Rules are a central component of such diverse enterprises as law, morality, language, games, religion, etiquette, and family governance, but there is often confusion about what a rule is, and what rules do. Offering a comprehensive philosophical analysis of these questions, this book challenges much of the existing legal, jurisprudential, and philosophical literature, by seeing a significant role for rules, an equally significant role for their stricter operation, and making the case for rules as devices for the allocation of power (...) among decision-makers. (shrink)

Ideal for undergraduate courses in philosophy of law, this comprehensive anthology examines such topics as the concept of law, the dispute between natural law theorists and legal positivists, the relations between law and morality, criminal responsibility and legal punishment, the rights of the individual against the state, justice and equality, and legal evidence as compared with scientific evidence. The readings have been selected from both philosophy and law journals and include classic texts, contemporary theoretical developments, and well-known recent court cases. (...) The text features extensive introductions that make even the most profound writings accessible to undergraduates. (shrink)

The essays in this volume are all concerned with the arguments about law as a system of rule-based decision-making,particularly the ideas advanced by legal philosopher Frederick Schauer. Schauer's work has not only helped revive interest in legal formalism but has also helped relocate arguments about the relationship between posited rules and morality. The contributors to this volume, themselves distinguished theorists, have concentrated on three aspects of Schauer's work: the nature of jurisprudential description; his theory of presumptive positivism; (...) and the application of his theory of rule-based decision-making to other areas of legal and moral thought. Contributors: Larry Alexander, Brian Bix, Philip Bobbitt, Marianne Constable, Michael C. Dorf, Jeremy Elkins, Claire Oakes Finkelstein, Leo Katz, Jason Johnston, Dennis Patterson. (shrink)

A noticeable shift in focus has occurred in public discourse from What is our best course of action? to What are the true facts of the situation? At the center of these debates are questions on the proper use of evidence, Legal scholar Schauer offers clarity based on how legal systems grapple with these questions-and by drawing insights from psychology, philosophy, economics, history, and decision theory.

Appearing in English for the first time, Schelling’s 1842 lectures develop the idea that many philosophical concepts are born of religious-mythological notions.

The notorious ‘measurement problem’ has been roving around quantum mechanics for nearly a century since its inception, and has given rise to a variety of ‘interpretations’ of quantum mechanics, which are meant to evade it. We argue that no less than six problems need to be distinguished, and that several of them classify as different types of problems. One of them is what traditionally is called ‘the measurement problem’. Another of them has nothing to do with measurements but is a (...) profound metaphysical problem. We also analyse critically Maudlin’s (Topoi 14:7–15, 1995) well-known statement of ‘three measurements problems’, and the clash of the views of Brown (Found Phys 16:857–870, 1986) and Stein (Maximal of an impossibility theorem concerning quantum measurement. In: R. S. Cohen et al. (Eds.), Potentiality, entanglement and passion-at-a-distance, 1997) on one of the six measurement problems. Finally, we summarise a solution to one measurement problem which has been largely ignored but tacitly if not explicitly acknowledged. (shrink)

This paper starts with one of Chalmers’ basic points: first-hand experience is an irreducible field of phenomena. I claim there is no ‘theoretical fix’ or ‘extra ingredient’ in nature that can possibly bridge this gap. Instead, the field of conscious phenomena requires a rigorous method and an explicit pragmatics for its exploration and analysis. My proposed approach, inspired by the style of inquiry of phenomenology, I have called neurophenomenology. It seeks articulations by mutual constraints between phenomena present in experience and (...) the correlative field of phenomena established by the cognitive sciences. It needs to expand into a widening research community in which the method is cultivated further. (shrink)

Good work in nursing is work that is scientifically effective as well as morally and socially responsible. The purpose of this study was to examine variables that sustain good work among entering nurses (with one to five years of experience) and experienced professional nurses despite the obstacles they encounter. In addition to role models and mentors, entering and experienced nurses identified team work, cohesiveness and shared values as levers for good work. These nurses used prioritization, team building and contemplative practices (...) to overcome obstacles. Entering professional nurses tended to avoid conflict in the work setting. Experienced nurses reported forming teams of decision makers who share similar values to resolve conflict. These findings have implications for nurse education and nursing practice. Reflection on the importance of values and virtue in sustaining good work is important. Entering professional nurses should be encouraged to seek positive role models and reflect on the lessons that can be learned from experienced exemplary nurses. (shrink)

David A. J. Richards, Sex, Drugs, Death and the Law: An Essay on Human Rights and Overcriminalization Totowa, N.J.: Rowman and Littlefield, 1982, xii + 316 pp.

