People can look at non-conforming behaviour in two ways: either the person is acting immorally or the moral theory that condemns the behaviour is mistaken. To choose the former is to reflect a confidence in the existing moral theory, while choosing the latter is evidence that moral theory for that particular behaviour is wrong. This point says a lot about the link between the descriptive and evaluative enterprises of law. The development of basic moral principles, which draws from moral intuition, (...) is a similar process when it comes to developing social practices, which in turn draw from human behaviour. Legal positivism has contributed much to clarifying the kind of social facts that characterize legal systems, specifically the kind of normative claims that legal systems typically make. Legal positivism provides much of the descriptive front. This chapter is motivated by an interest in reconciling the normative claims of law with the claims that moral philosophers believe can be justified. (shrink)

Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience to that of deference. The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of (...) others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship. (shrink)

I. INTRODUCTION Twenty-five years is roughly the time that has elapsed since the exchange between H. L. A. Hart and Lon Fuller and the subsequent revival in this country of the natural law/positivism debate. During this time, a curious thing has happened to legal positivism. What began as a conceptual theory about the distinction between law and morality has now been turned, at least by some, into a moral theory. According to this theory, the reason we must see law and (...) morality as separate is not because of the logic of our language, but because of the practical implications of holding one or the other of the two traditional views in this area. The natural law theorist, it is said, can connect law and morality only at the cost of investing official directives with undeserved moral authority, thus encouraging obedience where there should be none. The natural law position should therefore be rejected – and the positivist's accepted – on moral grounds. (shrink)

The classical view of natural law, often traced to Aquinas' statement that "unjust law is no law at all," finds few defenders today. Even those most sympathetic to natural law theories do not embrace the classical account, but, instead, convert Aquinas' claim into a claim of political theory or construct new "natural law" accounts about the connection between legal and moral principles in a theory of adjudication. In this paper, I defend the view that extreme injustice disqualifies otherwise valid official (...) directives from counting as "law”. Indeed, I suggest that modern positivism's characterization of the normative claims that typify legal systems leads inevitably to the conclusion that "law," as a conceptual matter, must be understood by insiders who employ the term to admit moral limits on what can count as "law." I proceed as follows. First, I begin with some preliminary clarifying comments about methodology and the precise issue under discussion. Second, I describe four leading theories about the nature of law and consider how central ideas in each theory can be seen to generate opposing ideas that lead in turn to opposing models of law. Third, I state briefly the affirmative case for thinking that the classical natural law view is correct. Fourth, I identify basic mistakes in current approaches to the question about the nature of law that help explain why modern positivism has overlooked the manner in which it leads logically to the classical natural law view. Finally, I add some brief remarks about why it matters: what practical consequences follow from acknowledging that there are moral limits on what can count as law. (shrink)

Conversions occur in legal theory about as often as they do in religion, which is to say rarely—so rarely that they fascinate as much for the fact that they happen at all as for the reasons they happen. It should not surprise, then, that the Postscript to H.L.A. Hart's famous work on jurisprudence reveals “the outstanding English philosopher of law of the twentieth century” reaffirming, rather than revising in any significant way, the two central tenets that distinguish his theory from (...) that of both classical natural law theorists and modern “new naturalists” like Ronald Dworkin: There is no necessary connection between law and morality; and judges inevitably confront cases where the decision is “not dictated by the law” and the judge “must act as a conscientious legislator would by deciding according to his own beliefs and values”. (shrink)

Making the perspective of insiders critical to a theory of law, including particularly those who accept and enforce legal standards, has been the hallmark of corrections to John Austin’s theory at least since Hart’s The Concept of Law. Burge-Hendrix’s book continues this tradition and brings its insights to bear on the particular dispute between inclusive and exclusive positivists. That being said, the project has always seemed to me to be incomplete. If the participant’s perspective is indeed the critical one, then (...) the recognition that participants make normative claims about the concept of law itself surely deserves its own proper place in a legal theory. Those normative claims about law range, at the very least, from claims that coercion is justified to claims of authority. If these claims turn out to be false in cases of laws that are extremely unjust, then either they are not “laws” at all according to the participants' own views Or, participants will have to give up their normative claims about law and recognize that all that counts is pedigree and the power to coerce. In that case, we will be back to Austin’s coercive account of law, and much of the dispute between exclusive and inclusive positivists will be irrelevant. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

'This is an excellent book. It addresses what, in both conceptual and political terms, is arguably the most important source of tension and confusion in current arguments about the environment, namely the concept of nature; and it does so in a way that is both sensitive to, and critical of, the two antithetical ways of understanding this that dominate existing discussions.' Russell Keat, University of Edinburgh.

Instead of conceiving ethical commands as divine revelations or as the discoveries of brilliant thinkers, we should see our ethical practices as evolving over tens of thousands of years, as members of our species have worked out how to live together and prosper. Here, Kitcher elaborates his radical vision of this millennia-long ethical project.

