Although risky decision-making has been posited to contribute to the maladaptive behavior of individuals with psychopathic tendencies, the performance of psychopathic groups on a common task of risky decision-making, the Iowa Gambling Task (IGT; Bechara, Damasio, Damasio, & Anderson, 1994), has been equivocal. Different aspects of psychopathy (personality traits, antisocial deviance) and/or moderating variables may help to explain these inconsistent findings. In a sample of college students (N = 129, age 18–27), we examined the relationship between primary and secondary psychopathic (...) features and IGT performance. A measure of impulsivity was included to investigate its potential as a moderator. In a joint model including main effects and interactions between primary psychopathy, secondary psychopathy and impulsivity, only secondary psychopathy was significantly related to risky IGT performance, and this effect was not moderated by the other variables. This finding supports the growing literature suggesting that secondary psychopathy is a better predictor of decision-making problems than the primary psychopathic personality traits of lack of empathy and remorselessness. (shrink)

​This book is the first sustained scholarly account of women and goddesses in presocratic philosophy. It approaches the origin of western philosophy via Nietzsche, Feminism, and Embodied Cognition in order to argue that the presocratics were reviving, within the largely patriarchal and death-glorifying culture of archaic Greece, a paleo/neolithic goddess-centered religiosity that affirmed life and rebirth. By taking readers from prehistoric Europe to classical Athens, Joseph I. Breidenstein Jr. provides a novel narrative of the dawn of western philosophy which (...) is more comprehensive than traditional accounts and which helps us address contemporary problems—the patriarchal attitudes and ideas that continue to corrupt academic-philosophical culture; the fascist-dominator lifestyle that continues to threaten western democracy and which is encouraged by the patriarchal aspects of academia; and the consumerism that continues to result from a materialistic-secular paradigm that is being increasingly recognized as both intellectually untenable and socially unsustainable. (shrink)

Although Descartes has in some ways become a symbol of academic isolation, we can dispel this misunderstanding by taking into consideration the holistic nature of Cartesian philosophy. Descartes understood the various branches of philosophy as constituting an organic totality of knowledge that, because of its dependence on imagination and sensation, remains irreducible to intellectual comprehension. Ethics holds a particularly significant place in Cartesian philosophy, and this essay both demonstrates the spiritual nature of Cartesian ethics and explains why Descartes saw ethics (...) as “the ultimate degree of wisdom” so as to illustrate how we can interpret Cartesian philosophy as a spiritual practice. This takes place through a discussion of the distinctions and interconnections of Descartes’s three primary notions (soul, body, and the union of soul and body) and concludes by reflecting on the specific temporality of nobility as well as addressing several objections to Cartesian ethics. (shrink)

Although Descartes has in some ways become a symbol of academic isolation, we can dispel this misunderstanding by taking into consideration the holistic nature of Cartesian philosophy. Descartes understood the various branches of philosophy as constituting an organic totality of knowledge that, because of its dependence on imagination and sensation, remains irreducible to intellectual comprehension. Ethics holds a particularly significant place in Cartesian philosophy, and this essay both demonstrates the spiritual nature of Cartesian ethics and explains why Descartes saw ethics (...) as “the ultimate degree of wisdom” so as to illustrate how we can interpret Cartesian philosophy as a spiritual practice. This takes place through a discussion of the distinctions and interconnections of Descartes’s three primary notions (soul, body, and the union of soul and body) and concludes by reflecting on the specific temporality of nobility as well as addressing several objections to Cartesian ethics. (shrink)

The externalist examples of Burge, Putnam etc. were offered as examples of how it is physically identical twins can differ in mental states such as belief, and little attention was paid to the interpretations the twins impose on their respective acoustic inputs. The received story today is that this form of interpretation—the semantic reading one assigns the sounds one hears—is the product of inference. The problem for this inferential model is simple to state: though the twins are physical doppelgangers and (...) don't differ in their acoustic inputs, they differ in the interpretations they impose on their respective inputs. I argue that the inferential model does not allow for how it is the twins arrive at these different interpretations. And, since the externalist examples are compelling, this tells against the inferential model. (shrink)

Christian Platonism and Divine Simplicity remain the most commonly discussed views with respect to the way in which Christians ought to conceive of God’s nature and properties. In this essay, I suggest that we ought to consider seriously two versions of a quite different view, namely, what I call “the Nominalized Composite God View.” Both versions of the Nominalized Composite God View share two features: (1) they treat God as metaphysically composite, in opposition to Divine Simplicity, and (2) they deny (...) that God has God’s properties in virtue of instantiating abstractly existing universals, in opposition to Christian Platonism. (shrink)

