In this paper, I argue that there is a picture of how law works that most legal theorists are implicitly committed to and take to be common ground. This Standard Picture (SP, for short) is generally unacknowledged and unargued for. SP leads to a characteristic set of concerns and problems and yields a distinctive way of thinking about how law is supposed to operate. I suggest that the issue of whether SP is correct is a fundamental one for the philosophy (...) of law, more basic, for example, than the issue that divides legal positivists and anti-positivists, at least as the latter issue is ordinarily understood. The goals of the paper are fourfold: 1) to identify and articulate in some detail the Standard Picture; 2) to show that SP is widely held and has important consequences for other debates in the philosophy of law; 3) to show that SP leads to a serious theoretical problem; 4) to sketch an alternative picture that promises to avoid this problem. I emphasize the modesty of these goals in one respect. I make no claim to refute SP or to fully develop and defend an alternative picture. (shrink)

Terror management theory and research can rectify shortcomings in Atran & Norenzayan's (A&N's) analysis of religion. (1) Religious and secular worldviews are much more similar than the target article supposes; (2) a propensity for embracing supernatural beliefs is likely to have conferred an adaptive advantage over the course of evolution; and (3) the claim that supernatural agent beliefs serve a terror management function independent of worldview bolstering is not empirically supported.

I offer a new argument against the legal positivist view that non-normative social facts can themselves determine the content of the law. I argue that the nature of the determination relation in law is rational determination: the contribution of law-determining practices to the content of the law must be based on reasons. That is why it must be possible in principle to explain what makes the law have the content that it does. It follows, I argue, that non-normative facts about (...) statutes, judicial decisions, and other practices cannot themselves determine the content of the law. A full account must appeal to considerations independent of the practices that determine the relevance of the practices to the content of the law. Normative facts are the best candidates. (shrink)

In this paper, I propose a new way of understanding the space of possibilities in the field of mental content. The resulting map assigns separate locations to theories of content that have generally been lumped together on the more traditional map. Conversely, it clusters together some theories of content that have typically been regarded as occupying opposite poles. I make my points concrete by developing a taxonomy of theories of mental content, but the main points of the paper concern not (...) merely how to classify, but how to understand, the theories. Also, though the paper takes theories of mental content as a case study, much of the discussion is applicable to theories of other phenomena. To a first approximation, the difference between the traditional and the proposed taxonomies turns on whether we classify theories of content by, on the one hand, their implications for a non-redundant supervenience base for content facts (i.e., for facts about what contents thoughts have) or, on the other, by their constitutive accounts of content. By a "constitutive account," I mean the kind of elucidation of the nature of a phenomenon that theorists have tried to give for, for example, knowledge, justice, personal identity, consciousness, convention, heat, and limit. The tendency to taxonomize by supervenience base is encouraged, I suggest, by a failure to keep clearly in view a distinction between constitutive and modal determination. Many philosophers would accept that a constitutive account cannot be captured in purely modal terms. Giving a constitutive account is not the same as specifying modally necessary and sufficient conditions. Nevertheless, philosophers often try to cash constitutive claims in modal terms. A case in point is that theories of content tend to be conceptualized in terms of the theories' implications for a supervenience base for content facts. My thesis goes beyond the by-now somewhat familiar proposition that not all modal determinants of a phenomenon are constitutive determinants. One who has taken that point on board might nevertheless conceive of a philosophical account as an attempt to specify constitutive determinants of the target phenomenon that make up a non-redundant supervenience base for the phenomenon. Shoehorning a philosophical account into this form leaves out elements that are modally redundant, but may be explanatorily or ontologically significant. For example, when a constitutive account has multiple levels, the different levels will typically be modally redundant. Formulating the account as a specification of a supervenience base of constitutive determinants will therefore flatten the account into a single level. Many of my arguments can be illustrated by considering the place of normativity in the theory of content. The new taxonomy gives a distinct niche to normative theories of content - theories that explain a thought's having a certain content at least in part in terms of the obtaining of normative facts. By contrast, on a traditional map, normative theories are invisible as such because normative facts supervene on non-normative ones. (shrink)

