In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the reliance upon civil law measures to remedy criminal law infractions can raise human rights issues and, second, that such instrumental criminal justice strategies deliberately circumvent the enhanced procedural (...) protections of the criminal law. By conceptualising the rule of law as a structural coupling between the political and legal systems, and due process rights as necessary and self-imposed limitations upon systemic operations, this paper employs a systems-theoretical approach to critique this balancing act between expediency and principle, and queries the circumstances under which legislation contravening the rule of law can be said to lack legitimacy. (shrink)
For as long as realists and instrumentalists have disagreed, partisans of both sides have pointed in argument to the actions and sayings of scientists. Realists in particular have often drawn comfort from the literal understanding given even to very theoretical propositions by many of those who are paid to deploy them. The scientists' realism, according to the realist, is not an idle commitment: a literal understanding of past and present theories and concepts underwrites their employment in the construction of new (...) theories. The theme of this book is philosophy and technology, and here's the connection: new theories point out—and explain— new phenomena. So realism, claim the realists, is at the heart of science's achievement of what Bacon, that early philosopher of technology, identified as science's aim: new knowledge offering new powers. (shrink)
In this article I sketch G. N. Lewis’s views on chemical bonding and Linus Pauling’s attempt to preserve Lewis’s insights within a quantum‐mechanical theory of the bond. I then set out two broad conceptions of the chemical bond, the structural and the energetic views, which differ on the extent in which they preserve anything like the classical chemical bond in the modern quantum‐mechanical understanding of molecular structure. †To contact the author, please write to: Department of Philosophy, Durham University, 50 Old (...) Elvet, Durham DH1 3HN, UK; e‐mail: firstname.lastname@example.org. (shrink)
We live in a 'bimoral' society, in which people govern their lives by two contrasting sets of principles. On the one hand there are the principles associated with traditional morality. Although these allow a modicum of self-interest, their emphasis is on our duties and obligations to others: to treat people honestly and with respect, to treat them fairly and without prejudice, to help and are for them when needed, and ultimately, to put their needs above their own. On the other (...) hand there are the principles associated with the entrepreneurial self-interest. These also impose obligations, but of a much more limited kind. Their emphasis is competitive rather than cooperative: to advance our own interests rather than to meet the needs of others. Both sets of principles have always been present in society but in recent years, traditional moral authorities have lost much of their force and the morality of self-interest has acquired a much greater social legitimacy, over a much wider field of behavior, than ever before. The result of this is that in many situations it is no longer at all apparent which set of principles should take precedence. In this book, John Hendry traces the cultural and historical origins of the 'bimoral' society have also led to new, more flexible forms of organizing, which have released people's entrepreneurial energies and significantly enhanced the creative capacities of business. Working within these organizations, however is fraught with moral tensions as obligations and self-interest conflict and managers are pulled in all sorts of different directions. Managing them successfully poses major new challenges of leadership, and 'moral' management, as the technical problem-solving that previously characterized managerial work is increasingly accomplished by technology and market mechanisms. The key role of management becomes the political and moral one of determining purposes and priorities, reconciling divergent interests, and nurturing trust in interpersonal relationships. Exploring these tensions and challenges, Hendry identifies new issues of contemporary management and puts recognized issues into context. He also explores the challenges posed for a post-traditional society as it seeks to regulate and govern an increasingly powerful and global business sector. (shrink)
The two authors of this paper have diametrically opposed views of the prevalence and strength of adaptation in nature. Hendry believes that adaptation can be seen almost everywhere and that evidence for it is overwhelming and ubiquitous. Gonzalez believes that adaptation is uncommon and that evidence for it is ambiguous at best. Neither author is certifiable to the knowledge of the other, leaving each to wonder where the other has his head buried. Extensive argument has revealed that each author (...) thinks his own view is amply supported by both theory and empirical evidence. Further reflection has revealed that the differences in opinion may start with the different disciplines in which we work: evolutionary ecology for Hendry and community ecology for Gonzalez. In the present paper, we each present devastating evidence supporting our own position and thus refuting that of the other. We then identify the critical differences that led to such opposing views. We close by combining our two perspectives into a common framework based on the adaptive landscape, and thereby suggest means by which to assess the prevalence and strength of adaptation. (shrink)
In this article I assess the problems and prospects of a microstructural approach to chemical substances. Saul Kripke and Hilary Putnam famously claimed that to be gold is to have atomic number 79 and to be water is to be H2O. I relate the first claim to the concept of element in the history of chemistry, arguing that the reference of element names is determined by atomic number. Compounds are more difficult: water is so complex and heterogeneous at the molecular (...) level that `water is H2O' seems false under some interpretations. I sketch a response to this problem. (shrink)