An esteemed philosopher discusses his theory of universal freedom, describing how even those who are members of free societies may find their liberties curtailed and includes tests of freedom including the eyeball test and the tough-luck test.

In “Scientific Knowledge,” Philip Kitcher challenges arguments that deny the truth of the theoretical claims of science, and he attempts to discover reasons for endorsing the truth of such claims. He suggests that the discovery of such reasons might succeed if we ask why anyone thinks that the theoretical claims we accept are true and then look for answers that reconstruct actual belief‐generating processes. To this end, Kitcher presents the “homely argument” for scientific truth, which claims that when a (...) field of science is continually applied to yield precise predictions, then it is at least approximately true. He defends this approach and offers a supplementary account that gives more attention to detail. This account includes a historical aspect that must answer to skeptical challenges and a social aspect. (shrink)

This book argues against the view that mathematical knowledge is a priori,contending that mathematics is an empirical science and develops historically,just as ...

Examines what is necessary for a group to constitute an agent that can display akrasia, and what steps such a group might take to establish self‐control. The topic has some interest in itself, and the discussion suggests some lessons about how we should think of akrasia in the individual as well as in the collective case. Under the image that the lessons support, akrasia is a sort of constitutional disorder: a failure to achieve a unity projected in the avowal of (...) agency. This image fits well with the constitutional model of the soul in Plato's Republic. (shrink)

There has recently been a revival of interest in panpsychism as a theory of consciousness. The hope of the contemporary proponents of panpsychism is that the view enables us to integrate consciousness into our overall theory of reality in a way that avoids the deep difficulties that plague the more conventional options of physicalism on the one hand and dualism on the other. However, panpsychism comes in two forms — strong and weak emergentist — and there are arguments that seem (...) to show that weak emergentist panpsychism faces problems analogous to those of physicalism whilst strong emergentist panpsychism faces problems analogous to those of dualism. In this paper, I will develop a new hybrid of the strong and weak emergentist forms of panpsychism, a view according to which subjects of experience are strongly emergent but their phenomenal properties are weakly emergent. I will argue that this hybrid view manages to avoid the challenges facing both physicalism and dualism, and the analogues of those challenges that seem to undermine standard forms of panpsychism. (shrink)

This chapter outlines three programs that aim to use biological insights in support of philosophical positions in ethics: Aristotelian approaches found, for example, in Thomas Hurka and Philippa Foot; Humean approaches found in Simon Blackburn and Allan Gibbard; and biologically grounded approaches found in of Elliott Sober and Brian Skyrms. The first two approaches begin with a philosophical view, and seek support for it in biology. The third approach begins with biology, and uses it to illuminate the status of morality. (...) This chapter pursues a version of the third program. A major accomplishment of evolutionary biology has been the explanation of biological altruism, which opens the door to a similar explanation of psychological altruism, or “fellow-feeling.” The chapter conjectures that humans have evolved a capacity for normative governance by socially shared rules. A process of cultural evolution led to the social rules with which we are familiar. This genealogical story poses a challenge, for the idea of moral truth plays no role in it. The story therefore lends support to non-cognitivism or anti-realist expressivism. The chapter concludes by exploring the implications of the genealogical story for moral knowledge, moral objectivity, and the idea of moral authority. (shrink)

This is a book about the aesthetics of wonder, about wonder as it figures in our relation to the visual world and to rare or new experiences.

Both accessible and definitive, Deleuze and Guattari provides a critical examination of the writing of two notoriously difficult thinkers. This important introduction is divided into three sections--knowledge, power, and desire--and provides a systematic account of the intellectual context as well as an exhaustive analysis of the key themes informing Deleuze and Guattari's work. Providing a framework for reading the important and influential study Capitalism and Schizophrenia, this volume is attentive to the needs of the student by providing a lexicon of (...) the difficult ideas used in Deleuze and Guattari's discussion of philosophy, art, and politics. Deleuze and Guattari is an important addition to the critical literature on some of the most challenging work in recent social theory. It will be the standard introduction to Deleuze and Guattari for students of philosophy and social theory. (shrink)

The _Platform Sutra_ records the teachings of Hui-neng, the Sixth Patriarch, who is revered as one of the two great figures in the founding of Ch'an (Zen) Buddhism. This translation is the definitive English version of the eighth-century Ch'an classic. Phillip B. Yampolsky has based his translation on the Tun-huang manuscript, the earliest extant version of the work. A critical edition of the Chinese text is given at the end of the volume. Dr. Yampolsky also furnishes a lengthy and detailed (...) historical introduction which contains much information hitherto unavailable even to scholars, and provides the context essential to an understanding of Hui-neng's work. He gives an account of the history and legends of Ch'an Buddhism, with particular attention to the traditions associated with Hui-neng, quoting or summarizing the most important narratives. He then discusses the various texts of the _Platform Sutra_, and analyzes its contents. (shrink)

