In recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to (...) clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state. (shrink)

The methodology of eunomics -- Means, ends, and the idea of freedom -- The politics of affirmative freedom -- Natural law, sovereignty, and institutional design -- Why pluralism fails a pluralist society -- Obsolescent freedoms.

Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal ...

Since Herbert Hart’s “fresh start” encouraged us to interpret legal and political phenomena from an “internal point of view,” and Lon Fuller pointed out the severe constraints upon a conceptually viable construction of this view, jurisprudence has had little choice but to become, methodologically speaking, genuinely and critically sociological. By this, we mean that in breaking with the common-sensical half-truths which produced the imperative or command theory of law, the conceptual problem of modelling the practical rationale of the legal enterprise (...) for the purposes of a general description of the phenomenon as subject matter, has become central and acute. In the past 20 years or so, the sociological awareness of the need to transcend the flux of empirical subjectivity, as well as important recent reinterpretations of the tradition of Natural Law, does seem to put jurisprudence within striking distance of achieving a mature status of integration with the methodology of the social sciences; not merely as some adjunct to, or opportunity for, empirically oriented “social studies,” but, as the source of a genuine epistemological synthesis in the approach to the problem of conceptualising the very subject matter of social science, namely, social action at the institutional level. In terms of concept formation this has gone some way towards the rehabilitation of the idea of “essential” or “focal” viewpoints in contrast to the enthusiasm for the contingencies and relativity of historical, linguistic and cultural conventionalisms. (shrink)

La théorie du pronostic est un des éléments les plus importants (et les plus discutés) de la théorie de la science du droit d'Alf Ross. Cet article veut montrer que cette théorie du pronostic est incompatible avec les propres fondements théoriques de Ross, et notamment avec sa théorie des sources du droit et de l'interprétation. Elle doit être comprise comme une tentative réductionniste de la validité normative, qui a échoué par son incapacité à fournir à la recherche juridique les concepts (...) qui lui sont nécessaires. (shrink)

Quand, en 1936, le philosophe du droit et professeur de droit danois Alf Ross a publié un hommage à la Théorie pure du droit de Hans Kelsen dans un journal scandinave de science juridique, il s'associait à un mouvement de plus en plus présent dans la philosophie du droit européenne, qui était très critique à l'égard du « droit naturel ». Cependant, en même temps, il élaborait une critique significative de la théorie de Kelsen, qui a permis de conforter la (...) place de Ross lui-même en tant qu'imp.. (shrink)

More than a decade of research has found strong evidence for P(if A, then C) = P(C|A) (“the Equation”). We argue, however, that this hypothesis provides an overly simplified picture due to its inability to account for relevance. We manipulated relevance in the evaluation of the probability and acceptability of indicative conditionals and found that relevance moderates the effect of P(C|A). This corroborates the Default and Penalty Hypothesis put forward in this paper. Finally, the probability and acceptability of concessive conditionals (...) (“Even if A, then still C”) were investigated and it was found that the Equation provides a better account of concessive conditionals than of indicatives across relevance manipulations. (shrink)

This paper examines precursors and consequents of perceived relevance of a proposition A for a proposition C. In Experiment 1, we test Spohn's assumption that ∆P = P − P is a good predictor of ratings of perceived relevance and reason relations, and we examine whether it is a better predictor than the difference measure − P). In Experiment 2, we examine the effects of relevance on probabilistic coherence in Cruz, Baratgin, Oaksford, and Over's uncertain “and-to-if” inferences. The results suggest (...) that ∆P predicts perceived relevance and reason relations better than the difference measure and that participants are either less probabilistically coherent in “and-to-if” inferences than initially assumed or that they do not follow P = P. Results are discussed in light of recent results suggesting that the Equation may not hold under conditions of irrelevance or negative relevance. (shrink)

