This textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of 'modern' political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result (...) in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library). (shrink)

The modern lawyer operates within a conception of law as a body of rules. To confront the law of contract, of torts, or of property, is to familiarize oneself with an intricate set of rules. Such familiarity is not yet legal scholarship, much less legal practice. For in order to use the rules as lawyers use them, the rules must be contemplated and considered, and the relationship between the different rules must be understood. Because the intellectual processes involved in handling (...) the rules exhibit a high degree of sophistication, those intellectual processes may themselves become the subject matter of philosophical argument. Thus we may regard jurisprudential theories as embodying differing understandings of the processes of handling legal rules; and we may conceive of legal theory as the attempt to grasp the moral significance of rules as a foundation for social order. This essay shall offer some thoughts on the relationship between the rule of law, considered as a moral ideal, and the notion of rules as the principal means by which legal order is manifested. (shrink)

Understandings of law and politics are intrinsically bound up with broader visions of the human condition. Sean Coyle argues for a renewed engagement with the juridical and political philosophies of the Western intellectual tradition, and takes up questions pondered by Aristotle, Plato, Augustine, Aquinas and Hobbes in seeking a deeper understanding of law, politics, freedom, justice and order. Criticising modern theories for their failure to engage with fundamental questions, he explores the profound connections between justice and order and (...) raises the neglected question of whether human beings in all their imperfection can ever achieve truly just order in this life. Above all, he confronts the question of whether the open society is the natural home of liberals who have given up faith in human progress, or whether liberal political order is itself the ideal society? (shrink)

The essay considers whether there are necessary truths about rights. The existence of rights is contingent, but our practices involving rights rest upon fundamental conceptual assumptions necessary to their coherence. Hohfeld's analysis is proffered as the embodiment of those assumptions. An examination of the concept of necessity shows how those assumptions can be necessary truths about rights without being logically necessary.

In a series of new essays the authors attempt to answer important questions about the nature of jurisprudential thinking.

To modern writers, the distinctive achievement of twentieth-century jurisprudence can be viewed as its emancipation from the narrow confines of English utilitarianism, and the subsequent development of perspectives rooted in the fundamental values of justice and rights. The central jurisprudential task of the new century is thus the exploration of a deeper, more elusive moral standpoint, the most profound intellectual commitments of which are yet to be fully digested and understood. My aim in this essay is to reveal something of (...) the character of those commitments by considering the relationship of our present thinking about law and morality to its historical development. (shrink)

This book challenges the accepted view by arguing that environmental law must be seen not as a mere instrument of social policy, but as a historical product of ...

An underpinning assumption of modern legal positivism is that the question of how legal standards differ from normative standards in other spheres of human thought is resolved via the concept of a legal system and the notion of internal logic, through use of contextual definition. This approach is seen to lead to an untenable form of structuralism altogether at odds with the positivist's intentions. An alternative strategy is offered which allows the positivists to retain their deepest insights, though at a (...) price. (shrink)

An underpinning assumption of modern legal positivism isthat the question of how legal standards differ fromnormative standards in other spheres of human thoughtis resolved via the concept of a legal system and thenotion of internal logic, through use of contextualdefinition. This approach is seen to lead to anuntenable form of structuralism altogether atodds with the positivist's intentions. An alternativestrategy is offered which allows the positivists toretain their deepest insights, though at a price.

This article considers the relationship between the philosophies of Thomas Aquinas and Francisco Suarez. It has been said that Suarez made significant departures from the natural law theory of Aquinas, by putting greater emphasis on divine command as the source of natural law precepts, and by replacing Aquinas’s focus on good and bad with a focus on right and wrong. Hence, Suarez appears to replace Aquinas’s eudaimonist account of ethics with one based in deontology. The article argues that the differences (...) separating Aquinas and Suarez are minimal, and that Suarez can be seen as upholding the central tenets of Aquinas’s doctrine of natural law. This has ramifications for our understanding not only of Suarez, but also of Aquinas himself. (shrink)

Both of the books under review offer a challenge to the dominant jurisprudential tradition of legal positivism. Underlying this superficial similarity in aims is a sharp divergence in philosophical outlook. Whereas Dworkin's arguments operate within a body of background assumptions that he shares with his opponents, and which he has done much to shape, Simmonds sees his task as challenging those assumptions. This is particularly evident in the moral philosophies at the heart of each book: Dworkin can be seen as (...) offering a Protestant-voluntarist-atheist philosophy; whereas Simmonds resembles a Catholic-conservative-Aristotelian. (shrink)

