This chapter contains sections titled: Feudalism Magna Carta28 The Basic Idea: No One Is Above the Law The Modern West Takes Shape From Law to Commerce Equality Before the Law Conclusion Discussion Acknowledgments.

Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume (...) that the woman is insincere or self-deceived.1 The reason seems a strongly paternalistic one: because the activity is assumed to be bad, it’s thought that only someone who was in some way damaged could genuinely like it. A statement from Brian Hill, the director of a documentary about such women, illustrates this: ‘I felt certain that she couldn’t enjoy what she does, that there must be some reason why she’s undergoing this kind of experience. But there was nothing: no messed-up childhood, no sense of pain or humiliation.’ Forced to conclude that the woman in question really does enjoy her work, Hill changes his view to imply that the pleasure gained cannot be truly beneficial: ‘When I hear a young woman talking about doing videos of fisting and asphyxiation, I have to wonder what it’s doing to her – even if she says that she’s having fun.’. (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Buddhist-Christian Studies 26 (2006) 213-216 MuseSearchJournalsThis JournalContents[Access article in PDF]Reviewed byJohn Berthrong Boston University School of TheologyDialogues at One Inch Above the Ground: Reclamations of Belief in an Interreligious Age. By James W. Heisig. New York: Crossroad Publishing Company, 2003. 215 pp.Few scholars are better prepared than James W. Heisig to write about the current state of Buddhist-Christian dialogue, and few have written more insightfully about the historical, (...) theological, religious, and spiritual factors that have made Buddhist-Christian dialogue so intriguing for the last four decades. Heisig is the director of the Nanzan Institute, one of the premier institutions in the world dedicated to cultivating dialogue primarily between Christians and Buddhists, but also with people of other traditions and no religious belief at all.The title of the book is taken from the writings of the famous medieval poet Saigyō, who said that he tried to live at "one inch above the ground." Heisig follows Saigyō's advice by focusing many of his articles on themes such as health and ecology rather than abstruse metaphysical discussions of the intricacies of Buddhist and Christian doctrines, although, as one would expect, he shows a deft hand at explaining the philosophical and theological dimensions of living life at one inch above the ground.The opening two chapters on how we can collectively view the current ecological crisis demonstrate Heisig's sure hand at moving between profound meditations on current events and demonstrating how these problems can be even better understood in terms of spiritual and religious insights. Heisig argues that having two eyes, one Buddhist and one Christian, might just help us walk better on the ground, especially a ground that is being harmed on a daily basis by human disregard for the natural environment. His essay on the interpretation of the Buddhist principle of sufficiency is based on the injunction that we should learn to "consider how much is enough." The following essay demonstrates how hard-headed he can be with his call for us not to move from an uncaring contempt for nature to an equally ill-conceived sentimentalization of nature.There are so many insightful and clever features to the essays in the book that it is hard to pick out any one essay for special comment, but one of my favorites, high-lighting [End Page 213] Heisig's rhetorical powers, is "Six Sūtras on Dialogue" (pp. 139–157). This essay demonstrates what a Christian theologian might learn from engaging in interreligious dialogue. Moreover, it even takes the form, as Heisig explains, of the traditional Buddhist sūtra of six teachings on the nature of dialogue. Dialogue, according to Heisig (echoing Alfred North Whitehead), "is an adventure of ideas" (p. 141). The first teaching is "The spirit of interreligious dialogue need not be born of traditions in order to be reborn there" (p. 145). One of the strong points Heisig makes over and over again is that we now live with increasing self-awareness in a religiously pluralistic world. Actually, we always have, though various theological traditions have been adept at either ignoring or rejecting the notion that there could be anything positive about religious pluralism. At its worst, pluralism simply demonstrated the spiritual depravity and turbidity of humankind, and at best, it could simply be ignored as unworthy of serious comment. With the growing social, political, economic, military, and cultural interconnections of the modern world, no one can ignore pluralism. Theologians and religious leaders, in particular, need to think about religious pluralism even if this dialogue is not something that was "born" within their traditional theological discourse.The second teaching is a corroloary of the first: "Dialogue is primarily a minority enterprise that stands free of the obligations of institutional religion" (p. 147). Now, the leaders of institutional religion might dispute this point, but again Heisig is correct in noting that people are going to talk to their neighbors regardless of what they are told to do by worried religious authorities. He makes the... (shrink)

The idea of the rule of law is central in the European Union’s conception of itself, and stands as one of the most important political criteria of the enlargement process. Some clarification of this core concept is essential if it is to play a meaningful role in enlargement and, indeed, if we are able to make a judgement about whether the criterion is substantive or merely rhetorical. In other words, what purpose must the rule of law serve within a (...) state, beyond the rather trite beliefs that the law rather than individuals rule, and that no one is above the law, if a state is to be admitted to the European Union of states? I want to suggest that its principal purpose has been to guard against arbitrary rule, and if the rule of law is to be a substantive criterion for expansion of the European Union it must be cognizant of what the criterion entails, and face up to the implications for admitting states with cultures where the rule of law has not featured significantly in their political and social landscapes. The article looks at one of the most sophisticated attempts to delineate the ideal character of the rule of law in recent philosophy, namely that of Michael Oakeshott, to clarify the meaning that it has in its use in modern European history and in relation to the modern European state. (shrink)

In New Essays on Human Understanding, book II, chapter xxi Leibniz presents an interesting picture of the human mind as not only populated by perceptions, volitions and appetitions, but also by endeavours. The endeavours in question can be divided to entelechy and effort; Leibniz calls entelechy as primitive active forces and efforts as derivative forces. The entelechy, understood as primitive active force is to be equated with a substantial form, as Leibniz says: “When an entelechy – i.e. a primary or (...) substantial endeavour – is accompanied by perception, it is a soul” (NE II, xxi, §1; RB, 170). What about efforts, then? One is certainly the will. In NE, II, xxi, §5 Leibniz argues that volition is the effort (conatus) to move towards what one finds good and away from what one finds bad and that this endeavor arises from the perceptions we are aware of. As an endeavour results in action unless it is prevented, from will (which is always directed to the good) and power together follows action. However, this is not so simple. Leibniz argues that there is also a second class of efforts: “There are other efforts, arising from insensible perceptions, which we are not aware of; I prefer to call these ‘appetitions’ rather than volitions” (NE II, xxi, §5; RB, 173). Although there are appetitions of which one can be aware, usually these appetitions arise from the insensible petite perceptions and are consequently affecting us subconsciously. Now, although all minute perceptions are confused perceptions, they are always related to pleasure and displeasure and also to perfection and imperfection. From this follows that there can be different efforts present in the soul at the same time: the will which is directed to apperceived good and several separate appetitions which lead to different goals, both to those which bring about perfection and pleasure of the mind (joy) and those which bring about displeasure and imperfection (sorrow). These efforts are not only in conflict with each other but may also be in conflict with entelechy. A typical case is perceiving a sensual pleasure. Our entelechy which is always directed to final causes (perfection) may be in conflict with several different appetitions which are related in different ways to the sensual pleasure in question. If our understanding is developed enough, our will resists the temptation posed by the pleasure (agreeing with entelechy), but if the temptation is too strong, the appetitions outweigh the will and the resulting action bring about imperfection and sorrow as it is related to imperfection. In this paper I will argue that deliberation in the human soul is a battle of different endeavors described above: the entelechy in the soul strives according to its law-of-the-series towards its telos (perfection) and the will accompanies it by being automatically directed to the good. This thrust towards the apparent good is aided or hindered by the appetitions which can be thought as derivative forces in the Leibnizian dynamics. Depending on whether the predominant appetitions are related to good or bad desires, the deliberation succeeds or fails in achieving the real good which is the goal of human deliberation. The successs can be facilitated beforehand by developing our understanding so that we are less easily swept away by the derivative forces (NE II, xxi, §19). A central role in this task is played by strong willing. As Martha Bolton has noted in her recent paper, an essential feature of the basic, standing endeavors is that they are continuous – although the power balance in the soul changes from moment to moment, something lingers from our previous volitions. That is why Leibniz argues that we pave way for the future deliberations by our previous voluntary actions (NE II, xxi, §23). In contrast, the appetitions are temporary, fliegende Gedanken as Leibniz says in NE II, xxi, §12. Therefore there is a constant, always changing power balance between two kinds of endeavors in the soul: primitive active force versus derivative forces. I will argue that the behavior of the forces in the soul can be understood with a vectorial model which is related to Leibniz’s early ideas of calculus of variations and which was anticipated by Arnauld and Nicole’s Port-Royal Logic. The central idea in the model is that the options are in tension towards each other and the ratio between them at each moment determines the consequent outcome. The proper relationship between the endeavors is not a simple balance, two options which exhaust each other, but a case where different efforts complement each other: “Since the final result is determined by how things weigh against one another, I should think it could happen that he most pressing disquiet did not prevail; for even If it prevailed over each of the contrary endeavours taken singly, it may be outweighed by all of them together.” Leibniz continues : “Everything which then impinges on us weighs in the balance and contributes to determining a resultant direction, almost as in mechanics” (NE II, xxi, §40; RB, 193). The different endeavors can be understood as vectors leading to different directions and the end result is a certain direction that deliberation takes. The dynamical tension between the different endeavors presents a situation where everything affects everything and the following direction, the resulting volition follows more or less automatically. In Theodicy, §325 Leibniz describes the deliberation as follows: “One might, instead of the balance, compare the soul with a force that puts forth an effort on various sides simultaneously, but which acts only at the spot where action is easiest or there is least resistance” (Huggard, 322) This kind of dynamical tension can be understood in terms of the calculus of variations where there are several possible variations available but where the dynamics of the situation results in the decision taking the “easiest” route which is more or less objectively good depending on the level of the deliberator’s understanding. In his comments to Bayle’s note L of “Rorarius” Leibniz says: “The soul, even though it has no parts, has within it, because of the multitude of representations of external things, or rather because of the representation of the universe lodged within it by the creator, a great number, or rather an infinite number, of variations (Woolhouse & Francks (ed.), ‘New System’ and Associated Texts, 101). This kind of deliberation is comparable to God’s choice of the best world with the difference that God’s understanding is infinite which again results in the fact that the choice is the best possible. Whereas in nature the easiest route taken is always optimal as nature is God’s creation, in men the goodness or badness of men’s actions is dependent on their state of wisdom, that is, how developed their understanding is. The more wise men are, the more metaphysical goodness or perfection follows from their actions. (shrink)

Over the last twenty years, the idea that climate change – and indeed global environmental change more generally – is fundamentally a moral challenge has become mainstream. But most have supposed that the challenge is one of acting morally, rather than to our morality itself. Dale Jamieson is a notable exception to this trend. From the earliest days of climate ethics, he has argued that successfully addressing the problem will involve a fundamental paradigm shift in ethics. In general, Jamieson (...) believes that our current values evolved relatively recently in “low-population-density and low-technology societies, with seemingly unlimited access to land and other resources,” and so are ill-suited to a globalized world. More specifically, he asserts that these values include as a central component an account of responsibility which “presupposes that harms and their causes are individual, that they can be readily identified, and that they are local in time and space.” But, he claims, global environmental problems such as climate change fit none of these criteria, so that a new value system is needed, one which addresses “fundamental questions” about “how we ought to live, what kinds of societies we want, and how we should relate to nature and other forms of life.” In particular, he declares that there is little hope of success without direct appeal to a hitherto underappreciated “duty of respect for nature.” In my view, Jamieson is right to question the adequacy of conventional ethical thinking for addressing global environmental problems. However, I also contend that the situation with respect to responsibility is less clear cut than he suggests. In this paper, I offer several objections to Jamieson’s main arguments, and propose an alternative, less revisionary, account of our predicament. Nevertheless, I also suggest that much of the spirit of Jamieson’s position remains intact, so that my proposal is more of a “friendly amendment” to his view than an outright rejection of it. According to this amendment, climate change involves a failure of our attempts to delegate responsibility to political institutions charged with acting on our behalf. Such failures are jarring, since they throw many of our normal practices into doubt, and threaten to restore to us demanding social burdens to which we have become largely unaccustomed. This situation need not cast doubt on our basic account of ethical responsibility. Indeed, that account helps to illuminate what is going on. Still, it does imply that we face a large (although somewhat familiar) moral and political challenge. (shrink)

The subject of this thesis is physicalism, understood not as some particular doctrine pertaining narrowly to the philosophy of mind, but rather as a quite general metaphysical claim to the effect that everything is, or is fundamentally, physical. Thus physicalism explicates the thought that in some sense physics is the basic science. The aim of the thesis is to defend a particular brand of physicalism, which I call eliminative type physicalism. It claims, roughly, that every property is a physical (...) property, a property mentioned in the laws of physics, and hence that any putative property not identifiable with a physical property must be eliminated from our ontology. Eliminative type physicalism is apt to face three objections, and so my thesis, like Caesar's Gaul, falls into three parts. In the first, I argue against the idea that there are tenable positions, both physicalist and non-physicalist, alternative to eliminative type physicalism. I argue that each of these positions token physicalism (Fodor, middle Putnam), supervenience physicalism (Lewis, Horgan) and and a non-physicalist view I call pluralism (Goodman, late Putnam) is defective. In the second part, responding to the objection that there is just no reason to be a physicalist, I develop a positive argument for eliminative type physicalism, an argument resting upon a strong version of the explanatory test for reality according to which only explanatorily indispensable properties can justifiably be said to exist. In the third and final part, I argue, against the charge that eliminative type physicalism cannot accommodate what I call phenomenal properties (qualia, raw feels etc.), that there is no good reason to deny, and one good reason to affirm, that phenomenal properties just are physical properties. (shrink)