This paper considers the problem of closeness in the ethical use of intention. In section I, attempts inspired by Anscombe to use a “coarse grained” understanding of intention, to deal with certain difficult cases, are rejected. In section II it is argued that the difficult cases can be addressed using other moral principles. In section III a more detailed account of intention is set out, analysing intention as a reason for action, and in section IV two paradoxes apparently created by (...) this account are addressed: on the contrast between intentions and intentional action, and the difference between killing a group of people together or individually. In section V another set of cases is considered, to test how this account of intention handles the intention of harm. Section VI considers the objection that an agent may cause what is a harm without intending it as a harm. (shrink)

Focusing on episodes of student-generated and -sustained talk during document-based disciplinary history discussions, this study explored what teacher candidates prioritize and value about social studies discussions, and how these priorities align with their actions and goals as facilitators. Using a complex systems-based model, we investigated candidates’ goals as they planned for, facilitated, and reflected upon student sensemaking relative to three common orientations for social studies discussions: disciplinary history, participatory civics, and critical literacy. Findings revealed that candidates employed elements from all (...) three orientations, yet without clear alignment to any particular approach. This misalignment reflected tensions between candidates’ stated goals, beliefs about student engagement, and instructional decisions. We draw implications for teacher education to support candidates in developing coherent practices for discussion facilitation that align with their instructional visions and sociocultural contexts. (shrink)

Autobiographical essays can be an indulgence. Often self-congratulatory and low on self-reflection, they seldom serve a purpose other than to stoke nostalgia. So when given this opportunity to write about my life in medicine and bioethics, I decided I would take stock, and not simply celebrate whatever accomplishments I might have had. Rather, I would use this opportunity to look for themes that linked the decades together. My hope was that the process might assemble the mosaic that has been my (...) life into a discernible pattern that could only be seen from a distance, and from the vantage of historical reflection. Maybe, if I was lucky, past would be prologue, and I would learn something that might help me script the... (shrink)

It is widely accepted among philosophers that neuroscientists are conducting a search for the neural correlates of consciousness, or NCC. Chalmers conceptualized this research program as the attempt to correlate the contents of conscious experience with the contents of representations in specific neural populations. A notable claim on behalf of this interpretation is that the neutral language of “correlates” frees us from philosophical disputes over the mind/body relation, allowing the science to move independently. But the experimental paradigms and explanatory canons (...) of neuroscience are not neutral about the mechanical relation between consciousness and the brain. I argue that NCC research is best characterized as an attempt to locate a causally relevant neural mechanism and not as an effort to identify a discrete neural representation, the content of which correlates with some actual experience. It might be said that the first C in “NCC” should stand for “causes” rather than “correlates.”. (shrink)

It is commonly believed that parents have special duties toward their children—weightier duties than they owe other children. How these duties are acquired, however, is not well understood. This is problematic when claims about parental responsibilities are challenged; for example, when people deny that they are morally responsible for their biological offspring. In this paper I present a theory of the origins of parental responsibilities that can resolve such cases of disputed moral parenthood.

My aim in this paper is to illustrate the significance of hope (elpis, elpizein) in Plato’s Philebus and to indicate topics under this heading that invite further investigation. Even though there is some scholarship treating the issue of hope in the Philebus, there is no study solely devoted to this topic. By providing such a study I intend to fill this lacuna and to show that examining this topic is valuable because it develops our understanding of the good life. In (...) this essay I maintain that the Philebus defines hope as (1) a pleasure of the soul that (2) anticipates pleasure as certain, (3) may be true or false, (4) may be pure or impure, and (5) involves memory. I proceed chronologically through the Philebus’s discussions of hope and make every effort to treat each of the aforementioned components of the definition separately. In so doing I explain why certain topics, such as the relationship between pure intellectual hope and philosophical activity, invite further investigation. (shrink)

In this article I argue against the claim that “actual entity” and “actual occasion” are synonymous in Whitehead. My examination of these terms will help to illuminate the role of “society” in Whitehead’s philosophy and to prepare the way for a fruitful comparison of process thought and contemporary systems theory in the sciences.

