required to meet that challenge. (shrink)

Cost-benefit analysis is a widely used governmental evaluation tool, though academics remain skeptical. This volume gathers prominent contributors from law, economics, and philosophy for discussion of cost-benefit analysis, specifically its moral foundations, applications and limitations. This new scholarly debate includes not only economists, but also contributors from philosophy, cognitive psychology, legal studies, and public policy who can further illuminate the justification and moral implications of this method and specify alternative measures. These articles originally appeared in the Journal of Legal Studies. (...) Contributors: - Matthew D. Adler - Gary S. Becker - John Broome - Robert H. Frank - Robert W. Hahn - Lewis A. Kornhauser - Martha C. Nussbaum - Eric A. Posner - Richard A. Posner - Henry S. Richardson - Amartya Sen - Cass R. Sunstein - W. Kip Viscusi. (shrink)

Metaphysicians should pay attention to quantum mechanics. Why? Not because it provides definitive answers to many metaphysical questions-the theory itself is remarkably silent on the nature of the physical world, and the various interpretations of the theory on offer present conflicting ontological pictures. Rather, quantum mechanics is essential to the metaphysician because it reshapes standard metaphysical debates and opens up unforeseen new metaphysical possibilities. Even if quantum mechanics provides few clear answers, there are good reasons to think that any adequate (...) understanding of the quantum world will result in a radical reshaping of our classical world-view in some way or other. Whatever the world is like at the atomic scale, it is almost certainly not the swarm of particles pushed around by forces that is often presupposed. This book guides readers through the theory of quantum mechanics and its implications for metaphysics in a clear and accessible way. The theory and its various interpretations are presented with a minimum of technicality. The consequences of these interpretations for metaphysical debates concerning realism, indeterminacy, causation, determinism, holism, and individuality are explored in detail, stressing the novel form that the debates take given the empirical facts in the quantum domain. While quantum mechanics may not deliver unconditional pronouncements on these issues, the range of possibilities consistent with our knowledge of the empirical world is relatively small-and each possibility is metaphysically revisionary in some way. This book will appeal to researchers, students, and anybody else interested in how science informs our world-view. (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

I offer a novel solution to the problem of counterfactual skepticism: the worry that all contingent counterfactuals without explicit probabilities in the consequent are false. I argue that a specific kind of contextualist semantics and pragmatics for would- and might-counterfactuals can block both central routes to counterfactual skepticism. One, it can explain the clash between would- and might-counterfactuals as in: If you had dropped that vase, it would have broken. and If you had dropped that vase, it might have safely (...) quantum tunneled to China. Two, it can explain why counterfactuals like can be true despite the fact that quantum tunneling worlds are among the most similar worlds. I further argue that this brand of contextualism accounts for the data better than other existing solutions to the problem. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

Putnam and Laudan separately argue that the falsity of past scientific theories gives us reason to doubt the truth of current theories. Their arguments have been highly influential, and have generated a significant literature over the past couple of decades. Most of this literature attempts to defend scientific realism by attacking the historical evidence on which the premises of the relevant argument are based. However, I argue that both Putnam's and Laudan's arguments are fallacious, and hence attacking their premises is (...) unnecessary. The paper concludes with a discussion of the further historical evidence that would be required if the pessimistic induction is to present a serious threat to scientific realism. (shrink)

This volume in the series celebrates the philosophy of American Donald Davidson, whose process covers different types of philosophy. Admired for developing a system based on his theory of mind and language, he considers two of his most central interests to be the concepts of truth and objectivity.

The Pneumatist school of medicine has the distinction of being the only medical school in antiquity named for a belief in a part of a human being. Unlike the Herophileans or the Asclepiadeans, their name does not pick out the founder of the school. Unlike the Dogmatists, Empiricists, or Methodists, their name does not pick out a specific approach to medicine. Instead, the name picks out a belief: the fact that pneuma is of paramount importance, both for explaining health and (...) disease, and for determining treatments for the healthy and sick. In this paper, we re-examine what our sources say about the pneuma of the Pneumatists in order to understand what these physicians thought it was and how it shaped their views on physiology, diagnosis and treatment. (shrink)

Drawing together researchers from diverse theoretical positions, the aim of this book is to work towards a coherent and unified account of how we develop an understanding of one's and others' mental states.

Biographical sketch.--Miscellaneous papers and extracts from letters.--Lectures on logic.--Plato's conception of goodness and the good.--Index.

Slippery slope arguments appear regularly whenever morally contested social change is proposed. Such arguments assume that all or some consequences which could possibly flow from permitting a particular practice are morally unacceptable.Typically, “slippery slope” arguments claim that endorsing some premise, doing some action or adopting some policy will lead to some definite outcome that is generally judged to be wrong or bad. The “slope” is “slippery” because there are claimed to be no plausible halting points between the initial commitment to (...) a premise, action, or policy and the resultant bad outcome. The desire to avoid such projected future consequences provides adequate reasons for not taking the first step.Thus the legalization of abortion in limited circumstances is asserted to lead down the slippery slope towards abortion on demand and even infanticide; and the legalization of assisted suicide to lead inexorably to the acceptance of voluntary euthanasia and subsequently to the sanctioning of the practice of nonvoluntary euthanasia – even involuntary euthanasia of “undesirable” individuals. (shrink)