The perennial question posed by the philosophically-inclined lawyer is 'What is law?' or perhaps 'What is the nature of law?' This book poses an associated, but no less fundamental, question about law which has received much less attention in the legal literature. It is: 'Who is law for?' Whenever people go to law, they are judged for their suitability as legal persons. They are given or refused rights and duties on the basis of ideas about who matters. These ideas are (...) basic to legal-decision making; they form the intellectual and moral underpinning of legal thought. They help to determine whether law is essentially for rational human beings or whether it also speaks to and for human infants, adults with impaired reasoning, the comotose, foetuses and even animals. Are these the right kind of beings to enter legal relationships and so become legal persons. Are they, for example, sufficiently rational, or sacred or simply human? Is law meant for them? This book reveals and evaluates the type of thinking that goes into these fundamental legal and metaphysical determinations about who should be capable of bearing legal rights and duties. It identifies and analyses four influential ways of thinking about law's person, each with its own metaphysical suppositions. One approach derives from rationalist philosophy, a second from religion, a third from evolutionary biology while the fourth is strictly legalistic and so endeavours to eschew metaphysics altogether. The book offers a clear, coherent and critical account of these complex moral and intellectual processes entailed in the making of legal persons. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

If there is a second dimension of time – a so-called ‘hypertime’ – is it logically possible for the past to change? Some have said yes; others have said no. I say yes provided that one has the appropriate ontological view of hypertime. So far, the ontology of hypertime has seldom been discussed. As such, this paper not only defends the logical possibility of a changing past, but aims to start a discussion on what ontological commitments are required to make (...) sense of a changing past. (shrink)

__‘Philosophy: The Basics deservedly remains the most recommended introduction to philosophy on the market. Warburton is patient, accurate and, above all, clear. There is no better short introduction to philosophy.’_ - Stephen Law, author of The Philosophy Gym_ _Philosophy: The Basics_ gently eases the reader into the world of philosophy. Each chapter considers a key area of philosophy, explaining and exploring the basic ideas and themes including: Can you prove God exists? How do we know right from wrong? (...) What are the limits of free speech? Do you know how science works? Is your mind different from your body? Can you define art? How should we treat non-human animals? For the fifth edition of this best-selling book, Nigel Warburton has added an entirely new chapter on animals, revised others and brought the further reading sections up to date. If you’ve ever asked ‘what is philosophy?’, or wondered whether the world is really the way you think it is, this is the book for you. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Marc Lange’s new book on laws offers a restatement and development of the account he proposed in Natural Laws and Scientific Practice (Oxford University Press, 2000), henceforth NLSP, and the new material is helpfully summarized in the preface. Laws and Lawmakers presents the key idea from NLSP in a rather more reader-friendly manner – this idea being roughly that the difference between laws and accidents is that laws, unlike accidents, form a ‘stable’ set, i.e. a logically closed set (...) of truths such that they would all still hold under any counterfactual supposition consistent with the set. So, for example, the natural laws all still hold under counterfactual suppositions such as ‘had this match been struck …’, ‘had Bill Gates wanted to build a gold cube one mile across’ and so on; thus this set is stable. But the set of laws plus the accidental claim ‘there is no gold cube one mile across’ fails to hold under such counterfactual suppositions because had Bill Gates wanted to build a gold cube one mile across, such a cube might well have come into existence; thus this set is not stable. While the basic outline and defence of this idea is provided in Chapter 1, those wishing to delve into the intricate …. (shrink)

According to relativists, people who speak simply of what's ‘true’ are naïve. ‘Whose truth?’ asks the relativist. ‘No claim is ever true, period. What's true is always true for someone. It's true relative to a particular person or culture. There's no such thing as the absolute truth on any issue.’ This sort of relativism is certainly popular. For example, many claim that we are wrong to condemn cultures with moral codes different from our own: their moralities are no less valid. (...) Similarly, some claim that while astrology and Feng Shui might be ‘false’ from a Western, scientific viewpoint, they are ‘true’ when viewed from alternative, New Age points of view. What's ‘true’ and what's ‘false’ ultimately depend on where one is standing. Is this sort of relativism about truth tenable? (shrink)

The law-governed world-picture -- A remarkable idea about the way the universe is cosmos and compulsion -- The laws as the cosmic order : the best-system approach -- The three ways : no-laws, non-governing-laws, governing-laws -- Work that laws do in science -- An important difference between the laws of nature and the cosmic order -- The picture in four theses -- The strategy of this book -- The meta-theoretic conception of laws -- The measurability approach to laws -- (...) What comes where -- In defense of some received views -- Some assumptions that will be in play -- The laws are propositions -- The laws are true -- The logically contingent consequences of the laws are laws themselves -- At least some laws are metaphysically contingent -- The meta-theoretic conception of laws -- Laws of nature, laws of science, laws of theories -- The first-order conception versus the meta-theoretic conception -- What is a law of nature? -- Some examples of meta-theoretic accounts -- The virtues of the meta-theoretic conception -- Weighing the virtues and shortcomings of the meta-theoretic conception -- An epistemological argument for the meta-theoretic conception of laws -- The discoverability thesis, the governing thesis, and the first-order conception -- The main argument -- The objection from bad company -- The objection from inference to the best explanation -- The objection from bayesianism -- The objection from contextualist epistemology -- The objection from the threat of inductive skepticism -- Laws, governing, and counterfactuals -- Where we are now -- What would things have to be like in order for the laws of nature to govern the universe? -- Lawhood, inevitability, counterfactuals -- What is it for a proposition to be inevitably true? -- What is it for a whole class of propositions to be inevitably true? -- What is it for lawhood to confer inevitability? -- NP and supporting counterfactuals -- The worry about context-variability -- A solution and a look ahead -- When would the laws have been different? -- Where we are now -- The God cases -- Other counterexamples to NP -- A moral-theoretic counterexample to NP -- Scientific contexts and non-scientific contexts -- Scientific God cases? -- Lewisian non-backtracking counterexamples -- Where things stand now -- How could science show that the laws govern? -- Why the law-governed world-picture must include the science-says-so thesis -- What is extra-scientific? -- How can the science-says-so thesis be true? -- NP as a consequence of the presuppositions in any scientific context -- Np as true in all possible scientific contexts -- But how could it be so? -- Attack of the actual-factualists -- Measurement and counterfactuals -- Where we are now -- Measurements, reliability, counterfactuals -- A general principle that captures the relation between measurement and counterfactuals -- What we can learn about lawhood from what we have learned about the counterfactual commitments of science -- A first-order account of laws or a meta-theoretic account of laws? -- What methods are presupposed to be legitimate measurement procedures? -- Why we must adopt a meta-theoretic account of laws -- What lawhood is -- Where we are now -- The measurability account of laws -- Brief review of the case for the mal -- A note about hedged laws -- How plausible is the mal? -- What if we don't care about the law-governed world-picture? -- Newton's God and Laplace's demon -- Beyond humean and non-humean -- Two views of laws -- Humean supervenience and the meta-theoretic conception -- Alleged counterexamples to humean supervenience -- Governing and non-trivial necessity -- How the mal lets us have it all -- Humeanism? non-humeanism? -- What is the significance of the idea of the law-governed universe? -- Where in the world are the laws of nature? -- Appendix: The mal in action : a few examples -- Of scientific theories and their laws -- Newton's theory as a paradigm example -- Classical special-force laws -- Geometrical optics and one of its laws -- Local deterministic field theories. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final (...) chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

__‘Philosophy: The Basics deservedly remains the most recommended introduction to philosophy on the market. Warburton is patient, accurate and, above all, clear. There is no better short introduction to philosophy.’_ - Stephen Law, author of The Philosophy Gym_ _Philosophy: The Basics_ gently eases the reader into the world of philosophy. Each chapter considers a key area of philosophy, explaining and exploring the basic ideas and themes including: Can you prove God exists? How do we know right from wrong? (...) What are the limits of free speech? Do you know how science works? Is your mind different from your body? Can you define art? How should we treat non-human animals? For the fifth edition of this best-selling book, Nigel Warburton has added an entirely new chapter on animals, revised others and brought the further reading sections up to date. If you’ve ever asked ‘what is philosophy?’, or wondered whether the world is really the way you think it is, this is the book for you. (shrink)

__‘Philosophy: The Basics deservedly remains the most recommended introduction to philosophy on the market. Warburton is patient, accurate and, above all, clear. There is no better short introduction to philosophy.’_ - Stephen Law, author of The Philosophy Gym_ _Philosophy: The Basics_ gently eases the reader into the world of philosophy. Each chapter considers a key area of philosophy, explaining and exploring the basic ideas and themes including: Can you prove God exists? How do we know right from wrong? (...) What are the limits of free speech? Do you know how science works? Is your mind different from your body? Can you define art? How should we treat non-human animals? For the fifth edition of this best-selling book, Nigel Warburton has added an entirely new chapter on animals, revised others and brought the further reading sections up to date. If you’ve ever asked ‘what is philosophy?’, or wondered whether the world is really the way you think it is, this is the book for you. (shrink)

What are the principles of association that citizens devoted to different ethical and religious ideals or peoples living under different regimes can find reason to acknowledge together? Defining the common ground which reasonable people can share, despite their profound disagreements, has been the distinctive concern of John Rawls’ political philosophy since A Theory of Justice. Rawls’ second book, Political Liberalism, recast his theory of justice as fairness in a form no longer tied to a Kantian view of the moral life (...) as a whole. “Political liberalism” revolves around the idea of “public reason”, the shared point of view which free and equal citizens assume when, abstracting from their opposing comprehensive doctrines, they decide constitutional essentials and matters of basic justice in the light of a principle of reciprocity. “The Idea of Public Reason Revisited,” originally published in 1997, forms the second part of the present volume. This essay offers perhaps Rawls’ final statement of his ideal of a just society. Yet its role in this book is to provide the background for an account of the just coexistence of diverse societies. “The Law of Peoples” was the title of the Oxford Amnesty Lecture that Rawls delivered in 1993. Refined and expanded, the theory he then proposed is given here its first full-scale exposition, and my remarks focus on this part of his book. (shrink)

This short article looks at a move made by some theists in defence of theism: the suggestion is that because the atheist has failed fully to grasp what the theist means by ‘God’ etc. so the atheist's criticisms must miss their target.View HTMLSend article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. (...) Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a concept of autonomy (...) thatis value-neutral rather than value-laden. Thatis to say, we would want the judgement that Iam autonomous to depend wholly on, say,structural features of my psychology, and in noway to require us to make ethical judgements, orother value judgements. Being value-neutral isperhaps desirable in a concept of autonomyserving the first role, and plausiblyindispensible in one playing the second. Ishall argue, however, that value-neutral conceptionsof autonomy are impoverished and out of linewith our intuitions; set out and defendan explicitly value-laden conception ofautonomy; and explore the implications of such a view for theability of autonomy to play the rolesmentioned above. (shrink)

