Scientific progress remains one of the most significant issues in the philosophy of science today. This is not only because of the intrinsic importance of the topic, but also because of its immense difficulty. In what sense exactly does science makes progress, and how is it that scientists are apparently able to achieve it better than people in other realms of human intellectual endeavour? Neither philosophers nor scientists themselves have been able to answer these questions to general satisfaction.

Having established her pluralistic account as an influential position within contemporary virtue ethics, in this work Christine Swanton offers a virtue-ethical reading of David Hume and Friedrich Nietzsche with the aim of showing how they can further the development of virtue ethics beyond the Aristotelian and ancient eudaemonist traditions. Readers of Swanton’s other major work, Virtue Ethics: A Pluralistic View, may recall that many of its philosophical resources were drawn from Nietzsche and, to a lesser extent, from Hume. This new (...) study can be seen as offering a fuller and more historically grounded reading of the work of both thinkers. Swanton has also published on... (shrink)

In Inventing Temperature, Chang takes a historical and philosophical approach to examine how scientists were able to use scientific method to test the reliability of thermometers; how they measured temperature beyond the reach of thermometers; and how they came to measure the reliability and accuracy of these instruments without a circular reliance on the instruments themselves. Chang discusses simple epistemic and technical questions about these instruments, which in turn lead to more complex issues about the solutions that were (...) developed. (shrink)

Introduction: philosophy of science in practice Content Type Journal Article Category Editorial Article Pages 303-307 DOI 10.1007/s13194-011-0036-4 Authors Rachel Ankeny, School of History & Politics, University of Adelaide, Napier Building, The University of Adelaide, Adelaide, SA 5005, Australia Hasok Chang, Department of History and Philosophy of Science, University of Cambridge, Free School Lane, Cambridge, CB2 3RH UK Marcel Boumans, Faculty of Economics and Business, University of Amsterdam, Valckenierstraat 65-67, 1018 XE Amsterdam, The Netherlands Mieke Boon, Department of Philosophy, University (...) of Twente, Postbox 217, 7500 AE Enschede, The Netherlands Journal European Journal for Philosophy of Science Online ISSN 1879-4920 Print ISSN 1879-4912 Journal Volume Volume 1 Journal Issue Volume 1, Number 3. (shrink)

The Hwa Yen school of Mahāyāna Buddhism bloomed in China in the 7th and 8th centuries A.D. Today many scholars regard its doctrines of Emptiness, Totality, and Mind-Only as the crown of Buddhist thought and as a useful and unique philosophical system and explanation of man, world, and life as intuitively experienced in Zen practice. For the first time in any Western language Garma Chang explains and exemplifies these doctrines with references to both oriental masters and Western philosophers. The (...) Buddha's mystical experience of infinity and totality provides the framework for this objective revelation of the three pervasive and interlocking concepts upon which any study of Mahāyāna philosophy must depend. Following an introductory section describing the essential differences between Judeo-Christian and Buddhist philosophy, Professor Chang provides an extensive, expertly developed section on the philosophical foundations of Hwa Yen Buddhism dealing with the core concept of True Voidness, the philosophy of Totality, and the doctrine of Mind-Only. A concluding section includes selections of Hwa Yen readings and biographies of the patriarchs, as well as a glossary and list of Chinese terms. (shrink)

The Hwa Yen school of Mahāyāna Buddhism bloomed in China in the 7th and 8th centuries A.D. Today many scholars regard its doctrines of Emptiness, Totality, and Mind-Only as the crown of Buddhist thought and as a useful and unique philosophical system and explanation of man, world, and life as intuitively experienced in Zen practice. For the first time in any Western language Garma Chang explains and exemplifies these doctrines with references to both oriental masters and Western philosophers. The (...) Buddha's mystical experience of infinity and totality provides the framework for this objective revelation of the three pervasive and interlocking concepts upon which any study of Mahāyāna philosophy must depend. Following an introductory section describing the essential differences between Judeo-Christian and Buddhist philosophy, Professor Chang provides an extensive, expertly developed section on the philosophical foundations of Hwa Yen Buddhism dealing with the core concept of True Voidness, the philosophy of Totality, and the doctrine of Mind-Only. A concluding section includes selections of Hwa Yen readings and biographies of the patriarchs, as well as a glossary and list of Chinese terms. (shrink)

