Review of Wolfgang Metzger, Laws of Seeing, trans. Lothar Spillman, Steven Lehar, Mimsey Stromeyer, and Michael Wertheimer. MIT Press, 2006; paperback, 2009. Pp. xxv+203. £18.95 PB. Original German edition published in 1936.

In lieu of an abstract, here is a brief excerpt of the content:Don Quijote and the Law of LiteratureCarl Good (bio)The part is one of these beings, the whole minus this part the other. But the whole minus a part is not the whole and as long as this relationship persists, there is no whole, only two unequal parts.—Rousseau, Social Contract, cited by Paul de Man in Allegories of ReadingBut it is not just that, because it is also a (...) performative.... There is first a performative, the act of positing..., which then moves to a system of tropes; a kind of anamorphosis of tropes takes place, in which all the tropological systems are engendered, as a result of this original act of positing.... It is circulation which is out of hand,... the sheer circulation or play of the signifier, and which is, as you know, the root of error, madness, stupidity and all other evil.—Paul de Man, “The Concept of Irony”Amid a confusion of narrative inversions, misleading appearances, and unresolvable disputes, at least two things are consistent in Don Quijote de la Mancha: first, the knight’s singular fidelity to what I will refer to as a law of literature, which persists like a phantasm of continuity throughout the larger narrative; and, second, the many interruptions of this narrative by the stories, or episodes, recounted by the characters who cross don Quijote’s path (including the knight himself), in the form of speeches, testimonies, plays, jokes, poems, and so on. In at least one strict sense, these other stories have nothing to do with that path other than their interruptions of it and by it. Such a claim has its own strategic value and does not entirely contradict the reasonings of a long history of critics of the Quijote who have tended to argue from a variety of different standpoints for some kind of ideological cohesion that would bind the smaller episodes to the larger story that they interpolate. But at a certain ground zero of interpretation—albeit a paradoxical ground that prohibits a scholarly shelter to be built on it—no argument would be sufficient to establish such a coherence among the work’s separate narrative parts, since such an argument would live in the brief, oneiric intensity of the critic’s testimony and that testimony’s potential effects rather than in the composition of the work itself somewhere beyond its apprehension by reading. Nonetheless, out of the dismembered ensemble of the Quijote what does perhaps effect its own strange kind of life is the very play of ironic interruptions and frictions between the dismembered parts, the profusion of which seems to impose itself as the work’s own aggressive insistence on itself as something which makes sense possible by constantly provoking and unsettling sense. That is where we could begin to speak of don Quijote himself, not only as the phantasmatic agent of this unsettling but also as the mad promise of justice that could be said to motivate it.The play of interruptions in don Quijote’s own story begins to outline the shifting contours and living contradictions of this novel as a “text” in the sense in which Derrida [End Page 44] and others have used the term: that which “names or relates in its way... [a] conflict without encounter between law and singularity” [“Before the Law” 187]. Although the story of this “encounter” has been often recounted, it bears another citation here, at least because it seems to be forgotten more often than it is told. Even when it is told, the story is often muted in homage to the name of Derrida by writers who tacitly assume that Derrida’s is the only possible version of this “conflict without encounter.” That version would be better described as merely one particular ethical shaping or forcing—a powerful one—of a story that has been told, and remains untold, in uncountable ways. Nonetheless, such a democratic assessment of Derrida does not quite justify a dismissal of his version as merely one among others, since, for one thing, it would be unable to account for the astonishing hold that different versions of Derridean “deconstruction” continue to have on the imagination of North American... (shrink)

... the topic of 'meaning' is the one topic discussed in philosophy in which there is literally nothing but 'theory' - literally nothing that can be labelled or even ridiculed as the 'common sense view'. Putnam, 'The Meaning of Meaning' This book explores some truths behind the truism that experimentation is a hallmark of scientific activity. Scientists' descriptions of nature result from two sorts of encounter: they interact with each other and with nature. Philosophy of science has, by and large, (...) failed to give an account of either sort of interaction. Philosophers typically imagine that scientists observe, theorize and experiment in order to produce general knowledge of natural laws, knowledge which can be applied to generate new theories and technologies. This view bifurcates the scientist's world into an empirical world of pre-articulate experience and know how and another world of talk, thought and argument. Most received philosophies of science focus so exclusively on the literary world of representations that they cannot begin to address the philosophical problems arising from the interaction of these worlds: empirical access as a source of knowledge, meaning and reference, and of course, realism. This has placed the epistemological burden entirely on the predictive role of experiment because, it is argued, testing predictions is all that could show that scientists' theorizing is constrained by nature. Here a purely literary approach contributes to its own demise. The epistemological significance of experiment turns out to be a theoretical matter: cruciality depends on argument, not experiment. (shrink)