The heart has a high‐metabolic rate, and its “around‐the‐clock” vital role to sustain life sets it apart in a regenerative setting from other organs and appendages. The landscape of vertebrate species known to perform intrinsic heart regeneration is strongly biased toward ectotherms—for example, fish, salamanders, and embryonic/neonatal ectothermic mammals. It is hypothesized that intrinsic heart regeneration is exclusively limited to the low‐metabolic hearts of ectotherms. The biomedical field of regenerative medicine seeks to devise biologically inspired regenerative therapies to diseased human (...) hearts. Falsification of the ectothermy dependency for heart regeneration hypothesis may be a crucial prerequisite to meaningfully seek inspiration in established ectothermic regenerative animal models. Otherwise, engineering approaches to construct artificial heart components may constitute a more viable path toward regenerative therapies. A more strict definition of regenerative phenomena is generated and several testable sub‐hypotheses and experimental avenues are put forward to elucidate the link between heart regeneration and metabolism. Also see the video abstract here https://youtu.be/fZcanaOT5z8. (shrink)

Invited contributions were asked for statements of how they came to be acquainted with Wittgenstein’s work, the influence it had on their own work, and how they see Wittgenstein in relation to prevalent trends in contemporary philosophy. The weight given to the various elements in the invitation was left to the discretion of the contributors. Contributions have also been included from the Rush Rhees and Peter Winch archives. Articles by: Stanley Cavell, James Conant, Cora Diamond, İlham Dilman, P.M.S. Hacker, B.F. (...) McGuinness, Anthony Palmer, D.Z. Phillips, Rush Rhees, Joachim Schulte, Eike von Savigny, Georg Henrik von Wright, and Peter Winch. (shrink)

(Conference proceedings 2014) This presentation (International Development Ethics Association, July 2014) considers economic vulnerability, exploring the risk of deprivation of necessary resources due to a complex and rarely discussed vulnerability that arises from hope. Pierre Bourdieu’s sociological account of French petit-bourgeois aspiration in The Social Structures of the Economy has recently inspired Wendy Olsen to introduce the term “aspiration paradox” to characterize cases wherein “a borrower's status aspirations may contribute to a situation in which their borrowings exceed their capacity (...) to repay,” leaving the individual much the worse, due to an aspiration to betterment. If such financial opportunities were not made available to these people – if some were denied loans due to a careful assessment of their vulnerability – would they be better off? We should seriously consider that they might be. I will hazard the straightforwardly paternalistic suggestion that limiting access to lending to those who are vulnerable to their aspirations can be a just policy. Because aspiration paradox is a cross-cultural phenomenon, and because lending frequently involves asymmetries in mathematical education between borrowers and lenders, I hope to elude at least some of the charges of colonialism that have gained a stronger purchase on adaptive preference arguments. (shrink)

In this ambitious and highly original study, McCabe presents an intricately structured argument designed to demonstrate Plato’s concern with fundamental issues of rationality and personhood. In doing so, she pursues themes announced in her Plato’s Individuals and in Form and Argument in Late Plato, a collection she co-edited with Christopher Gill. The development of her position via consideration of the philosophical importance of characterization and the dialogue form in the Theaetetus, Sophist, Statesman, and Philebus leads her to focus in particular (...) on Plato’s depiction of his predecessors. These include, firstly, the Theaetetus’s Protagoras and Heraclitean flux theorists and the Sophist’s Parmenides and materialist giants, all “mean-minded opponents” whose views threaten the very possibility of rational inquiry. Refutation of them, accordingly, is Plato’s means of establishing certain basic principles of reason. (shrink)

It is widely agreed that because animals feel pain we should not make them suffer gratuitously. Some ethical theories go even further: because of the capacities that they possess, animals have the right not to be harmed or killed. These views concern what not to do to animals, but we also face questions about when we should, and should not, assist animals that are hungry or distressed. Should we feed a starving stray kitten? And if so, does this commit us, (...) if we are to be consistent, to feeding wild animals during a hard winter? In this controversial book, Clare Palmer advances a theory that claims, with respect to assisting animals, that what is owed to one is not necessarily owed to all, even if animals share similar psychological capacities. Context, history, and relation can be critical ethical factors. If animals live independently in the wild, their fate is not any of our moral business. Yet if humans create dependent animals, or destroy their habitats, we may have a responsibility to assist them. Such arguments are familiar in human cases-we think that parents have special obligations to their children, for example, or that some groups owe reparations to others. Palmer develops such relational concerns in the context of wild animals, domesticated animals, and urban scavengers, arguing that different contexts can create different moral relationships. (shrink)

