Many contemporary legal positivists have argued that legal theory is evaluative because it requires the theorist to make judgments of importance. At the same time they argue that it is possible to know without resort to evaluative considerations. I distinguish between two senses of : in one sense it refers to legal validity, in another to the content of legal norms, and I argue that legal positivism is best understood (as indeed some legal positivists have explicitly said) as a claim (...) about legal content. Understood this way, however, it is open to the objection that knowing the content of legal norms requires evaluative considerations for reasons similar to those offered by positivists for thinking that legal theory is requires evaluative considerations. I then distinguish between evaluative considerations in general and moral considerations and argue that because of the subject-matter of legal norms, there are good reasons for thinking that it is moral considerations, and not just any other evaluative considerations, that are required for knowing the content of legal norms. (shrink)

Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the aim should be (...) to discover the values because of which certain things in the world are classified as law and others as non-law. Focusing on those would give us a more insight to the roles law plays in society, as well as more illuminating answers to traditional jurisprudential questions like the status of law in evil regimes. (shrink)

Many of the current debates in jurisprudence focus on articulating the boundaries of law. In this essay I challenge this approach on two separate grounds. I first argue that if such debates are to be about law, their purported subject, they ought to pay closer attention to the practice. When such attention is taken it turns out that most of the debates on the boundaries of law are probably indeterminate. I show this in particular with regard to the debate between (...) inclusive and exclusive positivists: I present several ways of understanding what this debate is about and argue that none of them is defensible. My second argument focuses more on the purpose of jurisprudential inquiry. I argue there that even if some jurisprudential debates have determinate answers, it does not follow that they deserve our attention, because not all true facts are worth knowing. After discussing and rejecting the claim that jurisprudence could be justified as knowledge for its own sake, I propose one possible justification for engaging in legal philosophy and outline its implications for the kind of issues that should be pursued. (shrink)

Responds to Leiter's naturalist/realist approach to jurisprudence - particularly his claim that such an approach implies exclusive positivism. Considers analogy with naturalized epistemology. "With regard to the first step the realists were anti-foundationalists in the sense that they 'denied that legal reasons justify a unique decision: the legal reasons underdetermine the decision '. The second step, the replacement suggests that instead of a justificatory account of adjudication, i.e. some prescription as to how judges should decide cases, the reaslists provided an (...) empirical description o fhow judges actually decide cases." Notes that positivists are generally commited to a moderate foundationalism by their acceptance of a RoR. "[T]he analogy with the epistemological anti-foundationalist thesis would suggest that foundationalism in law is committed to the view that if X is a legal norm, it is a legal norm in virtue of inference from self-validating foundations. There is nothing in this view that commits the legal foundationalist to the view that legal norms necessarily cover the entire practical domain, and therefor provide a determinate answer to every practical question...Now, if the anti-foundationl step fails, then we need not, indeed must not, take the second step, because if we take it, we will lsoe something of great importance for our understanding of law. If legal norms qua reasons are part of what determines the outcome of cases, then in order to understand how legal decisions are reached, we cannot disregard them." If Leiter rejects this moderate foundationalism, then it is in tension with his other claim that the realists were positivists. Goes on to argue that nothing in the realist program contributes to the hard vs. soft positivism debate and, in fact, does nothing to substantiate positivism. Offers brief explication of "positivism of norms". (shrink)

The rhetorical view suggests that the goal of factual ar- gumentation in legal proceedings is to persuade the fact-finder about the facts under litigation. However, R does not capture our social expecta- tions: we want fact-finders to know the facts justifying their decisions, and persuasion does not necessarily lead to knowledge. I want to present an epistemic theory of argumenta- tion honoring our expectations. Un- der my account, factual argumenta- tion aims to transmit knowledge to the fact-finder.

According to the epistemic account of request normativity, a request gives us reasons by revealing normatively relevant information. The information is normative, not the request itself. I raise a new objection to the epistemic account based on situations where we might try to avoid someone requesting something of us. The best explanation of these situations seems to be that we do not want to acquire a new reason to do something. For example, if you know I am going to ask (...) you to read a draft of my paper, you might avoid running into me so as to avoid acquiring a reason to read a draft of my paper. I then argue that the epistemic account can successfully reply to this objection and that in fact the epistemic account does a better job of accounting for cases like this than competing views of the normativity of requests. (shrink)

There is ample discussion of MBA self-serving values in the corporate social responsibility literature, and yet empirical studies regarding the corporate manifestations and consequences of those values are scant. In a comprehensive study of major US public corporations, we find that MBA CEOs are more apt than their non-MBA counterparts to engage in short-term strategic expedients such as positive earnings management and suppression of R&D, which in turn are followed by compromised firm market valuations.