This paper develops a challenge to theism. The challenge is to explain why the hypothesis that there exists an omnipotent, omniscient and all-good god should be considered significantly more reasonable than the hypothesis that there exists an omnipotent, omniscient and all-evil god. Theists typically dismiss the evil-god hypothesis out of hand because of the problem of good–there is surely too much good in the world for it to be the creation of such a being. But then why (...) doesn't the problem of evil provide equally good grounds for dismissing belief in a good god? I develop this evil-god challenge in detail, anticipate several replies, and correct errors made in earlier discussions of the problem of good. (shrink)

The vast majority of Biblical historians believe there is evidence sufficient to place Jesus’ existence beyond reasonable doubt. Many believe the New Testamentdocuments alone suffice firmly to establish Jesus as an actual, historical figure. I question these views. In particular, I argue (i) that the three most popular criteria by which various non-miraculous New Testament claims made about Jesus are supposedly corroborated are not sufficient, either singly or jointly, to place his existence beyond reasonable doubt, and (ii) that a prima (...) facie plausible principle concerning how evidence should be assessed—a principle I call the contamination principle—entails that, given the large proportion of uncorroborated miracle claims made about Jesus in the New Testament documents, we should, in the absence of good independent evidence for an historical Jesus, remain sceptical about his existence. (shrink)

What's the best way to raise good citizens – individuals who will do the right thing even in the most challenging of circumstances? I argue that philosophy has an important role to play.

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)

: Faraday is often described as an experimentalist, but his work is a dialectical interplay of concrete objects, visual images, abstract, theoretically-informed visual models and metaphysical precepts. From phenomena described in terms of patterns formed by lines of force he created a general explanation of space-filling systems of force which obey both empirical laws and principles of conservation and economy. I argue that Faraday's articulation of situated experience via visual models into a theory capable of verbal expression owed much to (...) his strategy of moving—via conjectural visual models—between the phenomenology of particulars (often displayed as patterns) and the general features of dynamical phenomena which he depicted as structures. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

This article considers the changing perceptions, expressions and representations of violence in South Africa post-1994, with particular reference to photography. Following the evolution of the documentary tradition in its relationship to the political history of South Africa, I will suggest that since the release of Nelson Mandela and the first democratic elections in South Africa, photography has taken a new turn, particularly with regard to its representation of violence, which had been its primary iconography up to that watershed moment. I (...) will follow three arguments in my explication of the ways in which violence has both altered South African society and assumed a different place in the collective mind of South Africans living in a country that is politically free but grappling with an ever-rising wave of violent crime. (shrink)

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)

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.

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)

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)

Currently, the dominant enforcement paradigm is based on the idea that states deal with 'bad people' - or those pursuing their own self-interests - with laws that exact a price for misbehavior through sanctions and punishment. At the same time, by contrast, behavioral ethics posits that 'good people' are guided by cognitive processes and biases that enable them to bend the laws within the confines of their conscience. In this illuminating book, Yuval Feldman analyzes these paradigms and provides a (...) broad theoretical and empirical comparison of traditional and non-traditional enforcement mechanisms to advance our understanding of how states can better deal with misdeeds committed by normative citizens blinded by cognitive biases regarding their own ethicality. By bridging the gap between new findings of behavioral ethics and traditional methods used to modify behavior, Feldman proposes a 'law of good people' that should be read by scholars and policymakers around the world. (shrink)

The ArgumentIn this we explore some of the ways in which a state scientific laboratory (Daresbury SERC) reacted to the rtetoric and forces of the marketpace in the 1980s. We describe laboratory attempts to create what we call “good customers” while converting itself into a “good seller” by developing a particulat set of costing practicting that were closely related to the implementation of a management accounting system. Finally, we consider how Daresbury response to “market forces” influenced scintific and (...) organzational practice, and arsponse that the social technologies of governmentality performed by accountancy — but also by scientific and bureaucratic practice are complex, discursively heterogeneou, and used in context-sensitive ways. This means, or so we suggest, that it is difficult to mount general argunents about “science” and “the market,” and that the use of such large-scale institions impedes impedes analysis. (shrink)

I remain entirely unconvinced that anyone who claims to “just know” that the dead walk among us, or that God exists, knows any such thing. Not only do I think the rest of us have good grounds for doubting their experience, I don’t believe it’s reasonable for them to take their own experience at face value either.