In “Epistemology in Philosophy of Religion,” Philip Quinn focuses on the central problem of religious epistemology for monotheistic religions: the epistemic status of belief in the existence of God. He explores what epistemic conditions arguments for God's existence would have to satisfy to be successful and whether any arguments satisfy those conditions. Turning to the claims of reformed epistemology about belief in God, Quinn assesses Alvin Plantinga's claim that belief in God is for many theists properly basic, that is, (...) has positive epistemic status even when it is not based on arguments or any other kind of propositional evidence. Quinn distinguishes two versions of this claim. According to the first, emphasized in Plantinga's earlier work, theistic belief is properly basic with respect to justification or rationality, while according to the second version, prominent in Plantinga's more recent work, theistic belief is properly basic with respect to warrant. (shrink)

_Time_ offers a comprehensive history of the philosophy of time in western philosophy from the Greeks through to the twentieth century. In the first half of the book, Philip Turetzky explores theories in ancient and modern philosophy chronologically: from Aristotle to Nietzsche. In the latter half, Turetzky describes the philosophy of time in three twentieth-century philosophical traditions: * analytic philosophy including philosophers such as McTaggart and Mellor * phenomenology Husserl and Heidegger * a distaff tradition which Turetzky identifies as (...) including Bergson and Deleuze. (shrink)

Strong claims have been made for emergence as a new paradigm for understanding science, consciousness, and religion. Tracing the past history and current definitions of the concept, Clayton assesses the case for emergent phenomena in the natural world and their significance for philosophy and theology. Complex emergent phenomena require irreducible levels of explanation in physics, chemistry and biology. This pattern of emergence suggests a new approach to the problem of consciousness, which is neither reducible to brain states nor proof of (...) a mental substance or soul. Although emergence does not entail classical theism, it is compatible with a variety of religious positions. Clayton concludes with a defence of emergentist panentheism and a Christian constructive theology consistent with the new sciences of emergence. (shrink)

Experiments in particle physics have hitherto failed to produce any significant evidence for the many explicit models of physics beyond the Standard Model (BSM) that had been proposed over the past decades. As a result, physicists have increasingly turned to model-independent strategies as tools in searching for a wide range of possible BSM effects. In this paper, we describe the Standard Model Effective Field Theory (SM-EFT) and analyse it in the context of the philosophical discussions about models, theories, and (bottom-up) (...) effective field theories. We find that while the SM-EFT is a quantum field theory, assisting experimentalists in searching for deviations from the SM, in its general form it lacks some of the characteristic features of models. Those features only come into play if put in by hand or prompted by empirical evidence for deviations. Employing different philosophical approaches to models, we argue that the case study suggests not to take a view on models that is overly permissive because it blurs the lines between the different stages of the SM-EFT research strategies and glosses over particle physicists' motivations for undertaking this bottom-up approach in the first place. Looking at EFTs from the perspective of modelling does not require taking a stance on some specific brand of realism or taking sides in the debate between reduction and emergence into which EFTs have recently been embedded. (shrink)

There are a number of assumptions made in our accepted psychology of moral decision-making that consequentialism seems to violate:: value connectionism, pluralism and dispositionalism. But consequentialism violates them only on a utilitarian or similar theory of value, not on the rival sort of theory that is sketched here.

How Galileo created the problem of consciousness -- Is there a ghost in the machine? -- Can physical science explain consciousness? -- How to solve the problem of consciousness -- Consciousness and the meaning of life.

Abstract In this essay, a new approach for the ethical study of emerging technology ethics will be presented, called anticipatory technology ethics (ATE). The ethics of emerging technology is the study of ethical issues at the R&D and introduction stage of technology development through anticipation of possible future devices, applications, and social consequences. I will argue that a major problem for its development is the problem of uncertainty, which can only be overcome through methodologically sound forecasting and futures studies. I (...) will then consider three contemporary approaches to the ethics of emerging technologies that use forecasting: ethical technology assessment, the techno-ethical scenarios approach and the ETICA approach, and I considered their strengths and weaknesses. Based on this critical study, I then present my own approach: ATE. ATE is a conceptually and methodologically rich approach for the ethical analysis of emerging technologies that incorporates a large variety of ethical principles, issues, objects and levels of analysis, and research aims. It is ready to be applied to contemporary and future emerging technologies. Content Type Journal Article Category Original Paper Pages 1-13 DOI 10.1007/s11569-012-0141-7 Authors Philip A. E. Brey, Department of Philosophy, School of Behavioral Sciences, University of Twente, P.O. Box 217, 7500 AE Enschede, The Netherlands Journal NanoEthics Online ISSN 1871-4765 Print ISSN 1871-4757. (shrink)

A and B continue their conversation concerning the Identity of Indiscernibles. Both are aware of recent critiques of the principle that haven’t received replies; B summarizes those critiques, and A offers the replies that are due. B then raises a new worry.