Building on previous works which argued that scalar implicatures can be computed in embedded positions, this paper proposes a constraint on exhaustification which restricts the conditions under which an exhaustivity operator can be licensed. We show that this economy condition allows us to derive a number of generalizations, such as, in particular, the ‘Implicature Focus Generalization’: scalar implicatures can be embedded under a downward-entailing operator only if the scalar term bears pitch accent. Our economy condition also derives specific predictions regarding (...) the licensing of so-called Hurford disjunctions. (shrink)

The article examines the compatibility of agonistic democracy and populism as well as their relationship to the idea of constitutionalism. The first part shows that Chantal Mouffe’s recent attempts to reconcile her normative approach of an agonistic pluralism with a populist style of politics are not fully convincing. Although there are undeniable commonalities between an agonistic and a populist understanding of politics – the appreciation of conflict, the rejection of moralistic and juridical modes of conflict resolution etc. – the populist (...) mode of the construction of the people (and the denunciation of political opponents as enemies of the people) risks impeding the transformation of antagonistic into agonistic modes of political contest. The tensions between agonism and populism are especially evident in matters of constitutionalism. This topic is examined in the second part of the article, which provides some ideas for reducing the normative and institutional blind spots of contemporary theories of agonistic democracy. It focuses on elementary principles for an agonistic concept of democratic constitutionalism that differs from the populist view of the relationship between politics and law, especially in respect of its interpretation of the concept of ‘resistibility’ of legal norms. (shrink)

The computation of both Scalar Implicatures (SI) and Association with Focus (AF) is characterized with reference to sets of alternatives. However, it has generally been assumed that the relevant alternatives are determined in different ways for the two processes. Specifically, it has been assumed that the alternatives for SI – scalar alternatives – are computed by a special procedure specifically designed for implicatures, whereas the alternatives for AF – focus alternatives – are determined by the general theory of association with (...) focus – focus semantics. As far as we know, the only attempt to connect the two is Krifka (1995), under which scalar alternatives and focus alternatives are identical and determined by focus semantics. However, Krifka’s result is based on a specific stipulation about scalar items, which he borrows from Horn and incorporates into focus semantics, namely that scalar items are inherently focused and have their Horn Scale as their lexically specified focus values. (shrink)

Matthew Kramer has recently proposed a distinction between norms that are free-floating and those that are not. The distinction, he argued, enables us to distinguish between norms that can be incorporated into the law and those that cannot. In this essay I argue that his distinction is based on several theoretical errors, and that even if it were successful, it is unclear why his distinction is relevant for the question of the boundaries between law and morality. I also provide many (...) examples from actual legal systems of legal norms that do not correspond to Kramer’s distinction. I conclude the essay by suggesting that Kramer’s argument exemplifies a prevalent problem in contemporary legal philosophy, in which much work is often based on simplistic models of law and uses them to develop ‘conceptual’ arguments for what closer attention to the facts shows are empirical questions. As a result many current jurisprudential debates are not helpful for understanding legal phenomena. Recognizing this point is important for reorienting legal philosophy towards other questions which would be more helpful for illuminating its subject-matter. (shrink)

At the provincial council elections of the 13th of december 1987 only one of the three traditional political families made a general progress, namely the socialists. Mainly in Wallonia the socialists improved their position seriously. In this part of the country they are the only and absolute winners of these provincial elections. The christian-democrats and the liberals were subject of a severe decline. Por the christian-democrats this decline was mainly situated in Flanders. The liberals had a serious decline in W (...) allonia, that couldn't be counterbalanced by the small progress they made in Flanders. The ecologists made progress, mostly in the Flemish part of the country and in Brussels. By the federalist parties the Volksunie had a loss of three provincial council seats in Flanders, but the seperatistic and extreme right party Vlaams Blok won two seats. The communists disappeared totally from the provincial councils in Belgium. The results of the provincial council elections had a similar profile as these of the House of Representatives and the Senate which where held at the same day. (shrink)

