The most influential account of authority – Joseph Raz's service conception – is an account of the role of authority, in that it is an account of its point or function. However, authority does not have a characteristic role to play, and even if it did, the ability to play a role is not, by itself, sufficient to establish authority. The aim of this essay is to shift our focus from roles that authority plays to roles that people play – (...) which we can also call roles of authority – such as chef, teacher, and parent. To justify authority, we need to justify the practices in which roles of authority play a part. (shrink)

In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s (...) argument reveal structural problems with a family of prominent positivist views, including the one defended by Joseph Raz. (shrink)

Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay (...) by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. (shrink)

Ludwig Wittgenstein's work on rules has been put to a variety of uses by legal theorists. One wave of theorists employs Wittgenstein in an effort to show that law is radically indeterminate. They base their arguments on Saul Kripke's influential reading of Wittgenstein's Philosophical Investigations. This essay begins with a consideration of Kripke's view and its implications for law. Like many before, I conclude that Kripke's view is defective, and as such teaches us little about law. But it is important (...) to explore the view in detail nonetheless, because only by doing so can we understand the mistakes of the second wave of theorists who employ Wittgenstein's remarks on rules in jurisprudential argument. The second wave includes Brian Bix and Andrei Marmor, who turn to Wittgenstein's remarks on rules to explain how it is that law can be determinate and also to show that law can often be understood without interpretation. I argue that both Bix and Marmor fail, and more importantly, that Wittgenstein's remarks on rules have little to offer legal theory. Nothing much can be learned about legal rules or legal interpretation by attending to Wittgenstein's remarks, because they were aimed at wholly different phenomena. (shrink)

What is law, and why does it matter? Scott Hershovitz says that law is a moral practice-a tool for adjusting our moral relations. This claim is simple on its face, but it has stark implications for the rule of law. At once erudite and entertaining, Hershovitz's argument engages with the most important legal and political controversies of our time.

From a Michigan professor of law and philosophy, a thought-provoking investigation into life's biggest questions with the help of great philosophers old and new-including his two young children. Like any new parent, Scott Hershovitz closely observed his two young sons, Rex and Hank, from their early days. From the time they could talk, he noticed that they raised philosophical questions and were determined to answer them. Children find the world a puzzling place, so they try to puzzle it (...) out. Often, that leads to profound insight. Sometimes, they recreated ancient arguments. Sometimes, they advanced novel views. Kids are natural philosophers, Hershovitz realized. Indeed, they are some of the best around. With great humor and storytelling, Hershovitz follows an agenda set by Rex and Hank, canvassing pressing questions about rights, revenge, authority, sex, gender, race, knowledge, truth, and other daunting mysteries most grown-ups mostly ignore. Through the lens of his sons' curiosity, Hershovitz takes us on an engaging tour through contemporary and classic philosophy. We all want our children to think deeply about themselves, the world around them, and their place within it. Hershovitz calls on us to support our kids' philosophical adventures. But more than that, he challenges us to join up to them, so that we can become better, more discerning thinkers and recapture some of the wonder kids have at the world. (shrink)

This article critically interrogates contemporary forms of addiction medicine that are portrayed by policy-makers as providing a ‘rational’ or politically neutral approach to dealing with drug use and related social problems. In particular, it examines the historical origins of the biological facts that are today understood to provide a foundation for contemporary understandings of addiction as a ‘disease of the brain’. Drawing upon classic and contemporary work on ‘styles of thought’, it documents how, in the period between the mid-1960s and (...) the mid-1970s, such facts emerged in relation to new neurobiological styles of explaining and managing social problems associated with drug abuse, and an alliance between a relatively marginal group of researchers and American policy-makers who were launching the ‘War on Drugs’. Beyond illustrating the political and material conditions necessary for the rise of addiction neuroscience, the article highlights the productivity of neurobiological thought styles, by focusing on the new biological objects, treatments and hopes that have emerged within the field of addiction studies over the last several decades. (shrink)