I remain entirely unconvinced that anyone who claims to “just know” that the dead walk among us, or that God exists, knows any such thing. Not only do I think the rest of us have good grounds for doubting their experience, I don’t believe it’s reasonable for them to take their own experience at face value either.

This volume presents cutting edge research by many of the leading researchers in the field of religious epistemology, a field that has seen major development in recent years. This book attempts to answer the questions of: how reasonable is belief in God? Can a good evidential case be made either for the existence of God, or against the existence of God? Does the existence of enormous suffering, or religious disagreement, provide significant evidence against the existence of God? How might (...) we best come to know God? What's required for religious belief to qualify as rational? All of the papers included in this volume aim to be accessible to the interested layperson. (shrink)

In his PhD proposal, now published as Seeing Sociological, Garfinkel [2006] formulated action in terms of a mutually constitutive structure—the Noesis-Noema Structures. This structure can be traced to Aaron Gurwitsch’s gestalt psychology and Law of Good Gestalt which theorises how participants prioritise functional Gestalts over other possible meanings of what is perceivable in their surroundings. While Gurwitsch illustrated his theory using images, in this paper we revisit Gurwitsch’s theory in light of the advances in recording real-time interaction (...) to consider Gestalt in spatio-temporality of real-time interaction. We consider the Law of Good Gestalt in terms of the dimensions of time and space, and postulate two analytical principles—the Principle of Good Momentary Gestalt and the Principle of Good Temporal Gestalt—for analysing a multi-angle video segment of a monologue taken from a training event. The analysis examines how the monologue was embedded in a multi-layer projection structure, so that during the time of the monologue, the trainer and trainees can be seen as achieving a transition between one activity to another while sustaining the frame of the training event. Through this, the analysis highlights the multi-layered structure of participants’ field of perception that constitutes their experience of the social activity, and explores a “method” to reconstruct such a structured field of perception through re-coupling meanings to the assemblages of multimodal resources recoverable on video. (shrink)

Although symmetry has been discussed in terms of a major law of perceptual organization since the early conceptual efforts of the Gestalt school (Wertheimer, Metzger, Koffka and others), the first quantitative measurements testing for effects of symmetry on processes of Gestalt formation have seen the day only recently. In this study, a psychophysical rating study and a “foreground”-“background” choice response time experiment were run with human observers to test for effects of bilateral symmetry on the perceived strength of (...) figure-ground in triangular Kanizsa configurations. Displays with and without bilateral symmetry, identical physically-specified-to-total contour ratio, and constant local contrast intensity within and across conditions, but variable local contrast polarity and variable orientation in the plane, were presented in a random order to human observers. Configurations with bilateral symmetry produced significantly stronger figure-ground percepts reflected by greater subjective magnitudes and consistently higher percentages of “foreground” judgments accompanied by significantly shorter response times. These effects of symmetry depend neither on the orientation of the axis of symmetry, nor on the contrast polarity of the physical inducers. It is concluded that bilateral symmetry, irrespective of orientation, significantly contributes to the, largely sign-invariant, visual mechanisms of figure-ground segregation that determine the salience of figure-ground in perceptually ambiguous configurations. (shrink)

I show how the two great Humean ways of understanding laws of nature, projectivism and systems theory, have unwittingly reprised developments in metaethics over the past century. This demonstration helps us explain and understand trends in both literatures. It also allows work on laws to “leap- frog” over the birth of many new positions, the nomic counterparts of new theories in metaethics. However, like leap-frogging from agriculture to the internet age, it’s hardly clear that we’ve landed in a good (...) place. My reactionary advice is to return to Hume and work on the central insights that motivated Humeanism about modality in the first place. When updated with contemporary insights, there we will find an attractive naturalistic theory of laws, or so I’ll argue, and along the way we’ll see how projectivism and systems theory both get something right about this overall theory. (shrink)

