In this book, a distinguished international group of legal theorists re-examine legal positivism as a prescriptive political theory and consider its implications for the constitutionally defined roles of legislatures and courts. The issues are illustrated with recent developments in Australian constitutional law.

Something can be said to be good for a particular person, whether or not it is good for anyone else, let alone good ‘overall’ or ‘good simpliciter ’. Sometimes we speak of ‘John's good’ as well as of things that are ‘good for John’. What is ‘good for John’ is whatever enhances his ‘good’ or, to use an apparently synonymous term, his ‘well-being’. But what is a person's well-being: in what does it consist?

In "Moral Realism and the Foundations of Ethics", David Brink defendsexternalist moral realism against Mackie's sceptical arguments, whichpresuppose some kind of internalism. But Brink confuses the issues by failing to distinguish different kinds of internalism. What he calls conceptual internalism may be false, but Mackie can retreat to sociological internalism, which holds that most people believe moral requirements to be capable of motivating action regardless of pre-existing desires. Brink does not challenge that thesis, which isall that Mackie's sceptical arguments necessarily (...) presuppose. (shrink)

Constitutional interpretation is problematic because it can be difficult to distinguish legitimate interpretation from illegitimate change. The distinction depends largely on what a constitution is. A constitution, like any other law, necessarily has a meaning, which pre-exists judicial interpretation: it is not a set of meaningless marks on paper. Any plausible constitutional theory must offer an account of the nature of that meaning. In doing so, it must address two main questions. The first is whether the meaning of the constitution (...) is given solely by its words, or also by additional evidence of underlying intentions, purposes or values. The second question is whether, in either case, its meaning is determined by the original meanings, intentions, purposes or values of the founding generation, or by contemporary meanings, intentions, purposes or values. This question divides so-called 'originalists' from 'non-originalists'. This article discusses all these alternatives, and the main arguments for and against them. It is subtitled 'Originalism' because it defends a moderate version of that position; however, it is argued that this is equivalent to a moderate version of non-originalism. (shrink)

This review article examines Richard Ekins’ attempt to defend the concept of legislative intention from influential criticism, and to demonstrate its indispensable and central role in statutory interpretation. He rejects accounts of legislative intention in terms of the aggregation of the intentions of individual legislators, and instead, draws on recent philosophical work on the nature of group agency to propose a unitary model, in which the relevant intention is that of the legislature itself, although it is supported by the ‘interlocking’ (...) of the intentions of all its members. The legislature has two relevant intentions: a secondary or standing intention to operate by way of agreed procedures to develop and enact particular proposals for legislation to enhance the welfare of the community; and primary intentions that consist of the content of those proposals once the legislature has enacted them. Ekins restricts the evidence that is relevant and admissible in order to determine the content of such proposals; because they must be ‘open’ to all legislators, and transparent to the community, the evidence must be publicly available. This article summarizes the main theses of the book, and subjects them to critical examination. It concludes that the book adds considerable depth, rigour and theoretical insight to our understanding of these issues. But it also suggests that his argument is vulnerable to criticism at a few points, at least one of which is crucial. The argument needs a better account of what it is that constitutes the content of particular proposals when they are put to the legislature for enactment. (shrink)

In British constitutional law, the doctrine of parliamentary sovereignty maintains that Parliament has unlimited legislative authority. Critics have recently challenged this doctrine, on historical and philosophical grounds. This book describes its historical origins and development.

The doctrine of parliamentary sovereignty has long been regarded as the most fundamental element of the British Constitution. It holds that Parliament has unlimited legislative authority, and that the courts have no authority to judge statutes invalid. This doctrine has now been criticized on historical and philosophical grounds and critics claim that it is a relatively recent invention of academic lawyers that superseded an earlier tradition in which Parliament's authority was limited to common law. The critics also argue that it (...) is based on a misunderstanding of the relationship between statutory and common law, and is morally indefensible. The Sovereignty of Parliament: History and Philosophy responds to these criticisms. It first defines and clarifies the concept of legislative sovereignty and then describes the historical origins and the development of the doctrine from the thirteenth to the end of the nineteenth century. Professor Goldsworthy goes on to identify many different reasons why persuaded statesmen, lawyers, and political theorists have endorsed the doctrine. He discusses the ideas of a large number of legal and political thinkers, including Fortescue, St German, Hooker, Coke, Bacon, Parker, Milton, Hobbes, Hale, Locke, Bolingbroke, Blackstone, and Burke. He shows that judges in Great Britain have never had authority to invalidate statutes, and that the doctrine is much older than is generally realized. The book concludes by dealing with philosophical criticisms of the doctrine. Combining the insights of earlier thinkers with those of contemporary legal philosophers, it demonstrates that these criticisms are based on a defective understanding of the nature and foundations of law, and of the relationship between legislative authority and the common law. It argues that the doctrine is morally defensible, and refutes the thesis that the judges have authority to modify or reject it. (shrink)