The greatest intensity of “live” life is captured from as close as possible in order to be borne as far as possible away. Jacques Derrida. Echographies of Television . Rainer Ganahl has made a study of studying. As part of his extensive autobiographical art practice, he documents and presents many of the ambitious educational activities he undertakes. For example, he has been videotaping hundreds of hours of solitary study that show him struggling to learn Chinese, Arabic and a host of (...) other languages. The stacked boxes of tapes are then presented like minimalist monoliths, dense archives of effort. About fifteen years ago, Ganahl began photographing the lectures that he attends. At the time, he hadn’t seen anyone else doing it, so besides his spare selection of images of the speaker and the audience, much of the time the lectures would just pass into memory, undocumented, or recorded in writing alone. Since then, he has felt the transition to digital cause a significant shift in his process. At the same time, he has seen the habit become ubiquitous as others photograph, record, and videotape the lectures all around him. In keeping with the theme of this inaugural issue of continent. , can we propose each small grouping of photographs that result an isthmus stretching between two disparate bodies of mind? The first being the body of the lecture as spelled out in the title of each work – the experience of the event in all its constituent parts. The second is the body of the recipient, the listener, in this case an artist, who plays a minimal role just beyond the prescripted behavior of sitting and listening. He uses a gesture of documentation to draw a line between himself and the event, creating an artwork. Františka + Tim Gilman: As we mentioned before, the theme of the magazine for this issue is "isthmus." It seems like a very good way into your work, and it leads us to ask what connection you see between your photographs of the lecture and the lecture itself? Rainer Ganahl: The relationship is of course a concrete, pictorial one, or if you want a mimetic one but also an abstract one because the photographs carry the title of the lecture, the names of the lecturers, the site, the institution and the time of the lecture. Photos are fixed moments of time and can reproduce images displayed and reproduce visuals presented at a moment but they don’t come with time based recordings that video or sound takes are offering. What remains of a lecture is usually just the memory, some notes and all the announcements of it. In my case I end up with a visual product I declare as my artwork. It might not differ from any snapshot taken by any other student or member of the audience but I do this in a semi-systematic way with certain rules and procedures I have set up. While I am at a lecture I am mainly focusing on the lecture itself. Last night I went to one of Slavoj Žižek which demanded quite some concentration. I even was asking him a question at the end. I took photos as well but still didn’t lose track of the lecture. I didn’t walk around, I was not preoccupied by where I was sitting and what light I was having like some of the other photographing and filming people in the room who came and left, moved around and tried to capture him from this and that angle, from close and far. I just sat there and concentrated on the lecture and yet managed to take about 30 or so images of him, the public around me and of the film clips he presented. Once the lecture is over the story changes: it all becomes a question of the images, their selection, their visual qualities, their labeling and archiving. The function of the images also change: not only do they stand for an intellectual event in a row of lectures that become part of my intellectual history within many possible such histories but they also have to function as art, something not everybody else with images of lecturers demands of their images. This is my specific claim as an artist to impose them as artworks. And as with all artistic propositions the offer can be accepted or rejected. I basically spend my life trying to do exactly that: making what I declare as art, offering something to anybody interested in it as my art, an offer that is not and will never be accepted as such by all people. F+T: What are your criteria for selection, i.e. how do you choose which lectures to photograph, by lecturer, by topic, or do you photograph any and every lecture you can? RG: As everything in my life, I go by my interest which is the result of many factors. If I am aware of a lecturer, read his books or appreciate his works my interest of attending his much higher than if I am not aware of it. I usually don’t go to lecturers simply based on their subjects—something that can happen of course, if the subject, the title of the lecture is promising or at the heart of my interest. Sometimes I also wait for years to get a change to photograph certain people but I do that in a very low-level “keep your ears up” mentality and not in a systematic scanning of all channels and possibilities. I do not go into philosophy departments and photograph everybody teaching there. I go with the flow—and unfortunately a great deal of great talks I also miss because I hear too late of them. Often, I also stumble into them by traveling, by getting emails from friends and by simply being in the right spot at the right time. Somehow you could look at my lecture par cours as some kind of loose intellectual flâneurism . If you know of interesting lectures and events, please, let me know. F+T: Is your selection of images more of a production or post-production method? That is, do you take a lot of photos and select only a few images from each lecture, or do you take them very selectively? Do you have a particular methodology for the selection of images? RG: This all changed a bit with the arrival of digital photography. In the beginning I had to pay a lot of money for film developing. Hence, I was taking either one role - 36 images - or half a role - 13 images - depending on who talked and whether they projected images. With the unlimited capacity of digital imaging I easily end up between 30 and 150 images of one event still depending of whether images are presented or not. In the first years of that project when I wasn’t fully aware yet of what I was doing, I printed at least 2 images of any lecture and sometimes three or even four, a choice that was also constrained by costs. But again, since I have a web site and since images can easily be selected and presented on my web site without generating remarkable costs I have now more and more pain to reduce them to less than ten or eight images for an event. Now, before I have them printed which really is expensive, I can present them already as artwork on my web site without any immediate costs. Thus the economic factor is at the end of the chain which enables me to be more ‘generous’ and include more images. Over the last years I have been mostly selecting at least four photographs for a lecture unit but recently also as many as ten. But so far only one set above four images has been actually printed and sold. What might sound even more shocking is the likely fact that if a curator or a collector demands me to reduce the number of images due to costs, I might compromise at this current stage if the images have not been yet printed or published outside my own web site. This means that to a certain degree any selection that has only seen publication on my web site and not yet been produced runs the risk to change in numbers of images included. Needless to say, I am the last one that finally makes a decision and I do honor all given earlier decision if those were final. F+T: How do you feel the act of photographing the lecture affects your reception of the contents of the lecture? And your recollection afterwards, do you remember the lecture more having photographed it, or just having sat and listened? RG: As mentioned above, I get very little distraction from photographing since I can multitask well and do not obsess about the quality of the image: I photograph from where I am and listen with my ears and not my eyes. I am not sure whether the images serve as a mnemonic devise to the content of the lecture if there are no images involved but they at least remind me that the lecture existed, the title of the lecture and the name of the people and institutions involved. The titles of the hundreds of lectures I took during the past 15 years can also be read as an essay of theoretical life in that period. This will be come more and more visible as time passes by. These images age much better than I do. F+T: You mentioned at the outset of our discussions that you started this practice some time ago and have seen the practice of photographing lecturers become more commonplace. Why do you think that this shift has taken place? RG: The answer is very simple. Photographing is now free of any charge and hence omnipresent. You buy a phone or any other personal digital assistant and it has a camera integrated in it whether you want it or not. There is no need to develop images and there is no hassle to keep images, to distribute images, to organize images and save them. It is all virtual, not creating any costs and doesn’t require any efforts. You don’t spend twenty dollars for photo-developing anymore, you don’t need to walk anymore to your pharmacy or your photo shop to drop off and return to pick up and pay. You don’t need to go to the post office to send somebody a picture. You have a program like Photoshop already built into your camera. Photographing is now a thing for everybody—with functioning cameras made for two year olds. It is technically now nearly impossible to make bad images. The image quality is virtually guaranteed by cheap, high performing, mini-computers packed into miniscule cameras. With all these technological changes, we are undergoing now a cultural paradigm shift that includes permanent recording (not only still image taking) of everything. I wonder even whether babies are just born to be photographed—at least a process where the first photograph is right there. What is interesting now, is how the law is trying to catch up. I am experiencing and expecting more restrictions on photographing and recording—something already in place in many museums and in certain galleries—as the recording devices become more and more invisible and undetectable. It is an interesting cat and mouse play and will end up with some of us that are photographing the world around us in court. The world has become very transparent and everybody is contributing to it with social networking technologies—like twitter and Facebook—that are designed to monitor and communicate every step we make in our lives. F+T: Why did you start the practice? As a way to remember, or to capture the experience of the lecture and the environment there? RG: A couple of years earlier I started to photograph my own reading seminars as part of my art work with results that surprised me positively. I really liked these images of students and people discussing heavy non-fiction with me. The reading seminars justified this kind of pictorialism. Then in 1995 I had the chance to attend an entire seminar by Edward Said entitled “The Representation of Intellectuals at Columbia University,” which really gave me the idea to start this series. Why not also photograph these lectures I visit all the time since this really is a way of representing intellectuals? F+T: The constellation of images and the title seem like a kind of portrait, do you agree? If so, is it a portrait of the speaker, of yourself, or of the event? RG: Well, to follow up on the previous question the lectures are more than just portraits of lecturers since I include not only the speakers but also the audience, an audience that is not named or specifically highlighted as is the speaker. So if we stick with the metaphor of the portrait we would have to extend it also to the environment, the class room, the lecture hall, the arrangements of seats or benches, tables, lecture stands and other stuff typically seen on my images. Often the walls are decorated or even tagged with graffiti or posters and other stuff. There is a big difference between a small seminar room at the English Department of Columbia University, full with books and cabinets and a lecture room at a Paris or Frankfurt university that accommodates 50 to 150 people. We should, maybe, also distinguish between lectures that are one time events—mostly open to the public, free of charge or paid—and events that are weekly, closed to the public and held mostly in universities that can cost fortunes or be paid by the State as it is still predominantly the case in continental Europe. All this, of course, is not necessarily announced in the title of the lecture and is subject to information that isn’t visible on the images. To a certain degree we see also portraits of a general privilege when it comes to the public of certain institutions that are highly selective and extremely costly without forgetting that most of the lectures are dealing with theory, art, philosophy and other highbrow subjects. In general, I would say we see very little if we don’t know already what’s going on, who the lecturer, the institutions, the context are in which we subsequently can zoom into variants like sexual, racial, or age-related make-up without ignoring clothing fashions, hair styling, body mannerisms, gadgets and stuff. F+T: Do you see a relation between this body of work and your other work, for example your language studies? RG: Everything I do is “unfortunately” related. I say unfortunately because this makes my work not so easy to grasp. The relationship to the language studies is relatively clear since both are originally grounded in the domain of education and knowledge production. Nearly all my work comes across that nexus where knowledge and power are addressed. I was at one point wondering what the relationship was to some of my earlier indexical work where I was happy alone with footnotes from books painted on the walls: I came to understand that both are just different manifestations of knowledge and information. F+T: Do you foresee continuing the series indefinitely, or is there an end to it? RG: I think that I will continue this series indefinitely or to be more precise, as long as I go listen to lectures and want to learn something which brings me to your previous question: What do the reading seminars, language studies, historical research and lecture hopping have in common: I learn something. Further Reading Rainer Ganahl’s website William Kaizen. “ Vulgar Politics .” art&education . April 2009. Web. Smith, Roberta. “ Rainer Ganahl: ‘Language of Emigration & Pictures of Emigration .’” New York Times April 23 2010. Web. (shrink)