This essay portrays the “law of the good neighbor” as the principle of the Warburg Library's collections — as the argument for their expansion and coherence, as well as the principle governing the scholarly practice inspired by the Warburg Institute and “Warburg school” of cultural analysis. The essay includes a tribute to Anne Marie Meyer (1919 – 2004), Warburg scholar and long-time affiliate of the Institute, with special emphasis on the question that she uniquely raised: “Exactly what was the (...) relation between [Aby] Warburg's research on paganism in the Renaissance and his meditations and fears about Judaism (and Jews)?”. (shrink)

The laws of nature have come a long way since the time of Newton: quantum mechanics and relativity have given us good reasons to take seriously the possibility of laws which may be non-local, atemporal, ‘all-at-once,’ retrocausal, or in some other way not well-suited to the standard dynamical time evolution paradigm. Laws of this kind can be accommodated within a Humean approach to lawhood, but many extant non-Humean approaches face significant challenges when we try to apply them to laws (...) outside the time evolution picture. Thus for proponents of non-Humean approaches to lawhood there is a clear need for a novel non-Humean account which is capable of accommodating these sorts of laws. In this paper we propose such an account, characterizing lawhood in terms of constraints, which are understood as a form of modal structure. We demonstrate that our proposed realist account can indeed accommodate a large variety of laws outside the time evolution paradigm, and describe some possible applications to important philosophical problems. (shrink)

I will argue here that Einaudi's thought reveals an awareness that the question of freedom has to do with two inter-related problems: the relation of individuals or communities with their respective limits and the question of going beyond these limits. Limits are to be understood here in the meaning of the foundation or conditions of possibility both of institutions (economic, political and juridical) and of thought and human action.

The present study tests a gestalt explanation for the gambler's fallacy which posits that runs in random events will be expected to reverse only when the run is open or ongoing. This is contrasted with the law of small numbers explanation suggesting that people expect random outcomes to balance out generally. Sixty-one university students placed hypothetical guesses and bets on a series of coin tosses. Either heads or tails were dominant . In a closed run condition the run ended (...) prior to the critical trial , and in an open run condition the run remained open . As hypothesised, participants showed the gambler's fallacy in the open run condition, but not in the closed run condition. This difference is not due to differential memory for the outcomes. Men, and people with more previous experience gambling, were also found to be more prone to the gambler's fallacy. It is argued that the gestalt explanation best explains the results. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...) for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the (...) actor's conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The first English translation of a classic work in vision science from 1936 by a leading figure in the Gestalt movement, covering topics that continue to be major issues in vision research today. This classic work in vision science, written by a leading figure in Germany's Gestalt movement in psychology and first published in 1936, addresses topics that remain of major interest to vision researchers today. Wolfgang Metzger's main argument, drawn from Gestalt theory, is that the objects (...) we perceive in visual experience are not the objects themselves but perceptual effigies of those objects constructed by our brain according to natural rules. Gestalt concepts are currently being increasingly integrated into mainstream neuroscience by researchers proposing network processing beyond the classical receptive field. Metzger's discussion of such topics as ambiguous figures, hidden forms, camouflage, shadows and depth, and three-dimensional representations in paintings will interest anyone working in the field of vision and perception, including psychologists, biologists, neurophysiologists, and researchers in computational vision—and artists, designers, and philosophers. Each chapter is accompanied by compelling visual demonstrations of the phenomena described; the book includes 194 illustrations, drawn from visual science, art, and everyday experience, that invite readers to verify Metzger's observations for themselves. Today's researchers may find themselves pondering the intriguing question of what effect Metzger's theories might have had on vision research if Laws of Seeing and its treasure trove of perceptual observations had been available to the English-speaking world at the time of its writing. (shrink)