In this paper, new evidence is presented for the assumption that the reason-relation reading of indicative conditionals ('if A, then C') reflects a conventional implicature. In four experiments, it is investigated whether relevance effects found for the probability assessment of indicative conditionals (Skovgaard-Olsen, Singmann, and Klauer, 2016a) can be classified as being produced by a) a conversational implicature, b) a (probabilistic) presupposition failure, or c) a conventional implicature. After considering several alternative hypotheses and the accumulating evidence from other studies (...) as well, we conclude that the evidence is most consistent with the Relevance Effect being the outcome of a conventional implicature. This finding indicates that the reason-relation reading is part of the semantic content of indicative conditionals, albeit not part of their primary truth-conditional content. (shrink)

Joint attention is an early-emerging and uniquely human capacity that lies at the foundation of many other capacities of humans, such as language and the understanding of other minds. In this article, I summarize what developmentalists and philosophers have come to find out about joint attention, and I end by stating that two problems or questions of joint attention require additional research: 1) the relation between joint attention and the skills for dyadic sharing or affect exchange in young infants, and (...) 2) the evolution of joint attention. (shrink)

In this paper, a critical discussion is made of the role of entailments in the so-called New Paradigm of psychology of reasoning based on Bayesian models of rationality (Elqayam & Over, 2013). It is argued that assessments of probabilistic coherence cannot stand on their own, but that they need to be integrated with empirical studies of intuitive entailment judgments. This need is motivated not just by the requirements of probability theory itself, but also by a need to enhance the interdisciplinary (...) integration of the psychology of reasoning with formal semantics in linguistics. The constructive goal of the paper is to introduce a new experimental paradigm, called the Dialogical Entailment task, to supplement current trends in the psychology of reasoning towards investigating knowledge-rich, social reasoning under uncertainty (Oaksford and Chater, 2019). As a case study, this experimental paradigm is applied to reasoning with conditionals and negation operators (e.g. CEM, wide and narrow negation). As part of the investigation, participants’ entailment judgments are evaluated against their probability evaluations to assess participants’ cross-task consistency over two experimental sessions. (shrink)

In this paper we apply the popular Best System Account of laws to typical eternal worlds – both classical eternal worlds and eternal worlds of the kind posited by popular contemporary cosmological theories. We show that, according to the Best System Account, such worlds will have no laws that meaningfully constrain boundary conditions. It’s generally thought that lawful constraints on boundary conditions are required to avoid skeptical arguments. Thus the lack of such laws given the Best System Account may seem (...) like a severe problem for the view. We show, however, that at eternal worlds, lawful constraints on boundary conditions do little to help fend off skeptical worries. So with respect to handling these skeptical worries, the proponent of the Best System Account is no worse off than their competitors. (shrink)

This important textbook introduces the six great arguments for the existence of God, as found in a wealth of primary sources from classic and contemporary texts. It requires no specialist knowledge of philosophy, and is ideally suited to students and teachers at school or university level. Sections include: * The Ontological Argument * The Cosmological Argument * The Argument from Design * The Argument from Miracles * The Moral Argument * The Pragmatic Argument. Additional features include: * revision questions * (...) key reading for each chapter and an extensive bibliography * illustrated biographies of key thinkers and their works * marginal notes and summaries of arguments. (shrink)