Photo by Jonathan Ford on Unsplash ABSTRACT Since 2008, an average of twenty million people per year have been displaced by weather events. Climate migration creates a special setting for a duty to rescue. A duty to rescue is a moral rather than legal duty and imposes on a bystander to take an active role in preventing serious harm to someone else. This paper analyzes the idea of expanding a duty to rescue to climate migration. We address who should (...) have the duty and to whom the duty should extend. The paper discusses ways to define and apply the duty to rescue as well as its limitations, arguing that it may take the form of an ethical duty to prepare. INTRODUCTION Climate migration creates a special setting for a duty to rescue. A duty to rescue is a moral rather than legal duty and imposes on a bystander to take an active role in preventing serious harm to someone else. Examples of circumstances range from person-to-person intimate rescue to saving those in poverty, even in distant parts of the world.[1] Since 2008, an average of twenty million people per year have been displaced by weather events.[2] Circumstances like being thrust from homes under the threat of fire, mudslide, and flooding vary greatly from long-term changes like land becoming too arid for crops or temperatures increasing annually gradually pushing up the number of heat-related deaths, with the area slowly becoming uninhabitable. Imminence in fleeing affects resettling and need for rescue with important implications for how the duty to rescue might apply. This paper reevaluates the ethical framing of the duty to rescue and, while it is arguably a stretch, applies it to climate migration. Climate migration has become common and is expected to increase due to rises in sea level, increases in weather events that make areas uninhabitable, and changes to land that preclude farming or other necessary land uses. We argue that a duty to rescue may help highlight who has moral obligations to whom. Because the problem is so large in scope, we suggest a change in the ethical limits to humans' duty to rescue other humans who are in distress. We imagine an expansion or extension of the duty to rescue to meet some of the basic needs created by climate migration. Yet how it should expand, and how much depend on ethical framing and practical limitations. l. Expanding the Geographical Boundaries Two commonly recognized emergencies, Hurricane Katrina in the case of weather events and the current COVID-19 pandemic, provide a historical and current backdrop to evaluate ethical obligations as more disasters displace people. A significant reassessment of the ethical scope of an obligation to rescue in the case of weather events will be limited by the ability to render aid to those in distress in the case of a planet-wide weather catastrophe. The problems may overwhelm the ability to rescue or the reasonableness of attempting rescue. The extent of the moral obligation borne by humans to other humans in the case of a weather event has been largely defined by its locality and limited geographic influence. Whether we are imagining the scope of ethical obligation in the case of hurricane, flood, tornado, drought, or wildfire events, the perceived ethical obligation is significantly defined by the limited impact of these weather events on people outside the zone of the weather event's direct impact, yet close to that zone. A hurricane affecting New Orleans will not have immediate impact on the residents of California or even those on the northeast coast of the United States until a later time. Wildfires in the Pacific Northwest do not impair the ability of those in the rest of the country to come forward with assistance. But as climate migration crosses international borders, and climate events occur simultaneously in many regions, a more expansive duty to rescue may provide the ethical impulse to help those who live afar or migrate long distances. In this respect, the need for help in the event of widespread climate migration due to global warming is more like a pandemic than a weather event. Its broad impact area diminishes the capability of nearly the entire balance of the human population to help due to those populations' awareness that they will, in short order, have the same need for the same resources, from the same cause. Those living near current flood zones may find their historically safe havens are also a flood zone. Those previously best positioned to rescue may find themselves also needing to relocate. Thus, we may observe the need for new rescuers. ll. The Rule of Rescue The Rule of Rescue as defined by Al Jonsen describes the moral impetus or knee jerk reaction to save identifiable people facing death.[3] A duty to rescue has since been expanded beyond imminent death and beyond the near and identifiable. But there are limitations. For example, by most accounts, the ethical duty tends not to require extreme bodily risk or financial depletion. In comparing Good Samaritans to humanitarians, Scott M. James argues the duty to rescue arises from unique dependence, but the ethical obligation to help strangers through humanitarian aid is of a different nature.[4] The wrongness of failing to help is arguably more egregious when one is in a unique position to help. Like in the tragedy of the commons, where there is no unique positioning, when the global community is called upon to help, each individual in it may feel less obliged to do so. Climate migration falls in between—it requires helping strangers, yet it may move forward without anyone seeing themselves as uniquely positioned to help until those strangers become part of communities, at which time, there may be more moral justification to help a community member in need. Generally, arguments about Good Samaritans hinge on extraordinary acts, praiseworthy because they are acts of compassion, not obligation. Now all US states have Good Samaritan laws[5] which protect helpers from liability for help gone wrong or for a failure to succeed once engaged in an act of rescue. Extraordinary help as a moral good is thus somewhat encouraged through legal protection, but not imposed. Conversely, jobs like firefighting, search and rescue, and emergency medical care tend to oblige employees to take on risks that would be extraordinary if undertaken by the average bystander, yet they are rendered ordinary rescue as part of the job. Three states, Minnesota, Rhode Island, and Vermont have a broad duty to rescue, adding legal considerations to an otherwise moral conundrum. The laws do not require bystanders to take on risk for the sake of rescuing strangers.[6] The moral duty will require looking beyond law, but it is unclear how the moral duty to rescue should be distributed in the case of climate migration. A bare minimum would prevent taking advantage of newcomers, paying sub-minimum wage, and discriminating against them. Yet such a minimum is hardly rescue. lll. An Ethical Rather than Legal Duty The difficulty in defining the duty to rescue as a legal obligation is that it is difficult to determine the extent of risk a rescuer ought to be required to take. The nature of this ethical duty is also arguably tied to the experiences of both the rescuer and the rescued. There are subjective aspects like what someone perceives as a danger that make it difficult to write enforceable laws requiring rescue. It is one thing to expect a rescuer to step into several inches of relatively warm water to lift a person lying face down in a pond and enable them to breathe. It is something altogether different to expect that rescuer to dive into frigid water and attempt to extricate someone trapped in a submerged automobile. As the legal philosopher H.L.A. Hart observed, it is always easier to define application of the core intention of any rule, whether law or ethical norm. It is more difficult to create legal certainty about how the law applies to what he described as “penumbra circumstances”. In the case of a hurricane, it is easier to define what surplus resources are available in areas geographically remote from the impact of the storm and demand, as a moral obligation, that those nearby but outside the area provide assistance. It is more difficult to obligate people, organizations, or governments to supply a quantity of medication or some number of ventilators to an adjacent community when they expect to imminently need them for their own community. In the early stages of climate migration, the ethics of extreme weather event assistance, a common application of the duty to rescue, will be useful and appropriate. The rising sea levels first experienced by island nations in the South Pacific[7] will not render those living in other coastal communities, those with greater available “high ground”, unable to supply resources to those in need. But when sea level rise and climate change affect more communities simultaneously, albeit in varying degree, the task of defining what response is ethically obligatory becomes increasingly complicated. Pinpointing the obligations of those communities which are resource rich to those communities which are resource deprived, and of those partly affected to those more severely affected may become necessary. The limitations of the traditional duty to rescue could expand to meet the needs. lV. Contribution to the Problem Many argue that the duty to rescue may depend on any appropriate claim of those needing rescue. One issue is whether preferential claims among those who can identify the source of the harm should call for a greater duty or whether everyone in need should be approached as like candidates for rescue, shaping the duty as equal across those on the receiving end. As climate change does have human-made causes, there are strong arguments to impose a greater ethical duty on any entity that caused the climate-related problems leading to the mass exodus. While the global north is often implicated in pollution that causes migration, industries like energy, transportation, and agriculture are tied to climate change and associated with significant greenhouse gas emissions.[8] Practices like directing agriculture to less sustainable single crop growth generally made land less farmable. Yet it is difficult to place blame and identify specific causal relationships as most migration is due to many factors. A movement toward greater accountability can be reframed as a greater duty to rescue, a duty to engage in the extraordinary. The fossil fuel industry, for example, should have a larger obligation than the average person. Similarly, some may argue anyone unjustly enriching themselves while contributing to climate change or people who over-consume have an elevated duty to rescue.[9] Climate change lawsuits demonstrate an eagerness to hold governments and corporations accountable, despite difficulty proving causation. V. The Most Vulnerable One ethical dimension of climate migration that remains unexplored is how a duty to rescue applies to vulnerable populations who stand to be left behind or unable to migrate without assistance. Researchers from the Global North working across the Global South are increasingly observing the phenomenon of ethics dumping, where the research ethics of some countries are imposed on research subjects in other countries.[10] In that vein, rescuers should be careful not to impose unwelcome cultural standards or exploit people who are in the process of migrating. There is a gap in discussions reflecting voices that have been left out. The duty to rescue is incomplete without an attempt to understand the ethical experiences of those being rescued. The actual people affected by climate migration who are the least likely to have the means to migrate, or to do so without extreme hardship, should have a voice informing the global community including those in a position to carry out rescue. People who have the means and are young and healthy may easily make decisions to avoid the catastrophic consequences that climate migration brings. However, what about those who are left behind? For example, especially recognizing cultural differences, the homeless community, disabled community, refugees, the elderly community, and women[11] and children may suffer differently and call for more attention. In some parts of the world, human rights are severely constrained. An ethical duty to rescue, with many considerations and variables, may be more justified in the case of those most in need. As climate migration continues and increases significantly, it may be reasonable to ask the local and global community to focus on those least well positioned to migrate successfully. In this context, the use of phenomenology to understand the lived experiences of those migrating, sometimes termed “ethical experiences”, may help flesh out how a duty to rescue takes shape. The discussion of duty and obligation requires an articulation of the ethical experiences (how the local community in need of rescue views the proposed rescue). Then, the obligation to interpret the duty as ‘one shall not’ or ‘one must’ can be focused on the migrants’ needs rather than the rescuers’ feelings of obligation.[12] A revised theory of the duty to rescue taking into account the asymmetrical experiences of communities involved could ensure that the needs of people whose living situations, gender, ethnicity, age, or race impact their ability to even begin the migration process are considered. In this discussion, the rescuing is directed toward communities /collectives of persons migrating, whether at once or across a period of time. Often, the climate migrant may not be in a state to articulate the nature of this event when it happens, given its subjective proximity. Yet, when communities are given the space and opportunity to articulate their shared values, the ethical action of rescue derives its meaningfulness from the community rather than the rescuers. In other words, allowing climate migrants to explain their feelings can add complexity to what some see as a binary receiver-giver (of rescue) dynamic. This is necessary because the concept of vulnerable populations is fraught with problematic assumptions. There have been various definitions and criteria to determine what would constitute vulnerable populations.[13] For example, the United Nations Framework Convention on Climate Change[14] identifies and assesses vulnerable populations. These criteria may be helpful. However, they do not provide the full picture. Rather than identifying categorical criteria of vulnerable populations, engaging with people who are experiencing climate migration and listening to their current experiences and concerns helps determine need. Knowing what people need may prevent the kneejerk reaction to label people who are quite resilient yet have appropriate needs “vulnerable”. Proceeding with caution is important because the duty to rescue has hierarchical underpinnings of "us" and "them." Often when people swoop in to save, there are good and bad consequences of the intervention. We should proceed with caution because often the helper misses the actual needs of those in need. The only way to combat this would be to make sure that people are empowered to inform those agencies that are able to help. In addition to more practical approaches, large scale oral histories could allow those who have migrated already to share their experiences. It would be important to capture the lived experiences of people who are already experiencing the consequences of climate migration or of other migration like that due to political or economic extreme events. These experiences could shape our analysis of whether people in fact wish for rescue. If so, further conversations can determine best actions as well as give important insight into what resources might be necessary to empower people now and in the future. Vl. A Duty to Rescue as a Duty to Prepare If we view Good Samaritans as going above and beyond, then a duty to rescue, something ethically compelled, must bring rescue out of the framework of charity and place it in the context of humanity and obligations. Such a view would also support expanding the geographical reach of the otherwise more proximate duty. The duty may be stronger and take shape in a more workable way if it applies to preparing places expecting to see an influx of people due to climate migration and to helping those most in need. The duty may arise out of expectations of what type of community the place welcoming those migrating due to climate should be—does it want to offer good housing, schooling, and medical care as well as economic opportunity to new people? And if so, at what cost, or with which risks? If the newcomers are viewed as community members rather than strangers, a model of acceptance may lead to better preparation. Some considerations like whether the actions will reasonably help the persons in need of rescue[15] will shape the application of a duty to rescue in the context of climate migration. Similarly, ensuring that people have the chance to articulate their values may help communities support the newcomers. New relationships should not be defined as migrant and rescuer. Voluntariness in participation and not forcing any action deemed rescue would help ensure the human rights of those migrating. In the United States, President Biden issued an executive order addressing impending climate migration steeped in a duty to prepare by making plans for resettlement and to address the impact of climate migration.[16] Vll. At What Risk? As we investigate the ethical obligations to meet even basic needs, we must also ask what level of risk is ethically compelled. There is an extraordinary need to integrate newcomers successfully, but it is difficult to stretch an ethical duty to rescue to require all the prerequisites for successful climate migration. Even defining success would create deep ethical arguments. As observed in almost all migrations, extraordinary charitable acts may be the key to success, while an ethical duty to rescue must try to require the important government and community-based basics and ensuring respect for human rights. That is, the migrating people should be rescued from circumstances that contradict basic human rights. Rather than comparing communities to bystanders, mere places where people will arrive and need to hash out how to find housing, jobs, education, and opportunity, a duty of preparation may be the key to rescue those disenfranchised by migration. There are cultural, personal, physical, psycho-social, and geopolitical issues surrounding how to best help those needing to permanently relocate. Ethics arguments will certainly range from “do nothing”, which may fail people, to “do everything”, which could waste taxpayer money in futile over-preparation while failing to actually help. Communities must avoid planning exclusively for one scenario only to have it not take place. Striking the balance, a duty to rescue as it could apply to climate migration should set goals of societal integration, and providing the basics like education, housing, food, health care, and job opportunity, the precursors to flourishing. Recommending the extraordinary, morally preferred but perhaps not compulsory, when charitable actors are participating, or when wrongdoers are compensating, may be more workable than seeing the duty to rescue as compelling people or local governments to take on significant financial and personal risk for newcomers. While humanitarian ethics supports helping everyone, it is likely that people who resettle in advance of a need to flee will find themselves with more choices and opportunities. Help is warranted for those with more dire needs. Preparing for them may do just that. Vlll. Rescue Prior to Migration and Rescue in the Process of Resettlement The duty to enable the migration in the first-place hints to the inadequacy of a duty to prepare. The traditional duty to rescue perhaps steps in if rescue looks like those geographically just out of harm's way rescuing those in danger. That resembles the traditional moral requirement, or duty to rescue according to the Rule of Rescue. Humanitarian aid typically provided by many institutions makes sense and is in place, although financial support for additional humanitarian aid is always needed. Despite having moved to purportedly more capable communities, migrant communities may be able to develop more egalitarian orders of living. Rather than continually being identified as having been rescued, it is important to make sure people keep or make social ties during and after migration. Immigrants often face social isolation.[17] Small shifts in gestural language also have the potential to welcome people and show they are valued. For instance, some migrants may not like questions like “Where are you from?” and “What brings you here?” as they emphasize differences over fitting in. CONCLUSION The ethical duty to rescue should be expanded to better match those in need of relocation with a welcome environment and the resources needed to achieve success and fully integrate socially and culturally. Expanding a dialogue that includes the voices of people who have recently migrated whether due to violence, poverty, or climate, could properly frame the extent of the duty. If we are to apply the duty of rescue to climate migration, rescuers should avoid labeling people vulnerable, dependent, or needy, although there is reason to focus on those whose needs are the most dire. A soft duty to rescue people during the course of climate migration can come in the form of preparation. People will need help finding housing, education, access to food, and employment. Ultimately, to help them help themselves may be the best goal. While the obligations should be borne differently by people, whether due to a special responsibility, or a special relationship that creates a clearer duty, the global community must prepare for its role in rescuing those displaced by climate events. By helping those displaced at the start of the climate migration process according to a more commonly held notion of the duty to rescue, and by preparing to incorporate newcomers successfully according to an expanded duty to rescue, effectively a duty to prepare, countries that take on climate refugees may find themselves rewarded by the cultural diversity and workplace talents that people bring. A duty to those at a distance is a reasonable expansion of the duty to rescue. But what one ought to do in the global community varies somewhat from the traditional Rule of Rescue. - [1] Singer, P. (1972). Famine, Affluence, and Morality. Philosophy and Public Affairs, 1(3): 229-43. [2] Irfan, U. (2022, March 16). Why We Still Don’t Yet Know How Bad Climate Migration Will Get. Vox. https://www.vox.com/2022/3/16/22960468/ipcc-climate-change-migration-migrant-refugee, citing the International Panel on Climate Change (IPCC) (2022). Sixth Assessment Report, Climate Change 2022, Impacts, Adaptation, and Vulnerability. https://www.ipcc.ch/report/ar6/wg2/ [3] McKie, J., Richardson, J. (2003) The Rule of Rescue. Social Science & Medicine, 56(12): 2407-2419. https://doi.org/10.1016/S0277-9536(02)00244-7. [4] James, S.M. (2007). Good Samaritans, Good Humanitarians. Journal of Applied Philosophy, 24(3):238-254. [5] Overview of Good Samaritan laws. https://worldpopulationreview.com/state-rankings/good-samaritan-law-states [6] Fifield, J. (2017, Sept. 19). Why It’s Hard to Punish ‘Bad Samaritans’. Stateline Blog, Pew Charitable Trusts, https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2017/09/19/why-its-hard-to-punish -bad-samaritans [7] Cassella, C. (2019). There’s a Climate Threat Facing Pacific Islands That’s More Dire Than Losing Land, Science Alert, https://www.sciencealert.com/pacific-islanders-are-in-a-climate-crisis-as-rising-sea-levels-threaten -water; Hassan, H. R., and Cliff, V. (2019). For Small Island Nations, Climate Change is not a Threat. It’s Already Here, World Economic Forum, https://www.weforum.org/agenda/2019/09/island-nations-maldives-climate-change/ [8] For example, Lyons, K. (2019). Australia Coal use is Existential threat to Pacific Islanders, The Guardian. https://www.theguardian.com/world/2019/aug/12/australia-coal-use-is-existential-threat-to-pacific-is lands-says-fiji-pm [9] Cripps, E. (2013). Climate Change and the Moral Agent: Individual Duties in an Interdependent World. Oxford: Oxford University Press. [10] Schroeder, D., Chatfield, K., Singh, M., Chennells, R., and Herissone-Kelly, P.. Ethics Dumping and the Need for a Global Code of Conduct. In Cham. (Ed.)(2019). Equitable Research Partnerships. SpringerBriefs in Research and Innovation Governance. Springer. 2019. https://doi.org/10.1007/978-3-030-15745-6_1 [11] Giudice L.C., Llamas-Clark E.F., DeNicola N., Pandipati, S., Zlatnik, M.G., Decena, D.C.D., Woodruff, T.J., Conry, J.A. (2021). Climate Change, Women’s Health, and the Role of Obstetricians and Gynecologists in Leadership, International J Gynecol Obstet, 155(3), 345-356. 10.1002/ijgo.13958 [12] See Ferrarello, S. and Zapien, N. (2020). Ethical Experience: A Phenomenology, Bloomsbury. (for understanding phenomenological determinants of ethical action). [13] McLeman, R.A., Hunter, L.M., (2010). Migration in the context of vulnerability and adaptation to climate change: insights from analogues. Wiley Interdiscip Rev Clim Change, 1(3): 450-461. [14] Least Developed Countries Expert Group. (2018). Considerations Regarding Vulnerable Groups, Communities and Ecosystems in the Context of the National Adaptation Plans: United Nations Framework Convention on Climate Change. [15] Jecker, N.S. 2013. "The Problem with Rescue Medicine." J Med Philos, 38(1):64-81. [16] White House Report. (February 9, 2021), Executive Order (E.O.) 14013, “Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration.” (calls on the National Security Advisor to prepare a report on climate change and its impact on migration. “This report marks the first time the U.S. Government is officially reporting on the link between climate change and migration.” https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling -the-climate-crisis-at-home-and-abroad/ [17] Torres, J.M., Casey, J.A. (2017) The centrality of social ties to climate migration and mental health. BMC Public Health, 17: 600. https://doi.org/10.1186/s12889-017-4508-0. (shrink)