In this paper, I deploy an argument that I have developed in a number of recent papers in the service of three projects. First, I show that the most influential version of legal positivism – that associated with H.L.A. Hart – fails. The argument’s engine is a requirement that a constitutive account of legal facts must meet. According to this rational-relation requirement, it is not enough for a constitutive account of legal facts to specify non-legal facts that modally determine the (...) legal facts. The constitutive determinants of legal facts must provide reasons for the obtaining of the legal facts (in a sense of “reason” that I develop). I show that the Hartian account is unable to meet this requirement. That officials accept a rule of recognition does not by itself constitute a reason why the standards specified in that rule are part of the law of the community. I argue that it is false that understanding the explanatory significance of officials’ acceptance of a rule is part of our reflective understanding of the nature of law. The second project of the paper is to respond to a family of objections that challenge me to explain why normative facts and descriptive facts together are better placed to provide reasons for legal facts than descriptive facts alone. A unifying theme of the objections is that explanations have to stop somewhere; descriptive facts, it is suggested, are no worse a stopping place than normative facts. Third, the paper spells out a consequence of the rational-relation requirement: if an account of what, at the most basic level, determines legal facts is true in any possible legal system, it is true in all possible legal systems. For example, if a Hartian account of legal facts is true in any possible legal system, it is true in all possible legal systems. I use this all-or-nothing result in my critique of a Hartian account, but the result is of interest in its own right. (shrink)

Tyler Burge’s influential arguments have convinced most philosophers that a thinker can have a thought involving a particular concept without fully grasping or having mastery of that concept. In Burge’s (1979) famous example, a thinker who lacks mastery of the concept of arthritis nonetheless has thoughts involving that concept. It is generally supposed, however, that this phenomenon – incomplete understanding, for short – does not require us to reconsider in a fundamental way what it is for a thought to involve (...) a particular concept. In this paper, I argue that the real significance of incomplete understanding has not been appreciated. To the extent that theorists of content address the phenomenon of thoughts involving incompletely grasped contents at all, they tend to assume that some hand-waving about deference to other thinkers who fully grasp the relevant concepts will take care of the inconvenient cases of incomplete understanding. The main lesson of Burge’s arguments is often taken to be that the content of language and thought is socially determined. On this picture, we do not need to change our basic view about what it is to have a concept; we just need to recognize that some thinkers can manage to have a concept by piggybacking on others. In contrast, on the view I defend, taking incomplete understanding seriously forces us to rethink some of our most basic assumptions about the nature of mental content. Deference is a red herring. The role of society in determining the content of thought is not the main lesson, but at most a useful clue as to the nature of mental and linguistic content. (shrink)

In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...) parallel and argue that the parallel does not hold up. Even granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of Cartesian foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy, the upshot is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. (shrink)

In a recent paper, I launch an attack on a fundamental doctrine of legal positivism. I argue that nonnormative facts cannot themselves constitutively determine the content of the law. In a response published in this journal, Ram Neta defends the view that nonnormative social facts are sufficient to determine normative facts, including both moral and legal facts. Neta's paper provides a useful opportunity to address a spelled-out version of this view, which in various forms is widely held in philosophy of (...) law and other areas of philosophy. I begin by addressing Neta's attempts to show that descriptive facts can alone determine moral and legal facts. First, Neta's account of why it is wrong to break promises fails. In addition to other problems, it begs the question by taking for granted that a person's desires or other motivational states necessarily justify the actions that they motivate. Next, I turn to Neta's attempt to provide a counterexample to my view about law. In my original paper, I claim that the nature of the constitutive determination relation in the legal domain is what I call rationaldetermination. Roughly speaking, a full constitutive account of the legal facts must include reasons that explain the relation between the determining facts and the legal facts. The facts on which Neta's putative counterexample depends cannot be reasons of the required sort because they take for granted what they are supposed to explain—the way in which nonnormative social facts contribute to the content of the law. Finally, I address the larger issue of how far my argument applies to other domains. I consider and reject Neta's argument that purports to show that all normative domains have the relevant features of the legal domain. I then sketch a competing picture of some normative domains. (shrink)

