The concept of legal power is important in the law since, with regard to actions having legal effect, the “exercise of legal power” delimits those actions for which manifestation of intention to achieve a legal effect is essential for the effect to ensue. The paper proposes a definition that captures this feature of legal power and marks it off from “direct effect,” as well as from permissibility and practical ability to achieve the legal effect. This analysis of power is limited (...) to the “immediate” legal power of a physical person characterized by the power-holder achieving a legal result by the power-holder's own behaviour. It is argued that in the literature on power the concept of legal power is frequently construed in such a way that it becomes either too broad or too narrow. (shrink)
This classic edition presents the correspondence of one of the great thinkers of the 18th century, and offers a rich picture of the man and his age. This first volume contains David Hume's letters from 1727 to 1765. Hume's correspondents include such famous public figures as Jean-Jacques Rousseau, Adam Smith, James Boswell, and Benjamin Franklin.
In 'How Many Lives Has Schrödinger's Cat?' David Lewis argues that the Everettian no-collapse interpretation of quantum mechanics is in a tangle when it comes to probabilities. This paper aims to show that the difficulties that Lewis raises are insubstantial. The Everettian metaphysics contains a coherent account of probability. Indeed it accounts for probability rather better than orthodox metaphysics does.
David and Mary Norton present the definitive scholarly edition of Hume's Treatise, one of the greatest philosophical works ever written. This set comprises the two volumes of texts and editorial material, which are also available for purchase separately. -/- David Hume (1711 - 1776) is one of the greatest of philosophers. Today he probably ranks highest of all British philosophers in terms of influence and philosophical standing. His philosophical work ranges across morals, the mind, metaphysics, epistemology, religion, and (...) aesthetics; he had broad interests not only in philosophy as it is now conceived but in history, politics, economics, religion, and the arts. He was a master of English prose. -/- The Clarendon Hume Edition will include all of his works except his History of England and minor historical writings. It is the only thorough critical edition, and will provide a far more extensive scholarly treatment than any previous editions. This edition (which has been in preparation since the 1970s) offers authoritative annotation, bibliographical information, and indexes, and draws upon the major advances in textual scholarship that have been made since the publication of earlier editions - advances both in the understanding of editorial principle and practice and in knowledge of the history of Hume's own texts. (shrink)
It is widely assumed that the normativity of conceptual judgement poses problems for naturalism. Thus John McDowell urges that 'The structure of the space of reasons stubbornly resists being appropriated within a naturalism that conceives nature as the realm of law' (1994, p 73). Similar sentiments have been expressed by many other writers, for example Robert Brandom (1994, p xiii) and Paul Boghossian (1989, p 548).
The priority view has become very popular in moral philosophy, but there is a serious question about how it should be formalized. The most natural formalization leads to ex post prioritarianism, which results from adding expected utility theory to the main ideas of the priority view. But ex post prioritarianism entails a claim which is too implausible for it to be a serious competitor to utilitarianism. In fact, ex post prioritarianism was probably never a genuine alternative to utilitarianism in the (...) first place. By contrast, ex ante prioritarianism is defensible. But its motivation is very different from the usual rationales offered for the priority view. Given the untenability of ex post prioritarianism, it is more natural for most friends of the priority view to revert to utilitarianism. (shrink)
Jon Elster reports that in 1940, and again in 1970, the U.S. draft lottery was challenged for falling short of the legally mandated ‘random selection’. On both occasions, the physical mixing of the lots appeared to be incomplete, since the birth dates were clustered in a way that would have been extremely unlikely if the lots were fully mixed. There appears to have been no suspicion on either occasion that the deficiency in the mixing was intended, known, or believed to (...) favor or disfavor any identifiable group. If the selection was non-random in the way charged, Elster asks, was it unfair? (shrink)