This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need (...) contain no overarching concern to maximize the good are acknowledged to avoid the original dilemma, but lead to further problems of motivating and justifying RC in the absence of such a concern. The paper argues that Hooker's attempt to deal with these problems by using a 'Reflective Equilibrium plus method is unsuccessful. (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

This is a three-part study and defense of the idea of basic human equality. (This is the idea that humans are basically one another's equals, as opposed to more derivative theories of the dimensions in which we ought to be equal or the particular implications that equality might have for public policy.) Part (1) of the paper examines the very idea of basic equality and it tries to elucidate it by considering what an opponent of (...) basic human equality (e.g. a philosophical racist) might hold. It explores the idea of there being no morally significant fundamental divisions among humans (of the kind that some people insist on as between humans and others animals). Part (2) considers whether basic human equality must be based on some descriptive similarity among us (naturalistic or metaphysical); it considers the positions of a number of thinkers who have denied this. Part (3) considers John Rawls's conception of basic equality in terms of range properties. (Being in Ohio is a range property; Columbus and Cincinnati are both equally in Ohio even though even though Columbus is in the center of the state, while Cincinnati is just over the river from Kentucky.) It explores the application of this Rawlsian idea to the descriptive properties that might be thought relevant to human equality. This three part paper is a rather technical philosophical exploration. And it is just a beginning; we need much more work on the idea of basic equality. Some of the energy that has gone into discussions of equality as a policy aim (e.g. in the Dworkin/Sen literature or in the literature surrounding Rawls's Difference Principle) needs to be devoted to this more fundamental conception. (shrink)

Sophists’ apologia. -/- Sophists were the first paid teachers ever. These ancient Greek enlighteners taught wisdom. Protagoras, Antiphon, Prodicus, Hippias, Lykophron are most famous ones. Sophists views and concerns made a unified encyclopedic system aimed at teaching common wisdom, virtue, management and public speaking. Of the contemporary “enlighters”, Deil Carnegy’s educational work seems to be the most similar to sophism. Sophists were the first intellectuals – their trade was to sell knowledge. They introduced a new type of teacher-student relationship – (...) the mutually beneficial communication on equal terms. They taught pupils how to think independently and how to persuade others, which was inseparably connected with the rise of democracy in the most advanced Greek polices. Sophists were the first to proclaim that all people are naturally equal. They put forward the idea of natural rights and social contract, working out the fundamentals of the present-day law. In addition, they developed the basics of philology, psychology, logic, and gave a scientific explanation to the origins of religions. They embodied definite positive ideals of their epoch. Sophistry flourished in the second half of the Vth through he first third of the IVth centuries B. C. The period coincides with the heyday of the entire Greek history – the so called Greek Miracle epoch. Sophists expressed some present-day concepts of Ancient Greek ideology and mentality, characteristic of its Golden Age times. The Ancient Athens of the times of Periclus were similar to the Florence of Renaissance as to the type of social structure. That is why (?) the art of eloquence (public speaking) was highly respected in Florence. The two cities had a lot of features of the present-day capitalist society, which was due to their role as the main centres of industry of their “worlds-economies”. During the subsequent Hellenic period, the Old Order was restored, based on the feudal rent recipients’ rule. The degradation of society resulted in the decline of sophistry. Sophistry represents the highest point in the evolution of Greek philosophy. It is also the most prominent school as to the novelty of its ideas. That was owing to the common propensity for innovation typical of Periclus’ Golden Age, which in its turn resulted from the establishment of the individualistic and rationalistic thinking similar to present-day mentality. Among other aspects, close attention was paid to ethnic issues; some humanistic ideas such as Master and Servant ethics and Enlightment as the primary condition of man’s freedom, received scientific grounding. The genre of philosophical dialogue was developed, as well as the rationalistic scientific gnoceology, aimed at consistently opposing any religion. Dialectics, the most outstanding achievement of the Antiquity, was also worked out by the sophists. Zeno of Helleas was one of the sophists. Democrites’ ideas were, too, quite close to dialectics. Socrates’ contemporaries regarded him ironically, as shown, for example, in the Aristophanes’ comedy “Clouds”. Nevertheless, this scholar can still be referred to as a sophist, although of somewhat weird personality. Socrates’ popularity, which came later, should be attributed to the fact that he was the first philosopher ever to have been sentenced and executed by law, rather than to any valuable scientific contributions. Sophistry as such, rather than Socrates, marks the line between pre-Socratic and post- Socratic schools. Plato, with the exception of his latest works, is considered to belong to the same philosophical school. Specifically, there are valid reasons to believe that he was paid fees by his disciples. In Plato’s Dialogues, all points of view will be proven and then disproved, so that an integral philosophical system is hard to observe. Plato’s “Idealism” is but one of the many possible theories. His ideal philosophy is a high-minded argument of wise men. As late as towards the end of his life, Plato betrayed the ideals of sophistry, turning into the world’s first proponent of totalitarianism. Sophistry is Greek classical literature. Later on, philosophy, as well as the entire Greek civilization, started to fall into decline. Over 500 subsequent years, Hellenistic-Roman scholars never came up with anything novel. The entire process of antique philosophical evolution can be subdivided into the following six stages: Phoenician (IX–VIIth centuries B. C.), archaic (VIth – the first half of IVth century B. C., classic (the epoch of sophistry: the second half of the Vth through the first decades of the IIIrd centuries B. C.), late antique (middle of the IIIrd – first decades of the VI th centuries B.C.) The fact that early in the VIth century B. C. sophistry was rejected in Athens, has a lot to do with the consequences of their defeat in Peloponnesian war, a social catastrophe. Ever since, the prevalent part of the criticism of sophistry is a criticism of sophists’ immoral ways of life and personalities, rather than the essentials of their philosophy. For instance, Aristotle’s criticism primarily concerns their pragmatism and tendency to make a profit out of teaching. However, Aristotle himself taught his disciples along similar lines, showing them how to “be able to prove both opposites”. It was Aristotle who summed up sophists’ century-long elaborations. The traditional modern interpretation of sophists as shown in Plato’s dialogues appears to be groundless. The truth of the matter is that Plato regards sophists as more serious philosophers than Socrates was. It becomes especially clear in the dialogue titled “Protagoras”, which shows the latter as gaining an undoubted victory over Socrates. Generally speaking, Plato’s works never regard sophists as weak or worthless opponents. A common opinion as to the essence of sophists’, in particular, Protagoras’s philosophy, has hitherto not been worked out. Many researchers renounce the very existence of any specific philosophical position in sophistry. The term “relativism” itself now has a bad name. However, it should be borne in mind that Protagoras doctrine emerged as a result of an attempt to get out of the ontological dead-end to which the entire Greek natural philosophy had come. To this purpose, he employed Anaxagoras’s idea about everything comprising everything, whereupon he built his physical-ontological theory, and Zeno of Helleas’s concept that all objects are such and different at the same time in the same respect. According to Protagoras’s philosophy, every object does not only seem, but is different from every other object, including human beings. Therefore, every person is his or her own measure of all other entities. The objective reality is the Ego’s relations with the outer world. Every object’s essence is defined through its interaction with ourselves. Nothing remains stagnant – every existence already contains non-existence, and vice-versa. However, the relativity of being is not to be regarded as absolute. That means, that relatively stable and therefore relatively cognizable entities do exist, among them the words we say. Doubt is not considered absolute by relativists either, which differentiates them from skeptics and agnostics. They dare to believe. Uncertainty is Godly – here, Protagoras becomes very close to the concept of apathetic theology. Gorgius shared Protagoras’s views and tried to prove them applying the same method as Zeno applied when upholding Parmenidis’s philosophy. He argued that if one accepts the opposite point of view and agrees that nothing can exist and not exist at the same time, one is bound to come to an the absurd conclusion that nothing is cognizable and nothing exists. To prove that there is a universal contradiction within the Existence itself, Protagoras and his followers in their turn put forward a number of special logical arguments, called rules of contraries, or sophisms. The most well-known of them is the Euathle’s sophism, which proves that an object can be such and different at the same time in the same respect. Generally speaking, all relationships of any entity are extraneous. The idea that all entities, including concepts, exist and do not exist at the same time, was also accepted by Plato. It should be stressed, that Plato’s philosophy as a whole is relativists’ greatest achievement. In his dispute against relativism, Aristotle put forward the main concepts of his ontology: the existence falls into the existence in possibility and the existence in reality, or substance and accidence – the ever changing “sublunary” world and the stable world of divine heavenly bodies. This division made his system self-contradictory to the point of absurd. Aristotle quite realized, that the direct disproof of relativism is hardly possible, which fact makes his criticism a mere tautology. It is very indicative in this respect that materialists, idealists and even skeptical agnostics applied the same arguments do disprove relativism. That demonstrates that the inner contradiction between any forms of “absolutism” and relativism is the most fundamental philosophical problem. Relativist ideas were repeatedly renewed throughout history, provided the social conditions were favourable. In variations, the concepts were advanced by Tzuan Tsi and ancient Chinese sophists, apostle Paul, Nicolas of Cusa, Galileo, Rene Descartes, G. Berkley, D. Hume, Ch. S. Pierce, E. Mach, A. Bogdanov, F. de Saussure, N. Bore, P. Feuerabend, U. Quain and others. However, no consistent relativist ontological system was developed after Protagoras. Meanwhile, a valid relativist theory could provide a clue to a fuller and more adequate general physical concept of the world, and to a deeper understanding of quantum mechanics. -/- Relativism as an ontological system of beliefs. -/- The relativist principle of relativity of all that exists is fundamental for the entire system of philosophy. Absolutely everything exists, but, at the same time, no existence is absolute. Anything is possible, but those entities only exist for us with which we interact this way or another, i. e., reality is interaction, “I interact – hence, I exist”. However, an overly close relationship between entities leads to non-existence – in other words, there is a certain existential optimum. For all of us, information, or perceptible heterogeneities, is real. Each of us is the center of a definite system of interactions with the world. If God is an endless Possibility, then the World is but the man’s dialogue with God. However, the ties that bind us with the world are of some definite kind, which predetermines our reality. The principle of relativity constrains itself, as any relativity is relative. On the one hand, that calls forth the Evil – caused by our own weakness. On the other hand, it makes our world relatively stable and cognizable. Generally speaking, the world is what we are. Everybody has an own Universe, but since people are fairly similar, our universes can be regarded as one Universe with common laws and regulations. It is possible for us to change the degree of objects’ existence in relation to ourselves and one another. It is equally important, though, to remain ourselves (keep following our “warrior’s path”). Since everything exists and no existence is absolute, the process of cognition should involve a criticism of everything but never a complete rebuttal of anything. The criterion of verity for any theory then is in its capacity to build itself upon a bigger number of diverse statements than in any other theory. Theoretically, all philosophies should ideally be complementary. The question of what in fact happened is meaningless unless we specify the “we”, the “where” and the “when”. The past can only exist as part of the present. When we change, our past undergoes corresponding qualitative objective changes, all of which are irreversible. The contemporary physics regards all objects of the Universe as existing for one another, which results in absurd conclusions. In fact, only what we interact with, exists. The so called “speed of light in vacuum” c is the maximum speed of direct interaction and direct exchange of signals. Specifically, at the oncoming speed c with a significant blue parallax the gamma-quantum is unable to interact with the matter. When this speed is reached, the gravitational mass of objects in relation to one another becomes equal to zero (imaginary), whereas their inertial mass equals infinity. Further acceleration will bring us into an entirely different Universe. That means that the Universe is an open system, which fact destroys all present-day cosmological models. Anything is possible in this world. Our reality is magic. Every bit of space contains a potentially limitless number of bits of other, however virtual, universes, as well as an infinite number of particles, which are still virtual for us (as postulated by quantum mechanics). In other words, there exists an infinity of different realities. With all the above in mind, the different levels of entities’ existence, in particular, of Life and Reason, should be taken into consideration. For example, to which extent a live system exists in relation to the inanimate forms of being is very indefinite, as what life is has to be determined by living creatures. An even greater compass of levels of existence can be brought about through interaction – that is the core idea of Godel’s theorem. As a result, the range of forms of existence tends towards infinity – the evolution of matter through super-intelligence will bring us up to God’s heights. A more generalized mathematical model of the physical world, including a universal operator of the co-existence of objects, can be developed based on the above considerations. The bonds between objects become weaker owing to 1) a high speed, 2) acceleration, 3) rotation, 4) strong gravity, 5) strong fields of other kinds, 6) the difference of levels of existence , 7) phase shifts. Yet, there always is an existential optimum. Such mathematical model is to operate certain non-transitive algebras. Relativist ontology assumes that the notion of “temperature” is relative, thus making it possible to ignore the Second Law of Thermodynamics. In its turn, that will allow for phase shifts. A perpetual motion machine of the second type will become a reality. Rotation could presumably be used to increase inertial and decrease gravitational mass, slowing down the time. An experimental research could shed light on the mentioned effects. (shrink)

