Community custom has played a limited but important role in the law of property. In addition to a few major historic examples such as mining camp rules and whaling, property law sometimes relies on community custom, for example in adverse possession, nuisance law, and beach access. This Article proposes an informational theory of custom in property law. Custom is subject to a communicative tradeoff in the law: all else being equal, informationally demanding customs require an audience with a high degree (...) of common knowledge. General customs already known throughout society do not require much extra publicity from the law, and the law can easily draw on such customs. By contrast, customs that vary by community raise the question of the need for processing by non-expert audiences, i.e., outgroup dutyholders and government officials. This tradeoff helps explain the differential receptiveness to various customs and the process by which they are formalized if they are adopted into the law. The information-cost theory suggests that enthusiasts and skeptics of custom have both tended to ignore this process. The theory is then applied to some suggestive evidence from grazing customs and the pedis possessio doctrine in mining law, under which miners have pre-discovery rights to the spot being worked. Finally, the information-cost theory of custom sheds some light on the history and controversies over the numerus clausus and on the question of baselines of property entitlements in the law of takings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant's Critique of Berkeley HENRY E. ALLISON THE CLAIMTHAT KANT'S IDEALISM,or at least certain strands of it, is essentially identical to that of Berkeley has a long and distinguished history. It was first voiced by several of Kant's contemporaries such as Mendelssohn, Herder, Hamann, Pistorius and Eberhard who attacked the alleged subjectivism of the Critique of Pure Reason. 1 This viewpoint found its sharpest contemporary expression in the (...) notorious Garve-Feder review to which Kant responded at length in the Prolegomena. In subsequent times it has been championed by Schopenhauer, and most nineteenth century German commentators on the relation between the two philosophers. 2 In addition, it has been, and continues to be, the prevailing view of the vast majority of British writers on Kant, including, with significant qualifications, Norman Kemp Smith. 3 This tradition continues despite the fact that Kant specifically, and in no uncertain terms, repudiated this identification in the Prolegomena and the second edition of the Critique. In both works he responds to the charges of subjectivism, and in so doing distinguishes his position from that of Berkeley, who in the eighteenth century was commonly regarded as a solipsist and denier of the "external world." 4 In contra-distinction to Kant's own critical or transcendental idealism, which explains the possibility of synthetic a priori knowledge within the realm of possible experience, Berkeley is characterized as a "dogmatic" or "visionary idealist." He is judged guilty of "degrading bodies to mere illusion" (B69), of regarding things in space as "merely imaginary entities" (B274), and of holding with all "genuine idealists" that: "all knowledge through the senses and experience is i Cf. Hans Vaihinger, Commentar zu Kant's Kritik der Reinen Vernunft (Stuttgart, Berlin, Leipzig, 1892), II, 494-505. Cf. Friederich Fredericks, Der Phainomenale Idealisraus Berkeley's und Kant's (Berlin, 1871); Robert Zimmerman, "Ober Kant's Widerlegung des Idealismus yon Berkeley" (Sitzungsberichte der Akademie der Wissenschaften, Vienna, Philox.-hist. Kl.), LXVIII (1871); Gustav Dieckert, tiber dos Verhiiltnis des Berkeleyschen ldealismus zu Kantischen Vernun]tkritik (Konitz, 1888). Tiffs is a consequence of the general British tendency to view Kant in phenomenalist terms. A typical recent example is found in P. F. Strawson, The Bounds of Sense (London, 1966). Kemp Smith in his Commentary to Kant's Critique o[ Pure Reason (2nd ed., rev., 1923) takes greaZ pains to distinguish between the subjectivist strand in Kant's thought, which is essentially identical to Berkeley's position, and the genuine critical doctrine which stands side by side with it in the text. 9 Cf. I-I.M. Bracken, The Early Reception of Berkeley's Materialism 1710-1733, rev. ed. (The Hague: Martinus Nijhoff, 1965). [43] 44 HISTORY OF PHILOSOPHY nothing but sheer illusion, and only in the ideas of pure understanding is there truth" (374). 5 One of the chief reasons for the continuation of the Kant-Berkeley tradition is that these, and similar statements about Berkeley, which we find in these works and in Kant's correspondenc e with Beck, have not been taken very seriously by Kant's critics. They are usually dismissed as obvious misinterpretations, due to Kant's ignorance of Berkeley's actual writings, and of his reliance upon distorted second and third hand accounts of Berkeley's thought such as is to be found in Beattie. Furthermore, this view is often supported by the philological reflection that Kant did not read English, and that Berkeley's writings were not yet available in German translation. 6 The philological argument, however, loses much of its force when we consider that there was indeed a German translation of Berkeley's Dialogues, which although apparently unknown to nineteenth century scholars, was readily accessible to Kant. This is to be found, together with a translation of Collier's Clavis Universalis and critical analyses, in a work by the professor of philosophy at Rostock, Johann Christian Eschenbach, entitled: Samlung der vornehmsten Schri[tsteller die die tFirklichkeit ihres eignen K~rpers und der ganzen Ki~rperwelt leugnen (Rostock, 1756). Furthermore, in addition to this work, which was probably known to Kant, there is Berkeley's important Latin work, De Motu (1721), as well as French translations of many of... (shrink)

Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work. Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, (...) intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law. (shrink)

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

I defend indirect perceptual realism against two recent and related charges to it offered by A. D. Smith and P. Snowdon, both stemming from demonstrative reference involving indirect perception. The needed aspects of the theory of demonstratives are not terribly new, but their connection to these objections has not been discussed. The groundwork for my solution emerges from considering normal cases of indirect perception (e.g., seeing something depicted on a television) and examining the role this indirectness plays in demonstrative (...) assertions. I argue that indirectness routinely if not typically plays a justificatory role in such judgements, and not a semantic one, and that the same can be said of such judgements when considered within the indirect realist framework. The denial of this, on my analysis, is essential to the criticisms of Snowdon and Smith. The discussion is extended to include scenarios involving the sorts of misconceptions Smith employs. (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature.

In his new book the eminent Kant scholar Henry Allison provides an innovative and comprehensive interpretation of Kant's concept of freedom. The author analyzes the concept and discusses the role it plays in Kant's moral philosophy and psychology. He also considers in full detail the critical literature on the subject from Kant's own time to the present day. In the first part Professor Allison argues that at the centre of the Critique of Pure Reason there is the foundation for (...) a coherent general theory of rational agency. The second part employs this account of rational agency as a key to understanding Kant's concept of moral agency and associated moral psychology. The third part focuses on Kant's attempt to ground both moral law and freedom in the Groundwork and the Critique of Practical Reason. This is a major contribution to the interpretation of Kant which will be of special interest to scholars and graduate students of Kant's moral theory. (shrink)

This book constitutes one of the most important contributions to recent Kant scholarship. In it, one of the pre-eminent interpreters of Kant, Henry Allison, offers a comprehensive, systematic, and philosophically astute account of all aspects of Kant's views on aesthetics. The first part of the book analyses Kant's conception of reflective judgment and its connections with both empirical knowledge and judgments of taste. The second and third parts treat two questions that Allison insists must be kept distinct: the normativity (...) of pure judgments of taste, and the moral and systematic significance of taste. The fourth part considers two important topics often neglected in the study of Kant's aesthetics: his conceptions of fine art, and the sublime. (shrink)

Henry E. Allison presents an analytical and historical commentary on Kant`s transcendental deduction of the pure concepts of the understanding in the Critique of Pure Reason. He argues that, rather than providing a new solution to an old problem, it addresses a new problem, and he traces the line of thought that led Kant to the recognition of the significance of this problem in his 'pre-critical' period. In addition to the developmental nature of the account of Kant`s views presented (...) here, two distinctive features of Allison's reading of the deduction are a defense of Kant`s oft criticized claim that the conformity of appearances to the categories must be unconditionally rather than merely conditionally necessary and an insistence that the argument cannot be separated from Kant`s transcendental idealism. (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