Lawrence J. Dennis’s intellectual biography of John L. Childs, a leading figure in twentieth-century American educational philosophy between 1930 and 1960, traces Childs’s influence not only on education but also on midcentury politics, economics, and social issues. A disciple of John Dewey and an associate of William Heard Kilpatrick, George S. Counts, Boyd Bode, and other key figures in modern American education, Childs laid the philosophic basis for social reconstruction and became an important contributor to and interpreter of pragmatism (...) as a philosophy of education. Dennis describes how the Christian beliefs so central to Childs as a youth led him as a young man into a decade of YMCA missionary work in China. When he returned to the United States, Childs studied with John Dewey, later coauthoring two chapters of a book with him. Though Childs became a recognized expert on Dewey’s educational theory, he eventually became more of a reconstructionist than his mentor. Dennis carefully recounts Childs’s long association with Dewey as well as his political activities in the American Labor Party, the Liberal Party, and the American Federation of Teachers. He likewise traces the debate about metaphysics, democracy, and indoctrination that ensued among the foremost pragmatists of the day. (shrink)

This paper argues for the existence of a fourth positive generic value relation that can hold between two items beyond ‘better than’, ‘worse than’, and ‘equally good’: namely ‘on a par’.

This paper investigates two puzzles in practical reason and proposes a solution to them. First, sometimes, when we are practically certain that neither of two alternatives is better than or as good as the other with respect to what matters in the choice between them, it nevertheless seems perfectly rational to continue to deliberate, and sometimes the result of that deliberation is a conclusion that one alternative is better, where there is no error in one’s previous judgment. Second, there are (...) striking differences between rational agents – some rational agents have most reason to pursue careers on Wall Street while others have most reason to take up a career in teaching, or scuba diving, or working for political causes. These differences aren’t plausibly explained by ‘passive’ facts about our psychology or their causal interaction with our environment; instead, these facts seem in some sense to ‘express who we are’. But what is this sense? These puzzles disappear if we adopt a novel view about the source of the normativity of reasons – some reasons are given to us and others are reasons in virtue of an act of will. We make certain considerations reasons through an act of will and thus sometimes make it true through an act of agency that we have most reason to do one thing rather than another. (shrink)

This study is a comparison of the validity of theory of reasoned action and theory of planned behavior as applied to the area of moral behavior (i.e., illegal copying of software) using structural equation modeling. Data were collected from 181 university students on the various components of the theories and used to asses the influence of attitude, subjective norm, and perceived behavioral control on the intention to make unauthorized software copies. Theory of planned behavior was found to be better than (...) the theory of reasoned action in predicting unethical behavior. A modified version of the theory of planned behavior, with a causal path linking subjective norm to attitude, provided a significant improvement on model fit. The results indicated that perceived behavioral control is a better predictor of behavioral intention then attitude. The direct effect of subjective norm on behavioral intention was not significant, but the indirect effect through attitude was highly significant. Applicability of the theory of planned behavior for moral behavior and the implications for future research are discussed. (shrink)

One of the most common judgments of normative life takes the following form: With respect to some things that matter, one item is better than the other, with respect to other things that matter, the other item is better, but all things considered – that is, taking into account all the things that matter – the one item is better than the other. In this paper, I explore how all-things-considered judgments are possible, assuming that they are. In particular, I examine (...) the question of how the different considerations relevant to an all-things-considered judgment come together in a way that gives each relevant consideration its proper due. I propose an answer which provides a unified account of all-things-considered judgments and highlights a deep connection between value and reason. My suggestion is that ‘all things considered’ is, in effect, a placeholder for a more comprehensive, sometimes nameless, value that includes the things considered as parts, and that this more comprehensive value determines how the things considered normatively relate. (shrink)

This paper begins with a response to Josh Gert’s challenge that ‘on a par with’ is not a sui generis fourth value relation beyond ‘better than’, ‘worse than’, and ‘equally good’. It then explores two further questions: can parity be modeled by an interval representation of value? And what should one rationally do when faced with items on a par? I argue that an interval representation of value is incompatible with the possibility that items are on a par (a mathematical (...) proof is given in the appendix). I also suggest that there are three senses of ‘rationally permissible’ which, once distinguished, show that parity does distinctive practical work that cannot be done by the usual trichotomy of relations or by incomparability. In this way, we have an additional argument for parity from the workings of practical reason. (shrink)