The view (most prominently advocated by Justice Scalia) that original meaning entails the constitutionality of original practices has strong intuitive appeal and has been broadly assumed by originalists and nonoriginalists alike. But the position is mistaken. We suggest that a failure to distinguish between two different notions of meaning accounts for the position's wide currency. According to the first notion, the meaning of a term is roughly what a dictionary definition attempts to convey--the semantic or linguistic understanding necessary to use (...) the term, as opposed to nonlinguistic facts about the objects or activities to which the term applies. In contrast, according to the second, looser notion, the meaning of a term incorporates the objects or activities to which the term is applied. The first notion lies behind originalism's theoretical force; it is untenable that the meaning of the Constitution in the first sense could evolve. In sharp contrast, it is not only tenable but inevitable that changes occur over time in the class of things to which a constitutional provision is applied. Once recognized, the distinction undermines the seemingly natural move from the necessity of interpreting the Constitution in accordance with how it was originally understood to the necessity of upholding practices originally understood to be constitutional. By taking the distinction on board and rejecting the assumption, originalism can readily deflect the challenges based on unacceptable original practices; as a consequence, however, it will not be tenable for originalism, in any case challenging an original practice, simply to rule out the possibility of the practice's invalidity. (shrink)

In “How Facts Make Law” (Greenberg 2004), I argue that non-normative contingent facts are not sufficient to determine the content of the law. In the present paper, I take up a challenge raised by Enrique Villanueva (2005). He suggests that, to put it very briefly, descriptive facts can be reasons of the relevant kind. Therefore, even if the content of the law depends on reasons, it does not follow that law practices cannot themselves determine the content of the law. (...) Villanueva proposes a value-neutral criterion – textualism. In other words, he suggests that the descriptive facts about the meaning of legal texts are themselves reasons that determine the contribution of law practices to the content of the law. This suggestion depends on too shallow a conception of the requirement of reasons. For the law to be rationally determined, it is not enough that there be some value-neutral criterion that specifies that law practices have certain consequences for the content of the law. There have to be reasons that explain why that criterion, as opposed to all others, is the legally correct one – the one that, in the relevant legal system, determines the contribution of law practices to the content of the law. Normative facts are the best candidates for such reasons. And, in fact, Villanueva’s textualist criterion derives its appeal from normative facts. Reasons play a central role in the ontology of law. The determinants of the content of the law, which include law-determining practices such as statutes and judicial decisions, influence the content of the law in a systematic way. But their influence on the content of the law cannot be brute: the determining facts must constitute reasons why particular legal facts obtain. Descriptive facts cannot themselves provide the necessary reasons: for any descriptive fact that is a candidate reason, there are many possible models of its significance for the legal facts. Given the descriptive facts alone, it is arbitrary which of the possible models is correct, and therefore what the legal facts are. Descriptive facts therefore cannot alone determine the content of the law. Normative facts are the best candidates for what needs to be added to the law practices in order for the determining facts to make rationally intelligible why particular legal facts, as opposed to others, obtain. (shrink)

This paper was presented at the American Philosophical Association's 2007 Berger Prize session. It is a reply to Ken Himma's comment on my paper, "How Facts Make Law," which was awarded the 2007 Berger Prize for the outstanding paper in philosophy of law published during 2004 and 2005. In his thoughtful and thought-provoking paper, Himma claims that the argument of "How Facts Make Law" must go wrong somewhere because, if successful, the argument shows too much with too little. In particular, (...) he claims that my argument, with very limited resources, reaches a conclusion that entails that subjectivist and non-cognitivist theories of morality are false. Himma insists that I should not be able to resolve such controversial debates in meta-ethics with no meta-ethical or even normative resources. My basic response has two parts. First, it is not correct that my conclusion entails that subjectivist and non-cognitivist theories of morality are false. My conclusion itself is neutral as to the metaphysics of morality. Second, it's not even true that my argument, if successful, shows that there must be moral facts. The reason is that I rely on the plausibility of the existence of moral facts (whatever their metaphysics) in arguing for my conclusion. In sum, my argument's conclusion doesn't get us nearly as far as Himma thinks. Nor are my argument's resources as meager as he claims. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter's analogy to Quine's 'naturalization of epistemology' does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter's replies to my arguments fail. Most significantly, if — contrary to the genuinely naturalistic reading of Quine that I advanced — Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter's parallel. Given Leiter's way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists' indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

