Kant argues that the “discipline” of reason holds us to public argument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for (...) reason's authority in all the provinces that rational beings inhabit. (shrink)

This book offers a philosophical interpretation of the historical debate between Bentham and classical Common Law Theory, a debate that is fundamental to philosophical thought and has shaped contemporary conceptions of nature, tasks, and limits of law and adjudication. The author explores the philosophical foundations of Common Law theory, focusing particularly on the writings of Sir Mathew Hale and David Hume.

I The Significance of Filial Responsibility The fifth statement of the Decalogue commands, "Honor thy father and mother, that thy days be long upon the land ...

‘A fool sees not the same tree that the wise man sees’, so wrote William Blake in his enigmatic ‘Proverbs of Hell’.1 Of course, in one sense, the wise man and the fool see the same tree – they dire...

This chapter contains section titled: Is and Ought Public Justification and the Principle of Utility Pestilential Nonsense: Rights, Justice, and Utility The Calculus of Pleasure Problems about Pleasure Interests Equality The Universal Interest References and further reading.

Kant argues that the “discipline” of reason holds us topublicargument and reflective thought. When we speak the language of reasoned judgment, Kant maintains, we “speak with a universal voice,” expecting and claiming the assent of all other rational beings. This language carries with it a discipline requiring us to submit our judgments to the forum of our rational peers. Remarkably, Kant does not restrict this thought to the realm of politics, but rather treats politics as the model for reason's authority (...) in all the provinces that rational beings inhabit. (shrink)

This chapter contains section titled: I Integrity: The Notion II Integrity and Justice III The Public Character of Justice IV Fidelity V Integrity and the Law Acknowledgement.

Bentham belongs to a long tradition of reflection on law according to which the nature of law can best be understood in terms of its distinctive contribution to the solution of certain deep and pervasive problems of collective action or collective rationality. I propose to take a critical look at Bentham's unique and penetrating contribution to this tradition. For this purpose I will rely on the interpretation of the main lines of Bentham's jurisprudence and its philosophical motivations which I have (...) developed inBentham and the Common Law Tradition. will not attempt further to defend it here. I wish, rather, to reflect on themes and arguments which this interpretation of Bentham's jurisprudence has uncovered. (shrink)

Some kinds of “fake news” bits on Saturday Night Live (SNL) become more meaningful when linked back to the work of media theorist Neil Postman. Postman's best‐known book, Amusing Ourselves to Death: Public Discourse in the Age of Show Business, argues that TV journalism will inevitably reflect the influences and biases of television itself. The result is an entertaining but incoherent stream of “disinformation” in a “peek‐a‐boo world” of unfocused and shallow discussion. Using Postman's arguments for structure and support here, (...) this chapter explores similar concerns reflected in the satirical news reporting of SNL. It shows that “Weekend Update” and other such pieces can ground key lessons that help us navigate our increasingly complex media environment, a point that Postman himself considers in his book's closing pages. As our media environment continues to change, it becomes helpful to see Postman's thesis as a valuable philosophical insight, and one that SNL's comedy can illustrate quite effectively. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 99-122, June 2022.

The essays in this volume offer a reassessment of Jeremy Bentham's strikingly original legal philosophy. Early on, Bentham discovered his 'genius for legislation' - 'legislation' included not only lawmaking and code writing, but also political and social institution building and engineering of public spaces for effective control of the exercise of political power. In his general philosophical work, Bentham sought to articulate a public philosophy to guide and direct all of his 'legislative' efforts. 0Part I explores the philosophical foundations of (...) his public philosophy: his theory of meaning and framework for analysis and definition of key concepts, his theory of human affections and motivations, and his utilitarian theory of value. It is argued that, while concepts of pleasure and happiness play nominal roles in his theory of value, concepts of publicity, equality, and interests emerge as the dominant concepts of his public philosophy. Part II explores several dimensions of Bentham's jurisprudence, including his radically revised command model of law, his early reflections on justice and law in adjudication, his theories of judicial evidence, constitutional rights, the rule of law, and international law. The concluding essay demonstrates the centrality of the notion of publicity in his moral, legal and political thought. Emerging from this study is a positivist legal theory and a utilitarian moral-political philosophy that challenge in fundamental ways contemporary understandings of those doctrines. (shrink)

Mandeville writes that it was said of Montaigne “that he was pretty well vers’d in the Defects of Man-kind, but unacquainted with the Excellencies of human Nature,” adding, “If I fare no worse, I shall think my self well used.” Mandeville transformed Montaigne’s suggestion into a methodology for his systematic attempt to “anatomize the invisible Parts of Man”. His tale of “the grumbling hive,” and his extensive commentary on it, were designed to demonstrate that “if Mankind could be cured of (...) the Failings they are Naturally guilty of, they would cease to be capable of being rais’d into such vast, potent and polite Societies, as they have been”. (shrink)