In the field of history of Chinese philosophy, the key points and difficulties in the research on Fang Yizhi are mainly reflected in two ideological lines: one is how the academic pattern of the transition from Neo-Confucianism in the Song and Ming Dynasties to the texturalism in the Qing Dynasty happened; the other is how the traditional Chinese humanities accepted the western modern natural sciences and technologies. Relatively speaking, in the late Ming and early Qing Dynasties, there were fewer academic (...) discussions on the relationship between intellectual thought and natural science and technology, and no universally accepted explanatory paradigm has been put forward yet. To understand the relationship between science and humanities in late Ming and early Qing Dynasty, as well as that between modern western natural science and ancient Chinese traditional thought, Fang Yizhi is a precious object of study. Fang Yizhi's thinking and practice about "things" is a bridge linking the natural world and the human world. “Thing” in Chinese philosophy has both concrete and abstract attributes, including but not limited to the category of “matter” in Western philosophy. Fang Yizhi has always been regarded as an encyclopedic thinker, and his theory of things is extremely rich. The theory and practice of things are the core of Fang Yizhi's philosophy. Fang Yizhi believes that the three religions all hold that the ultimate noumenon itself is "unknowable" and at the same time is the fundamental basis of every single thing, so people can only "study its origin" from the "knowable", that is, the "thing". This train of thought lies in the base of Fang’s thinking when describing and analyzing the relationship between Dao and things, which includes both theories of the universe and the ontology. This paper holds that the basic idea of Fang Yizhi's philosophy on the theory of body and function is that ‘there is no body but there is function’, while on the theory of universe it is that what above Yin and Yang are unknowable. Because the Dao has no body, it has only the function. And because nothing above the Yin and Yang can be understood, people can only use what is below the Yin and Yang such as the principle, qi 氣, image and number, to form the universal principle through the induction of the principle of “things”. Furthermore, Fang Yizhi ascribes the body, mind, nature and destiny to the concept of things, that is to say, he regards the self as the object of rational cognition. In this relationship, "I" is not only the subject of cognition, but also the object of cognition, thus realizing introspection inward. Thirdly, utensils and heaven and earth, that is, man-made objects and natural objects, are external to the self. Although Fang Yizhi also advocated "making" things external to human beings, under the social class system of scholars, peasants, workers and businessmen, he could only engage in the research of the theory of external things, that is, the so-called science of quality and measurement. On the whole, Fang Yizhi's physical research and practice did not go beyond the scope of Chinese traditional natural science, but he was good at summarizing research methods, actively absorbing the contents of western natural science, and put forward correct ideas on many specific natural science issues. Mou Zongsan's discussion on the relationship between existence and activity inspires the author to think about the significance of the theory of “round ∴”. Fang Yizhi drew a series of laws represented by the theory of “round∴” through the induction of the principle of being. Although these laws are derived from existing things, they themselves are not static, but show two levels of active states: one is the internal dynamics of the laws, that is, the constant rotation; the other is that the law derived from the existing things can be applied to the activities of people, considering eternity and change, the right timing and other variable factors. This paper tries to follow the essence of Fang Yizhi's thought to seek for communication and connection between objects and things, between being and activity, between natural science and moral and human ethics. From the perspective of the development of modern and contemporary Chinese philosophy, the study of mind has always occupied an important position, and the corresponding philosophical research of “things” is relatively lacking. In theory, mind and thing are relative and inseparable aspects, and the thoughts on “things” in traditional Chinese thought resources are comparable to the study of mind in terms of diachronic, textual volume and theoretical depth. The rapid development of modern natural science and technology and its challenges to the human world have promoted the deep and lasting reflecting on the problem of things and the relationship between people and things in western philosophy. Scientific rationality invades every aspect of human's life. The transformation of knowledge to practical technology enhances human's ability to control and transform things. Instrumental rationality dominates human's understanding of things, and “things” fall from the meaning world of human's living situation and become the means to meet human's needs. A re-examination of this period in Chinese history, when pre-modern ideas and science and technology first collided, may be helpful to enlighten us to think about the relationship between science and technology and the world of human significance. (shrink)

Here's a brief introduction to the philosophical puzzle of free will.View HTMLSend article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select (...) to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.INTRODUCTIONVolume 18, Issue 52Stephen LawDOI: https://doi.org/10.1017/S147717561900006XYour Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. INTRODUCTIONVolume 18, Issue 52Stephen LawDOI: https://doi.org/10.1017/S147717561900006XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. INTRODUCTIONVolume 18, Issue 52Stephen LawDOI: https://doi.org/10.1017/S147717561900006XAvailable formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

Even if Peirce were well understood and there existed· general agreement among Peirce scholars on what he meant by his semiotics, or philosophy of signs, the undertaking of this book-wliich intends to establish a theoretical foundation for a new approach to understanding the interrelations of law, economics, and politics against referent systems of value-would be a risky venture. But since such general agreement on Peirce's work is lacking, one's sense of adventure in ideas requires further qualification. Indeed, the proverbial nerve (...) for failure must in any case be attendant. If one succeeds, one has introduced for further inquiry the strong possibility that should our social systems of law, economics, and politics---our means of interpersonal transaction as a whole-be understood against the theoretical back ground of a dynamic, "motion-picture" universe that is continually becoming, that is infinitely developing and changing in response to genuinely novel elements that emerge as existents, then the basic concepts of rights, resources, and reality take on new dimensions of meaning in correspondence with n-dimensional, infinite value judgments or truth-like beliefs which one holds. If such a view, as Peirce maintained, were possible and tenable not only for philosophy but as the basis for action and interaction in the world of human experience and practical affairs, one would readily say that risk taking is a small price for the realization of such possibility. (shrink)

Translator's Abstract: The right to have rights was never a right to be had. Hannah Arendt's famous formulation of the most elementary right of all, the right to participate in the definition of rights, is not a description of a given right that belongs to one or the other form of law, but an indictment of a deficit in the construction of legality on the basis of the right to withdraw legal protection from members of a community, and therefore to (...) refuse rights. The one and only human right thus turns out to be ungrounded in anything but the idea of its being had: a " property right " that traces back to the legal, philosophical and linguistic definitions of " one's own " since antiquity. Only the gift of the incalculable and of that which cannot possibly be legitimated can ground the autarchic self-relation of having: ungrounded in the rationally organized nature of any given, possessing the right to membership in a political community turns out to be permission to freely transfer this possession to another, without expectation of a return. (shrink)

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it had occupied in the (...) outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:IntroductionEthics and Interdisciplinarity in Philosophy and Literary TheoryMark Sanders (bio)Two questions—the first calls for information, the second for justification. What points of contact, if any, are there between the current investment in ethics in literary theory, and the elaboration of ethics in contemporary philosophy? In other words, does an interdisciplinarity exist? Second, what reasons might literary theorists have, or have they had, to be aware and take stock of (...) developments in philosophical ethics? That is to say, what might be gained from interdisciplinary work? A third question emanates from the first two: where a cross-disciplinary engagement with philosophy has taken place, has there occurred any transformation of literary theory? I hope to show in what follows that, when we consider ethics in literary theory, no less than in philosophy, it is necessary to attend both to method within each discipline and to the nature of relations between them.The first of my questions begs the question of what contemporary philosophy is. Literary theorists entering into ethics have tended to draw on the work of Emmanuel Lévinas, Jacques Derrida, Michel Foucault, and Luce Irigaray, and more recently that of Giorgio Agamben and Alain Badiou. If the last has, in a spirit of polemic, professed to displace the "other" in the name of the "Same,"1 the dominant paradigm, when it [End Page 3] comes to ethics, remains one of alterity and difference. There are fundamental reasons why this should be the case: operating in figural language, literature, or the literary, differs from itself in response to an other. To borrow, translate, and adapt an Afrikaans term from the South African poet Breyten Breytenbach,2 literature engages in a process of andersmaak, of other-making or making-other: in making-other and, in so doing, inventing others, it makes itself other. Literature is an other-maker. It is to this activity that literary theory must attend. That is why it is natural for it to turn to ethics—not only the nexus Lévinas-Derrida and the other thinkers mentioned above, but also, for instance, to psychoanalysis: what may have begun as the teasing out of hidden meanings (the received idea is that this is what psychoanalysis and literary criticism share) has, following Lacan's "return to Freud," evolved into a consideration of the ethics of psychoanalysis in the context of reading and listening [see, for example, Felman and Laub].Literature may be an other-maker, and reading may be exemplary in the topoi of current theory for responsibility before the other,3 but it is not clear that literary theorists have been equal to setting this responsibility to work fully when it comes to responding to philosophy. There has been relatively little attention among literary theorists to developments in disciplinary philosophy—where, in recent decades, in North America and the Anglophone world generally, the tendency in ethics has been to bring moral reflection to bear on questions in political theory. The pólis in question is, however, no longer only the nation-state; the politics that engages political thought is transnational and global. Whether or not a given thinker subscribes to the idea of world citizenship, the horizon for thought is cosmopolitan.PhilosophyAlthough thinkers have continued to enter into basic questions in ethics,4 the writings of Charles Taylor, Will Kymlicka, Iris Young, Seyla Benhabib, and others attest to a shift from ethics to politics powerfully influenced by John Rawls (1921-2002)—notably in A Theory of Justice (1971) and Political Liberalism (1993)—and the ensuing criticisms of these works. As the weight of the North American debate has moved from liberal multiculturalism and minority rights [see Taylor et al.; Ackerman; Kymlicka; Young, Justice and the Politics of Difference] toward transnationality and globalization, Rawls's more recent critics have come to view his assumption of the nation-state as the basic context of analysis—even in The Law of Peoples (1999), which is devoted to international relations—as a limitation to his thinking of justice.5 These changes in emphasis are a clear sign of how the effects of globalization have begun to draw a response from political theorists.Links between ethics and political... (shrink)