This article explores whether artificial intelligence (AI) can engage in the practice of law as an art of good and justice. It examines the historical and philosophical foundations of law as the art of promoting societal harmony and resolving moral dilemmas. The research employs critical and philosophical analysis methods integrating insights from legal scholars, ethicists, technologists, and policymakers. The study identifies AI’s potential to streamline legal processes, enhance access to justice, and reduce bias in decision-making. However, it also highlights (...) ethical challenges such as transparency, accountability, and the impact on the legal workforce. The article emphasises the importance of striking a balance between technological innovation and human values, advocating for proactive regulation and interdisciplinary cooperation to ensure the ethical development and implementation of AI in law. The results of the study highlight the transformative potential of AI in revolutionising legal practice, emphasising its capacity to streamline processes, improve access to justice, and mitigate bias. However, ethical considerations such as transparency, accountability, and the preservation of human judgment are crucial to ensuring that AI integration in law upholds fundamental principles of justice and fairness. (shrink)

The work of the French Lithuanian Jewish philosopher, Emmanuel Levinas, describes a perceptive rethinking of the possibility of concrete acts of goodness in the world, a rethinking never more necessary than now, in the wake of the cruel realities of the twentieth century—ten million dead in the First World War, forty million dead in the Second World War, Hiroshima, Nagasaki, the Soviet gulags, the grand slaughter of Mao’s “Great Leap Forward,” the pointless and gory Vietnam War, the Cambodian self-genocide and (...) many an attempted extermination from the face of the earth of entire nations of indigenous peoples. The list of horrors goes on and on—daily holocausts that do not distinguish between the civilian and the soldier, the guilty and the innocent, those deserving of life and those less deserving. (shrink)

The Natural Moral Law argues that the good can be known and that therefore the moral law, which serves as a basis for human choice, can be understood. Proceeding historically through ancient, modern and postmodern thinkers, Owen Anderson studies beliefs about the good and how it is known, and how such beliefs shape claims about the moral law. The focal challenge is whether the skepticism of postmodern thinkers can be answered in a way that preserves knowledge claims about (...) the good. Considering the failures of modern thinkers to correctly articulate reason and the good and how postmodern thinkers are responding to these failures, Anderson argues that there are identifiable patterns of thinking about what is good, some of which lead to false dichotomies. The book concludes with a consideration of how a moral law might look if the good is correctly identified. (shrink)

Although Hobbes talks about the laws of nature as prescribing the virtues, it is easier to think of them as proscribing the vices. The nine vices that are proscribed by the laws of nature are injustice, ingratitude, greed or inhumanity, vindictiveness , cruelty, incivility or contumely, pride, arrogance, and unfairness . The corresponding virtues that are prescribed by the laws of nature are justice, gratitude, humanity or complaisance, mercy, , civility, humility, , modesty, and equity. The difficulty of coming up (...) with names for some of the virtues, and even for some of the vices, shows that they are not all among the most common moral virtues and vices. Nonetheless, as described by Hobbes, they are genuine moral virtues and vices, traits of character such that all impartial rational persons would favor everyone having the virtues and no one having the vices. All of these virtues are such that they benefit everyone impartially by promoting peace, and are not primarily of benefit to the person having them. This is what makes them moral virtues and distinguishes them from the personal virtues of courage, prudence, and temperance. The laws of nature are the dictates "of right reason, conversant about those things which are either to be done or omitted for the constant preservation of life and members, as much as in us lies." But the law of nature "dictating peace, for a means of the conservation of men in multitudes;" is also the moral law because "in the means to peace, [it] commands also good manners, or the practice of virtue; and therefore it is called moral." Hobbes correctly sees both that peace benefits all persons impartially and that impartiality is essential to morality. His account of the moral virtues correctly makes them traits of character that would be favored by all impartial persons. His argument for the rationality of these moral virtues is that one's self-interest, which for Hobbes is primarily one's long-term preservation, is enhanced by having these virtues. There is no incompatibility between morality and self-interest as long as what is in one's own self-interest is equally in the interest of everyone else. Hobbes sees this point quite clearly and it is at the heart of his justification of the moral virtues. (shrink)

In this paper, I briefly present the regularity and necessity views and assess their difficulties. I construe scientific laws as universal propositions satisfied by empirically successful scientific models and made — approximately — true by the real systems represented, albeit partially, by these models. I also conceive a scientific theory as a set of models together with a set of propositions, some of which are laws. A scientific law is a universal proposition or statement that belongs to a scientific theory. (...) Scientific laws also are laws of nature since we can provide arguments in favour of natural causal powers that ground the truth of laws. I argue that the truth of counterfactual conditional statements and the occurrence of regularities in nature provide good reasons to believe that real causal powers exist in nature and that the truth of scientific laws is based on a metaphysics of nature. (shrink)