Nowhere has H.L.A. Hart's influence on philosophical jurisprudence in the English-speaking world been greater than in the way its fundamental project and method are conceived by its practitioners. Disagreements abound, of course. Philosophers debate the extent to which jurisprudence can or should proceed without appeal to moral or other values. They disagree about which participant perspective—that of the judge, lawyer, citizen, or “bad man”—is primary and about what taking up the participant perspective commits the theorist to. However, virtually unchallenged is (...) the view that jurisprudence is fundamentally interpretive or “hermeneutic”; that it takes for its subject a certain kind of social practice, constituted by the behavior and understandings of its participants; that its task is to explain this practice and its relations to other important social practices; and that it can properly be explained only by taking full account of participant understandings. It is, perhaps, some measure of the hegemony of Hart's influence that Ronald Dworkin mounts his fundamental challenge to Hart's positivism squarely from within this jurisprudential orthodoxy. Dworkin may have exceeded the limits of the method as Hart conceived it, but, as Stephen Perry has argued, “the seeds of Dworkin's strong version of inter-pretivism were sown by Hart himself.”. (shrink)

Law bends the past of a community's common life towards its future. Precedent is one of law's favored tools for doing the bending, and legal systems that assign precedent a starring role seem especially mindful of time. Yet, mindfulness of time goes far deeper into law's DNA. It is not limited to the doctrine of precedent or unique to common‐law jurisdictions. Recognizing that time is an elemental dimension of human experience and basic ordering principle of practical agency, law utilizes and (...) orders time. Temporality is essential to law's distinctive mode of governance and guidance. (shrink)

When they abandoned the analytic-synthetic distinction, analytic philosophers substituted for it uncritical appeals to thought experiments or conceivability arguments. Although the history of philosophy is replete with thought experiments, medieval and early modern philosophers developed sophisticated theories concerning what governs what happens in thought experiments. By contrast, contemporary philosophers subscribe to the thesis of facile conception according to which casual allegations of conceivability or inconceivability are taken as good evidence of possibility or impossibility. Philosophers need to adopt standards of thought (...) experimentation like those found in science and to ground them in a general theory of conceivability. (shrink)

This article consists of an annotated edition and translation of a previously unpublished Latin letter to G. J. Vossius from Christianus Ravius, refuting the accusation made by Johann Seyffert in his pamphlet attacking Grotius, Classicum Belli Sacri adversus Hugonem Grotium Papistam , that Grotius, while representative of the Swedish government in Paris, had advised Ravius to convert to Catholicism. The historical introduction outlines the details of and probable reasons for Seyffert's published attacks on Grotius, Grotius's attitude towards those attacks , (...) and the implications for his relationship with the Swedish government and Baron von Degenfeld, commander of the German Protestant mercenary soldiers in the service of the French crown. It also recounts what is known of Ravius's stay in Paris during which he met Grotius, and raises the question why Ravius delayed making a response to Seyffert until well after Grotius was dead. (shrink)

The basic concept of Bentham's moral and political philosophy was public utility. He linked it directly with the concept of the universal interest, which comprises a distinctive partnership of the interests of all members of the community. The ultimate end of government and aim of all of morality is ‘the advancement of the universal interest’. This essay articulates the structure of Bentham's notion of universal interest and locates it in his theory of value.

Gerald J. Galgan's collection of essays speaks in several philosophical voices. He explores the relationship between a metaphysical and epistemological language and follows the transition from the medieval Christian Book of Nature to the modern conception of subjectivity.

Much of Grünbaum's work may be regarded as a careful development and systematic elaboration of the Riemann-Poincaré thesis of the conventionality of congruence, the thesis that the continuous manifolds of space, time, and space-time are intrinsically metrically amorphous, i.e. are devoid of intrinsic metrics. Therefore, to appreciate Grünbaum's philosophical contributions, one must have a clear understanding of what he means by an intrinsic metric. The second and fourth sections of this paper are exegetical; in them we try to piece together, (...) from his sundry remarks about intrinsic metrics, what Grünbaum means by the term 'intrinsic metric.' We shall argue that, the customary carefulness and precision of Grünbaum's writings notwithstanding, there are residual unclarities and difficulties which beset his conception of an intrinsic metric. In the fifth section we shall propose an explication of Grünbaum's notion of an intrinsic metric which seems on the whole faithful to Grünbaum's intuitions and insights and which also seems capable of performing the philosophical services which his work demands of that notion. The third section is a digression on Zeno's metrical paradox of extension. (shrink)

The thesis of this essay is that social conventions of the kind Lewis modeled are generated and maintained by a form of practical reasoning which is essentially common. This thesis is defended indirectly by arguing for an interpretation of the role of salience in Lewis’s account of conventions. The remarkable ability of people to identify salient options and appreciate their practical significance in contexts of social interaction, it is argued, is best explained in terms of their exercise of what I (...) call “salience reasoning,” a form of common practical reasoning. The more widely accepted understanding of salience competence, the “natural salience” understanding, fails as an interpretation of the notion at work in Lewis and Schelling (on whom Lewis relied) and is inadequate as an explanation of salience competence. (shrink)

Catholic moral theology possesses a number of tools that can be employed to promote worker justice. Some of these tools, such as Catholic social teaching on solidarity and workers’ rights, have been used to this end before. However, advocates of workers’ rights have seldom utilized other concepts, such as cooperation in evil, scandal, and evangelization. This essay provides a theoretical introduction to several tools in the “toolkit” of Catholic ethicists, engaging contemporary scholarship on them. It then applies the concepts to (...) two cases in order to demonstrate their usefulness in the struggle for worker justice. Both cases involve Catholic universities, which means the ethical concepts introduced from the Catholic moral tradition should have normative status for these institutions. The first case entails a divestment campaign at the University of Notre Dame. The second case confronts the unjust treatment of adjunct faculty members at Catholic colleges and universities. (shrink)