G. W. F. Hegel developed a new understanding of natural law that departs from both traditional and more contemporary accounts. Natural lawyers defend standards that are external to the law in order to survey the merits of law. Call these accounts theories of natural law externalism. Hegel offers a very different account where we survey the merits of law through a standard that is internal to law. This essay will explain Hegel’s natural law internalism and whether (...) it marks an advance on existing natural law accounts. I will argue that Hegel offers us a novel understanding of natural law that is compelling, but ultimately unstable and problematic. -/- This chapter contains sections titled: Introduction Classical Natural Law Modern Natural Law Hegel's Natural Law Internalism Natural Law Internalism or Externalism? Conclusion Notes References. (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)

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. (...) This paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

Scientific perspectivism, or perspectival realism, is a view according to which scientific knowledge is neither utterly objective nor independent of the world “as it is”, but always tied to some particular ways of conceptualization and interaction with Nature. In the present paper, I employ Robert Rosen’s concept of the modeling relation for arguing that there are two basic reasons why our knowledge of natural systems is perspectival in this sense. The first of these pertains to the dualism between a (...) system and its environment, which is necessarily imposed by a scientist focusing on the former. The second pertains to the complexity of complex systems; a complex system understood as a system in which different kinds of causal entailments intertwine together. As I discuss in the paper besides developing the argument, perspectivism thus understood ties together several issues ranging from organicism to emergentism and to processual philosophy, and from the ceteris paribus talk of biology to the measurement problem of quantum mechanics. I also discuss Rosen’s relational formalisms as a concrete example of how perspectival epistemology might directly suggest novel strategies and practices of doing theoretical science. (shrink)

We have lived under the hegemony of the reductionistic scientific worldview since Galileo, Newton, and Laplace. In this view, the universe is meaningless, as Stephen Weinberg famously said, and organisms and a court of law are "nothing but" particles in morion. This scientific view is inadequate. Physicists are beginning to abandon reductionism in favor of emergence. Emergence, both epistemological and ontological, embraces the emergence of life and of agency. With agency comes meaning, value, and doing, beyond mere happenings. More organisms (...) are conscious. None of this violates any laws of physics, but it cannot be reduced to physics. Emergence is real, and the tiger chasing the gazelle are real parts of the real universe. We live, therefore, in an emergent universe. This emergence often is entirely unpredictable beforehand, from the evolution of novel functionalities in organisms to the evolution of the economy and human history. We are surrounded on all sides by a creativity that cannot even be prestated. Thus we have the first glimmerings of a new scientific worldview, beyond reductionism. In our universe emergence is real, and there is ceaseless, stunning creativity that has given rise to our biosphere, our humanity, and our history. We are partial co-creators of this emergent creativity. It is our choice whether we use the God word. I believe it is wise to do so. God can be our shared name for the true creativity in the natural universe. Such a view invites a new sense of the sacred, as those aspects of the creativity in the universe that we deem worthy of holding sacred. We are not logically forced to this view. Yet a global civilization, hopefully persistently diverse and creative, is emerging. I believe we need a shared view of God, a fully natural God, to orient our lives. We need a shared view of the sacred that is open to slow evolution, because rigidity in our view of the sacred violates how our most precious values evolve and invites ethical hegemony. We need a shared global ethic beyond our materialism. I believe a sense of God as the natural, awesome creativity in the universe can help us construct the sacred and a global ethic to help shape the global civilization toward what we choose with the best of our limited wisdom. (shrink)

This article enquires into the relation between enlightened humanist conceptions of natural law and the period novel's fictionalization of the English gentleman in the context of its marriage plot. Marriage played a key role in enlightened theorisations of natural law precisely as an institution capable of grounding familial and civil life in an emerging concept of human nature. Yet public debate about the state's role in the regulation of marriage in mid-eighteenth-century England demonstrates that natural law (...) lent itself to very different models of sovereignty and governance. The antinomies that characterized natural law's circulation in the English context are uniquely fictionalized in Samuel Richardson's last novel, Sir Charles Grandison (1753?54), a lengthy parallel narrative of failed courtship and matrimonial felicity that draws upon Pufendorf's model of natural law, yet is only partly implicated in its secular humanism. The novel's eponymous gentleman hero ? a ?Man of Religion and Virtue? ? exemplifies a mix of Anglican piety, civic virtue and disinterested sympathy that is sanctioned by natural law and sealed by the English marriage plot. (shrink)

What is a law of nature? Traditionally, philosophical discussion of this question has been dominated by two prominent alternatives; David Lewis’s best-systems analysis, according to which a law is a regularity that serves as a theorem in our best axiomatization of the facts about the world, and the Dretske-Armstrong-Tooley analysis, which incorporates universals to distinguish laws from mere accidental generalizations. Marc Lange’s first book presents a provocative alternative to this tradition, providing a novel treatment of natural laws that (...) should be of interest to those philosophers concerned with the analysis of lawhood, physical necessity, causation, inductive confirmation, counterfactual analysis, and explanation. (shrink)