Basic characteristic of Islamic heritage law, principally it has accepted the two-to-one ratio between the male and the female children/siblings in division of heritage. In Islamic inheritance law, the main/basic reason why the share of the male is twice the share of the female is no “value” judgments given to female/women in creation and gender in Islam, on the contrary, are real realities related with the roles and financial obligations that man and woman have undertaken, in other words, (...) related with “socio-economic structure/fact” in the family and society structure foreseen by Islam. As a matter of fact, “need principle” is based on in division and succession of heritageand a fair arrangement has been made in accordance with the rights and responsibilities of the husband and wife in Islamic Law. In some classical tafsīr books, the concept of “degree” in the verse “... Men have a degree (right) over women” (Al-Baqara 2/228) mentioning the mutual rights and responsibilities of women and men; and the expression of “lil al-dhakari mithlu haẓẓ al-unthayain” in the verse –the inheritance of man is the share of two women– (Al-Nisā 4/11) mentioning the inheritance shares of boys and girls is interpreted against the woman by disregarding the intended purpose and socio-economic contexts of these verses. As a result of this interpretation, the share of men in inheritance is twice the share of women in Islamic law is ontologically (existential/creation) based on a justification that “man is superior to woman”. In this article/study, an analyticallook atthe interpretations in some classical tafsīr books on the axis of “daraja/degree” and “lil al-dhakari mithlu haẓẓ al-unthayain” that today sheds light on the sociological-historical background of depriving the daughter from the heritage will be made. Summary: Just as there is no way to determine a person’s sex, it is not either possible by reason to have such an opportunity. - With the possibility of medical intervention nowadays - sex is determined by the discretion of the Supreme Creator rather than will. Indeed, it is mentioned in the Qur’ān: To Allah belongs the dominion of the heavens and the earth; He creates what he wills. He gives to whom He wills female [children], and He gives to whom He wills males (Al-Shūrā 42/49.)In addition to human biological sex, there is also social gender. Indeed, the term “sex” refers to being biologically female or male, while the term "gender" refers to the social and cultural identity of a woman or man, or the social roles that occur in the historical process.Accordingly, while it is not possible to determine biological sex (in normal circumstances in advance), determining gender is shaped by the cultural will of individuals and societies. As a matter of fact, gender is shaped according to the religions, customs and cultures of the societies and it shows differences according to time, culture and family structure. In this context, in the pre-Islamic Arab society, the gender of the girl or the woman was shaped by the custom of the ritual and customs. Indeed, it is a known fact that during the period of Jahiliyyah, in terms of social gender, the girl/woman has been deprived of many social and economic rights, especially heritage. The Qur’ān has brought the girls who, in the period of Jahiliyyah, were oppressed in terms of gender, deprived of many social and economical rights, treated as second class human, embarrassed of themselves and buried alive, to the same position as man. In this context, as it is in every field in the direction of social structure and social conditions of that day, also in the field of inheritance law, a number of regulations were made in the Qur’ān and the Sunnah being the main sources of Islam. The divisions of the inheritance were connected with religious and legal rules and the shares of the inheritance of the sons and daughters were determined by naṣṣ (verses and hadiths).However, in Islamic inheritance law, as a requirement of the structure of family and society accepted by Islam, in principle, “two-to-one” measures have been adopted between male and female children. As a matter of fact, in this aspect, it is mentioned in the Qur’ān: Allah instructs you concerning your children: for the male, what is equal to the share of two females (Al-Nisā 4/11.)On one hand, the principle that Islamic law brings between boys and girls; Seems to be an inequality in terms of the arrangement in which "the inheritance share of the male child is twice the share of the female child", while on the other hand, within the border of in the family foreseen by Islam, this regulation has not been seen as an injustice and inequity by Muslim societies, because in Islamic family law, a man is obliged to ensure the livelihood of the family after marriage. He is also obliged to give his wife her mahr when marrying.In Islamic inheritance law, “necessity principle” is taken as the basis of responsibility that women and man have undertaken in family and society. Therefore, even though giving nothing at all to those who are not in need and giving less to those who are in less need, giving too much to those who are in much need might seem contrary to the principle of equality, it is a necessity of the principle of justice and fairness. As a matter of fact, while "law equality, necessity in sharing" principle, law is arranged according to people's qualifications, goods and wealth sharing is divided according to the needs of people. In this context, there has been a fair division in Islamic heritage law based on the necessity, (distributive) justice and fairness principle. Indeed, the French philosopher Roger Garaudy (1913-2012), who chose /converted to Islam, evaluates the following about the proportion of male child in the Qur'an to that of female child: “When we consider that in the Arab society all the obligations of the family and of the care of the parents and of all the things that we call ‘social security’ today are put on the shoulders of the husband, the hereditary male child's share must be twice as high as the female child’s is”.As Garaudy argues, the difference in the inheritance of women and men in Islamic inheritance law is not a legal discrimination/inequality, but a form of divisiveness stemming from a need based on the role and responsibility that women and men have undertaken in the family and society. Therefore, giving nothing to those who need nothing, giving little to those who need little, and giving a lot to those who need a lot,even though may seem contradictious to the principle of equality, it becomes a necessity of equity and (distributive) justice principle. In this case, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child, is social and economic reasons and it is possible to rank them as follows:1) According to Islamic law, women are not obliged to make their own economic livelihoods. The woman’s economic responsibility belongs to her father or brothers before marriage, and then to her husband after marriage. 2) When a woman is married she is not responsible for herself or other family members’ livelihood. The male is obliged to make a living for himself, his wife and his children.3) While married, the male is obliged to give the wife mahr. The woman has no such responsibility.As it is understood from the above explanations, in Islamic inheritance law, the basic reason why the share of the male child is twice the share of the female child is not about the ontologically “value” based on creation and sex given to the woman (girl child) in Islam. On the contrary, it is the real facts concerning the family and society structure that Islam predicts, the roles and financial obligations that man and woman have undertaken, namely “socio-economic structure/fact”.In some commentaries in classical commentary books, the rights and responsibilities of women and men are referred to, like: the word “degree” mentioned in: …but the men have a degree over them [in responsibility and authority (Al-Baqara 2/228), and the talk about the inheritance shares of boys and girls in: for the male, what is equal to the share of two females (Al-Nisā 4/11). Eventually, the concepts “lil al-dhakari mithlu haẓẓ al-unthayain” have been associated with the gender of the woman/girl child ontologically (based on social fact) by ignoring the referent purpose and socio-economic contexts of these verses. As a result of these interpretations, it was desired that the Islamic law principle of inheritance share of male child being twice the share of female child, ontologically, should be based on a justification that “man is superior to woman”.In this study, some of the era’s dominant culture classical interpretations grounding women's inheritances share on her gender and based on the axis of the concepts of "degree" and “lil al-dhakari mithlu haẓẓ al-unthayain” in the related verses of the Qur'ān will be elaborated. (shrink)

Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, -and limited the maximum number of wives to four. Although polygyny is mubah (permissible) in Islamic law, it is not an absolute right that every man can use arbitrarily. Thus in Islamic law, the legitimacy of polygyny has been attributed (...) to the presence of two basic conditions: the observance of justice among co-wives and providing maintnance. However, the observance of these conditions that is left to the mercy of men leads to the exploitation of the right for practicing to polygyny and victimization of the first spouse. Therefore, inserting some restrictions for using this right has come to the agenda from time to time in Islamic legal history. The first legal arrangements concerning the restriction of the polygyny (taaddud al-zawjāt) in the history of Islamic law were indirectly made with the Family Law Decree of 1917 which was prepared in the last periods of the Ottoman Empire. Among the late Islamic jurists, the issue of the limitation of polygyny by public authority in Islamic law continues to be discussed. The civil laws of contemporary Muslim countries contain different regulations on the issue. In this article, the restriction of polygyny by the public authority in Islamic family law will be focused on.Summary: Polygyny, the marriage of a man with more than one woman at the same time is a well-known practiced in human history. Islamic law accepts the institution of polygyny as a substitute provision if it fulfills the certain conditions and reasons, and limited the maximum number of wives to four. Thus, relevant verses in the Qur’an (al-Nisa 4/3, 129) and the Prophet’s own practice (al-Ahzab 33/50, 51, 59 al-Tahrim 66 / 3-5) show that it is legitimate for a man to marry more than one woman (up to four) at the same time in Islamic law. Although polygyny is legally permissible (mubah) in Islamic law it is not an absolute right that every man can arbitrarily use. Thus in Islamic law, the legitimacy of polygyny has been attributed to the presence of two basic conditions: the observance of justice among co-wives and providing maintenance. On the other hand, there may be some exceptional circumstances permitting polygyny in Islamic law. For example, when female population is much more than male in the society and when a, woman is can not fulfill her family duties due to her cureless illness, polygyny is permitted in Islamic law.As it can be understood from the explanations above, polygyny in Islamic law is not a general and mandatory provision that should be applied by every man who has legal capacity to marry. On the contrary, it is an exceptional provision that is justified if there are certain conditions and justifications. According to this; polygyny is a moral and legal institution that is made up of mutual consent based on individual and social conditions and needs in Islamic law. Therefore, men do not have to marry a second woman on their current wives, as well as women have the right to say “no” to marry a married man as a second wife.When the conditions and rationales indicated in the relevant verses and doctrine are evaluated together, it can be said that in order to be able to legitimize the polygyny in Islamic law, there must be three basic conditions:(1) Observing justice among spouses, (2) Having sufficient financial power to provide maintenance for spouses, (3) Existence of individual or social need or necessity.Therefore, in order to prevent the exploitation of polygyny, which is justified under certain conditions and justifications in Islamic law, the above-mentioned conditions must be fulfilled. Otherwise, polygyny can cause some problems, unrest and injustice for individual, family and society. Hence, in the presence of certain conditions and justifications, polygyny accepted in Islamic law as a moral and legal institution aiming the elimination of individual and social arbitration.Although the legitimacy of polygyny in Islamic law depends on the existence of certain conditions and special circumstances, it is a known fact that they are not always observed in practice. It can be said that the right of polygyny is a subject of abuse in practice. Therefore, the limitation of polygyny by the public authority has come to the fore in Islamic legal history. Today, control of the public authority and inserting some restrictions of polygyny continue to be discussed among the Islamic jurists. In the past, it is possible to say that the control of the exercising of this right has been done relatively by society (social environment). However, nowadays, since the society cannot perform the control mechanism, it is brought up by the state (public authority) on behalf of the society.Among the contemporary Islamic jurists regarding the supervision or limitation of polygyny by the public authority; there are two approaches: “those who accept” and “those who do not accept” such restrictions.Islamic jurists, who accept that public authority is allowed to intervene in polygyny, grounded their views on two perspectives: The first is that the polygyny is legally permissible and the public authority has the authority to limit the permissible (mubah) in Islamic law. The second is that polygyny is restricted with the conditions in the Qur’anic verses such as “husband’s observation supervision of justice among his wives” and “having the power for ensuring the livelihood (nafaqa) of his wives” and it is more appropriate for the benefit of society and the purpose of the legislator (Shari’) to be subject to the control of the public authority whether these conditions are present or not. Islamic jurists, who do not agree that the public authority has the right to intervene in polygyny grounded their views on two perspectives as well: First, polygyny is a legitimate right mentioned in the verses in Islamic law and there is no definite proof that this can be prohibited or restricted by the public authority. Secondly, it is contrary to the verses to prohibit or limit the right that the Qur’an makes legitimate (free).Thus, it is possible to say that the opinion which accepts that the public authority has to limit polygyny is more accurate in terms today’s social conditions. Namely, polygyny is linked to two basic conditions: ”husband’s observance of justice among his wives and having the power to provide maintenance for his wives. Therefore, supervision of the public authority on checking the existence of these conditions is more appropriate for the purpose of the legislator (Shari legitimizing polygyny and social benefit.In fact, the Ottoman Family Law Decree of 1917 indirectly limited the right of the husband to marry more than one woman, giving the woman right to stipulate a condition in her marriage contract that her husband not to marry a second woman. In the 1924 Draft of Family Law Decree, which was prepared after the repeal of the Family Law Decree of 1917, but not enacted, it was proposed that the application of polygyny should be presented to the approval judge.In today’-s Muslim countries, there are three different practices: namely “completely prohibiting polygyny”, ”releasing polygyny” and “giving the court the right to monitor the existence of necessary conditions “. In countries such as Morocco, Algeria, Iraq, Syria, Indonesia, Malaysia (and Pakistan), the validity of polygyny depends on the permission and supervision of the judiciary. Some of these countries which have accepted judicial review have given the judicial control for the requirement of justice, some of them the conditions of justice and maintenance some of them for the conditions of justice, maintenance and a legitimate justification.In sum, in accordance with the provisions of the relevant verses, polygyny in Islamic law is legitimately permissible (mubah). However, the public authority has the right and authority to limit the mubah in Islamic law in the case of the elimination of damage and the necessity of the public interest. On the other hand, the public authority has the right and authority to enact the law in Islamic law by preferring one of the existing ijtihads that meet the needs of the society and conforms to the conditions of the age.According to this, when the public authority made a statutory regulation that links the use of right of polygyny to the permission of the judge, this regulation is binding on society.Therefore, in the event of such a legal arrangement, it is possible for the public authority to allow the men who comply with the conditions and not to allow the ones who are not to comply with the conditions after conducting the necessary investigation. As a matter of fact, now Family Laws of many Muslim countries now include such legal arrangements. It is also worth mentioning here that there may be a necessity for a man to marry more than one woman (up to four) at the same time in terms of social benefits, when the population of male and female in a society is excessively disproportionate. In such circumstances, it is also possible that the public authority encourages, or even mandates, the marriage of men who have fulfilled the conditions to more than one woman. (shrink)

Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is (...) not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence. (shrink)

Gottlob Frege’s Grundgesetze der Arithmetik (Basic Laws of Arithmetic, Vol. I/II; 1893/1903) is a modern classic. Since the 1930s it has belonged to an exclusive class of only eleven works in the history of symbolic logic, which contain the ‘first appearance of a new idea of fundamental importance’ [Church, 1936, p. 122], and its author is the only one whose other major works — Begriffsschrift (1879) and Die Grundlagen der Arithmetik (1884) — also belong to this distinguished group. (...) Together with the seminal paper ‘Über Sinn und Bedeutung’ these three monographs represent the essential contributions to one of the most fascinating foundational projects in mathematics, then and now. For decades Frege struggled with the question, ‘how are we to apprehend logical objects, in particular, the numbers? What justifies us in acknowledging numbers as objects?’ [Frege, 2013, ‘Afterword’, p. 265]. His favourite answer, for a long time, was that arithmetic is a complex branch of logic. But since there is no logicism without logic, Frege started in Begriffsschrift with the invention of a nearly perfect formalization of higher-order classical predicate logic. To discover how far we can get in arithmetic by analytic means alone, it was even necessary to clarify the semantic character of the concept of number. This was done in a marvellous way by Frege five years later, in Grundlagen. The next step was nothing less than the complete execution of his logicist project, a monumental undertaking; and it is well known that here Frege failed, due to Russell’s derivation of the antinomy in 1902. But, despite the contradiction, Grundgesetze contains Frege’s legacy to logicism, which became more and more attractive. (shrink)

