Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870?1910 Chapel Hill, N.C.: The University of North Carolina Press, 1981, 335 pp. Charles Campbell, Serving Time Together: Men and Women in Prison Fort Worth, Texas Christian University Press, 1980, 237 pp.

In various works, Mark Greenberg has positioned himself as an important critic of legal positivism. He has made a transcendental attack on a metaphysical position that some notable legal positivists have held -- namely, that law is ultimately grounded in social facts. He has pressed legal positivism at a point of perceived vulnerability – the failure of such positivists to develop and defend a compelling theory of legal content. Moreover, in his Moral Impact Theory of law, he preserves a necessary (...) connection between legal obligations and good reasons for action that is absent in legal positivism. This last point may seem particularly attractive, even to those with positivist sympathies. One of his arguments against legal positivism relies heavily on what he calls "the bindingness hypothesis"—namely, the claim that it is part of the “nature of law” that it is “supposed to operate” so as to “arrange matters” to “reliably ensure” that its legal obligations are genuinely, all-things-considered, binding. I argue that Greenberg’s defense of the bindingness hypothesis fails. I attack two other defenses he raises for the Moral Impact theory: the assertion that the Moral Impact Theory makes it easy to account for our concern with law, with the implication that legal positivism cannot so easily account for that concern; and the claim that his Moral Impact Theory fits appellate practice better than some views. I show that these the arguments for the Moral Impact Theory are inadequate. In response to Greenberg’s further argument that the Moral Impact Theory rescues the idea of legal obligation as genuine obligation, I argue that the Moral Impact Theory does so at a very steep price – one that is not worth paying. (shrink)

An amazing value for digital photography beginners–Digital Cameras & Photography For Dummies, a full-color book, plus a 60-minute DVD! This value-priced bundle is the perfect how-to package for novice digital photographers who want to start taking great pictures right away. It features a 256-page, full-color guide that shows how to take great photos, edit them, and show them off–including special "makeover" chapters that explain how to turn bad photos into good ones. The 60-minute DVD demonstrates how to work with light, (...) focus, and exposure to get great photos when shooting sports action, in low light, or a panorama. It also offers tutorials on editing with Photoshop Elements and sharing photos using online services. (shrink)

Recent results from studies on animals suggest that functional germ cells may be generated from human pluripotent stem cells, giving rise to three possibilities: research with these so‐called artificial gametes, including fertilization experiments in vitro; their use in vivo for therapy for the treatment of human infertility; and their use in assisted reproductive technologies in vitro. While the legal, philosophical, and ethical questions associated with these possibilities have been already discussed intensively in other countries, the debate in Germany is still (...) at its beginning. A systematic and detailed analysis of the legal framework in Germany is provided with regard to the three possibilities, including the applicable statutory laws as well as the constitutional law. The question emerges as to whether the statutory laws as well as the constitution justify a distinction to be made between embryos of artificial and natural origin. This question is subject to philosophical analysis, discussing the distinction between person and thing, dignity and price, personality and property, and nature and technique. As a result, the criterion of naturalness alone may not be sufficient to differentiate between embryos of natural and artificial origin, and other criteria need to be identified. (shrink)

We propose two different characterizations for preference relations representable by lower (upper) expectations with the aim of removing either fair price or completeness requirements. Moreover, we give an explicit characterization for comparative degrees of belief on a finite algebra of events representable by lower probabilities.

Some of the series' finest lectures have been lost for many years, unavailable to the public in any form -- until now.

Individual objects have potentials: paper has the potential to burn, an acorn has the potential to turn into a tree, some people have the potential to run a mile in less than four minutes. Barbara Vetter provides a systematic investigation into the metaphysics of such potentials, and an account of metaphysical modality based on them. -/- In contemporary philosophy, potentials have been recognized mostly in the form of so-called dispositions: solubility, fragility, and so on. Vetter takes dispositions as her (...) starting point, but argues for and develops a more comprehensive conception of potentiality. She shows how, with this more comprehensive conception, an account of metaphysical modality can be given that meets three crucial requirements: Extensional correctness: providing the right truth-values for statements of possibility and necessity; formal adequacy: providing the right logic for metaphysical modality; and semantic utility: providing a semantics that links ordinary modal language to the metaphysics of modality. -/- The resulting view of modality is a version of dispositionalism about modality: it takes modality to be a matter of the dispositions of individual objects. This approach has a long philosophical tradition going back to Aristotle, but has been largely neglected in contemporary philosophy. In recent years, it has become a live option again due to the rise of anti-Humean, powers-based metaphysics. The aim of Potentiality is to develop the dispositionalist view in a way that takes account of contemporary developments in metaphysics, logic, and semantics. (shrink)