Henry Allison is one of the foremost interpreters of the philosophy of Kant. This new volume collects all his recent essays on Kant's theoretical and practical philosophy. All the essays postdate Allison's two major books on Kant, and together they constitute an attempt to respond to critics and to clarify, develop and apply some of the central theses of those books. Two are published here for the first time. Special features of the collection are: a detailed defence of the (...) author's interpretation of transcendental idealism; a consideration of the Transcendental Deduction and some other recent interpretations thereof; further elaborations of the tensions between various aspects of Kant's conception of freedom and of the complex role of this conception within Kant's moral philosophy. (shrink)

Henry E. Allison presents a comprehensive commentary on Kant's Groundwork for the Metaphysics of Morals. Allison pays special attention to the structure of the work and its historical and intellectual context. He argues that, despite its relative brevity, the Groundwork is the single most important work in modern moral philosophy.

This volume presents seventeen essays by one of the world's leading scholars on Kant. Henry E. Allison explores the nature of transcendental idealism, freedom of the will, and the concept of the purposiveness of nature. He places Kant's views in their historical context and explores their contemporary relevance to present day philosophers.

This essay argues that the key to understanding Kant's transcendental idealism is to understand the transcendental realism with which he contrasts it. It maintains that the latter is not to be identified with a particular metaphysical thesis, but with the assumption that the proper objects of human cognitions are “objects in general” or “as such,” that is, objects considered simply qua objects of some understanding. Since this appears to conflict with Kant's own characterization of transcendental realism as the view that (...) (mistakenly) regards appearances as if they were things in themselves, the essay explicates the connection between the concepts of an object (or thing) considered as such and a thing considered as it is in itself. In light of this, it maintains that Kant's transcendental idealism is compatible with a robust empirical realism and that many of its critics are tacitly committed to a misguided transcendental realism. (shrink)

This paper contains a critical analysis of the interpretation of Kant's second edition version of the Transcendental Deduction offered by Béatrice Longuenesse in her recent book: Kant and the Capacity to Judge. Though agreeing with much of Longuenesse's analysis of the logical function of judgment, I question the way in which she tends to assign them the objectifying role traditionally given to the categories. More particularly, by way of defending my own interpretation of the Deduction against some of her criticisms, (...) I argue that Longuenesse fails to show how either part of the two-part proof may be plausibly thought to have established the necessity of the categories (as opposed to the logical functions). Finally, I question certain aspects of her 'radical' interpretation of the famous footnote at B160-1, where Kant distinguishes between 'form of intuition' and 'formal intuition'. (shrink)

Although a good deal has been written about Kant's conception of free will in recent years, there has been no serious attempt to examine in detail the development of his views on the topic. This book endeavours to remedy the situation by tracing Kant's thoughts on free will from his earliest discussions of it in the 1750s through to his last accounts in the 1790s. This developmental approach is of interest for at least two reasons. First, it shows that the (...) path that led Kant to view freedom as a transcendental power that is both radically distinct from and compatible with the causality of nature was a winding one. Second, it indicates that, despite the variety of views of free will that Kant held at various times, the concept occupied a central place in his thought, because it was the point of union between his theoretical and practical philosophy. (shrink)

Henry E. Allison presents a comprehensive commentary on Kant's Groundwork for the Metaphysics of Morals . Allison pays special attention to the structure of the work and its historical and intellectual context. He argues that, despite its relative brevity, the Groundwork is the single most important work in modern moral philosophy.