A popular and plausible response against Laudan's “pessimistic induction” has been what I call “preservative realism,” which argues that there have actually been enough elements of scientific knowledge preserved through major theory‐change processes, and that those elements can be accepted realistically. This paper argues against preservative realism, in particular through a critical review of Psillos's argument concerning the case of the caloric theory of heat. Contrary to his argument, the historical record of the caloric theory reveals that beliefs about the (...) properties of material caloric, rejected by subsequent theories, were indeed central to the successes of the caloric theory. Therefore caloric remains a favorable case for Laudan. Further, I argue that even confirmed cases of preservation do not warrant an inference to truth. (shrink)

The central aim of this book is to answer two questions: Are alternatives for choice ever incomparable? and, In what ways can items be compared? The arguments offered suggest that alternatives for choice no matter how different are never incomparable, and that the ways in which items can be compared are richer and more varied than commonly supposed. This work is the first book length treatment of the topics of incomparability, value, and practical reason.

This paper is the introduction to the volume. It gives an argumentative view of the philosophical landscape concerning incommensurability and incomparability. It argues that incomparability, not incommensurability, is the important phenomenon on which philosophers should be focusing and that the arguments for the existence of incomparability are so far not compelling.

Recently, some of the leading proponents of the view that there is widespread incommensurability among goods have suggested that the incommensurability of some goods is a constitutive feature of the goods themselves. So, for example, a friendship and a million dollars are incommensurable because it is part of what it is to be a friendship that it be incommensurable with money. According to these ‘constitutive incommensurabilists’ incommensurability follows from the very nature of certain goods. In this paper, I examine this (...) idea and argue that constitutive incommensurabilists have mistaken for constitutive incommensurability a particular emphatic kind of comparability. This examination involves an account of ‘higher’ and ‘lower’ goods and an explanation of how goods of different ‘types’ figure in practical conflict. (shrink)

We argue against the common view that it is impossible to give a causal account of the distant correlations that are revealed in EPR-type experiments. We take a realistic attitude about quantum mechanics which implies a willingness to modify our familiar concepts according to its teachings. We object to the argument that the violation of factorizability in EPR rules out causal accounts, since such an argument is at best based on the desire to retain a classical description of nature that (...) consists of processes that are continuous in space and time. We also do not think special relativity prohibits the superluminal propagation of causes in EPR, for the phenomenon of quantum measurement may very well fall outside the domain of application of special relativity. It is possible to give causal accounts of EPR as long as we are willing to take quantum mechanics seriously, and we offer two such accounts. (shrink)

In this article, we examine the effect of corporate social responsibility (CSR) on firms' financial performance (CSR-effect). Two competing hypotheses, social impact hypothesis and shift of focus hypothesis, are proposed to investigate this issue, where the former suggests that CSR has a positive relation with performance and the latter are opposite. In order to ensure the CSR-effect is not contaminated by other faeton or samples are randomly drawn, we employ four matching methods, Nearest, Caliper, Mahala and Mahala Caliper to match (...) the samples of CSR (CSR-firms) and without CSR (NonCSR-firms) with similar characteristics. Although four methods yield slightly different results, firms engaging in CSR activities tend to obtain significantly higher values on pretax income to net sales and profit margin, and adopting CSR at the very least not deteriorate the performance of firms, making our con clusion favors the social impact hypothesis and against shift of focus hypothesis in Taiwan. Thus, ambition and conscience are not conflicting with each other. (shrink)

In this paper we give a full account of the work of William Thomson on absolute temperature, which to this day provides the theoretical underpinnings for the most rigorous measurements of temperature. When Thomson fashioned his concepts of ‘absolute’ temperature, his main concern was to make the definition of temperature independent of the properties of particular thermometric substances . He tried out a succession of definitions based on the thermodynamics of ideal heat engines; most notably, in 1854 he gave the (...) ratio of two temperatures as the ratio of quantities of heat taken in and given out at those temperatures in a Carnot cycle. But there were difficulties with using such definitions for experimental work, since it was not possible even to approximate an ideal Carnot engine in reality. More generally, it is not trivial to connect an abstract concept with concrete operations in order to make physical measurements possible. In the end, Thomson argued that an ideal gas thermometer would indicate his absolute temperature, and that the deviation of actual gas thermometers from the ideal could be estimated by means of the Joule‐Thomson effect. However, the measurement of the Joule‐Thomson effect itself required measurements of temperature, so there was a problem of circularity. (shrink)