The Iran depicted in the headlines is a rogue state ruled by ever-more-defiant Islamic fundamentalists. Yet inside the borders, an unheralded transformation of a wholly different political bent is occurring. A “liberal renaissance,” as one Iranian thinker terms it, is emerging in Iran, and in this pamphlet, Danny Postel charts the contours of the intellectual upheaval. _Reading "Legitimation Crisis" in Tehran_ examines the conflicted positions of the Left toward Iran since 1979, and, in particular, critically reconsiders Foucault’s connection to (...) the Iranian Revolution. Postel explores the various elements of the subtle liberal revolution and proposes a host of potential implications of this transformation for Western liberalism. He examines the appeal of Jürgen Habermas, Hannah Arendt, and Isaiah Berlin among Iranian intellectuals and ponders how their ideas appear back to us when refracted through a Persian prism. Postel closes with a thought-provoking conversation with eminent Iranian philosopher Ramin Jahanbegloo. A provocative and incisive polemic highly relevant to our times, _Reading "Legitimation Crisis" in Tehran_ will be of interest to anyone who wants to get beyond alarmist rhetoric and truly understand contemporary Iran. (shrink)

Judith Jarvis Thomson and others contend that rights are pro-tanto rather than absolute, that is, that rights may permissibly be infringed in some circumstances. Alan Gewirth maintains that there are some rights that are absolute because infringing them would amount to unspeakable evil. However, there seem to be possible circumstances in which it would be permissible to infringe even those rights. Specificationists, such as Gerald Gaus, Russ Shafer-Landau, Hillel Steiner and Kit Wellman, argue that all rights are absolute because they (...) have implicit exceptions, the exceptions being either right-voiding or right-compatible. Specificationists have charged pro-tantoism with preventing rights from being action-guiding, and pro-tantoists have levelled the same charge against specificationism. I show that both charges are mistaken. Pro-tantoists claim that specificationists cannot account for the moral remainder that we recognise in some circumstances and which can be explained by reference to a permissible right-infringement. Specificationists retort that the moral remainder can be explained by invoking compensation-rights. I show that the pro-tantoist claim is true and that the specificationist retort is false on two counts: explanation in terms of compensation-rights is not applicable to all cases; and it fails to account for the moral dynamic in the cases to which it is applicable. The contention that rights are pro-tanto does not conflict with the substance of the contention that rights are trumps, despite claims of specificationists to the contrary. (shrink)

In this paper, the process for firms to decide whether or not to invest in corporate social responsibility is treated from a real option perspective. We extend the Husted framework with an important extra parameter that allows us to understand the timing of CSR investment and explain why some companies drag their feet over CSR investments. Our model explicitly allows for the impact of the opportunity cost of delaying the CSR investment decision, providing firms with tools to determine the optimal (...) moment of exercising the CSR investment option. We illustrate our timing model through a case study and analyze governmental support strategies for CSR from a real options perspective. (shrink)

The literature on the interplay between geographic communities and organizations has largely ignored the role of individual residents. In adopting a meso-perspective, we examine a potentially vital relationship between corporate conduct and pro-social behavior demanding sacrifice from individuals. Drawing on Weber ), we theorize that organizations in a community legitimize personal social conduct in three ways—by serving as role models, imparting norms and values, and routinizing forms of interaction. We study the relationship between corporate social responsibility behavior by local firms (...) and the social distancing of citizens in US counties during the Covid-19 pandemic, a core ethical outcome. We argue and find that the residents of communities in which firms exhibit higher levels of CSR engaged in more SD during the Covid-19 pandemic. This was true when firms were long-established, isomorphic in their CSR, and major employers and vendors. Moreover, CSR relating to the treatment of employees as well as positive and negative extremes in CSR bore especially strong relationships with SD. Implications are drawn for the study of business ethics, as modeled by CSR, as a force for ethical personal behavior and public health in communities. (shrink)

It is commonly claimed that the conclusion of a valid deductive argument is contained in its premises and says nothing new. In 'Deduction and Novelty,' in The Reasoner 5 (4), pp. 56-57, I refuted that claim. In The Reasoner, 8 (3), pp. 24-25, David McBride criticised my refutation. I show that McBride’s arguments are unsound.