In his recent book Interpretation and Legal Theory , Andrei Marmor makes a number of claims about meaning and interpretation, both in general and in law, which I will argue are mistaken. Actually, there is some confusion in his book between what I take to be his “official” view of the nature of meaning and interpretation, and a very different view which keeps surfacing despite his official rejection of it. I will argue that this alternative, rejected view, when properly developed, (...) is more plausible than his official view, and that the difference between them is of considerable practical consequence for legal interpretation. What is at stake is the role of legislative intention. The alternative view denies Marmor's claim that the meaning of a statute is conceptually independent of the intention or purpose which the legislature had in enacting it. It should be said at the outset that I will focus on just three of the eight chapters in Marmor's book, which contains many virtues that are untouched by my critique. (shrink)

The lesson is that while externalists avoid devastating objections to internalist moral realism, they thereby sacrifice most of thepractical significance of moral realism as an alternative to noncognitivism. They defend the objectivity of moral beliefs, but are forced to concede that the practical relevance and appeal of those beliefs depends on subjective desires. It is because they correctly reject internalism that they succumb to the non-cognitivists'tu quoque.

What should and what should not to be counted as a human right? What does it mean to identify a right as a human right? And what are the most effective and legitimate means of promoting human rights? This book addresses these questions and the complex relationship between the answers to them.

What might be thought of as religious longings, he argues, are crucial aspects of enchanting secularity when developed through encounters with these works of art.

Jeffrey E. Brower presents and explains the hylomorphic conception of the material world developed by Thomas Aquinas, according to which material objects are composed of both matter and form. In addition to presenting and explaining Aquinas's views, Brower seeks wherever possible to bring them into dialogue with the best recent literature on related topics. Along the way, he highlights the contribution that Aquinas's views make to a host of contemporary metaphysical debates, including the nature of change, composition, material constitution, (...) the ontology of stuff vs. things, the proper analysis of ordinary objects, the truthmakers for essential vs. accidental predication, and the metaphysics of property possession. (shrink)

Closest-possible-world analyses of counterfactuals suffer from what has been called the ‘problem of counterpossibles’: some counterfactuals with metaphysically impossible antecedents seem plainly false, but the proposed analyses imply that they are all (vacuously) true. One alleged solution to this problem is the addition of impossible worlds. In this paper, I argue that the closest possible or impossible world analyses that have recently been suggested suffer from the ‘new problem of counterpossibles’: the proposed analyses imply that some plainly true counterpossibles (viz., (...) ‘counterlogicals’) are false. After motivating and presenting the ‘new problem’, I give reasons to think that the most plausible objection to my argument is not compelling. (shrink)

This is annotated bibliography of the field of business ethics. It identifies and summarizes useful journals, textbooks, anthologies, and articles.

What can we know about God by reason alone? Philosophical theology is the attempt to obtain such knowledge. An ancient tradition, which is perhaps more influential now than ever, tries to derive the attributes of God from the principle that God is the greatest possible being. Jeff Speaks argues that that constructive project is a failure. He also argues that the related view that the concept of God is the concept of a greatest possible being is a mistake. In the (...) last chapter, he sketches an alternative path forward. (shrink)

This Element has two aims. The first is to discuss arguments philosophers have made about the difference God's existence might make to questions of general interest in metaethics. The second is to argue that it is a mistake to think we can get very far in answering these questions by assuming a thin conception of God, and to suggest that exploring the implications of thick theisms for metaethics would be more fruitful.

This article suggests an iconic turn in cultural sociology. Icons can be seen, it is argued, as symbolic condensations that root social meanings in material form, allowing the abstractions of cognition and morality to be subsumed, to be made invisible, by aesthetic shape. Meaning is made iconically visible, in other words, by the beautiful, sublime, ugly, or simply by the mundane materiality of everyday life. But it is via the senses that iconic power is made. This new approach to meaning (...) is compared with others — with materialism, semiotics, aestheticism, moralism, realism, and spiritualism. (shrink)

Preface : plant theory? -- The first birth of biopower : from plant to animal life in Foucault -- Thinking plants, with Aristotle and Heidegger -- Animal and plant, life and world in Derrida, or, The plant and the sovereign -- From the world to the territory : vegetable life in Deleuze and Guattari, or, What is a rhizome? -- Coda : what difference does it make?