During a clinical ethics fellow’s first week of independent supervised service, two unhoused patients on the same floor were resisting the medical team’s recommendations to discharge. In the team’s view, both were medically stable and no longer required hospitalization in an acute setting. The medical team suspected malingering for both. The social worker and case manager had employed their usual means of gentle persuasion and eliminating psychosocial barriers to no avail. Rather than call the police, the attending physician, social worker, (...) and case manager decided to call ethics. These cases lead the fledgling fellow to consider the appropriate role for ethicists in difficult discharge cases. The article analyzes each case, evaluates their similarities and differences in the context of suspected malingering, and comments on ethical issues surrounding cases of suspected malingering. Finally, I reflect on the value and importance of developing and maintaining epistemic and professional independence. (shrink)

Habilitation thesis in psychology. The book consists of a collection of reasoning studies. The experimental investigations will take us from people’s reasoning about probabilities, entailments, pragmatic factors, argumentation, and causality to morality. An overarching theme of the book is norm pluralism and individual differences in rationality research.

Michael Palmer provides a detailed account of two of the most important theories of religion in the history of psychology--those of Freud and Jung. The book first analyzes Freud's claim that religion is an obsessional neurosis, a psychological illness fueled by sexual repression. He then considers Jung's rejection of Freud's theory, and his own assertion that it is the absence of religion, not its presence, which leads to neurosis.

This is a review of contemporary philosophical discussions of population policies. The focus is on normative justification, and the main question is whether population policies can be ethically justified. Although few analytical philosophers have directly addressed this question – it has been discussed more in other academic fields – many arguments and considerations can be placed in the analytical philosophical discourse. This article offers a comprehensive review and analysis of ethically relevant aspects of population policies evaluated on the basis of (...) the main ethical theories. This analysis is preceded by a brief historical contextualisation of when and how population policies became ethically contentious and how this relates to philosophical debates in environmental ethics, population ethics and political philosophy. The article also includes a conceptual analysis of population policies in which the empirical intricacies around individual fertility decisions are sorted out and the different ways in which they can be affected are categorised in a taxonomy which highlight the most relevant ethical aspects of population policies. The ethical analysis shows that while population policies can be justified on the basis of most ethical theories, it all depends on what prior assumptions are made about what is at stake. (shrink)

This is a paperback edition of what has become an important contribution to aesthetics and the theory of literature. The author analyses in detail how the reader responds to literature and how he begins to evaluate it. Mr Olsen characterizes literature as an institution and thus forges links with contemporary philosophy which sees all human action as ordered and defined by social institutions.

This book presents the first study of the development of the theory of modal syllogistic in the Middle Ages.

There is increased recognition of a common suite of global challenges that hamper food system sustainability at the community scale. Food price volatility, shortages of basic commodities, increased global rates of obesity and non-communicable food-related diseases, and land grabbing are among the impediments to socially just, economically robust, ecologically regenerative and politically inclusive food systems. While international political initiatives taken in response to these challenges and the groundswell of local alternatives emerging in response to challenges are well documented, more attention (...) is needed to the analysis of similarities between community approaches to global pressures. While we are not suggesting the application of a template set of good practices, the research reported in this paper point to the benefits of both sharing good practices and enabling communities to adopt good practices that are suited to their place-based capacities. The work also suggests that sharing community-derived good practices can support and reinforce global networks of sustainable community food systems, foster knowledge co-creation and ultimately cement collective action to global pressures. In turn these networks could enhance the sustainability and resilience of community food systems and facilitate wide scale food system transformation. (shrink)

Recent philosophical discussion about the relation between fiction and reality pays little attention to our moral involvement with literature. Frank Palmer's purpose is to investigate how our appreciation of literary works calls upon and develops our capacity for moral understanding. He explores a wide range of philosophical questions about the relation of art to morality, and challenges theories that he regards as incompatible with a humane view of literary art. Palmer considers, in particular, the extent to which the (...) values and moral concepts involved in our understanding of human beings can be said to enter into our understanding of, and response to, fictional characters. The scope of his discussion encompasses literary aesthetics, ethics, and epistemology, and he makes extensive reference to literary examples. (shrink)

I Two Traditions. Scientific inquiry, seen in a very broad perspective, may be said to present two main aspects. One is the ascertaining and discovery of ...