If deontic logic is to cast light on any of the normative sciences, such as legal reasoning, then certain problems regarding its logical constants must be faced. Recent studies in the area of deontic logic have tended to assume that it is our responses to the “paradoxes” of deontic implication which are fundamental to resolving problems with the use of deontic logic to investigate various branches of normative reasoning. In this paper I wish to show that the paradoxes are of (...) secondary importance; that they are merely by‐products of the central issue, namely the ability of certain syntactic forms to embody natural language structures used in reasoning about norms. An investigation of modal syntax is proffered as the best starting‐point from which to tackle the questions that still dog the legitimacy of deontic logic. Part I provides some philosophical background to the discussion of deontic logical constants. Part II addresses in greater detail issues concerning the representation of normative concepts; and Part III offers a few remarks on the general issue of deontic logic's fruitfulness as an analytical tool. (shrink)

A recent series of papers, sparked off by a note by Robert Walter (1996), has rekindled the debate over the possibility of creating a logic of normative concepts. The debate correctly centres on ways in which Jørgensen’s dilemma might be resolved (Jørgensen 1937–8), since a means of resolving that dilemma is the only apparently available way in which to establish that a logic of norms is possible. Two separate questions require answers: (i) what is the correct way in which to (...) regard Jørgensen’s dilemma; and (ii) how should one face that dilemma? I shall argue that traditional responses to the first question are inadequate, and I shall then try to expose as flawed two recent attempts to resolve the dilemma. Finally, I shall relate my conclusions in the earlier part of the paper to the wider question of whether a logic of normative concepts is, after all, a possibility. (shrink)

This important and intellectually rich collection is a welcome addition to the literature, both on natural law and human rights. Its opening pages, in a reversal of its title, begin with a series o...

This paper defends the “minimalist” solution to Jørgensen’s dilemma against the objections raised by Coyle (2002). As most of these objections stem from a misconstrual of the account of truth that underlies the minimalist solution, the paper is largely an attempt to provide a clearer statement of the “minimal theory of truth,” a sharper characterization of the features that distinguish it from other deflationary views, and a careful presentation of the minimalist account of the logical role of truth–ascriptions. The (...) rejoinder includes also a brief discussion of what one may reasonably expect from a successful solution of Jørgensen’s dilemma. (shrink)

The U.S. proposal to establish missile defense sites in Poland and the Czech Republic has exacerbated relations with Russia to a degree not seen since the Cold War, despite the fact that the system has no demonstrated capability to defend the U.S., let alone Europe.

In tackling emergentist Marxism in depth, this well-written volume demonstrates that critical realism and materialist dialectics are indispensable to theorizing the functioning of complex social and physical systems. Author Sean Creaven investigates Marxâes dialectics of being and consciousness, forces and relations of production, base and superstructure, class structure and class conflict, and demonstrates how they allow the social analyst to conceptualize geo-history as embodying a tendential evolutionary directionality, rather than as simply random or indeterminate in terms of its outcomes. (...) For those interested in social and political theory, Marxism and communism and contemporary social theory, this outstanding volume is an in important read and a valuable resource. (shrink)

In the revised and updated edition of this popular book, Sean Burke shows how the attempt to abolish the author is fundamentally misguided and philosophically ...

In this paper I develop an account of member obligation: the obligations that fall on the members of an obligated collective in virtue of that collective obligation. I use this account to argue that unorganized collections of individuals can constitute obligated agents. I argue first that, to know when a collective obligation entails obligations on that collective’s members, we have to know not just what it would take for each member to do their part in satisfying the collective obligation, but (...) also what they should do if they cannot do their part because others will not do theirs. I go on to argue (contra recent proposals) that it is not good enough for members in this situation to reasonably believe that others will not do their part. Rather, for a member of an obligated collective to permissibly escape doing her part in a collective obligation, she must both reasonably doubt that others will do their part and stand ready to act in case others do as well. -/- This necessary condition for collective obligation points the way to plausible sufficient conditions – conditions that, I argue, allow unstructured collectives to bear obligations. For (a) if a collective’s members are individually obligated to be ready to do their part, in a given collective action, and (b) if that individual readiness makes it sufficiently likely that the collective will in fact act, then it is hard to see what could block an attribution of collective obligation. In particular, in that case there ought to be no additional objection that there is no existing, organized “agent” on which the obligation might fall. For agents are, simply, things that can act. To be able to act is just to be able to succeed by trying. Unstructured collectives try to do something, I argue, when each member acts on their willingness to do their part in that thing if others do theirs; sometimes they succeed, producing a collective action. Some unstructured collectives, therefore, can succeed by trying; therefore, they can act; therefore they are agents. (shrink)

