This book provides the first systematic, book-length defence of natural law ideas in ethics, politics and jurisprudence since John Finnis's influential Natural Law and Natural Rights. Incorporating insights from recent work in ethical, legal and social theory, it presents a robust and original account of the natural law tradition, challenging common perceptions of natural law as a set of timeless standards imposed on humans from above. Natural law, Jonathan Crowe argues, is objective and normative, but nonetheless historically extended, (...) socially embodied and dependent on contingent facts about human nature. It reflects the ongoing human quest to work out how best to live flourishing lives, given the natures we have and the social environments we inhabit. The nature and purpose of law can only be adequately understood within this wider context of value. Timely, wide-ranging and clearly written, this volume will appeal to those working in law, philosophy and religious studies. (shrink)

Volume 10, Issue 2, June 2019, Page 237-245.

The natural law tradition in ethics and jurisprudence has undergone a revival in recent years, sparked by the work of John Finnis and the 'new natural law theorists' in the early 1980s. The ensuing decades have seen the emergence of an increasingly rich body of natural law scholarship, but this diversification has gone unnoticed by many outside the field. This article seeks to clarify the relationship between the core claims of the new natural law outlook and the more specific views (...) of individual authors. It begins by discussing the place of the new natural law theory within contemporary natural law scholarship. It then offers an account of the core elements of the new natural law framework that emphasises their compatibility with a range of ethical and philosophical viewpoints. (shrink)

This article considers natural law perspectives on the nature of law. Natural law theories are united by what Mark Murphy calls the natural law thesis: law is necessarily a rational standard for conduct. The natural law position comes in strong and weak versions: the strong view holds that a rational defect in a norm renders it legally invalid, while the weak view holds that a rational defect in a legal norm renders it legally defective. The article explores the motivations for (...) the natural law position, before considering three lines of natural law argument found in the literature. I conclude by examining the arguments offered by John Finnis and Murphy in support of the weak natural law view. I suggest that these arguments fail to impugn the strong natural law thesis. Indeed, the functional argument outlined by Murphy provides a plausible route to a hybrid natural law view that incorporates both weak and strong claims. (shrink)

Talk about social or distributive justice, at least among legal and political philosophers, tends to focus heavily on institutions. This way of thinking about justice owes a great deal to John Rawls. Rawls’s theory of justice was famously criticised by Robert Nozick, who in turn attracted an influential critique from G. A. Cohen. The story of these critiques is well known, but this article tells it in an unfamiliar way. The common theme in Nozick’s and Cohen’s arguments, I contend, is (...) that there is a way of thinking about social justice that focuses not primarily on institutions, but rather on interpersonal relationships. I call this idea small justice. Justice, on this view, is identified with whatever institutions would arise through a process of social evolution from ethical interpersonal dealings repeated consistently over time. (shrink)

Natural law ethics holds that practical rationality consists in engaging in non-defective ways with a range of fundamental goods. These basic goods are characteristically presented as reflecting the natural properties of humans, but the details of this picture vary widely. This article argues that natural law ethics can usefully be understood as a type of dispositional theory of value, which identifies the basic goods with those objectives that humans are characteristically disposed to pursue and value for their own sake. Natural (...) law theories of practical rationality can then be understood as attempts to capture the principles that would govern engagement with the basic goods under ideal conditions. The article begins by offering an account of normative inclinations as human dispositions both to act in certain ways and to believe that the actions are worthwhile or required. It then explores the implications of this account for natural law ethics, discussing the role of the basic goods in practical rationality, whether the goods may change over time and the connection between the goods and human nature. (shrink)

This paper discusses the implications of the ethical theory of Emmanuel Levinas for theoretical debates about legal obligation. I begin by examining the structure of moral reasoning in light of Levinas's account of ethics, looking particularly at the role of the third party (le tiers) in modifying Levinas's primary ethical structure of the face to face relation. I then argue that the primordial role of ethical experience in social discourse, as emphasised by Levinas, undermines theories, such as that of H. (...) L. A. Hart, that propose a systematic distinction between legal and moral species of obligation. (shrink)