Scanlon (2008) has argued that his theory of permissibility (STP) has more explanatory power than the Doctrine of Double Effect (DDE). I believe this claim is wrong. Borrowing Michael Walzer’s method of inquiry, I will evaluate the explanatory virtue of these accounts by their understanding of actual moral intuitions originated in historical cases. Practically, I will evaluate these accounts as they explain cases of hostage crises. The main question in this context is: is it permissible that nation-states act with military (...) force in order to liberate hostages, even if those actions put the lives of the hostages at risk? The first part of this paper has an operative reconstruction of the relevant theories. In the second section, two cases of hostage crises will be considered: the Moscow theater hostage crisis of 2002, and the Jaque Operation, which occurred in Colombia in 2008. Additionally, it will be shown that DDE explains these cases better than STP. Finally, this paper offers a critical analysis of Scanlon’s account of the explanatory power of both STP and DDE. (shrink)

Disability rights (DR) advocates have consistently opposed the legalization of physician-assisted dying (PAD) on the grounds that it wrongly discriminates against the disabled. This chapter distinguishes three variants of this objection. The first and perhaps primary one, based on “soft paternalism,” claims that PAD should not be legalized for the sake of those who might choose it. The second alleges that the laws harm all disabled people by encouraging support for PAD as the cheaper alternative to providing the disabled more (...) social support and protection from discrimination. The third alleges that legalized PAD harms all disabled people by expressing the denigrating message that their lives are less valuable than those of the able. The chapter finds that whatever the merits of the first two objections, DR advocates cannot consistently accept them while maintaining support for a legal right to reject unwanted treatment. It also finds grounds to doubt the cogency of the third objection. (shrink)

This first anthology of the most important writings by Danny Siegel, spanning and modernizing fifty years of his insights, Radiance intersperses soulful Jewish texts with innovative Mitzvah ideas to rouse individuals and communities to transform our lives, communities, and world.

One-page summary of the case for why it is not wrong to eat meat.

In contrast to eminent historical philosophers, almost all contemporary philosophers maintain that slavery is impermissible. In the enthusiasm of the Enlightenment, a number of arguments gained currency which were intended to show that contractual slavery is not merely impermissible but impossible. Those arguments are influential today in moral, legal and political philosophy, even in discussions that go beyond the issue of contractual slavery. I explain what slavery is, giving historical and other illustrations. I examine the arguments for the impossibility of (...) contractual slavery propounded in the Enlightenment and their offspring expounded in recent writings, including those by Barnett, Cassirer, Ellerman, Rawls, Roberts-Thomson, Satz and Steiner. I show that they involve confusions between abilities and rights, free will and freedom, directing and doing, what may be true sequentially and what may be true simultaneously, default rights and universal rights, impermissibility and impossibility, and metaphorical and literal uses of language. (shrink)

Social science employs teleological explanations which depend upon the rationality principle, according to which people exhibit instrumental rationality. Popper points out that people also exhibit critical rationality, the tendency to stand back from, and to question or criticise, their views. I explain how our critical rationality impugns the explanatory value of the rationality principle and thereby threatens the very possibility of social science. I discuss the relationship between instrumental and critical rationality and show how we can reconcile our critical rationality (...) with the possibility of social science if we invoke Popper’s conception of limited rationality and his indeterminism. (shrink)

I criticize Brian Earp's ‘Some Writing Tips for Philosophy’. Earp's article is useful for someone who wishes to do well in analytic philosophy as currently practised but it also casts doubt on why such analytic philosophy would be of interest to someone who wants to learn something new. In addition to its good tips, Earp's article contains two bad tips which, if followed, will tend to produce a paper that says next to nothing. I list the two faulty tips, show (...) how the practices of great philosophers and scientists contradict them, then set out some contrary good tips for philosophers who aim to write a paper that makes a contribution to our knowledge. (shrink)

The article inquires about the role of language in Cristina Peri Rossi’s Panic Signs [Indicios pánicos]. The hypothesis of the work is that language, as a mimetic instrument of representation and creation, established itself as a way to upgrade the relations of power during the Uruguayan pre-dictatorship. Being a qualitative research based on a hermeneutical approach, the article has the following aims: i) reconstruct the background to the dictatorship leaded by Juan Maria Bordaberry, ii) frame the work within the tradition (...) of dictator novel following Lukács’ socio-critical approach and Pierre Bourdieu’s field theory, iii) explain how language works as an instrument of representation and power, iv) analyze Peri Rossi’s work in the light of the aforementioned framework. It concludes, first, that the work responds to a mimetic language of representation, which involves taking a stance that is based on the notions of hegemony or counter-hegemony; and, second, that provided the scarce studies concerning the circumstantial situations of the work, the article might be regarded as a significant contribution to literary criticism. (shrink)