Darwinian theories of culture need to show that they improve upon the commonsense view that cultural change is explained by humans? skillful pursuit of their conscious goals. In order for meme theory to pull its weight, it is not enough to show that the development and spread of an idea is, broadly speaking, Darwinian, in the sense that it proceeds by the accumulation of change through the differential survival and transmission of varying elements. It could still be the case that (...) the best explanation of why the idea has developed and spread is the conscious pursuit of human goals. Meme theory has the potential to do explanatory work in diverse ways. It can challenge the goal-based account of cultural change directly. Other possibilities for meme theory include explaining the acquisition of our goals and showing that memes and genes evolve together, each affecting the selective forces acting on the other. Raising the question of meme theory?s explanatory payoff brings out the importance of the ?selfish-meme? idea and the idea of non-content biases. Both have the potential to challenge the claim that our goals are in the driver?s seat. In order to show that a Darwinian theory of culture is more than an idle redescription, however, it is necessary to make the case that it offers explanatory gain over its competitors, in particular over the common sense goal-based account. (shrink)

In this paper, I criticize an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the “naturalization of epistemology.” Quine argued that we should replace certain traditional philosophical inquiries into the justification of our beliefs with empirical psychological inquiry into how we actually form beliefs. In a prominent series of papers and a forthcoming book, Brian Leiter (...) has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested parallel. I argue that the parallel does not hold up. I show that, granting Leiter’s substantive assumption that the law is indeterminate, there is no philosophical confusion or overreaching in the legal case that is parallel to the philosophical overreaching of foundationalism in epistemology. Moreover, if we take seriously Leiter’s analogy between, on the one hand, the justification of belief in scientific theories and, on the other, the justification of decisions in legal cases, the result is almost the opposite of what Leiter suggests. The closest parallel in the legal case to Quine’s position would be the rejection of the philosophical positions that lead to the indeterminacy thesis. Finally, the conclusion that law is indeterminate could not establish the bankruptcy of philosophical investigation into the relation between the grounds of law and the content of the law. After all, the argument for that conclusion depends on a philosophical account of the relation between the grounds of law and the content of law. The argument therefore presupposes that that relation is an appropriate subject for philosophical inquiry. (shrink)

John Leslie comes to tell us that the end of the world is closer than we think. His book is no ordinary millennial manifesto, however. Leslie is a sophisticated philosopher of science, and the source of his message is not divine revelation, apocalyptic fantasy or anxiety about the year-2000 computer problem, but ‘the Doomsday Argument’ – an a priori argument that seeks support in probability..

Fodor’s asymmetric-dependence theory of content is probably the best known and most developed causal or informational theory of mental content. Many writers have attempted to provide counterexamples to Fodor’s theory. In this paper, I offer a more fundamental critique. I begin by attacking Fodor’s view of the dialectical situation. Fodor’s theory is cast in terms of laws covering the occurrence of an individual thinker’s mental symbols. I show that, contrary to Fodor’s view, we cannot restrict consideration to hypothetical cases in (...) which his conditions for content are satisfied, but must consider whether the relevant laws exhibit the specified asymmetric-dependence relations in actual cases. My central argument is that the laws that the theory requires do not in fact exhibit the appropriate asymmetric-dependence relations. I show that, in general, part of the mechanism for the crucial, supposedly content-determining law for a mental symbol is not shared by the mechanisms for the other laws covering the occurrence of the same mental symbol. As a result, the former law can be eliminated (by eliminating the non-overlapping part of the mechanism) without eliminating the latter laws. The latter laws do not asymmetrically depend on the former law. (shrink)