With fascinating historical anecdotes and incisive scientific analysis, this important work combines ancient thought with modern theory to reveal a new way of viewing our universe that can expand our awareness, our lives, and may well point the way to a new science for the twenty-first century.

This is an English translation of Schelling's Ideas for a Philosophy of Nature (first published in 1797 and revised in 1803), one of the most significant works in the German tradition of philosophy of nature and early nineteenth-century philosophy of science. It stands in opposition to the Newtonian picture of matter as constituted by inert, impenetrable particles, and argues instead for matter as an equilibrium of active forces that engage in dynamic polar opposition to one another. In the revisions of (...) 1803 Schelling incorporated this dialectical view into a neo-Platonic conception of an original unity divided upon itself. The text is of more than simply historical interest: its daring and original vision of nature, philosophy, and empirical science will prove absorbing reading for all philosophers concerned with post-Kantian German idealism, for scholars of German Romanticism, and for historians of science. (shrink)

I begin by criticizing an elaboration of an argument in this journal due to Hawley , who argued that, where Leibniz’s Principle of the Identity of Indiscernibles faces counterexamples, invoking relations to save PII fails. I argue that insufficient attention has been paid to a particular distinction. I proceed by demonstrating that in most putative counterexamples to PII , the so-called Discerning Defence trumps the Summing Defence of PII. The general kind of objects that do the discerning in all cases (...) form a category that has received little if any attention in metaphysics. This category of objects lies between indiscernibles and individuals and is called relationals: objects that can be discerned by means of relations only and not by properties. Remarkably, relationals turn out to populate the universe. (shrink)

Legal decisions and theories are frequently condemned as formalistic, yet little discussion has occurred regarding exactly what the term "'formalism" means. In this Article, Professor Schauer examines divergent uses of the term to elucidate its descriptive content. Conceptions offormalism, he argues, involve the notion that rules constrict the choice of the decisionmaker. Our aversion to formalism stems from denial that the language of rules either can or should constrict choice in this way. Yet Professor Schauer argues that this (...) aversion to formalism should be rethought: At times language both can and should restrict decisionmakers. Consequently, the term "'formalistic" should not be used as a blanket condemnation of a decisionmaking process; instead the debate regarding decision according to rules should be confronted on its own terms. (shrink)

Even though morally competent artificial agents have yet to emerge in society, we need insights from empirical science into how people will respond to such agents and how these responses should inform agent design. Three survey studies presented participants with an artificial intelligence agent, an autonomous drone, or a human drone pilot facing a moral dilemma in a military context: to either launch a missile strike on a terrorist compound but risk the life of a child, or to cancel the (...) strike to protect the child but risk a terrorist attack. Seventy-two percent of respondents were comfortable making moral judgments about the AI in this scenario and fifty-one percent were comfortable making moral judgments about the autonomous drone. These participants applied the same norms to the two artificial agents and the human drone pilot. However, people ascribed different patterns of blame to humans and machines as a function of the agent’s decision of how to solve the dilemma. These differences in blame seem to stem from different assumptions about the agents’ embeddedness in social structures and the moral justifications those structures afford. Specifically, people less readily see artificial agents as embedded in social structures and, as a result, they explained and justified their actions differently. As artificial agents will perform many actions with moral significance, we must heed such differences in justifications and blame and probe how they affect our interactions with those agents. (shrink)

In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...) well as the claims of many legal theorists who have followed him, depend on a contested view of the nature of legal theory. If the task of a theory of law, as Joseph Raz and others have influentially argued, is to identify the essential features of the concept of law, then the theoretical possibility, if not the empirical reality, of a sanction-free legal system is what is most important. But if the task of a theory of law is to provide philosophical and theoretical illumination of law as it exists and as it is experienced, then a theory of law that fails to give a central place to law's coercive reality may for that reason be deficient as a theory of law. The question of the soundness of the Austinian account, therefore, may be a function of the answer to the question of what a theory of law is designed to accomplish. (shrink)