Karl Popper lamented the prevalence of dogmatic argument in philosophy and commended the kind of critical argument that is found in the sciences. David Miller criticises the uncritical nature of so-called critical thinking because of its attachment to dogmatic arguments. I expound and clarify Popper’s distinction between critical and dogmatic arguments and the background to it. I criticise some errors in Miller’s discussion. I reaffirm the need for philosophers to eschew dogmatic arguments in favour of critical ones.

This book provides a succinct, student-friendly outline of the principles, approaches, and issues in participant observation. An examination of these basic tenets is important for clarifying the philosophical rationale for conducting participant observation, making important research decisions, and appreciating the strengths and weaknesses of different approaches within the method. Participant observation as a formal means of inquiry is developed in close relation with the competing approaches of reality (ontology), truthfully apprehending reality (epistemology), and formal research (methodology). In this volume Jorgensen (...) discusses the resulting methodologies of positivism, humanism, and most recently postmodernism in relation to principles, approaches, and issues in participant observation. Specific features of participant observation, as exemplified in a wide range of classic and contemporary studies, are examined by way of these methodological approaches along with the troublesome complexities of values, politics, ethics, and contemporary debates over appropriate representations of the resulting findings about human life. This concise primer is suitable for undergraduate and graduate students in a wide range of disciplines such as anthropology, religious studies, sociology and nursing. (shrink)

It is natural to think of legal positivism and jurisprudential naturalism as intellectually allied ideas. Legal positivism is associated with the idea that law is a matter of social fact; naturalism is a philosophical tenet that, among other things suggests the importance of scientific findings and methods to philosophy. At the very least, there seems to be a close family resemblance between the two views. In this essay, I challenge this view from a naturalistic perspective. I show that the best-known (...) proponents of legal positivism in the twentieth century all rejected naturalism. I dedicate most of my discussion to H.L.A. Hart’s version of legal positivism, as it appears superficially friendly to naturalism. I show that throughout his career and in writings on a wide range of topics, Hart consistently argued against the applicability of the methods of science to the explanation of social phenomena. This is not a small matter: I argue that it is this anti-naturalistic stance that contributed to his descriptively faulty account of adjudication. After reviewing more briefly the work of other leading legal positivists, I argue in my conclusion that those seeking to advance a naturalistic approach to law should turn their backs of much of twentieth-century legal positivism, which in various guises has been hostile to naturalism. (shrink)

Summary This paper reconceptualizes Thomas Clifford Allbutt's contributions to the making of scientific medicine in late nineteenth-century England. Existing literature on Allbutt usually describes his achievements, such as his design of the pocket thermometer and his advocacy of the use of the ophthalmoscope in general medicine, as independent events; and his work on the development of comparative pathology is largely overlooked. In this paper I focus on this latter aspect. I examine Allbutt's books and addresses and claim that Allbutt argued (...) for the centrality of comparative pathology in the advancement of medical knowledge. He held that diseases should be studied as biological phenomena and that medicine should be made a biological science. He also argued that comparative pathology should be based upon the idea of evolution, and its study should embrace other nineteenth-century sciences including neurology, embryology and bacteriology. Allbutt's writings reveal that his endorsement of comparative pathology, his promotion of the use of the ophthalmoscope and the thermometer in clinical medicine, and his support of the hospital unit system were part of a single programme. All were grounded in his scientific vision of medicine which emphasized a research culture, a stringent nosological attitude and an integration of laboratory sciences and clinical medicine. (shrink)

In the last three decades or so a prominent view among legal philosophers has been that while legal theory is evaluative because it requires making judgments of importance, it can remain morally neutral. This view, which I call the ‘orthodox view’, was first articulated by Joseph Raz and has since been supported by many other prominent legal philosophers. In this essay I examine it, and argue that it is indefensible. I begin by examining the terms ‘description’ and ‘evaluation’, and show (...) that they are ambiguous in a way that most current discussion does not realize. I then rely on this analysis to develop several arguments against the orthodox view. I argue that defenders of the orthodox view have considered only one such argument, and that even with regard to this one their response is unsuccessful. (shrink)