Most legal theorists, including almost all positivists and many others, take for granted or are implicitly committed to an assumption that is not an official part of positivism. The assumption is that the content of the law is determined by the contents of legally authoritative pronouncements. I call it the Pronouncement View (PV, for short). The kind of determination at issue here is constitutive, not epistemic. That is, PV concerns what makes the content of the law what it is, not (...) how we ascertain the content of the law. PV is more of an organizing principle or core idea, than a precise doctrine. I have introduced PV in an unqualified form, but there are a variety of ways in which its claim could be moderated. For example, a qualified version of PV could hold that the contents of legally authoritative pronouncements play a central or predominant role in determining the content of the law. The debate between positivists and anti-positivists is often framed in a way that takes PV for granted. For example, one typical characterization takes the debate to concern whether laws must pass a moral test in order to be valid. The use of “laws” here betrays an assumption that the starting point is legally authoritative pronouncements. Given this starting point, if morality is relevant it will have to be as a way of screening the content of authoritative pronouncements. I suggest that the issue of whether a PV-based view of law is correct is more fundamental than the issue that divides legal positivists and anti-positivists, at least as the latter issue is commonly understood. For example, one common understanding of the latter issue is that positivists claim, and anti-positivists deny, that the criteria of legal validity – the criteria that determine whether a norm is legally valid – need not include moral facts. As will become clear, however, the picture of law presupposed by this way of framing the debate – according to which candidate norms qualify as legal norms by satisfying criteria of validity – is closely associated with PV and need not be accepted by non-PV-based views of law. PV leads to a characteristic set of concerns and problems, and yields a distinctive way of thinking about how law is supposed to operate. In this paper, I will offer an alternative to PV, which I call the Dependence View (DV, for short). I begin to develop the picture of law that it yields. The discussion throughout is exploratory and tentative. The goal is to sketch the alternative picture and identify problems and possible ways of developing it, not to refute the picture associated with PV. (shrink)

It is common to distinguish two great families of representation. Symbolic representations include logical and mathematical symbols, words, and complex linguistic expressions. Iconic representations include dials, diagrams, maps, pictures, 3-dimensional models, and depictive gestures. This essay describes and motivates a new way of distinguishing iconic from symbolic representation. It locates the difference not in the signs themselves, nor in the contents they express, but in the semantic rules by which signs are associated with contents. The two kinds of rule have (...) divergent forms, occupying opposite poles on a spectrum of naturalness. Symbolic rules are composed entirely of primitive juxtapositions of sign types with contents, while iconic rules determine contents entirely by uniform natural relations with sign types. This distinction is marked explicitly in the formal semantics of familiar sign systems, both for atomic first-order representations, like words, pixel colors, and dials, and for complex second-order representations, like sentences, diagrams, and pictures. (shrink)

In a circulated but heretofore unpublished 2001 paper, I argued that Leiter’s analogy to Quine’s “naturalization of epistemology” does not do the philosophical work Leiter suggests. I revisit the issues in this new essay. I first show that Leiter’s replies to my arguments fail. Most significantly, if – contrary to the genuinely naturalistic reading of Quine that I advanced – Quine is understood as claiming that we have no vantage point from which to address whether belief in scientific theories is (...) ever justified, it would not help Leiter’s parallel. Given Leiter’s way of drawing the parallel, the analogous position in the legal case would be not the Legal Realists’ indeterminacy thesis, but the very different position that we have no vantage point from which to address whether legal decisions can ever be justified. I then go on to address the more important question of whether the indeterminacy thesis, if true, would support any replacement of important legal philosophical questions with empirical ones. Although Ronald Dworkin has argued against the indeterminacy thesis, if he were wrong on this issue, it would not in any way suggest that the questions with which Dworkin is centrally concerned cannot fruitfully be addressed. The indeterminacy thesis is a bone of contention in an ordinary philosophical debate between its proponents and Dworkin. Of course, if the determinacy thesis were true, no one should try to show that it is false, but this triviality lends no support to the kind of replacement proposal that Leiter proposes. I conclude with some general reflections on naturalism and philosophical methodology. (shrink)