This article explores the claim that law is characteristically in search of the past. We argue that the structure of memory defines our relationship with the past and this relationship, in turn, has important implications for the nature of law. The article begins by examining the structure of memory, drawing particularly on the work of Henri Bergson. It then draws out the implications of Bergson’s theory for the interplay of past and present, highlighting the challenges this poses for law’s project (...) of retrieval. Law, as an artifact, seeks its origins in human action, but this often yields a static view of legal discourse as the retrieval of pivotal moments. Bergson, by contrast, shows us that past and present influence each other dynamically, giving rise to an integrated whole. The article concludes by exploring the potential for law to transcend the structure of memory. We argue that even beyond the limits of memory legal reasoning encounters a kind of residue left by the ethical foundations of law. Law searches vainly for the past, but what it finds is itself. (shrink)

This paper explores methodological connections between the existentialist and natural law traditions, with particular emphasis on the writings of Jean-Paul Sartre and John Finnis. Existentialist approaches to phenomenology hold promise in illuminating the epistemological foundations of natural law accounts, especially those emphasising human self-fulfilment through practical choice. Some methodological challenges common to projects in the fields of existentialist ethics and natural law are discussed. It is suggested that an existentialist perspective holds potential in reinforcing contemporary natural law responses to the (...) so-called 'fact-value distinction'. Such an approach affords a promising methodological structure for investigating the pre-moral foundations for social judgements of ethical significance, thereby providing qualified support for the type of natural law theory advocated by Finnis. (shrink)

The dominant theoretical approach to the prohibition of exclusionary conduct in competition law distinguishes exclusionary conduct from normal competitive conduct based on their economic outcomes....

Philosophers continue to be sceptical about the possibility of constructing an existentialist ethical theory. This article explores two of the main reasons for this scepticism and draws on Jean-Paul Sartre's "Existentialism and Humanism" to suggest that there is a way around them.

This article explores and critiques Ronald Dworkin's arguments on the value of integrity in law. Dworkin presents integrity in both legislation and adjudication as holding inherent political value. I defend an alternative theory of the value of integrity, according to which integrity holds instrumental value as part of a legal framework that seeks to realise a particular set of basic values taken to underpin the legal system as a whole. It is argued that this instrumental-value theory explains the value of (...) integrity more satisfactorily than Dworkin's inherent-value account. The article concludes with a discussion of Dworkin's 'one right answer thesis'. Although the proposed theory of integrity does not support a strong version of Dworkin's thesis, it does suggest that there will be a single correct answer to legal questions more often than for normative deliberation generally. (shrink)

This thought-provoking Research Handbook provides a snapshot of current research on natural law theory in ethics, politics and law, showcasing the breadth and diversity of contemporary natural law thought. The Research Handbook on Natural Law Theory examines topics such as foundational figures in Western natural law theory, natural law ideas in a variety of religious and cultural traditions, normative foundations of natural law, as well as issues of law and governance. Featuring contributions by leading international scholars, this Research Handbook offers (...) a valuable resource for scholars in law, philosophy, religious studies and related fields. (shrink)

‘No trace anywhere of life’, Samuel Beckett says, ‘pah, no difficulty there, imagination not dead yet, yes, dead, good, imagination dead imagine’.1 Imagination oscillates in Beckett’s dense text be...

The principle of government neutrality, as commonly understood, enshrines the idea that government bodies ought to treat all citizens equally. I argue that the traditional interpretation of this principle in liberal constitutionalism has involved a prohibition against legal actors distinguishing between subjects on the basis of their personal characteristics. This approach is unsatisfactory, as it constrains the law's ability to respond to evolved social practices of discrimination. To illustrate this point, I draw on the writings of Jean-François Lyotard and recent (...) judicial decisions on the First Amendment to the United States Constitution. (shrink)

This article engages with Desmond Manderson's recent book, Proximity, Levinas and the Soul of Law. I begin by examining a vexed topic in Levinas scholarship: namely, the very possibility of a Levinasian legal theory. Manderson makes a constructive and, I think, important contribution to this question, insisting that Levinas does not require us to segregate the domains of ethics and law, as some interpreters have suggested. This basic issue provides us with a springboard to explore two other themes in Manderson's (...) reading of Levinas. The first concerns the relationship between self- and other-oriented approaches to ethical and legal discourse; the second, the role of ethical experience in informing and shaping judicial reasoning. (shrink)