Concerning evidence there are two important questions: (1) what is going to count as evidence? and (2) what are the appropriate means for employing evidence? These two problems pervade the analysis of the scientific process. They are with us as much today as in Galileo’s time. For example, with respect to contemporary arguments between Evolutionists and Scientific Creationists, if the issue is taken in its cognitive rather than its political dimension, the entire discussion turns on the criteria for acceptable, evidence, (...) i.e, the heart of the problem is disagreement over the status of the data one wants to invoke as evidence.Many of the disputes between Galileo and his philosophical, interlocutors in his Dialogue on the Two Chief World Systems turn on some of the same issues that bedevil the debate between evolutionists and creationists, i.e., what is going to count as evidence? (shrink)

Wilfrid Sellars attempts to deflect traditional objections to the straight rule of inductive acceptance by embedding it in a complicated system of levels. This system rests on a theory of probability in which the meaning of "probable" is reconstructed in the context of Sellars' general theory of practical reason. To say a statement is probable means, according to Sellars, that there is good reason for accepting the statement as true. In this paper I examine Sellars' attempt to resuscitate the straight (...) rule and conclude that not only does he fail, but his account of "probable" is circular. (shrink)

Currently, there is a focus in science education on preparing students for lives as innovative and resilient citizens of the twenty-first century. Key to this is providing students with opportunities, mainly through inquiry processes, for discovery making and developing their creative reasoning by bringing school science closer to authentic science. I propose, building on the work of Woods, Magnani and the authors of a 2005 special issue of Educational Philosophy and Theory on Peirce, that these efforts can be advanced through (...) the adoption of a Peircean logic of discovery in the science classroom. I further suggest that this can only take place if a classical logic that frames school science, which deems abduction—the creative element of reasoning that drives discovery—as fallacious and not valuable as an inference making process, is replaced with a naturalised logic. Such a logic positions students as practical, not ideal agents of reasoning who in their hypothesis making are inferential-experts... (shrink)

The divisions emanating from the Eurozone crisis have led political realists to argue that European identity should be conceived of via “basic legitimation demand” that prioritizes the creation of order in backward-looking, non-utopian terms. In contrast, I suggest that Europe would do better by building an ethically-constitutive “story of peoplehood” that looks both backward and forward. I argue that the EU should build on the ideals drawn from the continent’s shared past as well as its desire to retake control from (...) the global economic forces that threaten democratic political sovereignty in the twenty-first century. (shrink)

In this paper, I examine the philosophical foundations of the regulation of edible things with particular emphasis on interpretations of the ontological relationship between the categories of 'food' and 'drugs.' To illustrate the diversity of possible approaches to the regulation of food and drugs and their correlative ontological commitments, I focus on two different examples: the United States Food and Drug Administration's Dietary Supplement Health and Education Act and the development of India's Ministry of Ayurveda, Yoga and Naturopathy, Unani, Siddha, (...) and Homeopathy. In my examination of these two regulatory bodies, my goal is not to provide a universal or absolute answer as to how the food-drug relationship ought to be interpreted or codified within regulatory policy. Rather, I aim to provide support for the following claims: these regulatory policies are undergirded by philosophical assumptions regarding the ontological relationship between the categories of food and drugs, the regulatory structure of the US Food & Drug Administration rests on a dichotomous interpretation of the food-drug relationship, India's Ministry of AYUSH rests on an interpretation of the food-drug relationship that understands the categories of 'food' and 'drugs' as overlapping with one another, and each of these approaches to the regulation of edible things has unique advantages and disadvantages that ought to be recognized and evaluated in developing and revising policy for the regulation of edible things. (shrink)

The conjunction of process and reality is familiar from the original theory of A. N. Whitehead and the subsequent development of process philosophy and metaphysics by Nicholas Rescher. Classical logic, however, is either ignored or stated to be inappropriate to a discussion of process. In this paper, I will show that the value of a process view of reality can be enhanced by reference to a new, transconsistent logic of reality that is grounded in the physical properties of energy in (...) its various forms. These properties justify a principle of dynamic antagonism or opposition that explicates the phenomena of change at all levels of reality. It can be, accordingly, a preferred logic for understanding the dynamics of real processes. (shrink)