The distinction between the criminal fault elements of recklessness and negligence is one of Anglo-American criminal law’s key distinctions. It is a distinction with practical significance, as many serious crimes require at least recklessness and cannot be committed negligently. The distinction is standardly marked by awareness. Recklessness requires awareness that one’s conduct carries a risk of harm. Negligence only requires that one ought to have been aware that one’s conduct carried such a risk, even if one was in fact unaware (...) of this. But should the recklessness/negligence distinction be marked by awareness of risk, or by something else? Does a defendant’s awareness of risk really have the normative significance to mark such a distinction? In this paper, I answer these questions by discussing a challenge to this ‘standard account’ of the recklessness/negligence distinction raised by the work of Antony Duff, who defends an alternative, non-awareness-based model of the recklessness/negligence distinction. I will argue that, although Duff’s alternative model fails, seeing how it goes wrong helps us see how awareness genuinely does have the right kind of normative significance to mark the distinction between recklessness and negligence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Racine, Oedipus, and Absolute Fantasies*Mitchell Greenberg (bio)Tout mythe se rapporte à l’origine. Toute question d’origine ne saurait ouvrir que sur un mythe [Every myth points back to an origin. Any questioning of origins necessarily opens onto myth].—Jean-Paul Valabrega, Phantasme, mythe, corps et sensAinsi l’itinéraire de la psychanalyse freudienne est-il celui d’une recherche qui... se fait attentive à ce qui du corps réside dans les mots, s’inscrit dans les (...) traces, reste gravé en mémoire au point de n’apparaître que comme réminiscence [Thus the itinerary of Freudian psychoanalysis would be a quest for... what of the body resides in words, is inscribed in traces, or remains engraved in memory to such an extent that it only can reappear as reminiscence].—Pierre Fédida, “L’anatomie dans la psychanalyse”Something happened in the seventeenth century. Somethings in this particularly conflicted period radically altered the ways in which human subjectivity was created and internalized to produce what in our late twentieth century we have come to call modernity. Despite the different and often contradictory inflections we like to give it, it now seems fairly certain that there was a “crisis of the seventeenth century,” a crisis that was traumatic and that was marked, most significantly for our purposes at least, by an altering of subjective sensibility.In an ever-crescendoing leitmotiv from Machiavelli to Montaigne, from Richelieu to Louis XIV, from Olivares to James I, we hear echoing across Europe the same strident clamor. An anxious, pervasive suspicion that the order of things was out of kilter, that in fact the world was sinking into disorder, seems to dominate European thought in the first half of the century. 1 The fear of chaos, especially in societies whose past has been grounded in rigid hierarchical structures, is obviously exacerbated in periods of great [End Page 40] social change. Nevertheless, if we are to believe those political theorists influenced by the work of Freud, this fear, although enflamed by real experience of social unrest, reaches well beyond the actuality of a particular historical event and finds its terrifying power in the most archaic strata of the human psyche. “All civilization,” writes Eugène Enriquez,is a struggle against chaos. Not against chaos as it might or might not have actually existed in prehistoric times, but against the phantasm of a primordial chaos, of a primeval disorder, of an immixture, of the undifferentiated, against an ordinary violence.... Chaos is the constantly retreating horizon in front of which all social organization and institutions are constructed. It returns us to our ancestral fear. We embrace any and all protection against it.[101]The stately image of Classical France, therefore, an image to which we have become accustomed by almost two hundred years of academic history and which finds its most paradigmatic icon in the tragic production of Racine, tends to obscure a reality of almost constant social and religious trauma. For the purposes of my discussion, I would like to return to Racine, who is perhaps the most prominent representative of the aesthetic and ethical tradition of classicism, which, perfected in France in the mid-1600s, will go on to colonize European ethics and aesthetics into the eighteenth century. Despite the radical changes wrought by political, industrial, philosophical, and psychoanalytical revolutions, classicism, through its corollary myth of the unitary ego, continues to haunt our own inabilities to live unneurotically the various drives, contradictions, identifications, and projections that continually tell us that we are not one but many.A central paradox exists at the heart of any discussion of Racinian dramaturgy. While the tragic dilemma of Racine’s theater is profoundly anchored in the passionate, forbidden sexuality of its characters, passions that are inextricably tied to the desiring body, this body is absent, banished from the lexical construction of the Racinian text. How are we to understand the conundrum of a theater that, more than any other, presents incestuous sexual desire and its frustration as the enchafed crucible of tragedy, when the crucible itself has been exiled from the field of representation? In its plots and peripeteia, Racine’s theater ingeniously reconfigures how his protagonists... (shrink)