Jeffrey Bloechl traces the evolution of Levinas's thought to argue that his conception of God is dependent on his existential phenomenology.

Justice requires giving people what they deserve. Or so many philosophers – and according to many of those philosophers, everyone else – thought for centuries. In the 1970’s and 1980’s, however, perhaps under the influence of Rawls’s (1971) desert-less theory, desert was largely cast out of discussions of distributive justice. Now it is making a comeback. In this chapter I consider recent research on the concept of desert, arguments for its requital, and connections between desert and other distributive ideals. I (...) suggest that desert-sensitive theories of distributive justice, though they face obstacles, have a promising future. (shrink)

Recently in this journal, Jessica Morley and colleagues (AI & SOC 2023 38:411–423) review AI ethics and education, suggesting that a cultural shift is necessary in order to prepare students for their responsibilities in developing technology infrastructure that should shape ways of life for many generations. Current AI ethics guidelines are abstract and difficult to implement as practical moral concerns proliferate. They call for improvements in ethics course design, focusing on real-world cases and perspective-taking tools to immerse students in challenging (...) situations with relatable personal, social and environmental implications. The present paper considers the ACTWith model of moral cognition for use in such training contexts. Morley and colleagues' paper and contemporary literature are reviewed. Whistleblowing as a source for relatable case studies is discussed, and the purpose of ethics education considered. The ACTWith model is introduced, and correlations with contemporaries noted. The ACTWith model has been successfully employed in a broad range of technology ethics courses in the Netherlands and South Korea. Illustrations are offered. Correlations with contemporary efforts are drawn in the context of software engineering. Summary discussion considers strengths and limitations of the ACTWith program. Overall, the paper emphasizes training high-level moral reasoning through guided inquiry education informing lifetime professional practice, and indicates an outstanding need for teachers able to do the job. (shrink)

Soren Kierkegaard's Fear and Trembling is one of the most widely read works of Continental philosophy and the philosophy of religion. While several commentaries and critical editions exist, Jeffrey Hanson offers a distinctive approach to this crucial text. Hanson gives equal weight and attention to all three of Kierkegaard’s "problems," dealing with Fear and Trembling as part of the entire corpus of Kierkegaard's production and putting all parts into relation with each other. Additionally, he offers a distinctive analysis of (...) the Abraham story and other biblical texts, giving particular attention to questions of poetics, language, and philosophy, especially as each relates to the aesthetic, the ethical, and the religious. Presented in a thoughtful, well-informed, and fresh manner, Hanson’s claims are original and edifying. This new reading of Kierkegaard will stimulate fruitful dialogue on well-traveled philosophical ground. (shrink)

We prove several results about groups of finite Morley rank without unipotent p-torsion: p-torsion always occurs inside tori, Sylow p-subgroups are conjugate, and p is not the minimal prime divisor of our approximation to the "Weyl group". These results are quickly finding extensive applications within the classification project.

Introduction -- 1. Problem of the New -- 2. Problem of Relations -- 3. Problem of Emergence -- 4. Problem of One and Many -- 5. Plato and the Third Man Argument -- 6. Bradley and the Problem of Relations -- 7. Moore, Russell and the Birth of Analytic Philosophy -- 8. Russell and Deleuze on Leibniz -- 9. On Problematic Fields -- 10. Kant and Problematic Ideas -- 11. Armstrong and Lewis on the Problem of One and Many -- (...) 12. Determinables and Determinates -- 13. The Limits of Representational Thought -- 14. Learning from a Cup of Coffee -- 15. Carnap and the Fate of Metaphysics -- 16. Truth and Relevance -- Conclusion. (shrink)