Graphic justice and the law of aesthetics have in very recent years successfully brought law, aesthetics and comics scholarship into the same space. The culture of copyright infringement within comics (including in the Marvel, DC, and Disney universes) has been extensively in the literature by scholars including Saval. How copyright law is portrayed within the graphic novels and comics themselves is the focus (and contribution of) this article. This article will explore several comics and graphic novels, as well as included (...) this author’s reflections of portraying copyright visually within zines for public dissemination. Throughout this article, the discourses of ghosts and spectres that are interwoven with copyright law and haunt the texts will be seen, as will the discourses of oppression and warfare that are involved for anyone seeking to make use of copyright works. As Gómez Romero and Dahlman note, comics offer “an alternative legal discourse” and we can see these alternative legal discourses through their aesthetic graphic form. This article will consider: the aesthetic portrayal of copyright law in A Gift for a Ghost and Josie and the Pussycats No. 6; as well as Bound by Law, Theft! A History of Music, and Pictures within Pictures. These comics and graphic novels have been chosen as they aesthetically portray copyright law and copyright infringement (referred to in some of the comics as “plagiarism”), and others aesthetically portray the public domain and fair use. In viewing these aesthetic manifestation of copyright law, the reader understands the limiting nature of copyright on creative freedoms, and that copyright law’s power is absolute. This article will explore the following: (i) copyright’s aesthetic portrayals and the impact of this; (ii) comics haunted by copyright law, considering A Gift for A Ghost and Josie and the Pussycats; (iii) comics about the necessity of the public domain and fair use, considering Bound by Law, Theft! A History of Music, and Pictures within Pictures; and (iv) self-reflections on portraying copyright aesthetically in publicly disseminated research zines. This article has not set out to determine that certain visual aesthetic portrayals are “correct” or “better”, but rather to explore how legal discourses and narratives about copyright law are circulated through the comics medium. These visual depictions hold considerable weight, and it is striking to see similar narratives used across a range of comics works, with different intended audiences. What is clear is that the visual depiction of copyright law enables a greater ability to convey the multiple copyright law discourses that can be felt at once, and also to highlight that some of these discourses are contradictory to one another. (shrink)

In Laws and Lawmakers: Science, Metaphysics, and the Laws of Nature, Marc Lange has presented an engagingly written, tightly argued, and novel philosophical account of the laws of nature. One of the intuitions behind the notion of a law of nature is, roughly, that of the many regularities we observe in the world there are some which appear to be due to mere happen-stance (“accidental” regularities, in the philosopher’s jargon), while others, which we call “laws,” seem to be possessed (...) of a degree of necessity. For example, if the only music ever to come out of my stereo system during the entirety of its existence were that of James Brown, we would term this an accidental regularity: it seems that it could have been otherwise had the world been different, perhaps by the stereo having a different owner or my having different tastes. On the other hand, the various relations and properties that determine the electrical functioning of my stereo seem more necessary and lawlike: presumably Ohm’s law would have held even had my stereo never been built.1 But even if Ohm’s law is somehow necessary, it seems less necessary than other “broadly logical” truths. Certainly Ohm’s law could have been different, perhaps by a factor of two, yet it seems unreasonable to say that the number 6 could have been prime. Although many philosophers, and certainly most scientists, will readily agree that there is a difference between logical, law-like, and accidental regularities, spelling out the nature of this difference has proved a remarkably difficult task. It is precisely this puzzle which Lange intends Laws and Lawmakers to address. In this review I shall first give a quick and broad outline of Lange’s account of natural laws as I understand it, followed by a brief summary of the contents of the book, and then close with a few critical comments. (shrink)

The goal of this paper is to sketch an empiricist metaphysics of laws of nature. The key idea is that there are regularities without regularity-enforcers. Differently put, there are natural laws without law-makers _of a distinct metaphysical kind_. This sketch will rely on the concept of a natural pattern and more significantly on the existence of a network of natural patterns in nature. The relation between a regularity and a pattern will be analysed in terms of mereology. (...) Here is the road map. In section 2, I will briefly discuss the relation between empiricism and metaphysics, aiming to show that an empiricist metaphysics is possible. In section 3, I will offer arguments against stronger metaphysical views of laws. Then, in section 4 I will motivate nomic objectivism. In section 5, I will address the question ‘what is a regularity?’ and will develop a novel answer to it, based on the notion of a natural pattern. In section 6, I will raise the question: ‘what is a law of nature?’, the answer to which will be: a law of nature is a regularity that is characterised by the unity of a _natural_ pattern. (shrink)

:This paper traces the early reflections of the pre-Critical Kant on laws of nature back to Newton’s governing conception of laws. Three problems with the Newtonian conception are identified. I argue that in the attempt to provide a solution to them, in 1763 Kant came to forge a novel governing conception of laws. Key to Kant’s novel view are the notions of ground and its determinations. The role of these two notions in delivering the nomological necessity, explanatory power, (...) and unity of the laws of nature is discussed and analysed. (shrink)

_ Source: _Volume 38, Issue 1, pp 211 - 228 In this Reply, I argue that _pace_ Knud Haakonssen it is dubious that Adam Smith managed to ‘blow up’ Hugo Grotius’s universalist system of natural jurisprudence. Rather, Smith emerges as a closet rationalist who put forward crypto-normative universalist claims himself and found that he could not in the end improve upon Grotius’s system. Grotius was not seen by Smith as a ‘casuist’ _tout court_. I try to give an explanation (...) for the tensions introduced into Smith’s work by his incorporation of key aspects of Grotius’s theory of justice. Furthermore, I try to clarify in what regard Grotius should be seen as a novel and original thinker. Lastly, I argue in favor of according ideas and arguments their own weight, against a facile contextualism that is always in danger of falling prey to the genealogical fallacy. (shrink)