Philosophical debates over statistical evidence have long been framed and dominated by L. Jonathan Cohen's Paradox of the Gatecrasher and a related hypothetical example commonly called Prison Yard. These examples, however, raise an issue not discussed in the large and growing literature on statistical evidence – the question of what statistical evidence is supposed to be evidence of. In actual practice, the legal system does not start with a defendant and then attempt to determine if that defendant has committed some (...) unspecified or under-specified act, as these examples appear to suppose. Rather, both criminal and civil litigation start with a sufficiently specified act and then attempt to determine if the defendant has committed it. And when we start with a more fully specified act, the statistics look very different, and these prominent examples no longer present the paradox they are claimed to support. Examining the issue of specification, however, does more than simply undercut the prominent examples in a long and extensive literature. The examination also raises normative issues challenging the legal system's traditional reluctance to base liability on the conjunction of probabilities. (shrink)

What is it for something to have a nature? And what is it for law to have a nature? Analysis of the concept of law has often been taken to be a search for the essential features of law, but it is not clear that the nature of a phenomenon or artifact is better explained by its essential features than by its common ones. And it is not clear that necessary truths have more explanatory value than typical truths. Especially -- (...) but not necessarily - if we recognize the possibility that law is a cluster concept, the value of explaining the widespread but not strictly necessary features of law in explaining law itself becomes more apparent. The jurisprudential project of differentiating law from other social phenomena is an important one, but the distinction may be a fuzzy one and not susceptible either to sharp demarcation or to specification of essential features of law that will assist in differentiation. But if we inquire into what typically or usually or almost always characterizes law rather than what necessarily characterizes it, we may make genuine progress in distinguishing law from the social phenomena to which it is adjacent but with which it is not congruent. (shrink)

Pierluigi Chiassoni’s Interpretation without Truth1 is a profoundly important book. And the book is important not only because of its deep, thorough, and impeccably fair analysis of numerous perspe...

Disjunctivism about perceptual appearances, as I conceive of it, is a theory which seeks to preserve a naïve realist conception of veridical perception in the light of the challenge from the argument from hallucination. The naïve realist claims that some sensory experiences are relations to mind-independent objects. That is to say, taking experiences to be episodes or events, the naïve realist supposes that some such episodes have as constituents mind-independent objects. In turn, the disjunctivist claims that in a case of (...) veridical perception like this very kind of experience that you now have, the experiential episode you enjoy is of a kind which could not be occurring were you having an hallucination. The common strategy of arguments from hallucination set out to show that certain things are true of hallucinations, and hence must be true of perceptions. For example, it is argued that hallucinations must have non-physical objects of awareness, or that such states are not relations to anything at all, but are at best seeming relations to objects. In insisting that veridical perceptual experience is of a distinct kind from hallucination, the disjunctivist denies that any of these conceptions of hallucination challenges our conception of veridical perceptions as relations to mind-independent objects. More specifically, I assume that the disjunctivist advocates naïve realism because they think that this position best articulates how sensory experience seems to us to be just through reflection. If the disjunctivist is correct in this contention, then anyone who accepts the conclusion of the argument from hallucination must also accept that the nature of sensory experience is other than it seems to us to be. In turn, one may complain that any such error theory is liable to lead to sceptical consequences. A Humean scepticism about the senses launches a challenge about our knowledge of the world through questioning the conception we have of what sense experience is, and how it can provide knowledge of the world. (shrink)

The present book is intended to help students overcome difficulties by presenting Jaspers' thoughts in comparatively clear and straightforward fashion. While it denies that philosophy is "practical" in any cheap and obvious sense, it follows Jaspers in attempting to avoid the otiose and emphasize the relevance of philosophy to matters of ultimate concern. Those who wish a more theoretical and systematic presentation may well call to mind that, as Heidegger's followers express it, Jaspers, like Kierkegaard- and to some extent Sartre- (...) quite deliberately spurned the "ontological" in favor of the "ontic.". (shrink)