The rigid recoil of a crystal is the accepted mechanism for the Mössbauer effect. It’s at odds with the special theory of relativity which does not allow perfectly rigid bodies. The standard model of particle physics which includes QED should not allow any signals to be transmitted faster than the speed of light. If perturbation theory can be used, then the X-ray emitted in a Mössbauer decay must come from a single nuclear decay vertex at which the 4-momentum is exactly (...) conserved in a Feynman diagram. Then the 4-momentum of the final state Mössbauer nucleus must be slightly off the mass shell. This off-shell behavior would be followed by subsequent diffusion of momentum throughout the crystal to bring the nucleus back onto the mass shell and the crystal to a final relaxed state in which it moves rigidly with the appropriate recoil velocity. This mechanism explains the Mössbauer effect at the microscopic level and reconciles it with relativity. Because off-mass-shell quantum mechanics is required, the on-mass-shell theories developed originally for the Mössbauer effect are inadequate. Another possibility is that that the recoil response involves a non-perturbative effect in the standard model which could allow for a non-local instantaneous momentum transfer between the crystal and the decay, as proposed for example by Preparata and others in super-radiance theory. The recoil time of the crystal is probably not instantaneous, and if it could be measured, one could distinguish between various theories. An experiment is proposed in this paper to measure this time. The idea is to measure the total energy radiated due to bremsstrahlung from a charged Mössbauer crystal which has experienced a recoil. Using Larmor’s formula, along with corrections to it, allows one to design an experiment. The favored idea is to use many small nano-spheres of Mössbauer-active metals, whose outer surfaces are charged. The energy radiated then varies as the charge squared divided by the recoil time. This can then be measured with the extreme sensitivity available in Mössbauer experiments. If it turns out that experiments prove the need for off-mass-shell theory, then this would have profound implications for all of condensed matter physics. It would mean that an off-mass-shell theory like those considered by Stueckelberg, Horwitz, Piron, Greenberger, and many others are required to describe nature. The inclusion of these would be a major shift in the foundations. It would mean that there are new dynamic variables—the rest masses of particles. The ability to measure the diffusion relaxation time should prove useful also in chemical analysis, and provide a new class of analytical methods for material science. This problem is also interesting because the Mössbauer effect is a phenomenon where the solid-state environment dramatically and indisputably influences the probability of a nuclear process. (shrink)

Variable particle masses have sometimes been invoked to explain observed anomalies in low energy nuclear reactions (LENR). Such behavior has never been observed directly, and is not considered possible in theoretical nuclear physics. Nevertheless, there are covariant off-mass-shell theories of relativistic particle dynamics, based on works by Fock, Stueckelberg, Feynman, Greenberger, Horwitz, and others. We review some of these and we also consider virtual particles that arise in conventional Feynman diagrams in relativistic field theories. Effective Lagrangian models incorporating variable mass (...) particle theories might be useful in describing anomalous nuclear reactions by combining mass shifts together with resonant tunneling and other effects. A detailed model for resonant fusion in a deuterium molecule with off-shell deuterons and electrons is presented as an example. Experimental means of observing such off-shell behavior directly, if it exists, is proposed and described. Brief explanations for elemental transmutation and formation of micro-craters are also given, and an alternative mechanism for the mass shift in the Widom–Larsen theory is presented. If variable mass theories were to find experimental support from LENR, then they would undoubtedly have important implications for the foundations of quantum mechanics, and practical applications may arise. (shrink)

In various works, Mark Greenberg has positioned himself as an important critic of legal positivism. He has made a transcendental attack on a metaphysical position that some notable legal positivists have held -- namely, that law is ultimately grounded in social facts. He has pressed legal positivism at a point of perceived vulnerability – the failure of such positivists to develop and defend a compelling theory of legal content. Moreover, in his Moral Impact Theory of law, he preserves (...) a necessary connection between legal obligations and good reasons for action that is absent in legal positivism. This last point may seem particularly attractive, even to those with positivist sympathies. One of his arguments against legal positivism relies heavily on what he calls "the bindingness hypothesis"—namely, the claim that it is part of the “nature of law” that it is “supposed to operate” so as to “arrange matters” to “reliably ensure” that its legal obligations are genuinely, all-things-considered, binding. I argue that Greenberg’s defense of the bindingness hypothesis fails. I attack two other defenses he raises for the Moral Impact theory: the assertion that the Moral Impact Theory makes it easy to account for our concern with law, with the implication that legal positivism cannot so easily account for that concern; and the claim that his Moral Impact Theory fits appellate practice better than some views. I show that these the arguments for the Moral Impact Theory are inadequate. In response to Greenberg’s further argument that the Moral Impact Theory rescues the idea of legal obligation as genuine obligation, I argue that the Moral Impact Theory does so at a very steep price – one that is not worth paying. (shrink)