The tradition descending from Frege and Russell has typically treated theories of meaning either as theories of meanings, or as theories of truth conditions. However, propositions of the classical sort don't exist, and truth conditions can't provide all the information required by a theory of meaning. In this book, one of the world's leading philosophers of language offers a way out of this dilemma. Traditionally conceived, propositions are denizens of a "third realm" beyond mind and matter, "grasped" by mysterious Platonic (...) intuition. As conceived here, they are cognitive-event types in which agents predicate properties and relations of things--in using language, in perception, and in nonlinguistic thought. Because of this, one's acquaintance with, and knowledge of, propositions is acquaintance with, and knowledge of, events of one's cognitive life. This view also solves the problem of "the unity of the proposition" by explaining how propositions can be genuinely representational, and therefore bearers of truth. The problem, in the traditional conception, is that sentences, utterances, and mental states are representational because of the relations they bear to inherently representational Platonic complexes of universals and particulars. Since we have no way of understanding how such structures can be representational, independent of interpretations placed on them by agents, the problem is unsolvable when so conceived. However, when propositions are taken to be cognitive-event types, the order of explanation is reversed and a natural solution emerges. Propositions are representational because they are constitutively related to inherently representational cognitive acts. Strikingly original, What Is Meaning? is a major advance. (shrink)

In the middle of the twentieth century a dispute erupted between the chief architect of Logical Empiricism, Rudolf Carnap, and Logical Empiricism’s chief reformer, Willard van Orman Quine -- who was attempting to save what he took to be its main insights by recasting them in a more acceptable form. Though both eschewed metaphysics of the traditional apriori sort, and both were intent on making the investigation of science the center of philosophy, they disagreed about how to do so. Part (...) of the disagreement involved the nature of ontological disputes. The central documents in the debate are: (i) Quine’s 1948 article, “On What There Is,” which tells us how to discern ontological.. (shrink)

Ricœur lectured and wrote for over twenty years on negation (‘Do I understand something better if I know what it is not, and what is not-ness?') and never published his extensive writings on this subject. Ricœur concluded that there are multiple forms of negation; it can, for example, be the other person (Plato), the not knowable nature of our world (Kant), the included opposite (Hegel), apophatic spirituality (Plotinus on not being able to know God) and existential nothingness (Sartre). Ricœur, working (...) on Kant, Hegel and Sartre, decided that all these forms of negation are incompatible and also fatally flawed because they fail to resolve false binaries of negative: positive. Alison Scott-Baumann demonstrates how Ricœur subsequently incorporated negation into his linguistic turn, using dialectics, metaphor, narrative, parable and translation in order to show how negation is in us, not outside us: language both creates and clarifies false binaries. He bestows upon negation a strong and central role in the human condition, and its inevitability is reflected in his writings, if we look carefully. Ricœur and the Negation of Happiness draws on Ricœur's published works, previously unavailable archival material and many other sources. Alison Scott-Baumann argues that thinking positively is necessary but not sufficient for aspiring to happiness - what is also required is affirmation of negative impulses: we know we are split by contradictions and still try to overcome them. She also demonstrates the urgency of analysing current socio-cultural debates about wellbeing, education and equality, which rest insecurely upon our loose use of the negative as a category mistake. (shrink)

We're in an ethical mess! -- Is there a moral law we can know? -- If we know what's right, can we do it? -- What does it mean to be human? -- Ethics in the marketplace -- Ethics in public life.