All parties to the Sleeping Beauty debate agree that it shows that some cherished principle of rationality has to go. Thirders think that it is Conditionalization and Reflection that must be given up or modified; halfers think that it is the Principal Principle. I offer an analysis of the Sleeping Beauty puzzle that allows us to retain all three principles. In brief, I argue that Sleeping Beauty’s credence in the uncentered proposition that the coin came up heads should be 1/2, (...) but her credence in the centered proposition that the coin came up heads and it is Monday should be 1/3. I trace the source of the earlier mistakes to an unquestioned assumption in the debate, namely that an uncentered proposition is just a special kind of centered proposition. I argue that the falsity of this assumption is the real lesson of the Sleeping Beauty case. (shrink)

First published in 1997. Routledge is an imprint of Taylor & Francis, an informa company.

Can a machine think? More pointedly, if I am a machine, can I think? Beck answers these questions by analyzing two clusters of metaphors -- one of which dramatizes human beings as spontaneous agents (actors), and the other sees them as observers attempting to explain causally their own behavior and that of the actor (spectators). Using a hypothetical scene with two spectators, each explaining an action, and each representing a different way of viewing the world, Beck points up the central (...) philosophical problems raised by the varieties of ways in which we explain our own actions and those of others. (shrink)

Spontaneous collapse theories of quantum mechanics require an interpretation if their claim to solve the measurement problem is to be vindicated. The most straightforward interpretation rule, the fuzzy link, generates a violation of common sense known as the counting anomaly. Recently, a consensus has developed that the mass density link provides an appropriate interpretation of spontaneous collapse theories that avoids the counting anomaly. In this paper, I argue that the mass density link violates common sense in just as striking a (...) way as the fuzzy link, and hence should not be regarded as a problem-free alternative to the fuzzy link. Hence advocates of spontaneous collapse theories must accept some violation of common sense, although this is not necessarily fatal to their project. (shrink)

The twenty-sixth volume in the highly acclaimed Library of Living Philosophers series is devoted to the work of British philosopher of logic and metaphysician, P. F. Strawson. Following the Library of Living Philosophers series format, the volume contains an intellectual autobiography, twenty critical and descriptive essays by leading philosophers from around the world, Strawson's replies to the essays, and a bibliography of Strawson's works. Born in 1919, Strawson was a leading proponent of ordinary language philosophy. He is the author of (...) the early and extremely influential paper "On Referring" in which he criticized Russell's theory of definite descriptions. His most influential book, Individuals, helped to raise the status of metaphysics as a philosophical enterprise. Themes first addressed in this book continued to be of concern to him in his later work, including the possibility of objective knowledge, the subject-predicate distinction, the ontological status of persons, and the problem of individuation. Contributors to the book include: Ruth Garrett Millikan, Susan Haack, E. M. Adams, Panayot Butchvarov, Richard Behling, John McDowell, Simon Blackburn, Tadeusz Szubka, David Frederick Haight, Joseph S. Wu, Andrew G. Black, David Pears, Robert Boyd, Hilary Putnam, Paul F. Snowdon, Arindam Chakrabarti, Wenceslao J. Gonzalez, Ernest Sosa, Chung-M. Tse, John R. Searle, P. F. Strawson. (shrink)

This, the 21st volume in the Library of Living Philosophers, is more than Sir Alfred Ayer's final word on the philosophical issues that preoccupied him for more than sixty years; the list of contributors is a roll-call of some of the greatest living figures in philosophy, each expertly addressing a key problem arising in Ayer's work. Most of the critical papers are answered directly and in detail by Sir Alfred-he completed his replies to 21 of the 24 papers before his (...) death. Contributors include: A. J. Ayer, Evandro Agazzi, James Campbell, David S. Clarke, Michael Dummett, Elizabeth Eames, John Foster, Dimitri Ginev, Paul Gochet, Martin Hollis, Ted Honderich, Tscha Hung, Peter Kivy, Arne Naess, D. J. O'Connor, Desiree Park, David Pears, Azarya Polikarov, Hilary Putnam, Francisco Miró, Quesada C., A. Anthony Quinton, Emanuele Riverso, Ernest Sosa, T. L. S. Sprigge, Barry Stroud, and David Wiggins. (shrink)

As a Catholic nun, to suggest Jacqueline Pascal as autonomous might at first glance seem contradictory. We show that her moral deference to the divine is not at all forfeiting her autonomy, but that aligning her own law with God's law is to align her own law with rationality itself, that is, the laws of nature. Her theoretical structure begins with a theory of virtue—viz., how and to whom we have an obligation to be moral. For her, acting in accordance (...) with cultural restrictions or following church orders against her own conscience would be living by the laws of another and so not acting autonomously. Pascal would not live by other's laws, regardless of whether her actions conform to the categories by which society expected her to act. The framework for her laws laid in Pascal's understanding of self-governance: if she wants to act virtuously then she must autonomously follow God's law by making it her own through the sentiments of her heart. Thus, she cannot live by the laws of men, but by the laws of her human nature and in alignment with a rightly ordered universe, that is, God's law, which we show parallels with a Stoic framework of autonomy. (shrink)