According to agency theory, agents base their economic decisions on self-interests when adverse selection conditions exist. However, cognitive moral development theory predicts that ethics/morals may influence decision-makers not to behave egoistically. Rutledge and Karim (1999; Accounting, Organizations and Society 24(2), 173–184) find both the moral reasoning level of the managers and an adverse selection condition affect a manager’s project evaluation decisions significantly. Since prior studies have shown that national␣culture might influence the application of agency theory in project evaluation, this current (...) study uses a different moral development measurement to reexamine Rutledge and Karim’s hypotheses in another culture. A total of 73 Taiwanese executive MBA students with an average of 12.17 years work experience participated in this study. We found that both moral development level and adverse selection conditions significantly affect managers’ project continuance decisions. The interaction effect of these two factors indicates that, when adverse selection conditions exist, participants with a high level of moral development exhibit less of a tendency to continue an unprofitable project than those with a low level of moral development. With subjects from a different culture, our results confirm the findings of Rutldege and Karim. That is, the effects of moral development and adverse selection conditions on managers’ project continuance decisions are robust and can be generalized to different cultures. Implications of the findings of this study to multinational firms are also discussed. (shrink)

Ethnomethodology is in trouble, its conceptual apparatus prone to indifference or misunderstanding both from "conventional" sociologists and from its own practitioners. This article describes some of these loci of confusion and suggests that they have a common root in the relationship between ethnomethodology and conventional sociology. Ethnomethodologists' desire to find a principled theoretical framework for dealing with this relationship is shown to be the common basis for subsequent confusion, and some of the corollaries of their putative solution(s) are elaborated with (...) regard to their philosophical and programmatic implications. Key Words: ethnomethodology • social constructionism • situated action • social structures. (shrink)

Scientific progress remains one of the most significant issues in the philosophy of science today. This is not only because of the intrinsic importance of the topic, but also because of its immense difficulty. In what sense exactly does science makes progress, and how is it that scientists are apparently able to achieve it better than people in other realms of human intellectual endeavour? Neither philosophers nor scientists themselves have been able to answer these questions to general satisfaction.

This book contains an introduction to symbolic logic and a thorough discussion of mechanical theorem proving and its applications. The book consists of three major parts. Chapters 2 and 3 constitute an introduction to symbolic logic. Chapters 4–9 introduce several techniques in mechanical theorem proving, and Chapters 10 an 11 show how theorem proving can be applied to various areas such as question answering, problem solving, program analysis, and program synthesis.

The focus of this paper is two-fold. First, similarities generated from six semantic models were compared to human ratings of paragraph similarity on two datasets—23 World Entertainment News Network paragraphs and 50 ABC newswire paragraphs. Contrary to findings on smaller textual units such as word associations (Griffiths, Tenenbaum, & Steyvers, 2007), our results suggest that when single paragraphs are compared, simple nonreductive models (word overlap and vector space) can provide better similarity estimates than more complex models (LSA, Topic Model, SpNMF, (...) and CSM). Second, various methods of corpus creation were explored to facilitate the semantic models’ similarity estimates. Removing numeric and single characters, and also truncating document length improved performance. Automated construction of smaller Wikipedia-based corpora proved to be very effective, even improving upon the performance of corpora that had been chosen for the domain. Model performance was further improved by augmenting corpora with dataset paragraphs. (shrink)

This article reports three experiments that investigated the relationship between working memory capacity and syllogistic and five-term series spatial inference. A series of complex and simple verbal and spatial working memory measures were employed. Correlational analyses showed that verbal and spatial working memory span tasks consistently predicted syllogistic and spatial reasoning performance. A confirmatory factor analysis showed that three factors best accounted for the data--a verbal, a spatial, and a general factor. Syllogistic reasoning performance loaded all three factors, whilst spatial (...) reasoning loaded only the general factor. The implications of these findings are discussed in the context of reasoning theories and contemporary accounts of the structure of working memory. (shrink)

This study derives an improved model of managers' decision-making behavior regarding possibly failing projects. Instead of adopting cognitive moral development used by Rutledge and Karim (Accounting, Organization and Society 24, 173-184, 1999) this investigation uses the agency theory framework to consider individual moral philosophy for the improvement of decisions regarding possibly failing projects. This research hypothesizes that a manager with low relativism has a stronger tendency to discontinue a possibly failing project than one with high relativism when agency problem are (...) present or absent. Also, this study suggests that a manager with high idealism has a stronger tendency to discontinue a possibly failing project than one with low idealism. Through experiments this work finds that agency problem is a significant factor on decisions regarding possibly failing projects in all circumstances. This result is consistent with prior literature and shows agency problem universality. Next, the empirical evidence supports the hypothesis that a project manager with low relativism tends to discontinue a possibly failing project more than one with high relativism, showing that individual moral philosophy can partially mitigate the phenomenon of escalating managers' commitment. (shrink)