This timely book tells the story of the smart technologies that reconstruct our world, by provoking their most salient functionality: the prediction and preemption of our day-to-day activities, preferences, health and credit risks, criminal intent and spending capacity. Mireille Hildebrandt claims that we are in transit between an information society and a data-driven society, which has far reaching consequences for the world we depend on. She highlights how the pervasive employment of machine-learning technologies that inform so-called ‘data-driven agency’ threaten privacy, (...) identity, autonomy, non-discrimination, due process and the presumption of innocence. The author argues how smart technologies undermine, reconfigure and overrule the ends of the law in a constitutional democracy, jeopardizing law as an instrument of justice, legal certainty and the public good. Finally, the book calls on lawyers, computer scientists and civil society not to reject smart technologies, explaining how further engaging these technologies may help to reinvent the effective protection of the rule of law. (shrink)

A novel analysis of Ceteris Paribus (CP) law statements is constructed. It explains how such statements can have determinate, testable content by relating their semantics to the semantics of natural kind terms. Objections are discussed, and the analysis is compared with others. Many philosophers think of the CP clause as a ‘no interference’ clause. However, many non-strict scientific generalizations are clearly not subsumed under this construal. While this analysis accounts interference cases as violating the CP clause, it is (...) applicable to a broader class of non-strict scientific generalizations than its ‘no interference’ rivals. (shrink)

The problem area of distributive justice includes at its core questions about what ought to be owned, how it can be owned and who ought to own it. A fundamental assumption behind recent attempts to address these questions is that the power to shape the property institutions of a society lies entirely in that society's laws. This view, I argue, is mistaken. In this dissertation I provide an account of how property institutions are related to other social practices in a (...) society. A consequence of this account is that property law does not solely determine what property looks like in a society. ;The analysis begins with the observation of Enlightenment-era natural rights theorists that property is, first and foremost, a conventional social norm. I then turn to modern developments in game theory and social psychology to propose a novel account of how conventional social norms guide agents. On this account, a norm guides an agent by influencing their practical reasoning in one of two ways: either rationally, by generating a belief that behavior in those circumstances is required by that norm, or sub-rationally, by structuring the agent's practical reasoning, without the agent being aware of it, in such a way that ensures the formation of intentions to act in a manner required by the norm. This second form of norm guidance, which I call 'passive norm guidance', provides grounds for the claim that property norms can exist and function independently of recognition by the law. I go on to show how the independent existence of property norms can support a robust natural law account of property rights according to which property rights exist independent of recognition by the law. The dissertation ends by show how this account, while radical, is also consistent with the dominant Twentieth Century analytic jurisprudence accounts of property. (shrink)

This paper argues for a novel understanding of the relationship between law and coercion. It firstly refutes Kenneth Himma’s claim that the authorisation of coercive enforcement mechanisms is a conceptually necessary feature of law. It then claims that the best way to understand the law is as coercion-apt. The “coercion-aptness” of law is clarified, in part, by appealing to an essential distinction between law and morality: Whereas it can be reasonable for the law to appeal to coercive means in (...) order to motivate compliance, it seems decidedly unreasonable for morality to do so. (shrink)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on average (...) are doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, (...) they cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality--natural law theory and divine command theory--and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations.

Even though tacit legal norms are deeply important to our past, present, and future, the very idea of unwritten law has been difficult to pin down, and problematic in a range of ways. Existing discussions of the phenomenon fall short of adequacy on one of several fronts: either they have focused on describing the normative features of one kind of unwritten law, or completely conflated the study of unwritten law with natural law, or else offered examinations of unwritten social (...) rules, focussing on (mere) custom, ethics, and/or etiquette. A particular defect is the fact that unwritten law has not been given a treatment by those working in the tradition of analytical jurisprudence. My thesis introduces a novel means of analyzing and explicating the elusive concept of unwritten legal rules, striving thereby to advance the state-of-the-art. In what follows I argue that unwritten laws are informally publicized rules held on the threat of formal sanction by an appropriate political authority. I argue that a law is informally disseminated just in case the appropriate governing theory of law, known to subjects, provides those subjects with a set of instructions about who to defer to concerning the contents of the law, absent dissemination in official venues. I propose that there are at least five potential kinds of unwritten law routinely recognized in legal studies: operations, implicit constitutions, justice norms, fiat rules, and secret laws. Through careful examination of extant theories of law (Aquinas, Hobbes, Foucault, Marx, Austin, Fuller, Hart, and Dworkin), I argue that there are identifiable structural features of the contents of these theories that make them more or less likely to endorse the legal validity of each kind of unwritten law. Throughout the course of the dissertation, I show how we are able to diagnose the ways in which these structural features of our theories of law differentially support the validity of—and shed important, additional light upon—each potential variety of unwritten law. (shrink)