Reviews the book, The complete social scientist: A Kurt Lewin reader edited by Martin Gold . Although he is often acknowledged as one of the primary founders of American social psychology, and despite frequent citations in the literature, the actual ideas of Kurt Lewin seem to have been—more often than not—ignored or disregarded by most psychologists over the course of the last half century. Fortunately, there are a number of indications that this clearly unacceptable, decades-long neglect of Lewin is being (...) rectified. One such indication is this very thoughtfully and comprehensively assembled volume published by APA books and edited by Martin Gold. Offered as a companion volume to the also recently issued one-volume edition of two previous Lewin anthologies, Resolving Social Conflicts and Field Theory in Social Science, this anthology brings together fifteen additional articles that have been until now especially difficult for scholars to obtain. 2012 APA, all rights reserved). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“No One Is Psychotic in My Presence”S. Nassir Ghaemi (bio)Keywordsexistentialism, Semrad, delusions, psychosis, empathy, HavensWe are all prone to make wrong judgments about others (and ourselves) based on inaccurate (or insufficient) information. I recently had this experience with a relative, who cited a number of behaviors as reasons for him to make a rather harsh judgment about my internal mental states. Before hearing his rationale—and despite my belief that (...) he was wrong—I had to reserve some doubt that I might, unconsciously, have those disagreeable habits that my kind relative ascribed to me. But after I heard his explanation, the only possibility that seemed to fit was psychosis (in him, not me); because I was rather certain that he did not have a psychotic illness, I had to conclude that he had beliefs that served his own purposes in some way, although they were simply wrong.We all do this, all the time (perhaps this is the source of the wisdom behind a peasant woman’s admonition to Maxim Gorky: “Remember, above all, do not judge: that is the Devil’s work” [Gorky 1949]).But we do not all have delusions, at least in the sense that delusions are supposed to mark out psychiatric illnesses. Rhodes and Gipps (2008) make this point in their critique of cognitive theories of delusion: “One (‘rationalist’) line of research has explored to what extent people with psychotic delusions may have a malfunction in their reasoning processes (Garety and Hemsley 1994). Another (‘empiricist’) approach has it that delusions are a product of normal reasoning processes running on data provided by abnormal perceptual experiences (Maher 1988, 1999).” Both approaches identify abnormal kinds of reasoning in persons with psychosis, most of which are shared with the normal population (like my relative). But: “the question needs to be asked as to why, in many cases, clear counter-evidence has no effect in correcting the delusional belief. Confirmation bias after all itself only explains why people may not look for disconfirming evidence (Wason 1968), and does not explain why people may fail to believe it when they happen upon or are presented with it” (Rhodes and Gipps 2008, 306).This gets to the distinction between non-bizarre and bizarre delusions (a distinction that the authors do not make in their paper): Non-bizarre delusions seem completely explainable on cognitive grounds—they are not incredibly irrational (my relative’s perspective is logically plausible), yet they are just wrong (it is empirically false, I think). (Another example: I could plausibly believe that the FBI has me—a Shiite Muslim Middle Eastern male who hails from the Axis of Evil—under surveillance; it would simply be false, or not). On the other hand, the authors’ examples of delusions are both bizarre and wrong at first glance, not because they are illogical (in their conceptual associations), but simply because they just seem wrong without [End Page 315] much need to explain why (unlike my relative’s theories): “What, then, needs accounting for is why deluded persons do not themselves recognize the following: the unlikeliness of their belief, the insufficiency of the grounds they provide, the unlikeliness of their premises when they provide them (as well as their conclusions), the greater likelihood that the evidence they adduce was (for example) hallucinated rather than perceived, and so on” (Rhodes and Gipps 2008, 297).The authors turn first to Ludwig Wittgenstein, then John Searle—the former for the notion that we have “Bedrock certainties” that are founded on having served us in acting in the world (these beliefs do not require rational or empirical justification), the latter for the notion of a Background “defined as those abilities and dispositions which themselves are neither representations nor rules, yet that we need to hypothesize as functioning before we can make sense of everyday perception, thinking and language” (Searle 1995, 129). Go mow the lawn, we say, presuming that scissors will not be used:The capacity to discern what counts as the relevant context is itself a Background capacity that cannot, on pains of an infinite regress of an infinity of disambiguations, be understood as consisting in further propositional knowledge. The cultural ‘common sense... (shrink)

Our political thinking is driven, far more than philosophers recognize, by a concern for social equality and, more specifically, a concern to avoid relations of inferiority. Niko Kolodny argues that, in order to make sense of the most familiar ideas in our political thought and discourse - the justification of the state, democracy, and rule of law, as well as objections to paternalism and corruption - we cannot merely appeal to freedom (as libertarians like Nozick do) or to distributive fairness (...) (as liberals like Rawls do). We must, instead, appeal directly to claims against inferiority, that no one stands above or below. (shrink)

In this one-of-a-kind text, George P. Fletcher, a renowned legal theorist, offers a provocative yet accessible overview of the basics of legal thought. The first section of the book is designed to introduce the reader to fundamental concepts such as the rule of law and deciding cases under the law. It continues with an analysis of the values of justice, desert, consent, and equality, as they figure into our judgment of legal cultures in terms of soundness and legitimacy. The final (...) chapters address the problems of morality and consistency in the law. In each case the author not only introduces the basic ideas but considers important arguments in the contemporary literature and raises original claims of his own. Ideally suited for courses in the philosophy of law, legal issues, and jurisprudence, Basic Concepts of Legal Thought fills a void in the literature, as there is no other volume that both eases law students into the mysteries of legal philosophy and provides an introduction to the legal mind for non-lawyers. (shrink)

Reviews the book, Jerome Bruner: Language, culture, self by David Bakhurst and Stuart G. Shanker . The subject of this fine collection of essays is Jerome Bruner’s contribution to our contemporary understanding of the mind. As the editors note, although Bruner has typically “concerned himself with concrete and practical issues, such as education and, most recently, the law, he has always been an intensely theoretical thinker, a man fascinated by ideas” . It is for that reason that the editors and (...) contributors to this volume have chosen to focus exclusively on Bruner’s work as a “philosophical psychologist and philosopher of psychology” . 2012 APA, all rights reserved). (shrink)

Let us begin with a fundamental realization: No amount of thinking and no amount of public policy have brought us any closer to understanding and solving the problem of crime. The more we have reacted to crime, the farther we have removed ourselves from any understanding and any reduction of the problem. In recent years, we have floundered desperately in reformulating the law, punishing the offender, and quantifying our knowledge. Yet this country remains one of the most crime-ridden nations. In (...) spite of all its wealth, economic development, and scientific advances, this country has one of the worst crime records in the world.With such realization, we return once again—as if starting anew—to the subject of crime, a subject that remains one of our most critical indicators of the state of our personal and collective being. If what is to be said seems outrageous and heretical, it is only because it is necessarily outside the conventional wisdom both of our understanding of the problem and of our attempt to solve it. (shrink)

The idea of “creatio ex nihilo” entered the arena of natural science with the advent of modern cosmology in the mid-twentieth century. This idea, that is, the creation of the universe out of nothing, seems to be a consequence of the widely accepted Big Bang Theory which implies the temporal finitude of the world. In order to avoid the theological and metaphysical implications of such an idea, some scenarios and scientific models have been proposed. According to one (...) of the scenarios, the creation ex nihilo of the world is a causal physical phenomenon, and, hence, can be explained scientifically by appealing to the laws of nature. In this essay, I aim to discuss and criticize this idea. To fulfill this aim, in the introduction some achievements of modern cosmology will be very briefly introduced. In the next three sections, the notions of existence and nothingness, creation,scientific explanation, and singularity will be explored. It will be shown that what philosophers mean by these notions isradically different fromthe naïve ideas of some scientists. Hence, applying these notions to physical models of the origin of the universe is completely misleading. This work concludes that no scientific explanation appealing to the laws of nature can possibly explainthe creation of the universe out of nothing. (shrink)

ExtractThe idea that all the entities in the world may be, for legal and moral purposes, divided into the two categories of ‘persons’ and ‘things’ comes down to us from the tradition of Roman law. In the law, a ‘person’ is essentially the subject of rights and obligations, while a thing may be owned as property. In ethics, a person is an object of respect, to be valued for her own sake, and never to be used as a mere (...) means to an end, while a thing has only a derivative value, and may be used as a means to some person's ends. This bifurcation is unfortunate because it seems to leave us with no alternative but to categorize everything as either a person or a thing. Yet some of the entities that give rise to the most vexing ethical problems are exactly the ones that do not seem to fit comfortably into either category. For various, different, kinds of reasons, it seems inappropriate to categorize a fetus, a non-human animal, the environment, or an object of great beauty, as a person, but neither does it seem right to say of such things that they are to be valued only as means.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. PERSONHOOD, ANIMALS, AND THE LAWVolume 12, Issue 34Christine M. KorsgaardDOI: https://doi.org/10.1017/S1477175613000018Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of (...) equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

One reason to posit governing laws is to explain the uniformity of nature. Explanatory power can be purchased by accepting new primitives, and scientists invoke laws in their explanations without providing any supporting metaphysics. For these reasons, one might suspect that we can treat laws as wholly unanalyzable primitives. (John Carroll’s *Laws of Nature* (1994) and Tim Maudlin’s *The Metaphysics Within Physics* (2007) offer recent defenses of primitivism about laws.) Whatever defects primitive laws might have, explanatory weakness should not be (...) one of them. However, in this essay I’ll argue that wholly primitive laws cannot explain the uniformity of nature. The basic argument is based on the following idea: though a primitive law that P makes P likely, the primitive status of the law provides no reason to think that P must describe (or otherwise give rise to) a natural regularity. After identifying the problem for primitive laws, I consider an extension of the objection to all theories of governing laws and suggest that it may be avoided by a version of the Dretske/Tooley/Armstrong theory according to which laws are relations between universals. (shrink)

Of silence, paradoxically, one can only speak. By virtue of the alliance that unites reason and language, the capacity to name and to address indeed obeys a certain desire to restrain excessive communication. Laughter, tears and silence are part of the expressive world: however, they attest to the impossible pitfall of words in the socializing function that we accord them. Of extreme sociality, of meaning that exceeds the bearable, the suitability and the commerce of ideas, the only thing that rises (...) to the surface of the perceptible is that emotional logic whose significations shatter every criterion of certitude and of truth on the real. Confronted with three forms of experience of the unspeakable, we ordinarily allow ourselves to lend credit to the spontaneity of the first two (laughter and tears), while the symbolic dimension of silence seems to derive from an invisible orchestration, from a rather simple calculation or from a more elaborate strategy. This difference in nature is essential, and no one would dream of equating what “can” not be said with what “should” not be said. Silence exists as a sort of constraint, interiorized at various levels of the personality, and thereby more social than psychological. Even the involuntary silence of the unknowing person can be codified: as a disciplined avowal or the politeness of the humble who neither tolerates nor imagines any escape from his embarrassment. If speech is born in the abandon of a burst of expressivity, in hilarity or in sobs, it expires in a law, no less severe than the one which endows phrases with semantic coherence. Such a rule thus manifests a universal character socially more affirmed than the multiple syntaxes that organize each linguistic patrimony. That muteness can also be subject to a particular form of apprenticeship shows how each process of socialization determines the price of the communicable and assigns a value to the unformulated. Without pretending to offer a strict typology of this phenomenon, I will distinguish five classes that are capable of comprising its collective aspects. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Commandment against the Law Writing and Divine Justice in Walter Benjamin’s “Critique of Violence”Tracy McNulty (bio)Pierre Legendre has shown that the Romano-canonical legal traditions that form the foundations of Western jurisprudence “are founded in a discourse which denies the essential quality of the relation of the body to writing” [“Masters of Law” 110]. It emerges historically as a repudiation of Jewish legalism and Talmud law, where the rite (...) of circumcision encodes the subject’s entry into law as an “allegiance to the absolute Writing,” or the “relationship between the human subject and the logical place of the Other” [110–11; see also “les juifs”]. In this shift, one understanding of writing is displaced by another: the material inscription of the letter, as an incommunicable limit or cut, is supplanted by the fantasy of what Legendre calls a “living writing,” a writing “in the heart” that promotes an ideal of perfect communication in which nothing is lost, in which meaning is lodged in an absolute Other who guarantees all knowledge. In his words, “we belong to a culture in which a mystically alienated human body stands in the place of the absolute book. The state has emerged from this structure.... Its basic characteristics can be set out by means of a fundamental Romano-pontifical maxim: the Emperor carries all the archives in his breast (omnia scrinia habet in pectore suo)” [“Masters of Law” 109].The ultimate theological source of this Roman maxim is Paul’s polemic against the Jewish law in the Epistle to the Romans. Paul’s polemic is structured by a distinction between two orders of law: the “law of God” and the “law of sin.” The first is associated with the intelligible “spirit” of the law, which is “written in the heart,” the second with the prescriptive “letter” of the Jewish law, which compromises or corrupts the first by binding it to a particular representation and consigning it to written form. Paul’s solution is to bypass the law, to bypass representation, and perhaps even language itself. The prescriptive “letter” of the Jewish law must be sublated by the law of the spirit, such that “we serve not under the old written code but in the new life of the Spirit” [Romans 7: 6]. Christ, as the living embodiment of the law of God, upholds the spirit of the law by “fulfilling”––and so rendering obsolete–its written form.The doctrine of Christ as the “living law” sustains what Legendre describes as a “banalisation of writing” [“Masters of Law” 111], a disregard for its material inscription that holds the letter to be nothing more than a placeholder, a flawed or incomplete representation of a meaning or truth that is itself beyond words. At the same time, it makes possible the legal and political fantasy of a living writing, located in a single body understood as the site of interpretive authority. The extraction of a meaning or truth from the intractable letter becomes the ultimate aim of the legal order and the most lofty task of its sovereign interpreter, uniquely charged with animating the dead letter. This notion permeates what Peter Goodrich describes as “the most standard protocols of legal reading,” according to [End Page 34] which “it is not the letter but the spirit that determines the meaning of the law”:The text is composed of dead letters (litera mortua); the rule is no more than a “mute judge,” a sleeping form, requiring the interposition, anima legis, of jurist or judge.... [T]he meaning of the law is internal to its living body, viva vox iuris or lex loquens, its image, interpreter, or legislator. In classical terms it is spelled out by reference to something beyond words: “to know the law is not to know the words of the law, but its force and power.” In a renaissance formulation we are similarly told that “no words, forms, niceties, or propriety of language is of any regard in the Civil Law, in comparison to truth, faithfulness and integrity. For verba menti, non verbis servire debet; words, are made as instruments to serve and express the mind, and not to command it.”[229–30]1... (shrink)