Lavoisier defined an element as a chemicalsubstance that cannot be decomposed usingcurrent analytical methods. Mendeleev saw anelement as a substance composed of atoms of thesame atomic weight. These `definitions' doquite different things: Lavoisier'sdistinguishes the elements from the compounds,so that the elements may form the basis of acompositional nomenclature; Mendeleev's offersa criterion of sameness and difference forelemental substances, while Lavoisier's doesnot. In this paper I explore the historical andtheoretical background to each proposal.Lavoisier's and Mendeleev's explicitconceptions of elementhood differed from eachother, and (...) from the official IUPAC definitionof `element' of the 1920s. However, Lavoisierand Mendeleev both subscribed to – andemployed – a deeper notion of a chemicalelement as the component of compound substancesthat (i) can survive chemical change, and (ii)explains the chemical behaviour of itscompounds. (shrink)
We argue that the inference from dispositional essentialism about a property (in the broadest sense) to the metaphysical necessity of laws involving it is invalid. Let strict dispositional essentialism be any view according to which any given property’s dispositional character is precisely the same across all possible worlds. Clearly, any version of strict dispositional essentialism rules out worlds with different laws involving that property. Permissive dispositional essentialism is committed to a property’s identity being tied to its dispositional profile or causal (...) role, yet is compatible with moderate interworld variation in a property’s dispositional profile. We provide such a model of dispositional essentialism about a property and metaphysical contingency of the laws involving it. (shrink)
In this paper I investigate two views of theoretical explanation in quantum chemistry, advocated by John Clarke Slater and Charles Coulson. Slater argued for quantum‐mechanical rigor, and the primacy of fundamental principles in models of chemical bonding. Coulson emphasized systematic explanatory power within chemistry, and continuity with existing chemical explanations. I relate these views to the epistemic contexts of their disciplines.
A number of the most influential presentations of normative stakeholder theory are based upon an economic model of the firm as a nexus of contracts. In this paper I argue that the use of such a model to address moral issues is both logically and practically problematic and effectively undermines the stakeholder position. I then sketch out the key characteristics of an alternative, social relationships model of the firm, and show how this might provide a basis for the development of (...) a more relevant and robust version of normative stakeholder theory than has hitherto been proposed. (shrink)
Over the last twenty years the organization of business activity appears to have shifted from an emphasis on bureaucratic organizations toward an emphasis on market structures. Economic self-interest has acquired a new social legitimacy, and the force of traditional moral authorities has waned. In these circumstances the work of Emile Durkheim on the problematics of business ethics and the impact of a culture of self-interest on the stability of society, work that has hitherto been neglected by the business ethics community, (...) acquires a new relevance. In this paper we review Durkheim''s problematization of business ethics, establish its relevance for the contemporary world, and use it to develop an empirical research agenda for the contemporary sociology of business ethics. (shrink)
Arthur Fine and André Kukla have argued that realism and instrumentalism are indifferent with respect to scientific practice. I argue that this claim is ambiguous. One interpretation is that for any practice, the fact that that practice yields predictively successful theories is evidentially indifferent between scientific realism and instrumentalism. On the second construal, the claim is that for any practice, adoption of that practice by a scientist is indifferent between their being a realist or instrumentalist. I argue that there are (...) no good arguments for the indifference claim under the second interpretation, and good reasons to think that it is false. (shrink)
In his essay "on likeness of meaning" nelson goodman proposed that two terms have the same meaning if and only if they have the same primary and secondary extensions. In a later essay "on some differences about meaning" he reformulates his proposal: two terms have the same meaning if and only if they have the same extension and certain of their parallel compounds have the same extension. First, I argue that because the first but not the second formulation allows for (...) interlinguistic meaning comparisons, Goodman proposed two theories on synonymy rather than one. Second, I argue that the first theory suffers from the fatal defect of entailing that any two coextensive terms are synonymous. (shrink)
Many readers of Mynors' commentary must have been mildly puzzled by the last sentence of his note on 491: ‘Some sensitive modern ears catch an echo of the Homeric emathoeis, “sandy” and haima, “blood”’. In commenting on the same line, Thomas is less negative, but mentions only the blood, not the sand: ’Haemi … campos: given the force of pinguescere … V. surely intends a gloss—“plains of blood” ‘.2 He provides no further guidance as to who might be the owner (...) of Mynors’ ‘sensitive modern ears’. For the record, the answer is George Doig, and his case is far stronger than Mynors' dismissive comment might be taken to imply.3 The first point in favour is the inaccuracy of Vergil's geographic reference. (shrink)
Hippolytus' declamation on the progress of human depravity brings him from the invention of weapons to the climactic horror of stepmothers , after which he turns to the vices of women in general and Medea in particular.