Canada has followed the pattern of Benelux nations by legislating sufferingSuffering as the pivotal eligibilityEligibilitycriterionCriterion for euthanasiaEuthanasia/assisted death without requiring terminal prognosis as is needed in most permissive jurisdictions. This chapter will explore the relationship between sufferingSuffering and Medical Assistance in Dying (MAID) and the ways in which sufferingSuffering is understood in the Supreme Court of Canada, the federal Criminal Code legislation and by health care assessors. Based on this analysis, we will argue that the resulting sufferingSufferingeligibilityEligibilitycriterionCriterion leaves the law (...) open to unintended forms of interpretation, thus instituting perhaps the most unbounded and risk-prone form of assisted death in the world. A review of the literature on sufferingSuffering, the wish to dieWish to die, and reasons for MAIDReasons for MAID requests found sufferingSuffering of severe illness to be frequently associated with unstable mental health, social, and existentialExistential variables that are often amenable to therapy or remediation. While sufferingSuffering remains a powerful motivating force to seek opportunities to relieve distress, its use as an eligibilityEligibilitycriterionCriterion for MAID has significant ambiguity in its’ characterization of ‘enduring’ and ‘irremediable’ and thus fails to protect against abuse for the vulnerable. (shrink)

It is widely believed that Perelman and Olbrechts-Tyteca’s theory of argumentation is vulnerable to the charge of relativism. This paper provides a more charitable interpretation of Perelman and Olbrechts-Tyteca’s normative views, one that properly considers the historical trajectory of their work and a wider range of texts than existing interpretations. It is argued that their views are better characterized as a form of “contrastivism about arguments” than any kind relativism. This more accurate depiction contributes to ongoing efforts to revive interest (...) in Perelman and Olbrechts-Tyteca’s work as well as build bridges with trends in contemporary argumentation theory. (shrink)

It is commonly understood that in its focus on rights and obligations law is centrally concerned with organising responsibility. In defining how obligations are created, in contract or property law, say, or imposed, as in tort, public, or criminal law, law and legal institutions are usually seen as society’s key mode of asserting and defining the content and scope of responsibilities. This book takes the converse view: legal institutions are centrally involved in organising irresponsibility. Particularly with respect to the production (...) of large-scale harms – including extensive human rights violations, forms of colonialism, or environmental or nuclear devastation – and in opposition to conventional understandings of responsibility in law, morality and politics, the book provides a detailed analysis of the ways in which legal institutions – their practices, concepts, and categories – themselves operate as much to deflect responsibility for harms suffered as they do to acknowledge them. Drawing on a series of case studies from local, national, and global concerns the book analyses how law facilitates dispersals and disavowals of responsibility, and it shows how it does so in consistent and patterned ways. In assessing how this ‘organised irresponsibility’ operates, and what its consequences are for both legal analysis and society generally, a thoroughgoing re-evaluation of law’s methods, operation, and consequences is required. At stake is nothing less than a fundamental re-assessment of the role of modern law in the production and legitimation of human suffering. This innovative and interdisciplinary book provides a sustained challenge to conventional thinking about law and legal institutions. It will be of major interest to those working in law, political and legal theory, sociology and moral philosophy. (shrink)

Albert Einstein's bold assertion of the form-invariance of the equation of a spherical light wave with respect to inertial frames of reference became, in the space of six years, the preferred foundation of his theory of relativity. Early on, however, Einstein's universal light-sphere invariance was challenged on epistemological grounds by Henri Poincaré, who promoted an alternative demonstration of the foundations of relativity theory based on the notion of a light-ellipsoid. Drawing in part on archival sources, this paper shows how an (...) informal, international group of physicists, mathematicians, and engineers, including Einstein, Paul Langevin, Poincaré, Hermann Minkowski, Ebenezer Cunningham, Harry Bateman, Otto Berg, Max Planck, Max Laue, A. A. Robb, and Ludwig Silberstein, employed figures of light during the formative years of relativity theory in their discovery of the salient features of the relativistic worldview. (shrink)

This chapter contains sections titled: Allotment Associations The Allotment Site New Relationships: Councillors and Gardeners Conclusions Notes.