Why was it that Francis Bacon, trained for high political office, devoted himself to proposing a celebrated and sweeping reform of the natural sciences? Julian Martin's investigative study looks at Bacon's family context, his employment in Queen Elizabeth's security service and his radical critique of the relationship between the Common Law and the Monarchy, to find the key to this important question. Deeply conservative and elitist in his political views, Bacon adapted Tudor strategies of State management and bureaucracy, the (...) social anxieties and prejudices of the late-Elizabethan governing elite, and a principal intellectual resource of the English governing classes - the Common Law - into a novel vision and method for the sciences. Bacon's axiom that 'Knowledge is Power' takes on far-reaching implications in Martin's challenging argument that the reform of natural philosophy was a central part of an audacious plan to strengthen the powers of the Crown in the State. (shrink)

This dissertation develops a Kantian philosophical framework for understanding our individual obligations under public law. Because we have a right to do anything that is not wrong, the best interpretation of Immanuel Kant's Universal Principle of Right tracks the two ways--material and formal--in which actions can be wrong. This interpretation yields surprising insights, most notably a novel formulation of Kant's standard for formal wrongdoing. Because the wrong-making property of a formally wrong action does not depend on whether or not (...) the action in question has been prohibited by statute, Kant's legal philosophy is consistent with a natural law theory of public crime. Moreover, because the law can obligate us only by establishing a universal external incentive to obey its commands, statutes that impose only fines on nominal violators do not constrain our lawful options. Instead, if they are otherwise just, such statutes must be regarded as rightful permissive laws, according to which we may incur liabilities through our voluntary choices. (shrink)