Images of nature abound in the practice of international environmental law but their significance in law is unclear. Drawing on visual jurisprudence, and interpretative methods for visual art, this book analyses photographs for their representations of nature's aesthetic value in treaty processes that concern world heritage, whales and biodiversity. It argues that visual images should be embraced in the prosaic practice of international law, particularly for treaties that demand judgements of nature's aesthetic value. This environmental value is in practice conflated (...) with natural beauty, ethical and cultural values, and displaced by economic and scientific values. Interpretations of visual images can serve instead to critique and conceive sensory, imaginative and emotional appreciations of nature from different cultural perspectives as proposed by philosophers of environmental aesthetics. Addressing questions of value and the visual, this landmark book shows how images can be engaged by nations to better protect the environment under international law. (shrink)

What makes a visually appealing landscape? How can the design and use of a landscape be harmonised? In this significantly revised and updated third edition of Simon Bell's seminal text, he further explores the answers to these questions by interrogating a range of design principles, applications and ideas. Written for students, instructors and professionals, the book unveils a visual design vocabulary for anyone involved with landscape aesthetics including landscape architects, architects, planners, urban designers, landscape managers, foresters, geographers and ecologists. Structured (...) around key design terms, which are explained and illustrated using an extensive range of examples from around the world, including North America, Europe and Asia, this book enables you to describe, debate and design the visual landscape. It starts with basic elements, before moving onto variable design components, and then the ways these elements are organized into compositions, in order to demonstrate how landscapes are created and how meanings and patterns are perceived within them. This new full colour edition contains over 240 images; an updated introduction; examples from China, Vietnam, and central Asia; a chapter on how to read and understand visual design elements in the landscape; a teaching model for instructors; and expanded appendix materials including a glossary, references and further reading. (shrink)

This primer on authentic education explores how mind and heart can work together in the learning process. Moving beyond the bankruptcy of our current model of education, Parker Palmer finds the soul of education through a lifelong cultivation of the wisdom each of us possesses and can share to benefit others.

Ranking theory is one of the salient formal representations of doxastic states. It differs from others in being able to represent belief in a proposition (= taking it to be true), to also represent degrees of belief (i.e. beliefs as more or less firm), and thus to generally account for the dynamics of these beliefs. It does so on the basis of fundamental and compelling rationality postulates and is hence one way of explicating the rational structure of doxastic states. Thereby (...) it provides foundations for accounts of defeasible or nonmonotonic reasoning. It has widespread applications in philosophy, it proves to be most useful in Artificial Intelligence, and it has started to find applications as a model of reasoning in psychology. (shrink)

Suppose that two competing norms, N1 and N2, can be identified such that a given person’s response can be interpreted as correct according to N1 but incorrect according to N2. Which of these two norms, if any, should one use to interpret such a response? In this paper we seek to address this fundamental problem by studying individual variation in the interpretation of conditionals by establishing individual profiles of the participants based on their case judgments and reflective attitudes. To investigate (...) the participants’ reflective attitudes we introduce a new experimental paradigm called the Scorekeeping Task. As a case study, we identify the participants who follow the Suppositional Theory of conditionals (N1) versus Inferentialism (N2) and investigate to what extent internally consistent competence models can be reconstructed for the participants on this basis. After extensive empirical investigations, an apparent reasoning error with and-to-if inferences was found in one of these two groups. The implications of this case study for debates on the proper role of normative considerations in psychology are discussed. (shrink)

The claim that there are bare particulars — individuals possessing no properties — is a highly controversial thesis in metaphysics. It has been heavily criticized and is often thought to be subject to a number of decisive counterarguments, some of which aim to show that there is something incoherent about the very idea of a bare particular. I believe that the theory of bare particulars can, given certain modifications, be defended from such accusations. But the fact that a theory is (...) not incoherent does not suffice for it to be a good theory, and I believe that the theory of bare particulars — although capable of coherence — is a deeply unsatisfactory theory in metaphysics, for reasons rarely appreciated in the discussion. In sections 2 and 3 of this paper, I introduce the notion of a bare particular by presenting two of the central theoretical tasks for which the postulation of such entities has been thought necessary. In section 4, I present three of the classical arguments intended to show that the theory of bare particulars is fundamentally flawed or even incoherent. In section 5, I argue that if we adopt what I call the minimal view of bare particulars, the theory can handle all of these objections. Finally, in section 6, I argue that despite not being undermined by the classical arguments, the minimal view of bare particulars makes it highly implausible to suppose that there are any entities of that kind. The theory of bare particulars can be made coherent only at the cost of being made highly theoretically unattractive. (shrink)