Moral realism and antirealist-expressivism are of course incompatible positions. They disagree fundamentally about the nature of moral states of mind, the existence of moral states of affairs and properties, and the nature and role of moral discourse. The central realist view is that a person who has or expresses a moral thought is thereby in, or thereby expresses, a cognitive state of mind; she has or expresses a belief that represents a moral state of affairs in a way that might (...) be accurate or inaccurate. The view of antirealist-expressivism is that such a person is in, or expresses, a conative state of mind, one that consists in a certain kind of attitude or motivational stance toward something, such as an action or a person. Realism holds that moral thoughts have truth conditions and that in some cases these truth conditions are satisfied so that our moral thoughts are true. Antirealist-expressivism holds, to a first approximation, that the distinctive moral content of a moral thought does not have truth conditions. (shrink)
Does morality override self-interest? Or does self-interest override morality? These questions become important in situations where there is conflict between the overall verdicts of morality and self-interest, situations where morality on balance requires an action that is contrary to our self-interest, or where considerations of self-interest on balance call for an action that is forbidden by morality. In situations of this kind, we want to know what we ought simpliciter to do. If one of these standpoints over-rides the other, then (...) there is a straightforward answer. We ought simpliciter to act on the verdict of the overriding standpoint. For purposes of this essay, I assume that there are possible cases in which the overall verdicts of morality and self-interest conflict. I will call cases of this kind “conflict cases.” The verdict of morality in a conflict case would be a proposition as to what we ought morally to do, or as to what we have the most moral reason to do; the verdict of self-interest would be a proposition as to what we ought to do in our self-interest, or as to what action is best supported by reasons or considerations of self-interest. These propositions are action-guiding or normative in a familiar sense. The conflict between morality and self-interest in conflict cases is there-fore a normative conflict; it is a conflict between the overall verdicts of different normative standpoints. I take it that the question of whether morality overrides self-interest is the question of whether the verdicts of morality are normatively more important than the verdicts of self-interest. In due course, I will explain the idea of normative importance as well as the ideas of a normative proposition and of a reason. (shrink)
The question I shall attempt to address in what follows is an essentially historical one, namely: Why did analytic philosophy emerge first in Cambridge, in the hands of G. E. Moore and Bertrand Russell, and as a direct consequence of their revolutionary rejection of the philosophical tenets that form the basis of British Idealism? And the answer that I shall try to defend is: it didn't. That is to say, the ‘analytic’ doctrines and methods which Moore and Russell embraced in (...) the very last years of the nineteenth century were not revolutionary, did not emerge first in Cambridge, were the creation of neither Russell nor Moore and cannot be explained by appeal to facts concerning British Idealism. The adoption of the doctrines and methods which characterised the earliest manifestations of British analytic philosophy are to be explained neither by reference to anything specifically British, nor by appeal to anything unproblematically philosophical. Or so I shall argue. (shrink)
Criticized as a nostalgic anachronism by those who oppose her version of political theory and lauded as symbol of direct democratic participation by those who favor it, the Athenian polis features prominently in Hannah Arendt's account of politics. This essay traces the origin and development of Arendt's conception of the polis as a space of appearance from the early 1950s onward. It makes particular use of the Denktagebuch, Arendt's intellectual diary, in order to shed new light on the historicity of (...) one of her central concepts. The article contends that both critics and partisans of Arendt's use of the polis have made the same mistake: they have presumed that the polis represents a space of face-to-face immediacy. In fact, Arendt compared the polis to a series of analogues, many of which are not centered on direct exchanges between political actors and spectators. As a result, Arendt's early work on the polis turns out to anticipate many of the concerns of her later work on judgment, and her theory of the polis becomes a theory of topics. (shrink)
Consequentialism is often criticized for failing to accommodate impersonal constraints and personal options. A common consequentialist response is to acknowledge the anticonsequentialist intuitions but to argue either that the consequentialist can, after all, accommodate the allegedly recalcitrant intuitions or that, where accommodation is impossible, the recalcitrant intuition can be dismissed for want of an adequate philosophical rationale. Whereas these consequentialist responses have some plausibility, associational duties represent a somewhat different challenge to consequentialism, inasmuch as they embody neither impersonal constraints nor (...) personal options, but rather personal constraints. Our intuitions about associational duties resist capture within the intellectual net of consequentialism, and such duties do admit of a philosophical rationale at least as plausible as anything the consequentialist has to offer. (shrink)