Gottfried Achenwall, _Prolegomena to Natural Law_, ed. Pauline Kleingeld, trans. Corinna Vermeulen. Groningen: University of Groningen Press, 2020. Open Access, available via the 'direct download' link below. This is the first English translation of _Prolegomena iuris naturalis_ by Gottfried Achenwall (1719–1772). In this book, Achenwall presents the philosophical foundation for his comprehensive theory of natural law. The book is of interest not only because it provides the basis for a careful, systematic, and well-respected eighteenth-century theory of natural (...) law in the Leibniz-Wolffian tradition, but also because it sheds important light on the work of Immanuel Kant. Achenwall’s work influenced Kant’s legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s _Feyerabend Lectures on Natural Law_ and his _Metaphysics of Morals_. The present volume complements the translation of Achenwall’s handbook, _Natural Law_ (London: Bloomsbury, 2020). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Time of the Magicians: Wittgenstein, Benjamin, Cassirer, Heidegger, and the Decade That Reinvented Philosophy by Wolfram EilenbergerDavid HermanTime of the Magicians: Wittgenstein, Benjamin, Cassirer, Heidegger, and the Decade That Reinvented Philosophy, by Wolfram Eilenberger, trans. Shaun Whiteside; 432 pp. New York: Penguin Press, 2020.Is it possible to write a deeply researched and technically precise contribution to the history of philosophy that reads like a gripping novel? Time (...) of the Magicians, originally published in German in 2018 as Zeit der Zauberer, convincingly demonstrates that this feat can indeed be accomplished. However, it may be achievable only by the rare expert who, like Wolfram Eilenberger, combines a thoroughgoing knowledge of the field, an unstinting commitment to recreating a public forum for philosophy, and a gift for the exposition—and dramatization—of philosophical debates, the broader circumstances in which they took place, and the motivations and aims of those who participated in them.The book, stylishly translated by Shaun Whiteside, begins by plunging us into the middle of things. Eilenberger provides snapshots of what his four focal thinkers were up to in 1929, before backtracking, in subsequent chapters, to cover key events in the decade that brought them to this point. Then, in the epilogue, he briefly sketches their post-1929 lives and careers. The book's readability is further enhanced by the way the text is broken up into short sections with eye-catching titles ("A Hut of One's Own," "Existential Health Check," "Self-Fashioning through Openness").The opening pages center on June 1929, when Ludwig Wittgenstein, having previously renounced his portion of his family's fortune and taught for several years at primary schools in rural Austria, undertook an oral defense of his doctoral thesis at the University of Cambridge at age forty. Wittgenstein's "thesis" just so happened to be Tractatus Logico-Philosophicus, the influential, sometimes gnomic book he had published in 1921; and at the conclusion of the defense, the candidate is rumored to have said to his examiners, Bertrand Russell and G. E. Moore, "Don't worry, I know you'll never understand it."In fact, as Eilenberger discusses in a later chapter, by 1929 Wittgenstein's own thinking was no longer where it had been when he wrote the Tractatus. The [End Page 492] philosopher's primary concern had shifted away from identifying the logical structure of meaningful propositions; instead, he had become interested in how meaning emerges from the way language is used in particular, concrete contexts. Apropos the evolving nature of Wittgenstein's ideas, one of the funniest parts of the book describes the philosopher's meetings with members of the Vienna Circle, a group that, in seeking to reorient philosophy around the natural sciences, had come to see the Tractatus as a touchstone for their work. During his first meeting with the group, in 1927, Wittgenstein, instead of talking shop, recited poems by Indian poet Rabindranath Tagore, standing with his back turned to the audience. Later discussions did involve philosophy, but eventually, as Eilenberger puts it, although the "Vienna Circle had hoped for something that coincided with their ideal of objective research," they "were instead left to grapple with an extremely idiosyncratic style of thinking that, in both execution and results, seemed directly contrary to it" (p. 274).Meanwhile, a few months prior to Wittgenstein's defense of a thesis that no longer reflected his real tendencies of mind, two of Eilenberger's other focal thinkers, Ernst Cassirer and Martin Heidegger, engaged in a much-anticipated public debate at the Grand Hôtel Belvédère in Davos, Switzerland. When he first mentions it, Eilenberger furnishes just enough detail to whet readers' curiosity about this epochal contest between the eminent neo-Kantian Cassirer, whose reputation for encyclopedic erudition had just been sealed by the publication of the final volume of his masterwork, The Philosophy of Symbolic Forms, and the considerably younger Heidegger, a one-time student of Edmund Husserl who had made a radical departure from Husserlian phenomenology in Being and Time.By the time readers return to the debate, some three hundred pages later, Eilenberger has provided a decade's worth of historical context, which casts a... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Time of the Magicians: Wittgenstein, Benjamin, Cassirer, Heidegger, and the Decade That Reinvented Philosophy by Wolfram EilenbergerDavid HermanTime of the Magicians: Wittgenstein, Benjamin, Cassirer, Heidegger, and the Decade That Reinvented Philosophy, by Wolfram Eilenberger, trans. Shaun Whiteside; 432 pp. New York: Penguin Press, 2020.Is it possible to write a deeply researched and technically precise contribution to the history of philosophy that reads like a gripping novel? Time (...) of the Magicians, originally published in German in 2018 as Zeit der Zauberer, convincingly demonstrates that this feat can indeed be accomplished. However, it may be achievable only by the rare expert who, like Wolfram Eilenberger, combines a thoroughgoing knowledge of the field, an unstinting commitment to recreating a public forum for philosophy, and a gift for the exposition—and dramatization—of philosophical debates, the broader circumstances in which they took place, and the motivations and aims of those who participated in them.The book, stylishly translated by Shaun Whiteside, begins by plunging us into the middle of things. Eilenberger provides snapshots of what his four focal thinkers were up to in 1929, before backtracking, in subsequent chapters, to cover key events in the decade that brought them to this point. Then, in the epilogue, he briefly sketches their post-1929 lives and careers. The book's readability is further enhanced by the way the text is broken up into short sections with eye-catching titles ("A Hut of One's Own," "Existential Health Check," "Self-Fashioning through Openness").The opening pages center on June 1929, when Ludwig Wittgenstein, having previously renounced his portion of his family's fortune and taught for several years at primary schools in rural Austria, undertook an oral defense of his doctoral thesis at the University of Cambridge at age forty. Wittgenstein's "thesis" just so happened to be Tractatus Logico-Philosophicus, the influential, sometimes gnomic book he had published in 1921; and at the conclusion of the defense, the candidate is rumored to have said to his examiners, Bertrand Russell and G. E. Moore, "Don't worry, I know you'll never understand it."In fact, as Eilenberger discusses in a later chapter, by 1929 Wittgenstein's own thinking was no longer where it had been when he wrote the Tractatus. The [End Page 492] philosopher's primary concern had shifted away from identifying the logical structure of meaningful propositions; instead, he had become interested in how meaning emerges from the way language is used in particular, concrete contexts. Apropos the evolving nature of Wittgenstein's ideas, one of the funniest parts of the book describes the philosopher's meetings with members of the Vienna Circle, a group that, in seeking to reorient philosophy around the natural sciences, had come to see the Tractatus as a touchstone for their work. During his first meeting with the group, in 1927, Wittgenstein, instead of talking shop, recited poems by Indian poet Rabindranath Tagore, standing with his back turned to the audience. Later discussions did involve philosophy, but eventually, as Eilenberger puts it, although the "Vienna Circle had hoped for something that coincided with their ideal of objective research," they "were instead left to grapple with an extremely idiosyncratic style of thinking that, in both execution and results, seemed directly contrary to it" (p. 274).Meanwhile, a few months prior to Wittgenstein's defense of a thesis that no longer reflected his real tendencies of mind, two of Eilenberger's other focal thinkers, Ernst Cassirer and Martin Heidegger, engaged in a much-anticipated public debate at the Grand Hôtel Belvédère in Davos, Switzerland. When he first mentions it, Eilenberger furnishes just enough detail to whet readers' curiosity about this epochal contest between the eminent neo-Kantian Cassirer, whose reputation for encyclopedic erudition had just been sealed by the publication of the final volume of his masterwork, The Philosophy of Symbolic Forms, and the considerably younger Heidegger, a one-time student of Edmund Husserl who had made a radical departure from Husserlian phenomenology in Being and Time.By the time readers return to the debate, some three hundred pages later, Eilenberger has provided a decade's worth of historical context, which casts a... (shrink)

Catholics and Evangelical Protestants often find themselves on the same side on a variety of issues in bioethics. However, some Evangelicals have expressed reluctance to embrace the natural law reasoning used by Catholics in academic and policy debates. In this article, I argue that the primary concerns raised by Evangelicals about natural law reasoning are, ironically, concerns expressed by and intrinsic to the natural law tradition itself. To show this, I address two types of Protestant critics: the (...) Frustrated Fellow Traveler and the Solo Scripturist. (shrink)

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other (...) hand, ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

Understanding the Nature of Law explores methodological questions about how best to explain law. Among these questions, one is central: is there something about law which determines how it should be theorized? This novel book explains the importance of conceptual explanation by situating its methods and goals in relation to, rather than in competition with, social scientific and moral theories of law.