In his recent book Scientific Explanation and the Causal Structure of the World Wesley Salmon provides a detailed explication of objective homogeneity, a concept which is central to his Statistical-Relevance (S-R) model of explanation. One of the purposes of Salmon’s explication is to refute Hempel’s thesis of the epistemic relativity of statistical explanation. According to this thesis “the concept of statistical explanation for particular events is essentially relative to a given knowledge situation” (Hempel 1965, pp. 402-403, quoted in Salmon 1984, (...) p. 48). Salmon introduces (1984, p. 55) the concept that forms the basis for his S-R model as follows: “A reference class A is homogeneous with respect to an attribute B provided there is no set of properties Ci (1 ≤i ≤ k; k ≥ 2) in terms of which A can be relevantly partitioned. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comparing Eckhartian and Zen1 Mysticism2Jijimon Alakkalam JosephMeister Eckhart (ca. 1260–1328?), often referred to as “the man from whom God hid nothing,” is one of the great Christian theologians and philosophers of all time. But it is as a mystic that Eckhart is generally known. So any serious study of mysticism, in our times, cannot overlook this Dominican whose birth, childhood, and death remain obscure to this day.3 About the (...) age of eighteen, he probably entered the Dominican order. He was trained at the universities of Cologne and Paris. After completing his higher studies in theology at Paris, twice he was appointed as Paris magister (i.e., lesemeister or master)—in 1302 and in 1311—a rare honor, until then given only to Thomas Aquinas, whose teaching influenced him.After completing his second term as Paris magister, in 1313, he was called to function as the special vicar for the Dominican master general. From 1314 to 1326 Eckhart lived and worked first in Strasburg and then in Cologne, where he served as a spiritual guide for many Dominican nuns, also for Beguines. It was there Eckhart plunged into a life of a preacher and spiritual guide (lebemeister). His academic accomplishments, the positions he held, and the sermons he preached bear witness to his influence on Christian theology, philosophy, and mysticism.During the nineteenth and twentieth centuries, as the Occident came in contact with Oriental religious traditions, Eckhart’s theology and mysticism were suddenly seen in a new light. His daring insistence on the transcendence of the Godhead, his central theme of the union of God and the soul, his genius for apophatic theology, and so on were considered as the European parallel to the metaphysics of Asian religious traditions, especially Vedanta and Mahāyāna Buddhism.Of all the Christian mystics, Eckhart perhaps comes closest to Asian religions such as Hinduism and Buddhism, especially the Mahāyāna tradition. Scholars like the late Ananda K. Coomaraswamy saw Eckhart as a bridge between Hinduism and Christianity, and called Eckhart’s sermons the “Upanishad of Europe.”4 Eminent Japanese Zen Buddhist scholar D. T. Suzuki considered Eckhart to be an “extraordinary” Christian, saying that Eckhartian mystical thoughts “closely approached Buddhist [End Page 91] thoughts, so closely indeed, that one could stamp them almost definitely as coming out of Buddhist speculations.”5A plethora of writings have compared Eckhartian mysticism with Zen, which has its basis on the Mahāyāna tradition. In this paper I will highlight some of those already discussed comparisons and explore a few more areas that could serve as a jumping-off point for the dialogue between these two mysticisms, especially in the Asian context. My point is not that these two mystical traditions are totally identical. Differences do exist. But I will only make a very brief mention of them because as a novice researcher of comparative religion my interest is to delve deeper into religious traditions of the world to discover those teachings that unite them.godhead and buddha-natureIn Eckhartian mysticism, ultimate reality is called Godhead, which he distinguished from God. “The Godhead is for Eckhart, … an expression for the character of the Highest Being.”6 Godhead “includes both existence and the existing subject.”7 Godhead is being itself. Godhead is “pure Being,” “completely ‘fashionless,’ without … mode of being,” “above all conceptions and conceptual differentiations, and so beyond all comprehending and apprehending.”8 “It is not only beyond being, beyond goodness, but the ‘supra-Being’ and the ‘supra-Good.’”9 “It is neither conscious nor self-conscious … It is beyond the contrast of subject and object, knower and known, yet it is above and not below this contrast.”10 For Eckhart, “this highest Godhead is … the absolute ‘One.’”11 “Is-ness”12 is another term used by Eckhart for Godhead. He uses “is-ness” as “an abstract noun to draw our attention to the primordial existence that every existent thing and every predication about existent things presupposes.”13For Eckhart, “Intellect” is the privileged term for Godhead. God is the “pure intellect.”14 “The One, being, and intellect, the three most important concepts in Eckhart’s understanding of God... (shrink)

“That's my dad on the floor.”And there he was unconscious in a pool of blood in the bathroom. A paramedic who had accompanied him to the john was holding him off the ground, the USMC tattoo on his forearm cradling his head. My sister shrieked, and I went down on my knees to see about his airway. “We need a doctor here. Cardiac Team!” Could this really be happening to him? To us? Jesus Christ.