What makes something a part of my body, for moral purposes? Is the body defined naturalistically: by biological relations, or psychological relations, or some combination of the two? This paper approaches this question by considering a borderline case: the status of prostheses. I argue that extant accounts of the body fail to capture prostheses as genuine body parts. Nor, however, do they provide plausible grounds for excluding prostheses, without excluding some paradigm organic parts in the process. I conclude by suggesting (...) that embodiment is moralized all the way down: to be a body part is to be the sort of thing that ought to be protected, in a certain way, by social practices. (shrink)

Effective Field Theory (EFT) is the successful paradigm underlying modern theoretical physics, including the "Core Theory" of the Standard Model of particle physics plus Einstein's general relativity. I will argue that EFT grants us a unique insight: each EFT model comes with a built-in specification of its domain of applicability. Hence, once a model is tested within some domain (of energies and interaction strengths), we can be confident that it will continue to be accurate within that domain. Currently, the Core (...) Theory has been tested in regimes that include all of the energy scales relevant to the physics of everyday life (biology, chemistry, technology, etc.). Therefore, we have reason to be confident that the laws of physics underlying the phenomena of everyday life are completely known. (shrink)

Emotional hardcore and other music genres featuring screamed vocals are puzzling for the appreciator. The typical fan attaches appreciative value to musical screams of emotional pain all the while acknowledging it would be inappropriate to hold similar attitudes towards their sonically similar everyday counterpart: actual human screaming. Call this the screamed vocals problem. To solve the problem, I argue we must attend to the anti-sublimating aims that get expressed in the emotional hardcore vocalist’s choice to scream the lyrics. Screamed vocals (...) help us see the value in rejecting (a) restrictive social norms of emotional expressiveness and (b) restrictive artistic norms about how one ought to express or represent pain in art, namely that if one is going to do so they must ensure the pain has been ‘beautified’. In developing this second point I argue that emotional hardcore is well-suited (though not individually so) for putting pressure on longstanding views in the history of aesthetics about the formal relationship between art and human pain. (shrink)

ABSTRACT:Organizations constitute morally-complex environments, requiring organization members to possess levels of moral courage sufficient to promote their ethical action, while refraining from unethical actions when faced with temptations or pressures. Using a sample drawn from a military context, we explored the antecedents and consequences of moral courage. Results from this four-month field study demonstrated that authentic leadership was positively related to followers’ displays of moral courage. Further, followers’ moral courage fully mediated the effects of authentic leadership on followers’ ethical and (...) pro-social behaviors. Theoretical and practical implications for further integrating the work on moral courage, authentic leadership and ethics are discussed. (shrink)

A non-technical introduction to quantum mechanics, the Everett interpretation, and the emergence of spacetime.

Some modern cosmological models predict the appearance of Boltzmann Brains: observers who randomly fluctuate out of a thermal bath rather than naturally evolving from a low-entropy Big Bang. A theory in which most observers are of the Boltzmann Brain type is generally thought to be unacceptable, although opinions differ. I argue that such theories are indeed unacceptable: the real problem is with fluctuations into observers who are locally identical to ordinary observers, and their existence cannot be swept under the rug (...) by a choice of probability distributions over observers. The issue is not that the existence of such observers is ruled out by data, but that the theories that predict them are cognitively unstable: they cannot simultaneously be true and justifiably believed. (shrink)

The concept of alienation: Hegelian themes in modern social thought -- Creative activity and alienation in Hegel and Marx -- The concept of labour -- The individual and society -- Freedom and the "realm of necessity" -- Alienation as a critical concept -- Private property and communism -- The division of labour and its overcoming -- Marx's concept of communism.

A provocative close reading revealing a radical, proto-phenomenological Socrates.

We have a much better understanding of physics than we do of consciousness. I consider ways in which intrinsically mental aspects of fundamental ontology might induce modifications of the known laws of physics, or whether they could be relevant to accounting for consciousness if no such modifications exist. I suggest that our current knowledge of physics should make us skeptical of hypothetical modifications of the known rules, and that without such modifications it’s hard to imagine how intrinsically mental aspects could (...) play a useful explanatory role. Draft version of a paper submitted to Journal of Consciousness Studies, special issue responding to Philip Goff’s Galileo’s Error: Foundations for a New Science of Consciousness. (shrink)

This book provides an account of the nature of time, especially time's arrow and the role of entropy, at a semi-popular level. Special attention is given to statistical mechanics, the past hypothesis, and possible cosmological explanations thereof.

I discuss "Poetic Naturalism" -- there is only one world, the natural world, but there are many ways of talking about it -- both as a general concept, and how it accounts for our actual world. I talk about emergence, fundamental physics, entropy and complexity, the origins of life and consciousness, and moral constructivism.