How does thinking affect doing? There is a widely held view that thinking about what you are doing, as you are doing it, hinders performance. Once you have acquired the ability to putt a golf ball, play an arpeggio on the piano, or parallel-park, reflecting on your actions leads to inaccuracies, blunders, and sometimes even utter paralysis--that's what is widely believed. But is it true? After exploring some of the contemporary and historical manifestations of the idea, Barbara Gail Montero (...) develops a theory of expertise which emphasizes the role of the conscious mind in expert action. She aims to dispel various myths about experts who proceed without any understanding of what guides their action, and she analyzes research in both philosophy and psychology that is taken to show that conscious control and explicit monitoring of one's movements impedes well practiced skills. Montero explores a wide range of real-life examples of optimal performance, in sports, the performing arts, healthcare, the military, and other fields, and draws from psychology, neuroscience, and literature to offer a refreshing and persuasive view of expertise, according to which expert action generally is and ought to be thoughtful, effortful, and reflective. (shrink)

Habermas' recent work makes a major claim: to be able to determine what is the most rational thing to do. Postmodernists, notably Lyotard, have perhaps successfully belittled this claim as too positivistic. This book does not dispute the validity of the postmodern critique but it is concerned to resist the irrationality which, thus far, seems to coincide with anti-positivism. The author looks at the concept of justice, as one that is both essential to Habermas and Lyotard but is also utilized (...) in their work only in constricted and unimaginative ways. (shrink)

This book presents the most important problems of reference and considers their solution. It presupposes no technical knowledge, presents analyses from first principles, illustrates every stage with examples, and is written with verve and clarity. This is the ideal introduction to reference for students of linguistics and philosophy of language.

Dispositions are modal properties. The standard conception of dispositions holds that each disposition is individuated by its stimulus condition(s) and its manifestation(s), and that their modality is best captured by some conditional construction that relates stimulus to manifestation as antecedent to consequent. I propose an alternative conception of dispositions: each disposition is individuated by its manifestation alone, and its modality is closest to that of possibility — a fragile vase, for instance, is one that can break easily. The view is (...) expounded in some detail and defended against the major objections. (shrink)

Abilities are in many ways central to what being an agent means, and they are appealed to in philosophical accounts of a great many different phenomena. It is often assumed that abilities are some kind of dispositional property, but it is rarely made explicit exactly which dispositional properties are our abilities. Two recent debates provide two different answers to that question: the new dispositionalism in the debate about free will, and virtue reliabilism in epistemology. This paper argues that both answers (...) fail as general accounts of abilities, and discusses the ramifications of this result. (shrink)

Peter McHugh was an internationally known sociologist within the field of anti-positivist social theory. As the only collection of McHugh's sole-authored writings, Redefining the Situation presents a comprehensive yet surprising view of this key theorist's influence in his field. Redefining the Situation is a compendium of McHugh's published and unpublished short-form writings, along with three new essays on McHugh's work, one by his long-time collaborator and friend Alan Blum. The collection contributes to the project of reinventing social theory by providing (...) a new perspective from which to imaginatively rethink the development of sociology over the last fifty years. It locates McHugh's work not only within the modern and postmodern sociological tradition but also within contemporary social theory broadly, including hermeneutics, critical theory, deconstruction, and Hannah Arendt's political theory. The essays in this volume show the development of a method to analyze everyday behaviour in light of fundamental questions, exploring conflicts and connections between socialization and recidivism, fragmentation and ethnic cleansing, justice and affirmative action, teaching and university politics, and intimacy and aesthetics. This book moves beyond contemporary debates about big data/postmodernism, and along the way it identifies convergences in Anglo-American and Continental thought. By tracing the development of Analysis, the tradition of social inquiry, from its beginnings until today, Redefining the Situation re-establishes a prominent sociologist as one of the leading intellectuals in the field of interpretive social theory. (shrink)

It is a familiar point that many ordinary dispositions are multi-track, that is, not fully and adequately characterisable by a single conditional. In this paper, I argue that both the extent and the implications of this point have been severely underestimated. First, I provide new arguments to show that every disposition whose stimulus condition is a determinable quantity must be infinitely multi-track. Secondly, I argue that this result should incline us to move away from the standard assumption that dispositions are (...) in some way importantly linked to conditionals, as presupposed by the debate about various versions of the ‘conditional analysis’ of dispositions. I introduce an alternative conception of dispositionality, which is motivated by linguistic observations about dispositional adjectives and links dispositions to possibility instead of conditionals. I argue that, because of the multi-track nature of dispositions, the possibility-based conception of dispositions is to be preferred. (shrink)