In Ars Amatoria 3.267–72, part of a longer sequence which begins in 261, Ovid advises his female readers on how to conceal various physical shortcomings. Text and apparatus are quoted from Kenney's revised OCT: quae nimium gracilis, pleno uelamina filo sumat, et ex umeris laxus amictus eat; pallida purpureis tangat sua corpora uirgis, nigrior ad Pharii confuge piscis opem; pes malus in niuea semper celetur aluta, arida nee uinclis crura resolue suis;….
A. E. Housman has written that the context of Juvenal 5.140 is ‘the most obscure in Juvenal’ . I am primarily concerned with the following five lines, but the entire passage , and its position in the poem, must also be examined.
R. J. Tarrant has remarked that ‘Latin poets from Ovid onward...felt an almost irresistible urge to mention the Isthmus of Corinth wherever possible’,2 and A. E. Housman admitted to a similar, though less urgent, inclination to introduce the city of Corinth into the passage quoted: ‘inter 295 et 296 excidisse uidetur uersus cuius clausula fuerit Corinthus’. Corinth would, of course, be very much at home in this list of depraved and wealthy Greek cities, and would suitably head the list.
Philosophers of language have long recognized that in opaque contexts, such as those involving propositional attitude reports, substitution of co-referring names may not preserve truth value. For example, the name ‘Clark Kent’ cannot be substituted for ‘Superman’ in a context like:1. Lois believes that Superman can flywithout a change in truth value. In an earlier paper , Jennifer Saul demonstrated that substitution failure could also occur in ‘simple sentences’ where none of the ordinary opacity-producing conditions existed, such as:2. Superman (...) leaps more tall buildings than Clark Kent does.Accounts focusing on opacity were unable to explain our ‘anti-substitution intuitions’ in such cases.In Simple Sentences, Substitution, and Intuitions, Saul extends her earlier work. She provides a comprehensive presentation and criticism of recent accounts of simple sentence substitution failure, and proposes a new approach drawing on psychological evidence about cognitive processing. Saul's purpose is not merely to solve the substitution puzzle cases, but to make …. (shrink)
Intuitions play an important role in contemporary epistemology. Over the last decade, however, experimental philosophers have published a number of studies suggesting that epistemic intuitions may vary in ways that challenge the widespread reliance on intuitions in epistemology. In a recent paper, Jennifer Nagel offers a pair of arguments aimed at showing that epistemic intuitions do not, in fact, vary in problematic ways. One of these arguments relies on a number of claims defended by appeal to the psychological literature (...) on intuitive judgment and on mental state attribution (also known as “theory of mind”, “mindreading” and “folk psychology”). I call this the "theoretical argument". The other argument relies on recent experimental work carried out by Nagel and her collaborators. It is my contention that in setting out her theoretical argument, Nagel offers an account of the relevant scientific literature that is, in crucial respects, flawed and misleading. My main goal in this paper is to rectify these errors and to make it clear that, once this is done, Nagel’s theoretical argument collapses. Since Nagel’s experimental work has not yet been published, and available details are very sketchy, I do not discuss this work in detail. However, in the final section of the paper I offer some critical observations about Nagel’s strategy for dealing with empirical data that does not support her view – both other people’s and her own. (shrink)
Jennifer Windt’s Dreaming is an enormously rich and thorough book, developing illuminating connections between dreaming, the methodology of psychology, and various philosophical subfields. I’ll focus on two epistemological threads that run through the book. The first has to do with the status of certain assumptions about dreams. Windt argues that the assumptions that dreams involve experiences, and that dream reports are reliable — are methodologically necessary default assumptions, akin to Wittgensteinian hinge propositions. I’ll suggest that Windt is quietly pre-supposing (...) some sceptical assumptions, and that recent literature in epistemic externalism may bear in important ways on her arguments. The second thread involves the perennial sceptical worry that dreaming threatens ordinary knowledge. I’ll suggest again that Windt makes tacit sceptical assumptions one may wish to resist. (shrink)
Robin Hendry has recently argued that although the term ‘element’ has traditionally been used in two different senses, there has nonetheless been a continuity of reference. The present article examines this author’s historical and philosophical claims and suggests that he has misdiagnosed the situation in several respects. In particular it is claimed that Hendry’s arguments for the nature of one particular element, oxygen, do not generalize to all elements as he implies. The second main objection is to (...) class='Hi'>Hendry’s view that the qua problem can be illuminated by appeal to the intention of scientists.Keywords: Element; Simple substance; Basic substance; Antoine Lavoisier; Dmitri Mendeleev; Reference; Qua problem. (shrink)