I defend the extremist position that the fundamental ontology of the world consists of a vector in Hilbert space evolving according to the Schrödinger equation. The laws of physics are determined solely by the energy eigenspectrum of the Hamiltonian. The structure of our observed world, including space and fields living within it, should arise as a higher-level emergent description. I sketch how this might come about, although much work remains to be done.

Reichenbach's 'principle of the common cause' is a foundational assumption of some important recent contributions to quantitative social science methodology but no similar principle appears in econometrics. Reiss (2005) has argued that the principle is necessary for instrumental variables methods in econometrics, and Pearl (2009) builds a framework using it that he proposes as a means of resolving an important methodological dispute among econometricians. We aim to show, through analysis of the main problem instrumental variables methods are used to resolve, (...) that the relationship of the principle to econometric methods is more nuanced than implied by previous work, but nevertheless may make a valuable contribution to the coherence and validity of existing methods. (shrink)

Disconnecting a patient from artificial life support, on their request, is often if not always a matter of letting them die, not killing them—and sometimes, permissibly doing so. Stopping a patient’s heart on request, by contrast, is a kind of killing, and rarely if ever a permissible one. The difference seems to be that procedures of the first kind remove an unwanted external support for bodily functioning, rather than intervening in the body itself. What should we say, however, about cases (...) at the boundary—procedures involving items that seem bodily in some respects, but not others? When, for instance, does deactivating an implanted device like a pacemaker count as killing, and when as letting die? Contra existing proposals, I argue that the boundaries of the body for this purpose are not drawn at the boundaries of the self, or (if this is different) the human organism. Nor should we determine when we are killing and when we are letting die by deferring to existing practices for distinguishing ongoing from completed treatment. Rather, I argue that whether something (organic or inorganic) counts as body part for purposes of this distinction depends on the results of a normative analysis of the particular character of our rights in it—particularly, whether and in what way these rights ought to be alienable. I conclude by arguing that there are likely good reasons to recognize distinctively “bodily” rights and restrictions in at least some implantable devices. (shrink)

Celebrated yoga teacher and activist Seane Corn shares pivotal accounts of her life with raw honesty—enriched with in-depth spiritual teachings—to help us heal, evolve, and change the world “My first lessons in spirituality and yoga had nothing to do with a mat, but everything to do with waking up. They included angels, seeing God, and being in Heaven. But, believe me, not the way you might think.” So begins Revolution of the Soul. What comes next reads like a riveting memoir (...) filled with uncensored moments of joy, pain, wonder, and humor. Except, this book is so much more than that. Seane's real purpose is to guide us into a deep, gut-level understanding of our highest Self through yoga philosophy and other tools for emotional healing—not just as abstract ideas but as embodied, fully felt wisdom. Why? To spark a "revolution of the soul" in each of us, so we can awaken to our purpose and become true agents of change. Just a few of the stops along the way include: The everyday "angels" Seane finds in the gritty corners of New York's 1980s East Village; her early struggles as a total yoga-class misfit; the profound shadow work and body-based practices that helped her to heal childhood trauma, OCD, unhealthy behaviors, and relationship wounding; hard-earned lessons from some of the most heartbreaking places on the planet; and many other unforgettable teaching stories. (shrink)

This chapter corrects for Susan Sontag's undeserved neglect by contemporary ethical philosophers by bringing awareness to some of the unique metaethical insights born of her reflections on photographic representations of evil. I argue that Sontag's thought provides fertile ground for thinking about: (1) moral perception and its relation to moral knowledge; and (2) the epistemic and moral value of our emotional responses to the misery and suffering of others. I show that, contrary to standard moral perception theory (e.g. Blum 1994), (...) Sontag holds that we can have general moral perceptual knowledge. I then explore Sontag's idea that certain emotional responses, like sympathy and compassion, can sometimes be impertinent, in virtue of their having false or illusory content. I explain why this is so, and show the epistemic and motivational problems it poses for moral sentimentalism. (shrink)

Cosmological models that invoke a multiverse - a collection of unobservable regions of space where conditions are very different from the region around us - are controversial, on the grounds that unobservable phenomena shouldn't play a crucial role in legitimate scientific theories. I argue that the way we evaluate multiverse models is precisely the same as the way we evaluate any other models, on the basis of abduction, Bayesian inference, and empirical success. There is no scientifically respectable way to do (...) cosmology without taking into account different possibilities for what the universe might be like outside our horizon. Multiverse theories are utterly conventionally scientific, even if evaluating them can be difficult in practice. (shrink)

This volume is an indispensable reference for a wide range of scholars working across multidisciplinary fields of inquiry that focus on British and continental histories of medicine and sexuality, gender history and studies of nineteenth ...