This paper offers re-assessment of Scottish Common Sense rhetoric and its relationship to pluralist practice and philosophical method. It argues that the rhetorical texts of George Campbell, Hugh Blair, and Alexander Bain can be read as a practical application of Scottish Common Sense philosophy. This offers a novel means of examining the relationship that Scottish rhetoric has to the philosophy of David Hume and also its own innovative philosophy of language. Finally, I argue that Scottish rhetoric makes a unique (...) contribution to rhetorical methodology's key place in the creation of social and moral consensus. (shrink)

In the 1930s Otto Selz developed a novel approach to the psychology of perception which he called “synthetic psychology of wholes”. This “synthetic psychology” is based on a phenomenological description of the structural relationships between elementary items building up integral wholes. The present article deals with Selz’s account of spatial cognition within this general framework. Selz Zeitschrift für Psychologie, 114, 351–362 argues that his approach to spatial cognition delivers answers to the long-discussed question of the epistemological status of the (...) laws of geometry. More specifically he tries to derive the Euclidean axioms from the structural laws valid for phenomenal space. After a brief description of the discussion of the status of geometry in the 1920s/1930, the present article explains Selz’s understanding of “phenomenology”. Section 4 then deals with Selz’s attempt to derive the Euclidean laws from the structural phenomenological laws of space. Selz’s attempted derivation suffers from some formal shortcomings, which however can be repaired. The question arises, though, whether the necessary improvements do not rely upon more intricate geometric intuitions and thus render Selz’s attempt to base geometry upon the phenomenology of spatial cognition circular. (shrink)

Debates on the metaphysics of science have steadily gained momentum over the last decade or so. This appears to illustrate a case of philosophers’ realisation that metaphysics—and theoretical philosophy overall—largely depends upon the sciences and has a good deal to learn from them. Recent literature on this, in fact, has reached an unforeseen high level of refinement in the arguments and a very much desirable precision in the consequences that we can derive from examining the interplay currently undergoing between science (...) and metaphysics. The editors of the volume under review have certainly done a great work by compiling some fruitful and novel contributions to our understanding of issues such as the aim and scope of the metaphysics of science, laws of nature, causation, and natural kinds, which are amongst the most heatedly discussed topics in the arena.The structure of the volume is as follows: “What is the metaphysics of science?” ; “Measurements, la .. (shrink)

In a number of recent articles, the debate on the ethics of fractional reserve “free” banking has been extended to loan maturity mismatching, specifically the banking practice of borrowing short and lending long. Barnett and Block :711–716, 2009; 2010) claim the practice is illicit, because like fractional reserve banking it creates duplicate property titles. They argue there is a continuum in the time dimension between the two kinds of activities. Bagus and Howden :399–406, 2009; 106:295–300, 2012a; Eur J Law Econ, (...) 2012b; Bus Ethics 22:235–245, 2013) maintain that loan maturity mismatching does not create duplicate titles and is not illicit, and that from an economic and legal perspective there is no continuum with fractional reserve banking. Cachanosky and Evans enter the debate from the free-banking standpoint and view both practices as legitimate. In this paper, I agree with the conclusions of Bagus and Howden, but adopt a different approach to support this position. Using the title-transfer theory of contract, I demonstrate from first principles why loan maturity mismatching does not create duplicate property titles and is a legitimate practice. Employing this same theory, I then present a novel argument to show why the contractual arrangements found in fractional reserve banking are logically contradictory and illegitimate. (shrink)

Do our present circumstances allow us to defend a specific connection (that specific connection) between «legal rules», «moral claims» and «democratic principles» which we may say is granted by an unproblematic presupposition of universality or by an «acultural» experience of modernity? In order to discuss this question, this paper invokes the challenge-visée of a plausible reinvention of Law’s autonomous project (a reinvention which may be capable of critically re-thinking and re-experiencing Law’s constitutive cultural-civilizational originarium in a «limit-situation» such (...) as our own). The discussion is developed by recognising that the claim to universality is not only incompatible with a substantive conception of juridicalness as validity but also sustained with difficulty by a procedural representation of discourse and rationality (a representation which, against its own conclusion-claims, could also be said to be culturally and civilizationally bounded). Not forgetting some specific features of contemporary juridical pluralism—namely that which emerges from the counterpoint between semiotic groups or interpretative communities (and their differently assumed claims of intersemioticity concerning the signifier law)—this train of reflection diagnoses briefly a sequence of complementary main difficulties (as «obstacles» to recognising Law’s demand as an unmistakable cultural project), namely those arising from the formalistic normativistic inheritance (confounding legal autonomy with isolationism), from the challenges and seductions of practical holism (justifying a continuum in which Law’s project loses its sense and autonomy), and also from the familiar debate between exclusive and inclusive versions of positivism and non-positivism (a debate which establishes-consecrates an equivocal counterpoint between Law and Morality). (shrink)