The works of Hannah Arendt and Albert Camus--two of the most compelling political thinkers of the "resistance generation" that lived through World War II--can still provide penetrating insights for contemporary political reflection. Jeffrey C. Isaac offers new interpretations of these writers, viewing both as engaged intellectuals who grappled with the possibilities of political radicalism in a world in which liberalism and Marxism had revealed their inadequacy by being complicit in the rise of totalitarianism. According to Isaac, self-styled postmodern writers (...) who proclaim the death of grandiose ideologies often fail to recognize that such thinkers as Camus and Arendt had already noted this. But unlike many postmodernists, these two sought to preserve what was worthy in modern humanism--the idea of a common human condition and a commitment to human rights and the dignity of individuals. Isaac shows that both writers advanced the idea of a democratic civil society made up of self-limiting groups. Although they criticized the typical institutions of mass democratic politics, they endorsed alternative forms of local and international organization that defy the principle of state sovereignty. Isaac also shows how Arendt's writings on the Middle East, and Camus's on Algeria, urged the creation of such institutions. The vision of a "rebellious politics" that Arendt and Camus shared is of great relevance to current debates in democratic theory and to the transformations taking place in Europe and the states of the former Soviet Union. (shrink)

Packed with examples, this book offers a clear and engaging overview of ethical issues in business. -/- It begins with a discussion of foundational issues, including the objectivity of ethics, the content of ethical theories, and the debate between capitalism and socialism, making it suitable for the beginning student. It then examines ethical issues in business in three broad areas. The first is the market. Issues explored are what can be sold (the limits of markets) and how it can be (...) sold (ethics in marketing). The second is work. Topics in this area are health and safety, meaningful work, compensation, hiring and firing, privacy, and whistleblowing. The third area is the firm in society. Here readers explore corporate social responsibility, corporate political activity, and the set of ethical challenges that attend international business. -/- Issues are introduced through real-world examples that underscore their importance and make them come alive. Arguments for opposing positions are given fair hearings and students are encouraged to develop and defend their own views. (shrink)

I elucidate a frame of mind that David Wiggins callsrespect for nature, which he understands as a special attitude toward asui generisobject, Natureas such. A person with this frame of mind takes nature to impose defeasible limits on her action, so that there are some courses of action that she will refuse even to entertain, except in circumstances of dire exigency. I defend the reasonableness of respect for nature, drawing upon considerations in Wiggins's work. But I argue that the natural (...) systems that comprise the proper object of respect for nature are notsui generis; they are kindred, for practical reason, to complex social, political, and economic systems that we inhabit. I argue that it is reasonable to treat all such valuable systems with a similar respect, and that this respect is continuous with the respect we owe to persons and to valuable objects more generally. In all of these cases, respect consists, in part, in a disposition to defeasible constraints on practical deliberation. (shrink)

The present paper shows how one might model Everettian quantum mechanics using hyperfinitely many worlds. A hyperfinite model allows one to consider idealized measurements of observables with continuous-valued spectra where different outcomes are associated with possibly infinitesimal probabilities. One can also prove hyperfinite formulations of Everett’s limiting relative-frequency and randomness properties, theorems he considered central to his formulation of quantum mechanics. Finally, this model provides an intuitive framework in which to consider no-collapse formulations of quantum mechanics more generally.

Until the 1970s the history of sexuality was a marginalized practice. Today it is a flourishing field, increasingly integrated into the mainstream and producing innovative insights into the ways in which societies shape and are shaped by sexual values, norms, identities and desires. In this book, Jeffrey Weeks, one of the leading international scholars in the subject, sets out clearly and concisely how sexual history has developed, and its implications for our understanding of the ways we live today. The (...) emergence of a new wave of feminism and lesbian and gay activism in the 1970s transformed the subject, heavily influenced by new trends in social and cultural history, radical sociological insights and the impact of Michel Foucault’s work. The result was an increasing emphasis on the historical shaping of sexuality, and on the existence of many different sexual meanings and cultures on a global scale. With chapters on, amongst others, lesbian, gay and queer history, feminist sexual history, the mainstreaming of sexual history, and the globalization of sexual history, What is Sexual History? is an indispensable guide to these developments. (shrink)

The present paper shows how one might model Everettian quantum mechanics using hyperfinitely many worlds. A hyperfinite model allows one to consider idealized measurements of observables with continuous-valued spectra where different outcomes are associated with possibly infinitesimal probabilities. One can also prove hyperfinite formulations of Everett’s limiting relative-frequency and randomness properties, theorems he considered central to his formulation of quantum mechanics. Finally, this model provides an intuitive framework in which to consider no-collapse formulations of quantum mechanics more generally.

What degrees of belief does Sleeping Beauty's evidence support? That depends.