In Telling Silence, Charles E. Scott speaks of silence, often indirectly, in such ways as to create occasions in which people might become more aware of silence in their experiences of themselves and the world around them. The core question of the book is: how can people be aware of silence without turning it into a thing and losing it? Lack of awareness of silence is lack of awareness of a major dimension of lives, both human and nonhuman. Attunements (...) with silence enable attunements with being alive in the fragility that invests even the strengths of living beings. Telling Silence performs this attunement in descriptive accounts and instances of non-reflective awareness, awareness that does not deliberate or ponder. In twenty-three "fragments," poems, stories, and ways of thinking and speaking are brought together to intensify intimations of silence telling of itself. (shrink)

Introduction: What is criticism? (a preliminary dialogue) -- The critic as artist and vice versa -- The eye of the beholder -- Self-criticism (a further dialogue) -- Lost in the museum -- The trouble with critics -- Practical criticism (another dialogue) -- How to be wrong -- The critical condition -- The end of criticism (a final dialogue) -- Afterword.

The paper is an attempt to explain what a transcendental argument is for Kant. The interpretation is based on a reading of the 'Discipline of Pure Reason', Sections 1 and 4 of the first Critique. The author first identifies several statements that Kant makes about the method of proof he followed in the 'Analytic of Principles' which seem to be inconsistent. He then tries to remove the apparent inconsistencies by focusing on the idea of instantiation and drawing a distinction between (...) the intension and the extension of a concept. Finally, the results are applied to the second 'Analogy of Experience' for the purposes of illustration. The paper should be seen as an attempt to provide an historical answer to a question that has been treated thematically in much of the recent literature. (shrink)

Two important debates have characterized mainstream epistemology in recent years. The first is the debate between foundationalists and anti-foundationalists. The second is the debate over the details of a naturalized epistemology. Both debates have meant that traditional concepts of rationality and justification are now understood in a new light. Both debates have helped focus attention on the future direction of epistemology, its goals and its limitations.

Women and religion -- Reproductive futurism -- Political emancipation -- From the Cold War to the clash of civilizations -- Sexual emancipation.

Scott Yenor argues that David Hume's reputation as a skeptic is greatly exaggerated. In David Hume's Humanity, Yenor shows how Hume's skepticism is a moment leading Hume to defend a philosophy that is grounded in the inescapable assumptions of common life. Humane virtues reflect the proper reaction to the complex mixture of human faculties that define the human condition. These gentle virtues best find their home in the modern commercial republic, of which England is the leading example. Hume's defense (...) of both common life philosophy and humanity are, however, flawed by his secretly dogmatic assumptions about the nature of history and his Enlightened approach to religious teachings and psychology. This study makes the case for Hume's manner of grounding philosophy in common life is essential to any reinvigoration of the humanities. It ultimately holds that Hume's practice of that philosophy is seriously flawed, but that a more philosophic philosophy of common life is available. (shrink)

Cognitive science proposes that we have evolved to build mental maps of the world not according to its actual, physical nature, but according to what allows us to thrive. In other words, our individual and collective realities are fictions - carefully constructed to enable us to maintain our particular perspectives. It used to be that our fictions were rooted to reasonably solid things: to people, places and memories. Today, in an age of online personas, alternative truths, constant surveillance and an (...) increasingly hysterical news cycle, our realities are becoming more flimsy and more vulnerable than ever before. Ours is now a zoomed-in perspective, where the backstage is centre stage. We are both camera person and subject, with new powers and new weaknesses. Our personal and political spheres are dangerously merging. How will the form and grammar of our feelings have to change in this over-exposed environment? Should any of our stories remain secret? How are these phenomena changing the way we live? How do we maintain a sense of reality in an increasingly fantastic world? Picnic Comma Lightning is an innovative examination of the nature of reality in the twenty-first century, one that explores the key ethical, political and neurological forces contouring our inner selves, but also the old influences of grief and desire, memory and imagination. In it, award-winning author Laurence Scott provides a lively and accessible new philosophy for this epoch in Western civilisation, one that will change the way you see the world, and your place within it."--Publisher description. (shrink)