What grounds facts of ground? Some metaphysicians invoke fundamental grounding laws to answer this question. These are general principles that link grounded facts to their grounds. The main business of this paper is to advance the debate about the metaphysics of grounding laws by exploring the prospects of a plausible yet underexplored minimalist account, one which is structurally analogous to a familiar Humean conception of natural laws. In the positive part of this paper, I articulate such a novel (...) view and argue for its merits. The minimalist account shuns essences and takes laws to be unmysterious elite regularities. Therefore, it is a promising alternative for theorists of ground who spurn the acceptance of essentialism about the grounding laws but think that these are needed in our theorizing. In the negative part, I argue that widely accepted principles of ground, coupled with the tenets of minimalism, jeopardize the fundamentality of the grounding laws. I discuss two immediately available and prima facie appealing strategies to evade this threat. However, I show that both have undesirable theoretical costs. I conclude by casting doubts on whether the benefits of a minimalist account of fundamental grounding laws outweigh such costs. (shrink)

This new edition includes a substantial postscript by the author, in which he responds to thirty years of discussion, criticism and further work in the field to ...

In the immediate post-war period, a set of thinkers, most notably Jacques Maritain, developed influential natural law theories of constitutional democracy. The central tenet of the natural law approach to the post-war settlement was that, without the type of foundational understanding of the constitutional system it was proposing, the new democratic political institutions would relapse into totalitarianism. In response to this natural law challenge, Hans Kelsen sought to explicate and defend a self-consciously secular and relativistic understanding of (...) the basis of constitutional democracy. This article will examine the debate between the Kelsenian and the natural law view of constitutional democracy. The debate raises questions of foundational importance, and a number of issues are of particular concern in the present global context. These issues concern the role of moral pluralism and its relevance to the structure of constitutional democracy, and the relationship between universal values and the common good of particular communities. (shrink)

Pre-eminent among European political philosophers, Norberto Bobbio has throughout his career turned to the political theory of Thomas Hobbes. Gathered here for the first time are the most important of his essays which together provide both a valuable introduction to Hobbes's thought and a fresh understanding of Hobbes's place in the theory of modern politics. Tracing Hobbes's work through De Cive and Leviathan , Bobbio identifies the philosopher's relation to the tradition of natural law. That Hobbes must now be (...) understood in both this tradition as well as in the seemingly contradictory positivist tradition becomes clear for the first time in Bobbio's account. Bobbio also demonstrates that Hobbes cannot be easily labelled "liberal" or "totalitarian" in Bobbio's provocative analysis of Hobbes's justification of the state, Hobbes emerges as a true conservative. Though his primary concern is to reconstruct the inner logic of Hobbes's thought, Bobbio is also attentive to the philosopher's biography and weaves into his analysis details of Hobbes's life and world--his exile in France, his relation with the Mersenne circle, his disputes with Anglican bishops, and accusations of heresy leveled against him. The result is a revealing, thoroughly new portrait of the first theorist of the modern state. (shrink)

ABSTRACT The political works of Adam Blackwood offer a powerful defence of absolute monarchy, and one which explicitly sets political power within a religious framework. Critiquing the resistance theories of his contemporaries, Blackwood was sceptical about the political value of natural law and of any appeal to popular sovereignty, at least in contemporary Europe. Blackwood was deeply troubled by the way Christianity was being used to justify resistance, often in Protestant texts that aligned Christianity and natural law, and (...) he insisted that true Christianity taught obedience. Though he has often been likened to his contemporary Jean Bodin, a closer examination of Blackwood’s writing reveals significant differences, especially on the linked issues of natural law, the value of historical argument, and religion. For Blackwood, sovereign power in general had to be underpinned by religion, the one constant in a world of diverse and mutable social practices, and its particular, local manifestation had to be understood historically, as the product of conquest and force. Aware of the potential tensions between Catholic Christianity and monarchical authority, Blackwood also developed a distinctive piety in an attempt to bolster the alliance he advocated between religious and political authority. (shrink)

Thomas Hobbes’s radical tendency to view natural law as a means of individual self-preservation sparked critical responses among natural law theorists in England and continental Europe. This chapter compares how two of Hobbes’s immediate successors and critics – Richard Cumberland and Samuel Pufendorf – dealt with the potential conflict between self-interest and the requirements of natural law. The chapter shows how both intended to reply to Hobbes in their own distinctive ways by attempting to show that the (...) ultimate aim of natural law, imposed by God, obligated people to promote the common good of humankind as a whole rather than mainly function as the means for individual and social utility. They did not, however, consider self-interest to be merely destructive for social cooperation and natural law. Both argued in their distinct ways that self-interest is the most effective motivation for people to consider the advantage of others and it leads them to promote the common good. This chapter also points out notable differences between Cumberland’s and Pufendorf’s treatment of the relation between the private good and the common good. (shrink)

Hobbes’ natural law theory has been discussed far and wide. Some interpreters ended up defining Hobbes as a natural law theorist, some others as a legal positivist. In this paper, I analyse the work of two important scholars, Howard Warrender and Norberto Bobbio, whose insights have stimulated an interesting debate about Hobbes’ political theory. Warrender gives God a central function in Hobbes’ political science. On his account, God is a lawmaker, his will is the source of a universal (...) obligation, and civil order is necessary to give force to the natural law that is the expression of divine will. In Bobbio’s interpretation, Hobbes is the first legal positivist of Modern age, as natural law is only ever given content by the sovereign’s will. Finally, I ask which is natural law and God’s function in Hobbes’ political thought, questioning some contemporary scholars in order to clarify Hobbes’ modernity. (shrink)

This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...