In “Truth – A Traditional Debate Reviewed”, Crispin Wright proposed an inductive definition of “coherence truth” for arithmetic relative to an arithmetic base theory B. Wright’s definition is in fact a notational variant of the usual Tarskian inductive definition, except for the basis clause for atomic sentences. This paper provides a model-theoretic characterization of the resulting sets of sentences "cohering" with a given base theory B. These sets are denoted WB. Roughly, if B satisfies a certain minimal condition, then WB (...) is the Th, where M is the canonical model of the set At of atomic sentences provable in B. The paper also shows that the disquotational T-scheme is provable from Wright’s inductive definition just in case the base theory B is sound and complete for arithmetic atomic sentences. (shrink)

Just as noncapacitated decision making will forever be a feature of clinical medicine, so will the quest for effective advance care planning and serviceable documentation of these preferences. “Re-...

The ultimate goal of research into computational intelligence is the construction of a fully embodied and fully autonomous artificial agent. This ultimate artificial agent must not only be able to act, but it must be able to act morally. In order to realize this goal, a number of challenges must be met, and a number of questions must be answered, the upshot being that, in doing so, the form of agency to which we must aim in developing artificial agents comes (...) into focus. This chapter explores these issues, and from its results details a novel approach to meeting the given conditions in a simple architecture of information processing. (shrink)

A situated observer is an observer as modeled within the world characterized by one’s physical theory. A physical theory arguably only makes empirical predictions if it makes predictions for the records of a situated observer. In this spirit, one has a satisfactory solution to the measurement problem only if one has a formulation of quantum mechanics that makes the right empirical predictions for the records of a situated observer. Bohmian mechanics addresses the measurement problem by explaining what measurement records are, (...) how a situated observer might produce them, and why a situated observer should expect the standard quantum predictions. The notion of an effective wave function is crucial in understanding how the theory makes empirical predictions. (shrink)

Aristotle (384-322 BC) was an ancient Greek philosopher, pupil of Plato, and tutor of Alexander the Great. His works span the topics of biology, metaphysics, mind, logic, language, science, epistemology, ethics, and politics. Aristotle held that there are many divine beings, but a supremely divine being is the first cause of the universe and the goodness of all other beings. This divine being plays a fundamental explanatory role in Aristotle’s thought.

This paper offers a non-traditional account of what was really at stake in debates over the legitimacy of teleology and teleological explanations in the later medieval and early modern periods. It is divided into four main sections. The first section highlights two defining features of ancient and early medieval views on teleology, namely, that teleological explanations are on a par (or better) with efficient causal explanations, and that the objective goodness of outcomes may explain their coming about. The second section (...) argues that it was the first thesis – the thesis of explanatory parity –that came under attack by mainstream philosophers in the later medieval and early modern traditions, rather than teleology per se. The third section argues similarly that it was the second thesis – the thesis of explanatory goodness – that was the object of Spinoza’s critique of final causes, rather than teleology itself. Finally, the fourth section argues that Leibniz’s claim to be a champion of traditional teleology rests on his willingness to defend both the theses of explanatory parity and goodness against the very charges that led to their demise. The essay concludes by contrasting the narrative offered here with Don Garrett’s recent account according to which “it is not Leibniz but Spinoza who holds the position on teleology and teleological explanation nearest to that of Aristotle” (312). (shrink)

The modern biomedical research laboratory is increasingly defined by dynamic social material conditions requiring researchers to traverse multiple shifting cognitive ecologies within day-to-day practice. Although the complexity of biomedical research is well known, the mechanisms by which the social and material organisation of this space is negotiated has yet to be fully considered. Integrating insights from Material Engagement Theory and Enactive Cognition with observations undertaken within a biomedical research laboratory, this paper develops an understanding of how actors are able to (...) respond to the dynamically changing world that is enacted with and around them. (shrink)

Leo Strauss's readings of historical figures in the philosophical tradition have been justly well explored; however, his relation to contemporary thinkers has not enjoyed the same coverage. In Leo Strauss and Contemporary Thought, an international group of scholars examines the possible conversations between Strauss and figures such as Walter Benjamin, Jacques Derrida, Michel Foucault, Charles Taylor, and Hans Blumenberg. The contributors examine topics including religious liberty, the political function of comedy, law, and the relation between the Ancients and the Moderns, (...) and bring Strauss into many new and original discussions that will be of use to those interested in the thought of Strauss, the history of philosophy and political theory, and contemporary continental thought"--Back cover. (shrink)