Oxford Philosophical Texts Series Editor: John Cottingham The Oxford Philosophical Texts series consists of authoritative teaching editions of canonical texts in the history of philosophy from the ancient world down to modern times. Each volume provides a clear, well laid out text together with a comprehensive introduction by a leading specialist, giving the student detailed critical guidance on the intellectual context of the work and the structure and philosophical importance of the main arguments. Endnotes are supplied which provide further commentary (...) on the arguments and explain unfamiliar references and terminology, and a full bibliography and index are also included. The series aims to build up a definitive corpus of key texts in the Western philosophical tradition, which will form a reliable and enduring resource for students and teachers alike. David Hume's aim in writing An Enquiry concerning Human Understanding was to introduce his philosophy to a European culture in which many educated people read original works of philosophy. He gives an elegant and accessible presentation of strikingly original and challenging views about the limited powers of human understanding, the attractions of scepticism, the compatibility of free will and determinism, and weaknesses in the foundations of religion. Hume's philosophy was highly controversial in the eighteenth century and remains so today. The text printed in this edition is that of the Clarendon critical edition of Hume's works. A substantial introduction by the editor explains the intellectual background to the work and surveys its main themes. The volume also includes detailed explanatory notes on the text, a glossary of terms, a full list of references, and a section of supplementary readings. (shrink)
The principle that One cannot deliberate over what one already knows is going to happen, when suitably qualified, has seemed to many philosophers to be about as secure a truth as one is likely to find in this life.Fortunately, poses little restriction on human deliberation, since the conditions which would trigger its prohibition seldom arise for us: our knowledge of the future is intermittent at best, and those things of which we do have advance knowledge are not the sorts of (...) things over which we would deliberate in any case. But matters appear to stand otherwise with an all-knowing agent such as God is traditionally conceived to be; for what an omniprescient deity ‘already knows is going to happen’ is everything that is going to happen; and if He cannot deliberate over such things, there is nothing over which He can deliberate. (shrink)
David Enoch develops, argues for, and defends a strongly realist and objectivist view of ethics and normativity more broadly. This view--according to which there are perfectly objective, universal, moral and other normative truths that are not in any way reducible to other, natural truths--is familiar, but this book is the first in-detail development of the positive motivations for the view into reasonably precise arguments. And when the book turns to defend Robust Realism against traditional objections, it mobilizes the original (...) positive arguments for the view to help with fending off the objections. (shrink)
In 1929, doubtless to the discomfort of his logical positivist host Moritz Schlick, Wittgenstein remarked, ‘To be sure, I can understand what Heidegger means by Being and Angst ’ . I return to what Heidegger meant and Wittgenstein could understand later. I begin with that remark because it has had an instructive career. When the passage which it prefaced was first published in 1965, the editors left it out—presumably to protect a hero of ‘analytic’ philosophy from being compromised by an (...) expression of sympathy for the arch-fiend of ‘continental’ philosophy. It was as if a diary of Churchill's had been discovered containing admiring references to Hitler. This was the period, after all, when Heidegger was, as Michael Dummett recalls, a ‘joke’ among Oxford philosophers, the paradigm of the sort of metaphysical nonsense Wittgenstein had dedicated himself to exposing. (shrink)