Wittgenstein’s early philosophy of language is shaped by his attention to Parmenides’ paradox of false propositions and the problem of the unity of the proposition. Wittgenstein (dis)solves these two (pseudo)problems through his discussion of the “internal pictorial relation” between propositions and states of affairs, which is an artifact of language and the world being “constructed according to a common logical pattern” (TLP 4.014). After examining these issues, I argue that this treatment points to a further problem, namely, the question of (...) the agency responsible for this construction, and in the paper I briefly explore this byconsidering a parallel set of problems as they arise for Kant. For Kant, the question is what guarantees that nature conforms to our concepts and their logic, which he answers through his account of the normative authority we exercise in our cognitive activities. Wittgenstein, I argue, faces a parallel question, which he fails to face in his early work, and only begins to address in his later work on rule-following. (shrink)

The problem at the core of this ethical study is how Existentialist Ethics comprises the absolute character of obligation and how it is able to join the ethical postulate to the conrete situation without losing the absolute. Kariuki is chiefly interested in Sartre because he presents, in a most logical fashion, a model of Realistic Ethics that excludes all transcendence. At the same time, Kariuki shows the similarity between Sartre and A.I. Melden.

For almost a decade, I have taught an undergraduate course on death and dying and have served as an ethics consultant in an academic medical center where I support patients and families navigating difficult end-of-life decisions. Chapters from Elisabeth Kübler-Ross's On Death and Dying, Sherwin Nuland's How We Die, and Atul Gawande's Being Mortal are required reading in my course because these physician-writers offer detailed, firsthand stories that help readers imagine the places and faces of dying patients and their families. (...) Respectively, these authors teach us about patients' changing perceptions about their own deaths, the physio-cultural shapes of the dying process, and the fraught... (shrink)

In our papers on the rationality of magic, we distinghuished, for purposes of analysis, three levels of rationality. First and lowest (rationalitYl) the goal directed action of an agent with given aims and circumstances, where among his circumstances we included his knowledge and opinions. On this level the magician's treatment of illness by incantation is as rational as any traditional doctor's blood-letting or any modern one's use of anti-biotics. At the second level (rationalitY2) we add the element of rational thinking (...) or thinking which obeys some set of explicit rules, a level which is not found in magic in general, though it is sometimes given to specific details of magical thinking within the magical thought-system. It was the late Sir Edward E. Evans-Pritchard who observed that when considering magic in detail the magician may be as consistent or critical as anyone else; but when considering magic in general, or any system of thought in general, the magician could not be critical or even comprehend the criticism. Evans-Pritchard went even further: he was sceptical as to whether it could be done in a truly consistent manner: one cannot be critical of one's own system, he thought. On this level (rationalitY2) of discussion we have explained (earlier) why we prefer to wed Evans Pritchard's view of the magician's capacity for piece-meal rationality to Sir James Frazer's view that magic in general is pseudo-rational because it lacks standards of rational thinking. (shrink)

This paper engages with radical democratic theory in light of the so-called ‘return of the people’ taking place in contemporary political discourse. I argue that the return of the people should not be seen only as a return of politics strictly speaking, but also as a process by which elements of the social that had previously been excluded from politics enter the political sphere. Framing the problem in this way calls for a view to how politics is circumscribed, distinguished from (...) the social but also, at various moments, broken open. At the same time, I call for paying increased attention to how the notion of the people takes shape beyond the political sphere, off the metaphorical political stage. By examining how the people is constructed in cultural and social movements, off the political stage, we can better understand the form taken by the people when it appears in politics. (shrink)

Shaftesbury is widely regarded as an early champion of sentimentalism in ethics, yet no one appears to have succeeded at stating, in terms congenial to modern moral philosophy, a theory of ethics which can appropriately be ascribed to him. Two themes of his doctrine of fellow feeling, I argue, contain implicitly the two basic principles of his ethical system and the proper key to his sentimentalism. Shaftesbury is a sentimentalist in virtue of his attempt to discover a foundation for morality (...) through a study of human emotion, sentiment and desire, rather than by appeal to "reason's" demand for consistency and impartiality in practical choice. Without "natural affection"--sympathy, compassion and fellow concern--not only would humans lack sufficient motivational resources for the practice of altruism in their lives, but any attempt by moralists to rationally justify other-regarding and benevolent moral principles would necessarily be futile. I further clarify the nature of sentimentalism as it speaks to questions both of explanation and of justification by means of a comparison with parts of Thomas Nagel's argument in The Possibility of Altruism . Nagel's rationalist arguments against the feasibility of ethical sentimentalism are by no means conclusive; the sentimentalist account can shed light on important philosophical problems of morality which Nagel's view is ill-equipped to discuss. I then render my own modernized versions of various traditional objections to Shaftesbury's view, and, while acknowledging the presence of several serious problems for contemporary sentimentalism, I argue that the same type of approach which distinguished Shaftesbury from his predecessors and peers is still quite defensible within current moral theory and psychology of ethics. I believe I have achieved my two most significant objectives: to do something to loosen the grip of a certain widely accepted picture of ethics and morality which I take to be misguided--the view that moral principle must be seen to have "rational force" independent of the actual desires, emotions and attachments of human beings--and to get some contemporary handle on the ethical thought of this puzzling and neglected, though very influential, early British Moralist. (shrink)