This article serves as an introduction to the laws-of-biology debate. After introducing the main issues in an introductory section, arguments for and against laws of biology are canvassed in Section 2. In Section 3, the debate is placed in wider epistemological context by engaging a group of scholars who have shifted the focus away from the question of whether there are laws of biology and toward offering good accounts of explanation(s) in the biological sciences. Section 4 introduces two relatively (...) new pieces of science – metabolic scaling theory and ecological stoichiometry – that have not been topics of much discussion by philosophers but are relevant because they have at least some of the hallmarks of laws of nature. Section 5 concludes by pointing out that discovering laws of biology, if any there be, will not necessarily answer the questions raised by the debate in the first place: we will still want to know how biology compares to other sciences, how to characterize its systems and processes, and whether accounts in terms of laws always or usually constitute adequate explanations in various sciences. (shrink)

Cosmopolitans argue that the account of human rights and distributive justice in John Rawls's The Law of Peoples is incompatible with his argument for liberal justice. Rawls should extend his account of liberal basic liberties and the guarantees of distributive justice to apply to the world at large. This essay defends Rawls's grounding of political justice in social cooperation. The Law of Peoples is drawn up to provide principles of foreign policy for liberal peoples. Human rights are among the necessary (...) conditions for social cooperation, and so long as a decent people respect human rights, a common good, and the Law of Peoples, it is not the role of liberal peoples to impose upon well-ordered decent peoples liberal liberties they cannot endorse. Moreover, the difference principle is not an allocative or alleviatory principle, but applies to design property and other basic social institutions necessary to economic production, exchange and consumption. It presupposes political cooperation—a legislative body to actively apply it, and a legal system to apply it to. There is no feasible global state or global legal system that could serve these roles. Finally, the difference principle embodies a conception of democratic reciprocity that is only appropriate to cooperation among free and equal citizens who are socially productive and politically autonomous. a Footnotesa I am grateful to K. C. Tan for many helpful discussions and criticisms of this essay. I am also grateful to the other contributors to this volume for their comments, and to Ellen Paul for her many helpful suggestions in preparing the final version of this essay. (shrink)

Why is it that the laws of war, or international humanitarian law (IHL), allow no justification for breaking the law even if where such conduct would actually produce less humanitarian harm than following the law? In introducing the concept of a humanitarian necessity justification, and complementing existing work on humanitarian exceptions to the jus ad bellum, this paper suggests that it should. It first addresses the puzzle of IHL's existing absolutist stance with regard to compliance with IHL norms; to demonstrate (...) the implications of this absolutist stance, I use three historical case studies in which actors broke the law under a claim of necessity, or a mixed concern for self and others: The Early Warning Procedure employed by the IDF in the West Bank, the paradigmatic case of interrogational torture, and the atomic bombings of Hiroshima and Nagasaki. I then examine whether the domestic necessity defense in criminal law might be transposed onto the international level, ultimately finding that such transposition is impossible given the different assumptions that operate in domestic criminal law and IHL. In further searching for an account for IHL's absolutist stance and the possibility of mitigating that stance, the paper turns to first-order accounts - deontological, consequential, and institutional. I argue that none of these accounts offers a sufficiently convincing explanation for the exclusion of a humanitarian necessity paradigm, and instead, that room should be made for some humanitarian-driven exceptions. Ultimately, the paper offers a blueprint for a definition for a humanitarian necessity justification that would exculpate an actor who violated the laws of war in the name of a greater humanitarian good. The central component of the definition is a requirement that the greater humanitarian good would be for the benefit of the enemy, rather than for oneself. Under such paradigm, the Early Warning Procedure and perhaps even the atomic bombing of Hiroshima (but not Nagasaki) might be justified, while the paradigmatic case of interrogational torture could not. (shrink)

We consider random choice rules that, by satisfying a weak form of Luce’s choice axiom, embody a form probabilistic rationality. We show that for this important class of stochastic choices, the law of demand for normal goods—arguably the main result of traditional consumer theory—continues to hold on average when strictly dominated alternatives are dismissed.