Propositions are the referents of the ‘that’-clauses that appear in the direct object positions of typical ascriptions of assertion, belief, and other binary cognitive relations. In that sense, propositions are the objects of those cognitive relations. Propositions are also the semantic contents (meanings, in one sense ) of declarative sentences, with respect to contexts. They are what sentences semantically express, with respect to contexts. Propositions also bear truth-values. The truth-value of a sentence, in a context, is the truth-value of the (...) proposition that it semantically expresses, in that context. This much is common ground among many (but not all) philosophers. I accept other claims about propositions that are more controversial. Propositions (I hold) are Russellian: they are structured entities whose constituents include individuals, properties, and relations. The contribution of a proper name to the proposition that a sentence semantically expresses (in a context) is the referent of that name. Thus, the semantic content of ‘Bill Clinton’ is Bill Clinton himself, and the semantic content of ‘Bill Clinton smokes’ is a proposition whose constituents are Bill Clinton and the property of smoking (ignoring tense, as I shall do from here on). Such 1 singular propositions are among the objects of belief, assertion, and other cognitive relations. This combination of a Millian view about proper names with a Russellian theory of propositions might appropriately be called ‘Millian Russellianism’, or ‘MR’ for short. David Chalmers, in his stimulating paper “Probability and Propositions,” defines a closely related view, Referentialism, as follows (see also the penultimate paragraph of his introduction). Referentialist views say that insofar as beliefs are about individuals (such as Nietzche), the objects of these belief are determined by those individuals. On one such view, the objects of belief are Russellian propositions composed from the individuals and properties that one’s belief is about.. (shrink)
A stellar group of philosophers offer new works on themes from the great philosophy of Wittgenstein, honoring one of his most eminent interpreters David Pears. This collection covers both the early and the later work of Wittgenstein, relating it to current debates in philosophy. Topics discussed include solipsism, ostension, rules, necessity, privacy, and consciousness.
Characterizations of philosophy abound. It is ‘the queen of the sciences’, a grand and sweeping metaphysical endeavour; or, less regally, it is a sort of deep anthropology or ‘descriptive metaphysics’, uncovering the general presuppositions or conceptual schemes that lurk beneath our words and thoughts. A different set of images portray philosophy as a type of therapy, or as a spiritual exercise, a way of life to be followed, or even as a special branch of poetry or politics. Then there is (...) a group of characterizations that include philosophy as linguistic analysis, as phenomenological description, as conceptual geography, or as genealogy in the sense proposed by Nietzsche and later taken up by Foucault. (shrink)
What role, if any, should our moral intuitions play in moral epistemology? We make, or are prepared to make, moral judgments about a variety of actual and hypothetical situations. Some of these moral judgments are more informed, reflective, and stable than others ; some we make more confidently than others; and some, though not all, are judgments about which there is substantial consensus. What bearing do our moral judgments have on philosophical ethics and the search for first principles in ethics? (...) Should these judgments constrain, or be constrained by, philosophical theorizing about morality? On the one hand, we might expect first principles to conform to our moral intuitions or at least to our considered moral judgments. After all, we begin the reflection that may lead to first principles from particular moral convictions. And some of our moral intuitions are more fixed and compelling than any putative first principle. If so, we might expect common moral beliefs to have an important evidential role in the construction and assessment of first principles. On the other hand, common moral beliefs often rest on poor information, reflect bias, or are otherwise mistaken. We often appeal to moral principles to justify our particular moral convictions or to resolve our disagreements. Insofar as this is true, we may expect first principles to provide a foundation on the basis of which to test common moral beliefs and, where necessary, form new moral convictions. (shrink)
ABSTRACTThe ‘City of David’ in Silwan is on the original site of Jerusalem. Located in Israeli-occupied East Jerusalem, it is both an illegal Israeli settlement in a Palestinian neighbourhood and a popular international tourist destination. This article examines how the site is narrated by tour operators and tourists through fieldwork, interviews and analysis of tourist comments on the TripAdvisor site. It argues that Israeli settlers have successfully harnessed tourist discourse in order to present their vision of a Jewish Jerusalem (...) in which Palestinian existence is ignored or treated as a threat. The site allows tourists to connect to and experience a mythical biblical past, something which answers to tourist desires to have an authentic encounter with the destination culture. In the site’s narratives, the presence of Palestinians in the area is elided over through spatial and linguistic separation and by denying their legitimate presence. This indicates how the congruence between Zionist and tourist discourses discursively legitimises Israeli colonisation of Silwan. (shrink)