What can we conclude from a mere handful of case studies? The field of HPS has witnessed too many hasty philosophical generalizations based on a small number of conveniently chosen case studies. One might even speculate that dissatisfaction with such methodological shoddiness contributed decisively to a widespread disillusionment with the whole HPS enterprise. Without specifying clear mechanisms for history-philosophy interaction, we are condemned to either making unwarranted generalizations from history, or writing entirely "local" histories with no bearing on an overall (...) understanding of the scientific process. I propose a move away from the habit of viewing historical cases as an inductive evidence-base for general philosophical theses. The relation between historical and philosophical studies should not be seen as one between the particular and the general, but as a relation between the concrete and the abstract. An abstract framework is necessary for telling any concrete story at all. In this paper I explore how doing concrete history can help our abstract philosophizing. In the absence of ready-made philosophical concepts appropriate for understanding a given historical episode, the historian is compelled to craft new abstract philosophical concepts. Therefore, history-writing can be a very effective method of philosophical discovery. I will illustrate these claims through a discussion of two investigations in HPS from my own recent and current work: (1) temperature measurement and epistemic iteration; (2)constitution and laboratory practices in the Chemical Revolution. (This will also raise, and solve, a problem of reflexivity: how can we use case studies to show how to go beyond case studies?). (shrink)

I develop a concept of observability that pertains to qualities rather than objects: a quality is observable if it can be registered by human sensation (possibly with the aid of instruments) without involving optional interpretations. This concept supports a better description of observations in science and everyday life than the object-based observability concepts presupposing causal information-transfer from the object to the observer. It also allows a rehabilitation of the traditional empiricist distinction between observations and their interpretations, but without a presumption (...) that observations are infallible. Using this concept of observability, I also propose a re-formulation of constructive empiricism that is easier to defend against realist attacks, while open to reasonable realist intuitions. (shrink)

CONTINUOUS MODEL THEORY CHAPTER I TOPOLOGICAL PRELIMINARIES. Notation Throughout the monograph our mathematical notation does not differ drastically from ...

Many of the experiments that produced the empirical basis of quantum mechanics relied on classical assumptions that contradicted quantum mechanics. Historically this did not cause practical problems, as classical mechanics was used mostly when it did not happen to diverge too much from quantum mechanics in the quantitative sense. That fortunate circumstances, however, did not alleviate the conceptual problems involved in understanding the classical experimental reasoning in quantum-mechanical terms. In general, this type of difficulty can be expected when a coherent (...) scientific tradition undergoes a theoretical upheaval. The problem may be circumvented through the use of phenomenological theory in experimentation during the period of theoretical instability. (shrink)

I propose a reformulation of realism, as the pursuit of ontological plausibility in our systems of knowledge. This is dubbed plausibility realism, for convenience of reference. Plausibility realism is non-empiricist, in the sense that it uses ontological plausibility as an independent criterion from empirical adequacy in evaluating systems of knowledge. Ontological plausibility is conceived as a precondition for intelligibility, nor for Truth; therefore, the function of plausibilty realism is to facilitate the kind of understanding that is not reducible to mere (...) description or prediction. Difficulties in making objective judgements of ontological plausibility can be ameliorated if we adhere to the most basic ontological principles. The workings of plausibility realism are illustrated through a detailed discussion of how one ontological principle, which I call the principle of single value, can be employed with great effect. Throughout the paper the discussion draws on concrete examples from the history of science. (shrink)

We conducted focus groups with 47 potential jurors who were presented with diferent scenarios in a hypothetical malpractice case involving failure to order a PSA test. Better documentation that a patient made an informed decision to decline a PSA test appeared to provide more medical-legal protection for physicians, especially with the use of a decision aid.