In this paper I develop a framework for environmental philosophy on the ground of what I call a radical relationalism based on Whitehead’s thought. Accordingly, relations are ontologically prior to and constitutive of entities rather than being conceived as external link(ing) between them. On this ground an alternative, relational axiology can be developed that challenges the current environmental ethics debate and its dichotomy between intrinsic and instrumental values. In the last section, I show how such an axiology can become an (...) important ally for global environmental justice struggles and help support what the anthropologist Arturo Escobar calls a “decolonial view of nature.”. (shrink)

This paper revisits the Derrida-Searle debate, an exchange that, unfortunately, did not lead to much, if any, mutual understanding. I will suggest that this failure can be traced back to key features of their respective theories. In that Searle and Derrida use their own theories of speech as resources in trying to understand each other, their unsuccessful communication can be used to reveal a great deal about the limitations of both their theories. My paper tries to draw out these limitations (...) by analyzing specific moments in the debate. I also suggest concrete proposals for overcoming defects in each of the theories, proposals that, arguably, would make some mutual understanding more possible. (shrink)

Ulrich Beck's best selling Risk Society established risk on the sociological agenda. It brought together a wide range of issues centering on environmental, health and personal risk, provided a rallying ground for researchers and activists in a variety of social movements and acted as a reference point for state and local policies in risk management. The Risk Society and Beyond charts the progress of Beck's ideas and traces their evolution. It demonstrates why the issues raised by Beck reverberate widely throughout (...) social theory and covers the new risks that Beck did not foresee, associated with the emergence of new technologies, genetic and cybernetic. The book is unique because it offers both an introduction to the main arguments in Risk Society and develops a range of critical discussions of aspects of this and other works of Beck. (shrink)

According to essentialism, metaphysical modality is founded in the essences of things, where the essence of a thing is roughly akin to its real definition. According to potentialism (also known as dispositionalism), metaphysical modality is founded in the potentialities of things, where a potentiality is roughly the generalized notion of a disposition. Essentialism and potentialism have much in common, but little has been written about their relation to each other. The aim of this paper is to understand better the relations (...) between essence and potentiality, on the one hand, and between essentialism and potentialism, on the other. It is argued, first, that essence and potentiality are not duals but interestingly linked by a weaker relation dubbed ‘semi-duality’; second, that given this weaker relation, essentialism and potentialism are not natural allies but rather natural competitors; and third, that the semi-duality of essence and potentiality allows the potentialist to respond to an important explanatory challenge by using essentialist resources without thereby committing to essentialism. (shrink)

Some presuppositions seem to be weaker than others in the sense that they can be more easily neutralized in some contexts. For example some factive verbs, most notably epistemic factives like know, be aware, and discover, are known to shed their factivity fairly easily in contexts such as are found in (1). (1) a. …if anyone discovers that the method is also wombat-proof, I’d really like to know! b. Mrs. London is not aware that there have ever been signs erected (...) to stop use of the route… c. Perhaps God knows that we will never reach the stars…. (The examples in (1) are all naturally occurring ones, discovered by David Beaver with the aid of Google; cf. Beaver 2002, exx. 32, 43, and 51, respectively.) On the other hand some other factives, e.g. regret, matter, and be surprised, do not exhibit the same type of behavior: (2) a. If any of the students regrets behaving badly, they’ll let us know. b. It doesn’t matter that the chimpanzees escaped. c. Was Bill surprised that spinach was included? Unlike the examples in (1), those in (2) could not be used appropriately in contexts where the speaker was not assuming that the complement clause was true. Our main concern will be trying to find the cause of this difference. However, before we get to that, we will look more closely at the concept “presupposition” itself, as well as its close neighbor in the linguistic literature, “conventional implicature” (section 2), and also at various ways of getting rid of presuppositions (section 3). In section 4 we will investigate two possible explanations for differences in presupposition triggering – the “lexical alternative” approach of Abusch (2002, 2005), and a suggestion of Ladusaw’s involving detachability of presuppositions. The final section contains concluding remarks. (shrink)

The prototypes of definiteness and indefiniteness in English are the definite article the and the indefinite article a/an, and singular noun phrases (NPs)1 determined by them. That being the case it is not to be predicted that the concepts, whatever their content, will extend satisfactorily to other determiners or NP types. However it has become standard to extend these notions. Of the two categories definites have received rather more attention, and more than one researcher has characterized the category of definite (...) NPs by enumerating NP types. Westerståhl (1985), who is concerned only with determiners in the paper cited, gives a very short list: demonstrative NPs, possessive NPs, and definite descriptions. Prince (1992) lists proper names and personal pronouns, as well as NPs with the, a demonstrative, or a possessive NP as determiner. She notes, in addition, that “certain quantifiers (e.g. all, every) have been argued to be definite” (Prince 1992: 299). This list, with the quantifiers added, agrees with that given by Birner & Ward (1998, 114). Ariel (1988, 1990) adds null anaphoric NPs. (shrink)