It is common to regard love, friendship, and other associational ties to others as an important part of a happy or flourishing life. This would be easy enough to understand if we focused on friendships based on pleasure, or associations, such as business partnerships, predicated on mutual advantage. For then we could understand in a straightforward way how these interpersonal relationships would be valuable for someone involved in such relationships just insofar as they caused her pleasure or causally promoted her (...) own independent interests. But many who regard love, friendship, and other associational ties as an important part of a happy or flourishing life suppose that in many sorts of associations—especially intimate associations—the proper attitude among associates is concern for the other for the other's own sake, not just for the pleasure or benefits one can extract from one's associates. It is fairly clear how having friends of this sort is beneficial. What is less clear is how being a friend of this sort might contribute to one's own happiness or well-being. Even if we can explain this, it looks as if the contribution that friendship makes to one's happiness could not be the reason one has to care for friends, for that would seem to make one's concern for others instrumental, not a concern for the other for her own sake. (shrink)
My own life.--A treatise of human nature (selections)--An inquiry concerning human understanding (selections)--An inquiry concerning the principles of morals (selections)--Of the standard of taste.--Dialogues concerning natural religion.
Kant's short essay is a reflection on the contemporary structure of academic studies; he examines this structure in terms of the functions of the State and of the Universities which form part of it. His analysis links the empirical facts with conceptual distinctions, in ways that are familiar from his more general and abstract philosophy. His main aim is to ground a distinction between legitimate and illegitimate ways in which different Faculties of the University may approach intellectual issues that are (...) of common interest to them. I then consider to what extent and how a Kantian analysis might be applied to our contemporary University situation. Despite the societal and intellectual differences between Kant's environment and ours, I argue that significant parallels exist between the two cases and that Kant's proposals and strictures for his own time have application for us today. (shrink)
This essay explains the inescapability of moral demands. I deny that the individual has genuine reason to comply with these demands only if she has desires that would be served by doing so. Rather, the learning of moral reasons helps to shape and channel self- and other-interested motivations so as to facilitate and promote social cooperation. This shaping happens through the “embedding” of reasons in the intentional objects of motivational propensities. The dominance of the instrumental conception of reason, according to (...) which reasons must be based in desires of the individual, has made it harder to recognize that reasons shape desires. I attempt to undermine this dominance by arguing that the concept of a self that extends over time is constructed to meet the demands of social cooperation. Prudential reasons to act on behalf of the persisting self's desires are often taken to constitute the paradigm of reasons based on desires of the individual. But such reasons, along with the very concept of the persisting self, are constructed to promote human cooperation and to shape the individual's desires. (shrink)
Locke defined a person as ‘a thinking intelligent being, that has reason and reflection, and can consider itself as itself, the same thinking thing, in different times and places” . To many who have been excited by the same thought as Locke, continuity of consciousness has seemed to be an integral part of what we mean by a person. The intuitive appeal of the idea that to secure the continuing identity of a person one experience must flow into the next (...) experience in some ‘stream of consciousoness” is evidenced by the number of attempts in the so-called constructionalist tradition to explain continuity of consciousness in terms of memory, and then build or reconstruct the idea of a person with these materials. The philosophical difficulty of the idea is plain from the failure of these attempts. Hindsight suggests this was as inevitable as the failure of the attempt to make bricks from straw alone—and as a failure just as uninteresting. Which is not to deny that the memory theorist might get from it a sense that some of the difficulties in his programme have arisen from his leaving flesh and bones, the stuff of persons, out of his construction. (shrink)