This book aims at beginning the rewriting of the history of skepticism by highlightening the medieval sources of the modern skeptical discussions.

Distributive justice decision making tends to require a trade off between different valued outcomes. The present study tracked computer mouse cursor movements in a forced-choice paradigm to examine for tension between different parameters of distributive justice during the decision-making process. Participants chose between set meal distributions, to third parties, that maximised either equality (the evenness of the distribution) or efficiency (the total number of meals distributed). Across different formulations of these dilemmas, responding was consistent with the notion that individuals tend (...) to base decisions in part on the magnitude of these parameters. In addition, dilemmas associated with inconsistent responding across the sample tended to elicit the greatest spatial deviation of the cursor, potentially reflecting dilemma difficulty. One interpretation of these results is that individuals value equality and efficiency in such a way that moral dilemmas are resolved by comparing the perceived value of these qualitatively different parameters, consistent with a value pluralistic framework of decision making. A post-hoc analysis indicated that individuals also incorporated sufficiency concerns during distributive justice decision making. The results are discussed in relation to political philosophy. (shrink)

Deliberative democratic theorists typically use accounts of public reason— that is, constraints on the types of reasons one can invoke in public, political discourse—as a tool to resist political exclusion; at its most basic level, the aim of a theory of public reason is to prevent situations in which powerful majority groups are able to justify policy choices based on reasons that are not even assessable by minority groups. However, I demonstrate here that a type of exclusion I call "conceptual (...) exclusion" complicates this picture. I argue that the possibility of conceptual exclusion creates the potential for public reason constraints to further exclude already marginalized groups— contrary to the standard view—and thus that taking conceptual exclusion seriously requires both a revision of traditional accounts of public reason and a reconceptualization of our civic obligations. (shrink)

A set of moral problems known as The Trolley Dilemmas was presented to 3000 randomly selected inhabitants of the USA, Russia and China. It is shown that Chinese are significantly less prone to support utility-maximizing alternatives, as compared to the US and Russian respondents. A number of possible explanations, as well as methodological issues pertaining to the field of surveying moral judgment and moral disagreement, are discussed.

This thesis explores whether the three standard value relations, “better than”, “worse than” and “equally as good”, exhaust the possibilities in which things can relate with respect to their value. Or more precisely, whether there are examples in which one of these relations is not instantiated. There are cases in which it is not obvious that one of these relations does obtain; these are referred to as “hard cases of comparison”. These hard cases of comparison become interesting, since if it (...) not the case that the standard three value relations obtains in these cases then the three standard relations do not exhaust the possibility of instantiated value relations. It is argued that for some of the hard cases of comparison, the standard relations determinately obtain. For some it is indeterminate, due to vagueness, which of the three relations obtains, but it is determinate that one of them obtains. Thereafter it is argued that the influential Collapsing Argument fails in ruling out other accounts of the hard cases of comparison. Since one cannot depend on the Collapsing Argument in order to conclude that all items are related by the standard three relations, the investigation continues. It is argued that none of the hard cases of comparison are cases of incomparability. Furthermore, none of them are cases of a fourth basic positive value relation such as “parity”. Consequently, for all the hard cases of comparison one of the standard value relations holds, although sometimes we do not know which one and sometimes it is indeterminate which one holds. This means that there is no reason to assume that one of the standard three value relations does not hold between items we are comparing. This is followed by a brief discussion about the normative consequences of this result. The thesis ends with four different appendices in which related topics are discussed. (shrink)