Dispositionalists try to provide an account of modality—possibility, necessity, and the counterfactual conditional—in terms of dispositions. But there may be a tension between dispositionalist accounts of possibility on the one hand, and of counterfactuals on the other. Dispositionalists about possibility must hold that there are no impossible dispositions, i.e., dispositions with metaphysically impossible stimulus and/or manifestation conditions; dispositionalist accounts of counterfactuals, if they allow for non-vacuous counterpossibles, require that there are such impossible dispositions. I argue, first, that there are in (...) fact no impossible dispositions; and second, that the dispositionalist can nevertheless acknowledge the non-vacuity of some counterpossibles. The strategy in the second part is one of ‘divide and conquer’ that is not confined to the dispositionalist: it consists in arguing that counterpossibles, when non-vacuous, are read epistemically and are therefore outside the purview of a dispositional account. (shrink)

The standard Kratzerian analysis of modal auxiliaries, such as ‘may’ and ‘can’, takes them to be univocal and context-sensitive. Our first aim is to argue for an alternative view, on which such expressions are polysemous. Our second aim is to thereby shed light on the distinction between semantic context-sensitivity and polysemy. To achieve these aims, we examine the mechanisms of polysemy and context-sensitivity and provide criteria with which they can be held apart. We apply the criteria to modal auxiliaries and (...) show that the default hypothesis should be that they are polysemous, and not merely context-sensitive. We then respond to arguments against modal ambiguity. Finally, we show why modal polysemy has significant philosophical implications. (shrink)

This article is concerned with exploring the idea of places as providing persons with nourishment. This version of person–place relations is displayed in a paper by McHugh and, in provocative fashion, in Michel Serres’s analysis of the human condition as a parasitic one. Unlike McHugh, Serres combines his analysis of parasites with a concern that principled actors may be insufficiently attached to places. His views are revealed in his interpretations of works by Molière and Plato. By reinterpreting these works, I (...) try to suggest that Serres’s well-founded scepticism as to the level of commitment of principled actors to the places that, as he rightly points out, are nourishing them, may not apply to the sub-set of principled actors who deserve to be called particular. (shrink)

My aim in this paper is to sketch, with a broad brush and in bare outlines, an approach to modal epistemology that is characterized by three distinctive features. First, the approach is agency-based: it locates the roots of our modal thought and knowledge in our experience of our own agency. Second, the approach is ambitious in that it takes the experience of certain modal properties in agency to be the sole distinctive feature of specifically modal thought and knowledge; everything that (...) we know about modality beyond the experience of agency is a matter of applying standard methods of inquiry such as deduction, induction and abductive methods for choosing between theories. Third, the account holds that modal thought and knowledge is, first and foremost, about modal properties that are sufficiently like those encountered in agency. (shrink)

Modal dispositionalism is the view that possibilities are a matter of the dispositions of individual objects: it is possible that p if and only if something has a disposition for p to be the case. We raise a problem for modal dispositionalism: nothing within the theory rules out that there could be necessary, perfect masks, which make the manifestation of a disposition impossible. Unless such necessary perfect masks are ruled out, modal dispositionalism runs the risk of failing to provide a (...) sufficient condition for possibility, and indeed of engendering contradictions. But to rule them out, modal dispositionalism would have to revise a crucial tenet of the view, its localism. (shrink)

This paper explores the prospects for dispositional accounts of abilities. According to so-called new dispositionalists, an agent has the ability to Φ iff they have a disposition to Φ when trying to Φ. We show that the new dispositionalism is beset by some problems that also beset its predecessor, the conditional analysis of abilities, and bring up some further problems. We then turn to a different approach, which links abilities not to motivational states but to the notion of success, and (...) consider ways of implementing that approach. Our results suggest that there are principled disanalogies between abilities and disposition which prevent any dispositional account of abilities from succeeding. (shrink)

The article addresses the problem of how to theorize generosity. It argues that generosity is a matter of social actors orienting to standards and suggests, drawing on an analysis by Derrida, that while he too sees the necessity of standards, for him this leads to certain dilemmas as to how actors can actually accomplish generosity. How can actors display the fulsomeness generosity requires while still respecting standards or limits? An attempt is made to resolve this problem by proposing, in line (...) with certain work by Blum and McHugh, and by Taylor, a distinction between merely calculating generosity and reflecting on it. Finally, the communal value of the version of generosity that the article develops is alluded to with the help of a Levinas-inspired version of self-other relations. (shrink)