We continue our discussion of the competing arguments in favour of the unified theory and the pluralistic theory of radiation advanced by three nineteenth-century pioneers: Herschel, Melloni, and Draper. Our narrative is structured by a consideration of the epistemic criteria relevant to theory-choice; the epistemic focus highlights many little-known aspects of this relatively well-known episode. We argue that the acceptance of light-heat unity in this period cannot be credibly justified on the basis of common evaluative criteria such as simplicity and (...) standard notions of explanatory power. Whether the consensus was justified by some other criteria remains an open question.Keywords: Theory-choice; Epistemic values; Radiation; Simplicity; Explanatory power; Causal explanation. (shrink)

The ability to reason independently from one's own goals or beliefs has long been recognised as a key characteristic of the development of formal operational thought. In this article we present the results of a study that examined the correlates of this ability in a group of 10-year-old children ( N = 61). Participants were presented with conditional and relational reasoning items, where the content was manipulated such that the conclusion to the arguments were either congruent, neutral, or incongruent with (...) beliefs, and either logically valid or logically invalid. Participants also received a measure of working memory capacity (the counting span task) and a measure of inhibitory control (the stop signal task). Indices of belief bias and logical reasoning on belief-based problems were predicted independently by both measures. In contrast logical reasoning on belief neutral problems was predicted by working memory alone. The findings suggest that executive functions play a key role in the development of children's ability to decontextualise their thinking. (shrink)

This article reflects on important terms and concepts that constitute the cosmology of the Yijing: ji, tian, yin-yang , and the correlative aspects of temporality. These are familiar terms from the Yijing as well as other philosophical texts from ancient China. It begins with a comparative inquiry into Chinese and Greek attitudes toward time and then explores the related philosophical consequences. Although the ancient Chinese view of the world as temporal, processual, and relational may be found to be in contrast (...) with Greek substance-oriented philosophy, it is argued here that we should revise some commonly accepted interpretations of Chinese terms. Without adequate reflection on temporality and process, many important terms may be misconstrued as atemporal and substance-oriented, which would be alien to the sensibilities of East Asian traditions. Thus, it is attempted here to gauge the adequacy of the prominent existing interpretations of these terms and ideas while giving an account of how such interpretations may be revised to better recognize the role of temporality and process. Specifically, it is proposed that the interpretations given here accord best with a conception of time as a spiral trajectory, as opposed to either the cyclic or linear conceptions of time usually considered dominant in the Yijing and ancient Chinese philosophy. (shrink)

Abstract This study challenges Carol Gilligan's gendered interpretation of moral voice by examining the ways in which moral problems and responses were socially constructed in the contexts of power relations based not on gender, but culture. In?depth interviews were conducted with 30 mainland Chinese men and women studying in the United States regarding their lived experiences of moral conflict and choice. Out of these interviews, the problem of power emerged as a central moral concern in Chinese students? relationships with Americans. (...) These relationships were characterised by a dilemma of voice: the tension between an ethical imperative to keep silent to preserve vital yet hurtful power relations, and the moral need to speak out in defence of one's dignity and integrity. Students? responses to this dilemma varied with the nature of the power relationship itself: enjoining students to endure silently those abusive relationships which they felt powerless to change or exit, to abandon those which they could afford to leave, and to protest against those which they felt capable of challenging or even transforming. These findings underscore the situational nature of moral conflict and suggest that it is power??whether rooted in gender or culture??which is the critical dimension of human relationships for the interpretation of moral voice. (shrink)

This study explores both the negotiating styles and moral reasoning processes of business people and governmental officials in Taiwan, so as to provide a footing for outsiders when negotiating with Taiwanese over environmental concerns. Findings imply that Taiwanese business people and governmental officials can and will reason both at the conventional level and at the postconventional level of moral judgment. But, results of this study also indicate that Taiwanese negotiating styles do not necessarily match their levels of moral reasoning. With (...) respect to pollution concerns, Taiwanese seem unwillingly to accept responsibility as autonomous individuals. Instead, responsibility is accepted when mandated by the law. (shrink)

The article reviews recent developments in England in the law of necessity as a defence to crime and calls for its further extension. It argues that the defence of necessity presents the criminal law with difficult questions of competing values and the ordering of harms. English law has taken a nuanced position on the respective roles of the courts and the legislature in the ordering of harms, although the development of the law has been pragmatic rather than coherently theorised. The (...) law has granted necessity some scope as an exculpatory principle in the law of general defences, but it has also respected the primacy of the legislature as the legitimate arbiter of many of the competitions of value that necessity throws up. The recognition of necessity has not been in the form of a single unified defence of that name. Rather it has taken the form of a number of defences, based on a principle of necessity, but with different nomenclature and different rationales. This approach to necessity is defended as right in terms of principle and policy. Any further development of necessity as a general defence should be restricted to two contexts, namely those of emergencies, and of conflicts of duty, where a danger of death or serious injury is present. (shrink)