The social fact thesis, is, roughly, that law is ultimately a matter of social fact. Mark Greenberg and Kevin Toh have launched transcendental arguments against important or interesting general versions of the social fact thesis. Together, they can be read as posing a dilemma for the thesis. Suppose that many correct assertions of law are normative. Then, according to Toh, the considerations in virtue of which they are correct cannot ultimately be social facts, because the derivation of any (...) normative conclusion requires a normative premise. Suppose that correct assertions of law are not normative. Then, according to Greenberg, they cannot state legal facts in virtue of social facts alone, because the very nature of law requires a particular kind of rational connection between determinants of legal facts and legal facts. Social facts cannot meet this demand; (non-legal) normative facts are needed. In short, Greenberg and Toh together claim that the social fact thesis is consistent with neither the existence nor the normativity of law. This essay meets their challenge. (shrink)

Introduction -- Invited Remarks from Symposium Participants -- What Are the Fundamental Compliance and Ethics Challenges Facing the C-Suite, and What Oversight Role Should the Board Play? -- How to Overcome the Barriers to High Standards of Integrity in the C-Suite, and What Should Boards, Management, and Policymakers Do Next? -- Appendix A: Symposium Agenda -- Appendix B: Symposium Participants -- Appendix C: Invited Keynote Address by Judge Ruben Castillo -- Appendix D: Invited Papers from Symposium Participants.

This paper deals with the exceptions-tolerance property of generic sentences with indefinite singular and bare plural subjects (IS and BP generics, respectively) and with the way this property is connected to some well-known observations about felicity differences between the two types of generics (e.g. Lawler's 1973, Madrigals are popular vs. #A madrigal is popular). I show that whereas both IS and BP generics tolerate exceptional and contextually irrelevant individuals and situations in a strikingly similar way, which indicates the existence of (...) a basically equivalent tolerance mechanism, there is also a difference between them, unnoticed so far, which concerns the degree to which the properties of the legitimate exceptions can be characterized in advance. Following claims in Greenberg (2003), I argue that both this newly observed difference as well as the traditional felicity differences result from an underlying contrast in the type of ‘non-accidentalness’ expressed by the two types of generic sentences, and more formally, in the accessibility relations that their generic quantifier (Gen) is compatible with. To capture the new difference in tolerance of exceptions, I develop an improved version of the exceptions-tolerance mechanism for generic sentences suggested in Kadmon & Landman (1993), namely, a restriction on the set of individuals and situations quantified by Gen, which is partially vague to two different degrees using supervaluationist methods. The different degrees of vagueness in this restriction are shown to be systematically dependent on the two types of accessibility relations that IS and BP generics are compatible with, which are redefined as precise and vague restrictions on the generic quantification over worlds. (shrink)

The Triumph of Life is Rabbi Irving Greenberg's magnum opus-a narrative of the relationship between God and humanity expressed in the Jewish journey through modernity, the Holocaust, the creation of Israel, and the birth of Judaism's next era.

This original and authoritative book offers a first-ever attempt to define a poetics of the editing arts. It proposes a new field of editing studies, in which the 'ideal editor' can be understood in relation to the long-theorised author and reader. The book's premise is that editing, like other forms of 'making', is mostly invisible and can only be brought into full view through a comparative analysis that includes the insights of practitioners. The argument, laid down in careful layers, is (...) supported by a panoramic historical narrative that tracks the shifts in textual authority from religious and secular institutions to the romanticised self of the digital present. The dangers posed by the anti-editing rhetoric of this hybrid romanticism are confronted head-on. To the traditional perception of editing as the imposition of closure, A Poetics of Editing adds a perspective on a dynamic process with a sense of the possible. (shrink)

Attempts a faithful account of Bruno's thought as expressed in his writings and to give an analysis of his thought as he developed it in regard to the issue of the infinitive.

Tagging is the phenomenon in which regions of a picture, map, or diagram are annotated with words or other symbols, to provide descriptive information about a depicted object. The interpretive principles that govern tagged images are not well understood, due in part to the difficulty of integrating pictorial and linguistic semantic rules. Rather than directly combining these rules, I propose to use the framework of perspectival feature maps as an intermediary representation of content, in which the outputs of pictorial and (...) linguistic interpretation may be assimilated. The result is a simple and compositional semantics for tagged images. (shrink)