Starting at the beginning: what's so good about being good? -- Theological ethics: where does morality come from? -- Cultural views of morality: why can't we make up our own moral rules for ourselves? -- Making ethical decisions: when I'm in a moral dilemma, what do I do? -- Abortion: how can you say that a pregnant seventeen-year-old, for whom having the baby will ruin her life, is doing something wrong by having an abortion? -- Reproductive technologies: what do you (...) say to infertile couples about the hi-tech ways to have a baby? -- Genetics and biotechnology: what do you tell couples who want to use biotechnology to produce designer children? -- Death, dying, and assisted suicide: don't people have a fundamental right to die? -- Capital punishment: isn't the death penalty a barbaric holdover from uncivilized cultures that should be done away with today? -- War and morality: in view of the Bible's teaching to love your enemies, why isn't every Christian a pacifist? -- Sexual ethics: shouldn't people be able to love and have sex with whomever they choose? -- Christian ethics, economics, and the workplace: how does my work connect to my spiritual life and my service to God? (shrink)

The life fantastic -- Bedtime stories -- The end of things -- Optical disillusions -- Double vision -- Backstage pass -- Romance languages -- Fellow-feeling -- Bolts from the blue -- Final fantasies.

Prominent atheists claim the Bible is a racist text. Yet Dr. Martin Luther King Jr. read it daily. Then again, so did many ardent segregationists. Some atheists claim religion serves to oppress the masses. Yet the classic text of the French Revolution, What is the Third Estate?, was written by a priest. On the other hand, the revolutionaries ended up banning religion. What do we make of religion's confusing role in history? And what of religion's relationship to science? Some scientists (...) claim that we have no free will. Others argue that advances in neurobiology and physics disprove determinism. As for whispering to the universe, an absurd habit say the skeptics. Yet prayer is a transformative practice for millions. This book explores the most common atheist critiques of the Bible and religion, incorporating Jewish, Christian, and Muslim voices. The result is a fresh, modern re-evaluation of religion and of atheism. (shrink)

According to the conventionalist doctrine of space elaborated by the French philosopher-scientist Henri Poincaré in the 1890s, the geometry of physical space is a matter of definition, not of fact. Poincaré’s Hertz-inspired view of the role of hypothesis in science guided his interpretation of the theory of relativity (1905), which he found to be in violation of the axiom of free mobility of invariable solids. In a quixotic effort to save the Euclidean geometry that relied on this axiom, Poincaré extended (...) the purview of his doctrine of space to cover both space and time. The centerpiece of this new doctrine is what he called the ‘‘principle of physical relativity,’’ which holds the laws of mechanics to be covariant with respect to a certain group of transformations. For Poincaré, the invariance group of classical mechanics defined physical space and time (Galilei spacetime), but he admitted that one could also define physical space and time in virtue of the invariance group of relativistic mechanics (Minkowski spacetime). Either way, physical space and time are the result of a convention. (shrink)

Scholars and experts focus on the larger moral context around the controversies over scientific research and technological innovations with accessible essays, original to this volume, which emphasize ethical deliberation rather than adversarial debate.

An affirmative post-structural philosophy of organization inspired by Arnold Gehlen's philosophical anthropology, Michel Foucault's history of medicine and Gille Deleuze's early philosophical works. This book offers a deep and detailed analysis of the problems faced and their solutions.

Rousseau coined the term perfectibilité to name what he claimed was the faculty that distinguished human beings from other animals. Although Rousseau himself largely associated perfectibility with the tendency of the human race to become corrupt, later thinkers adopted his term but then transformed it into a concept denoting the human capacity for progress. This article has two goals. The first goal is to analyse Rousseau’s discussion of perfectibilité in order to identify a specifically Rousseauean of perfectibilité. I identify three (...) related features of Rousseau’s perfectibilité: the ambiguous status of both instinct and freedom, the unique malleability of human nature, and the fact that perfectibilité operates on both the levels of the individual and the species. The second goal is to examine the transformation of this specifically Rousseauean conception in the thought of one of the thinker largely responsible for giving it a very different direction, Condorcet. (shrink)

This chapter contains sections titled: Nietzsche and the Bachar‐Yerian To Bolt or Not to Be and John Stuart Mill Coda: Taylor and The Path Notes.