Argues that natural law theory provides no credible basis for objecting to the legal recognition of same-sex marriage and offers a two-fold defense of marriage equality: natural-law arguments against marriage equality are unsuccessful; and, even if they are; proponents of new classical natural law theory should still see legally recognizing same-sex marriages as reasonable.

Samuel Pufendorf is one of the most important moral and political philosophers of the seventeenth century. His theory, which builds on Grotius and Hobbes, was immediately recognized as a classic and taken up by writers as diverse as Locke, Hume, Rousseau, and Smith. Over the past twenty years there has been a renaissance of Pufendorf scholarship. On the Duty of Man and Citizen is Pufendorf's own epitome of his monumental On the Law of Nature and of Nations, and it served (...) as a basic text in European universities throughout the Enlightenment. This edition has a lucid and historically sensitive translation by Michael Silverthorne, the first since the early twentieth century. James Tully's introduction sets the text in its context, summarizes the main arguments, surveys recent literature on Pufendorf, and shows how Pufendorf transformed natural law theory into an independent discipline of juristic political philosophy that dominated reflection on politics until Kant. (shrink)

SummaryThe toleration gained by Protestant Dissenters, the Toleration Act of 1689, was far from comprehensive. It insisted that Dissenting authorities should subscribe to the doctrinal articles of the Church of England. It suspended anti-Dissent legislation rather than repealing it and the sacramental requirement for civil officials remained in place. The situation of Dissent under the law was ambiguous and, at least in theory, the freedom of worship gained under the act was incomplete. This article examines Dissenter attempts to clarify their (...) situation under the law and to be free from the Anglican subscription requirement for minsters, schoolmasters and tutors. It focuses on those aspects of their campaigning propaganda which accorded with natural law theory and particularly on the relationship between concerns for the well-being of the community and the assertion of the natural rights of conscience. It finds that pragmatic considerations competed with theoretical prescriptions. Although the language of natural rights was increasingly to the fore in the late eighteenth century, even the more radical Dissenters did not entirely abandon claims for wider toleration based on natural law considerations. It was not until the mid-nineteenth century that natural rights trumped natural law. (shrink)

Throughout his career David Hull has sought to bring the philosophy of science into closer contact with science and especially with biological science (Hull 1969, 1997b). This effort has taken many forms. Sometimes it has meant ‘either explaining basic biology to philosophers or explaining basic philosophy to biologists’ (Hull 1996, p. 77). The first of these tasks, simple as it sounds, has been responsible for revolutionary changes. It is well known that traditional philosophy of science, modeled as it was on (...) theoretical physics, proved inadequate when philosophers turned their attention to biological science. Biological examples have driven major revisions of accounts of reduction (Hull 1974; Schaffner 1993, Ch. 9), laws of nature (Beatty et al. 1997), theories (Lloyd 1988) and natural kinds (Wilson 1999, Part III). Nor is explaining basic philosophy to biologists a task to be looked down upon. It is useful, not because philosophy has all the answers, but because scientists must think about how to do science, that is doing philosophy of science and scientists frequently reinvent philosophical views with known flaws. Early in his career Hull found biological systematists in the grip of a crude operationalism about scientific concepts and said so in the pages of Systematic Zoology (Hull 1968). For the next thirty years, as biologists debated the nature of species and the correct principles of classification, Hull added a philosophical note at the same congresses and in the same journals (Hull 1970, 1976, 1980, 1997a, 1999). (shrink)

This essay analyzes the relationship between rights and the rule of law through the investigation of the jurisprudence of three significant figures in the liberal tradition: Ronald Dworkin, Michael Oakeshott, and John Finnis. Dworkin’s approach, which attempts to defend natural rights and to contribute to improving the general communal welfare, is shown to result in a strong role for judges to navigate between protecting rights and the common good where the rule of law is put in the service of (...) social evolution. Oakeshott’s ideal of civil association is explored as an example of a non-instrumental practice. Here the rule of law and political authority contribute to a mode of association that does not coerce or subordinate individuals’ self-chosen purposes to a communal one. Attempting to navigate between normative concerns and the proceduralism of a rule of law, Finnis’ natural law approach is shown to respect the universal human desire to flourish and the individual nature of that search embodied in our modern political vocabulary of rights. Law provides the necessary conditions for human flourishing and thus is both the symbolic and the real realm where we ceaselessly attempt to reconcile individual demands and collective needs in light of our limitations and views of the human good. (shrink)

Marriagelike homosexual relationships expose a division among ethicists following Aquinas. Those emphasizing natural law may call such relationships unnatural; those emphasizing the virtues may approve of relationships fostering love and justice. Natural law, the virtues, and homosexuality all show up in Aquinas's Commentary on Romans—untranslated and hardly cited. Romans 1:18 opens a discussion of justice. Verse 20 provides Aquinas's chief warrant for natural law. Verse 26 applies virtue and law to “the vice against nature.“ But Aquinas's account (...) also depends on Paul as an exemplar of virtue and on Aquinas's high regard for the Bible. Aquinas deploys natural law as a mode of biblical exegesis, not an alternative to it. In the De potentia, Aquinas considers how to proceed when nature and Scripture seem to conflict. The account does not settle, but rather makes more room for, dispute. (shrink)