Mediation is becoming more and more prominent as a mode of legal dispute resolution. The problem of legitimacy in mediation raises the question of why mediation is legitimate as a means of settling social disputes. This issue mirrors a long-running and deep-seated problem of legitimacy in law generally. We argue that the most promising strategy for justifying the normative force of law - namely, that law provides a mutually beneficial mechanism of social coordination - does not translate straightforwardly to the (...) mediation context. A distinctive response to the problem of legitimacy in mediation is therefore needed. The consensual nature of mediation may render it legitimate in some contexts, but it is unlikely to do so in others. Our conclusion is threefold: the problem of legitimacy in mediation exists; it is distinct from the problem of legitimacy in law generally; and the problem is more intractable than is generally thought. (shrink)

The American philosopher Robert Nozick is best known for his controversial book, Anarchy, State, and Utopia, in which he advanced a radical libertarian account of the state. However, as A. R. Lacey observes in this commendably concise overview of Nozick's philosophical writings, Nozick himself always resisted being labelled a political philosopher. Indeed, as Lacey's book demonstrates, Nozicks published work touched on a remarkably wide range of philosophical issues, including not only political philosophy and ethics, but also epistemology, the nature of (...) rationality, and various topics in metaphysics. ISBN: 0691090459. (shrink)

Kurz vor seinem Tod erzählte Plenty Coups, der letzte große Häuptling der Crow, seine Geschichte – bis zu einem gewissen Punkt: »Als die Büffelherden verschwanden, fielen die Herzen meiner Leute zu Boden und sie konnten sie nicht mehr aufheben. Danach ist nichts mehr geschehen.« Diese verstörende Äußerung über ein Volk, das vor dem Ende seiner Lebensweise steht, ist Ausgangspunkt für Jonathan Lears bewegende philosophische Untersuchung. Ihm zufolge wirft die Geschichte von Plenty Coups eine tiefgreifende ethische Frage auf, die uns (...) alle angeht: Wie sollen wir mit der Möglichkeit umgehen, dass unsere eigene Kultur zusammenbrechen könnte, wie mit dieser Verwundbarkeit leben? Ist es sinnvoll, sich einer solchen Herausforderung mutig zu stellen? -/- Auf Grundlage der Anthropologie und Geschichte der nordamerikanischen Ureinwohner und mittels Philosophie und psychoanalytischer Theorie erforscht Lear die Geschichte der Crow im Angesicht der kulturellen Zerstörung. Sein Buch ist eine tiefschürfende und höchst originelle philosophische Studie über eine eigentümliche Verletzlichkeit, die den Kern der conditio humana betrifft. (shrink)

This collection is about composing thought at the level of modernism and decomposing it at the postmodern level where many cocks might crow with African philosophy as a focal point. It has two parts: part one is titled 'The journey of reason in African philosophy', and part two is titled 'African philosophy and postmodern thinking'. There are seven chapters in both parts. Five of the essays are reprinted here as important selections while nine are completely new essays commissioned for this (...) book. As their titles suggest, in part one, African philosophy is unfolded in the manifestation of reason as embedded in modern thought while in part two, it draws the effect of reason as implicated in the postmodern orientation. The idea of the book is to open new vistas for the discipline of African philosophy. African philosophy is thus presented as a disagreement discourse. Without rivalry of thoughts, Africa will settle for far less. This gives postmodernism an important place, perhaps deservedly more important than history of philosophy allocates to it. It is that philosophical moment that says 'philosophers must cease speaking like gods in their hegemonic cultural shrines and begin to converse across borders with one another'. In this conversation, the goal for African philosophers must not be to find final answers but to sustain the conversation which alone can extend human reason to its furthermost reaches. (shrink)

After this, nothing happened -- Ethics at the horizon -- Critique of abysmal reasoning.

What is the appropriate relation of human reason to the human psyche--indeed, to human life--taken as a whole? The essays in this volume range over literature and ethics, psychoanalysis, social theory, and ancient Greek philosophy. But, from different angles, they all address this question. Wisdom Won from Illness probes deep into the heart of psychoanalysis to understand how it illuminates the human condition. At the same time it goes back to the origins of psychological thinking in ancient Greece--and the effort (...) to understand the ethical life of human beings. It examines the continuing travails of the Crow Nation in its efforts to find ways to live after cultural catastrophe. It probes the deep meaning of Kierkegaard's irony. It also considers two of the great writers of our time--John Coetzee and Marilynne Robinson--and their use of literature to change the human mind. Socrates thought reason should rule over the whole psyche; but much hangs on what we might mean by this claim. We humans have inflicted unimaginable suffering on each other, justified by arrogant conceptions of reason, and of ruling. The same is true of our treatment of other animals. False images of reason regularly blind us to the claims and reality of others. One way to react to all this pain and destruction is to denounce the very idea of reason as nothing more than an ideological tool of power. This book argues that is the wrong way to go. We should not be too quick to dismiss our real human capacities just because they have so often been put to such poor uses. The essays in this book aim to offer a philosophical anthropology and psychology that is adequate to who we are--and who we might legitimately hope to become.--. (shrink)