Sometimes one’s greatest academic disappointments can have unexpected outcomes. This is especially true when one is trying to change career trajectories or do something that others did not take seriously. My path into neuroethics was an unexpected journey catalyzed in part by constructive disappointment and the disbelief of colleagues who thought that the work I was pursuing nearly two decades prior was a fool’s errand. After all, could anyone—in his or her right mind—ever conceive of waking up a person unconscious (...) from brain injury and getting him to speak?1. (shrink)

A forty-year-old man is brought to the emergency room by his wife at five in the morning, two hours after he fell down the stairs at home, hitting his head and injuring his arm. He tells the ER physician that he got up to get a drink of water and tripped in the dark. His speech is slurred, and he smells strongly of alcohol. Lab results reveal elevated liver enzymes, and his blood alcohol level is 0.1. His medical history is (...) unremarkable. When asked about his alcohol consumption, he says he usually has one or two drinks a night with dinner but that he drinks more on holidays and special occasions. He admits he had more to drink than usual last night because it had been a stressful day at work, but he is vague about how much he drank. His wife takes the ER physician aside and describes a very different situation. She says that her husband regularly has three or four drinks a night. She always goes to bed before he does and thinks he stays up later so he can continue to drink. She says that he often has no memory of conversations they had the night before and is concerned because he makes work-related calls at night. When asked what he does for a living, she hesitates, and then answers that he is an internist. He does not work at this hospital but works at one of its affiliated clinics. The ER doctor is concerned that his patient is an impaired physician. Yet when the admitting hospitalist, to whom he explains the situation, asks if he really wants to “go there,” he shrugs his shoulders. “I suppose,” she replies, “you might as well call an ethics consult.”. (shrink)

Professor Robert Alexy wrote a book whose avowed purpose is to refute the basic tenets of a type of legal theory which 'has long since been obsolete in legal science and practice'. The quotation is from the German Federal Constitutional Court in 1968. The fact that Prof Alexy himself mentions no writings in the legal positivist tradition [in English] later than Hart's The Concept of Law (1961) may suggest that he shares the court's view. The book itself may be evidence (...) to the contrary. After all why flog a dead horse? Why write a book to refute a totally discredited theory? Perhaps Alexy was simply unlucky. The burst of reflective, suggestive and interesting writings in the legal positivist tradition reached serious dimensions only in the years after the original publication of his book, when Waldron, Marmor, Gardner, Leiter, Shapiro, Murphy, Himma, Kramer, Endicott, Lamont, Dickson, Bix and others joined those who had made important contributions to legal theory in the positivistic tradition in the years preceding the original publication of Alexy's book: Lyons, Coleman, Campbell, Harris, Green, Waluchow and others, who are still among the main contributors to legal theory in the positivist tradition. It is a great shame that nothing in these writings influenced the arguments of the book. Perhaps this regret is misplaced. After all ‘positivism' in legal theory means, and always did mean, different things to different people. What Radbruch, one of Alexy's heroes, meant when he first saw himself as a legal positivist and then recanted was not the same as what 'legal positivism' means in Britain (and nowadays in the United States as well) among those who engage in philosophical reflection about the nature of law. Perhaps Alexy is simply addressing himself to a German audience, and refuting, or attempting to refute, legal theories of a kind identified in Germany as 'legal positivism'. Perhaps, though his references to Hart show that he does not intend it that way. My aims in this chapter are, however, reasonably clear. My main purpose is to explore whether any of Alexy's arguments challenge any of the views which I have advocated. Subsidiary aims are, first, to clarify why what Alexy says is legal positivism is not what is understood as such in the English speaking world, so that some of Alexy's sound points find no target; secondly, to try and clarify some of his arguments which I found, at least initially, rather obscure. Given the prominence of Alexy's book I will refer only to it, and will not consider his other publications. (shrink)