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

SummaryThis paper is divided into two parts. The first sketches an interpretation of the thing in itself, the noumenon and the transcendental object which clarifies the connection between these conceptions and shows that each has a “critical” function. This is accomplished by linking them with transcendental reflection. It is shown that such reflection requires the distinction between two ways of considering an object and that “noumenon” and “transcendental object” characterize alternative descriptions of an object considered as it is in itself. (...) The second part deals with the problem of affection. Although the theory of “transcendental” or “double affection” is rejected, it is argued that affection, like objects, can be considered from two points of view . Thus, while there is no distinct event entitled “transcendental affection”, there is a transcendental consideration of affection. Moreover since such a consideration involves analytic judgments about how the affecting object must be thought, the appeal to categories such as causality does not violate “critical” structures. (shrink)

In the Critique of Pure Reason, Kant uses the notion of spontaneity to characterize both the ordinary epistemic activity of the understanding and the kind of causal activity required for transcendentally free agency. In spite of the obvious differences between these two conceptions of spontaneity, at one time Kant virtually identified them, since he licensed the inference from the spontaneity of thought manifest in apperception to the transcendental freedom of the thinker. By the mid-1700s, however, he abandoned that view, affirming (...) instead a sharp distinction between “logical freedom,” which pertains to acts of thought, and “transcendental freedom,” which supposedly pertains to acts of will. This distinction, if not the precise language in which it was originally expressed, remained an integral part of the “critical” philosophy. Moreover, although the topic of freedom is not discussed in the Paralogisms, Kant there insists on the illegitimacy of the attempt to derive any synthetic knowledge regarding the nature of the “thing which thinks” from the ‘I think’. (shrink)

In her reply to Gershom Scholem’s criticism of Eichmann in Jerusalem: A Report on the Banality of Evil, Hannah Arendt writes.

The first two sections of this paper are devoted respectively to the criticisms of my views raised by Stephen Engstrom and Andrews Reath at a symposium on Kant's Theory of Freedom held in Washington D.C. on 28 December 1992 under the auspices of the North American Kant Society. The third section contains my response to the remarks of Marcia Baron at a second symposium in Chicago on 24 April 1993 at the APA Western Division meetings. The fourth section deals with (...) some general criticisms of my treatment of Kant's theory of freedom and its connection with transcendental idealism that have been raised by Karl Ameriks, who was also a participant in the second symposium, in an earlier piece published in Inquiry and by Paul Guyer in a review. The paper as a whole is thus an attempt to reformulate and clarify some of the central claims of my book in light of the initial critical reaction. (shrink)

So considered, Hume is viewed as a naturalist, whose project in the first three parts of the first book of the Treatise is to provide an account of the ...

THE Concluding Unscientific Postscript is generally regarded as the most philosophically significant of Kierkegaard's works. In terms of a subjectivistic orientation it seems to present both an elaborate critique of the pretensions of the Hegelian philosophy and an existential analysis which points to the Christian faith as the only solution to the "human predicament." Furthermore, on the basis of such a straightforward reading of the text, Kierkegaard has been both vilified as an irrationalist and praised as a profound existential thinker (...) who has uncovered the only legitimate starting point for a philosophical analysis of the religious life and a Christian apologetic. (shrink)

This paper defends the thesis of the analyticity of the principle of apperception, as developed in the first part of the B-Deduction, against recent criticisms by Paul Guyer and Patricia Kitchen The first part presents these criticisms, the most important of which being that the analyticity thesis is incompatible with both the avowed goal of which being that the Deduction of establishing the validity of the categories and Üie account of apperception in the A-Deduction. The second part argues that Kant's (...) procedure in the B-Deduction of beginning with an abstract analysis of a discursive understanding, independentiy of its relation to the specifically human forms of sensibility, requires him to regard the principle as analytic and that this explains the difference from the A-Deduction. By appealing to the model of a deduction in Kant's moral theory and the two step in one proof structure of the B-Deduction, the third part argues that the analyticity thesis is in fact compatible with the goal of the Deduction. (shrink)