Schizophrenia is a worldwide, prevalent disorder with a multifactorial but highly genetic aetiology. A constant prevalence rate in the face of reduced fecundity has caused some to argue that an evolutionary advantage exists in unaffected relatives. Here, I critique this adaptationist approach, and review – and find wanting – Crow's “speciation” hypothesis. In keeping with available biological and psychological evidence, I propose an alternative theory of the origins of this disorder. Schizophrenia is a disorder of the social brain, and it (...) exists as a costly trade-off in the evolution of complex social cognition. Paleoanthropological and comparative primate research suggests that hominids evolved complex cortical interconnectivity (in particular, frontotemporal and frontoparietal circuits) to regulate social cognition and the intellectual demands of group living. I suggest that the ontogenetic mechanism underlying this cerebral adaptation was sequential hypermorphosis and that it rendered the hominid brain vulnerable to genetic and environmental insults. I argue that changes in genes regulating the timing of neurodevelopment occurred prior to the migration of Homo sapiens out of Africa 100,000–150,000 years ago, giving rise to the schizotypal spectrum. While some individuals within this spectrum may have exhibited unusual creativity and iconoclasm, this phenotype was not necessarily adaptive in reproductive terms. However, because the disorder shared a common genetic basis with the evolving circuitry of the social brain, it persisted. Thus schizophrenia emerged as a costly trade-off in the evolution of complex social cognition. Key Words: cortical connectivity; evolution; heterochrony; metarepresentation; primates; psychiatry; schizophrenia; social brain; social cognition. (shrink)

The renewed interest in the issue of black reparations, both in the public sphere and among scholars, is a welcome development because the racial injustices of the past continue to shape American society by disadvantaging African Americans in a variety of ways. Attention to the past and how it has shaped present-day inequality seems essential both to understanding our predicament and to justifying policies that would address and undermine racial inequality. Given this, any argument for policies designed to pursue racial (...) justice must be, at least in part, backward-looking, justifi ed partly as compensation for the effects of the wrongs of the past. However, some arguments about black reparations, both pro and con, are focused too far in the past. An unspoken assumption of much of the debate about black reparations is that these would be reparations for slavery. This, we argue, is a mistake. Racial inequality in the United States today may, ultimately, be based on slavery, but it is also based on the failure of the country to take effective steps since slavery to undermine the structural racial inequality that slavery put in place. From the latter part of the nineteenth century through the fi rst half of the twentieth century, the Jim Crow system continued to keep Blacks “in their place,” and even during and after the civil rights era no policies were adopted to dismantle the racial hierarchy that already existed. An important part of the story of racial inequality today is the history of housing and lending discrimination in the second half of the twentieth century (McCarthy 2002; 2004). Home equity, for many Americans, is a very important source of wealth, and the decades after World War II were ones of rapid home equity growth. They were the decades that saw the creation of a large, mostly suburban, middle class. But the middle class that was created was also mostly White, and this was due largely to government policies that (in many cases intentionally) excluded Blacks from the opportunities to get into the home market and benefi t from home equity growth. In this paper we argue that recent housing and lending discrimination constitutes an important basis for black reparations.. (shrink)

Although Booker T. Washington stands outside the theological canon, his writings offer a pragmatic theology that connects the desire for dignity to a kenotic Christology through an ethic of unceasing work. While Washington's project to improve the lives of African Americans in the Jim Crow–era South was severely compromised by political circumstances, problems within his theology of work made his project especially susceptible to those circumstances. The tragedy of Washington's theology stems from his making dignity contingent upon work being recognized (...) as useful by a worker's community. His kenotic ideal of “Christlike” work can actually degrade workers, if their community refuses to recognize their work's merit. Workers’ anxiety about dignity causes them to pour themselves into their work, but a racist society sees African American workers as inherently undignified. Even without Jim Crow's pervasive violence, the postindustrial reappearance of economic doctrines that characterized Washington's era makes his theological ethic relevant again. (shrink)

Siamo creature che hanno bisogno di dare senso alle cose. Non si tratta sol­tanto di un’importante esigenza psicologica, ma di una condizione per poter es­sere chi siamo. Ma a quali condizioni le cose possono avere senso? Un mo­do per studiare l’intelligibilità – la possibilità, cioè, che le cose abbiano sen­so – consiste nel prendere in considerazione quelle situazioni in cui l’in­telligibilità sembra venire meno. Comprendendo queste condizioni-limite – quan­do e perché le cose smettono di avere senso – possiamo forse capire (...) da che cosa dipenda l’intelligibilità. I membri della nazione indiana dei crow spe­rimentarono qualcosa di simile a un crollo del significato, dopo il loro in­gresso nella riserva. Analizzare la loro toccante vicenda può aiutarci a ca­pire meglio che cosa significhi essere privati di un mondo.We are creatures who need to make sense of things. This is not just an im­por­tant psychological need; it is a condition of who we are. But what are the conditions of the possibility of things making sense? One way to study in­telligibility – the possibility of things making sense – is to consider si­tua­tions in which intelligibility seems to break down. In coming to understand the­se limit conditions – when and why things no longer make sense – we can perhaps grasp that on which the intelligibility of things depends. The mem­­bers of the crow nation of Indians experienced something like a break­down of meaning, after they moved into the reservation. By examining their poignant story, we can understand better what it is to be deprived of a world. (shrink)

We consider the relationship between neural and behavioural evidence for animal consciousness. We critically examine two recent studies: one neural and one behavioural. The first, on crows, finds different neural activity depending on whether a stimulus is reported as seen or unseen. However, to implicate this neural activity in consciousness, we must assume that a specific conditioned behaviour is a report of conscious experience. The second study, on macaques, records behaviours strikingly similar to patterns of conscious and unconscious perception in (...) humans. However, confounds are only ruled out in human subjects, presupposing substantial neural similarity between humans and macaques. Taken together, the two studies reveal a sense in which neural and behavioural research rely on each other. Looking ahead, these two types of evidence could prove to be either mutually reinforcing or mutually undermining. The science of animal consciousness needs both neural and behavioural evidence, ideally obtained as part of a single coordinated programme. (shrink)

The democratic backsliding that has accelerated across the globe over the past decade has included a rollback of liberal arts and sciences (LAS) as a system of university education. This essay explores the origins and goals of the global LAS education reform movement. I argue that while the movement is under threat largely due to its principled value of educating democratic citizens, it still has powerful potential and global impact; in part because LAS education is primarily an indigenous phenomenon adapting (...) to local circumstances. I also argue that U.S. universities could contribute more constructively to the movement if they conceived of their role as global civic actors that conduct themselves in the spirit of mutuality and reciprocity, not as multinational corporations that channel neoliberal tendencies to maximize revenue. U.S. critics of the global LAS movement should also pay heed to the United States’ own history. Specifically, they can learn from historically Black colleges and universities how, operating under the extreme authoritarianism of the Jim Crow era, they managed to produce leaders who shaped a more democratic country. Liberal arts education produces short term benefits for students and alumni, but in the democratic context it is a long-term wager. (shrink)

Commentary on Crowe's metaethics and his theory of law as a goodness-fixing kind.

The dominant theme across the three comments from Elizabeth Anker, Jonathan Crowe, and Ben Golder, is a plea for more engagement with the ethics and politics of adjudication. The commentators argue...

How should one understand knowledge-wh ascriptions? That is, how should one understand claims such as ‘‘I know where the car is parked,’’ which feature an interrogative complement? The received view is that knowledge-wh reduces to knowledge that p, where p happens to be the answer to the question Q denoted by the wh-clause. I will argue that knowledge-wh includes the question—to know-wh is to know that p, as the answer to Q. I will then argue that knowledge-that includes a contextually (...) implicit question. I will conclude that knowledge is a question-relative state. Knowing is knowing the answer, and whether one knows the answer depends (in part) on the question. (shrink)