The Protein Ontology (PRO) provides a formal, logically-based classification of specific protein classes including structured representations of protein isoforms, variants and modified forms. Initially focused on proteins found in human, mouse and Escherichia coli, PRO now includes representations of protein complexes. The PRO Consortium works in concert with the developers of other biomedical ontologies and protein knowledge bases to provide the ability to formally organize and integrate representations of precise protein forms so as to enhance accessibility to results of protein (...) research. PRO (http://pir.georgetown.edu/pro) is part of the Open Biomedical Ontologies (OBO) Foundry. (shrink)
H.L.A. Hart's The Concept of Law is the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald (...) Dworkin among positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (shrink)
Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...) I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place. (shrink)
This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market (...) account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule? (shrink)
Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.
Research programs in empirical psychology from the past two decades have revealed implicit biases. Although implicit processes are pervasive, unavoidable, and often useful aspects of our cognitions, they may also lead us into error. The most problematic forms of implicit cognition are those which target social groups, encoding stereotypes or reflecting prejudicial evaluative hierarchies. Despite intentions to the contrary, implicit biases can influence our behaviours and judgements, contributing to patterns of discriminatory behaviour. These patterns of discrimination are obviously wrong and (...) unjust. But in remedying such wrongs, one question to be addressed concerns responsibility for implicit bias. Unlike some paradigmatic forms of wrongdoing, such discrimination is often unintentional, unendorsed, and perpetrated without awareness; and the harms are particularly damaging because they are cumulative and collectively perpetrated. So, what are we to make of questions of responsibility? In this article, we outline some of the main lines of recent philosophical thought, which address questions of responsibility for implicit bias. We focus on (a) the kind of responsibility at issue; (b) revisionist versus nonrevisionist conceptions of responsibility as applied to implicit bias; and (c) individual, institutional, and collective responsibility for implicit bias. (shrink)
Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)
The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)
Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated. We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)
There is a close but largely unexplored connection between law and economics and cognitive psychology. Law and economics applies economic models, modes of analysis, and argument to legal problems. Economic theory can be applied to legal problems for predictive, explanatory, or evaluative purposes. In explaining or assessing human action, economic theory presupposes a largely unarticulated account of rational, intentional action. Philosophers typically analyze intentional action in terms of desires and beliefs. I intend to perform some action because I believe that (...) it will produce an outcome that I desire. This standard “belief-desire” model of action invokes what philosophers of psychology and action theorists aptly refer to as a “folk psychology.”. (shrink)
Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début Préface La section de la ligne dans la République Le problème de la mesure dans la perspective de l'Être et du non-Être Sur les principes des mathématiques chez Aristote et Euclide Sur la définition (...) euclidienne de la droite L'analyse et la synthèse selon Ibn al-Haytham Histoire de la théorie des parallèles Implicit versus explicit geometrical methodologies: The case of construction Descartes and Galileo: The quantification of time and force L'analogie et la pensée mathématique La naissance du projectif L'usage philosophique des mathématiques au XVIIesiècle Pages de fin. (shrink)
Research programs in empirical psychology over the past few decades have led scholars to posit implicit biases. This is due to the development of innovative behavioural measures that have revealed aspects of our cognitions which may not be identified on self-report measures requiring individuals to reflect on and report their attitudes and beliefs. But what does it mean to characterise such biases as implicit? Can we satisfactorily articulate the grounds for identifying them as bias? And crucially, what sorts of cognitions (...) are in fact being measured; what mental states or processes underpin such behavioural responses? In this paper, we outline some of the philosophical and empirical issues engaged when attempting to address these three questions. Our aim is to provide a constructive taxonomy of the issues, and how they interrelate. As we will see, any view about what implicit bias is may depend on a range of prior theoretical choices. (shrink)
In this paper, I set out some desiderata for a model of implicit cognition. I present test cases and suggest that, when considered in light of them, some recent models of implicit cognition fail to satisfy these desiderata. The test cases also bring to light an important class of cases that have been almost completely ignored in philosophical discussions of implicit cognition and implicit bias. These cases have important work to do in helping us understand both the role of implicit (...) cognition in action and our attempts to combat implicit biases. (shrink)
Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)
Recent empirical research has substantiated the finding that very many of us harbour implicit biases: fast, automatic, and difficult to control processes that encode stereotypes and evaluative content, and influence how we think and behave. Since it is difficult to be aware of these processes - they have sometimes been referred to as operating 'unconsciously' - we may not know that we harbour them, nor be alert to their influence on our cognition and action. And since they are difficult to (...) control, considerable work is required to prevent their influence. We here focus on the implications of these findings for epistemology. We first look at ways in which implicit biases thwart our knowledge seeking practices (sections 1 & 2). Then we set out putative epistemic benefits of implicit bias, before considering ways in which epistemic practices might be improved (section 3). Finally, we consider the distinctive challenges that the findings about implicit bias pose to us as philosophers, in the context of feminist philosophy in particular (section 4). (shrink)
One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.
Relational conceptions of autonomy attempt to take into account the social aspects of autonomous agency. Those views that incorporate not merely causally, but constitutively necessary relational conditions, incorporate a condition that has the form: A necessary condition for autonomous agency is that the agent stands in social relations S. I argue that any account that incorporates such a condition cannot play one of autonomy’s key normative roles: identifying those agents who ought to be protected from paternalistic intervention. I argue, against (...) objections from Oshana, that there are good reasons for maintaining the notion of autonomy in this role, and thus that such relational conceptions should not be accepted. This rejection goes beyond that from John Christman, which holds only for those relational conditions which are value-laden. (shrink)
Edited by a leading exponent of the school, this book offers--in the words of the movement's founders--logical positivism's revolutionary theories on meaning and metaphysics, the nature of logic and mathematics, the foundations of knowledge ...
Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)
This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)
The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.
This chapter evaluates two competing views of morally responsible agency. The first view at issue is Vargas’s circumstantialism—on which responsible agency is a function of the agent and her circumstances, and so is highly context sensitive. The second view is McGeer’s scaffolded-responsiveness view, on which responsible agency is constituted by the capacity for responsiveness to reasons directly, and indirectly via sensitivity to the expectations of one’s audience (whose sensitivity may be more developed than one’s own). This chapter defends a version (...) of the scaffolded-responsiveness view, and develops two further claims. Firstly, moral responsibility should not be tied too closely to liability to praise or blame. Secondly, rather than revising our existing concept of responsibility, we would do better to ask what we want the concept of responsibility for. (shrink)
Alfred Jules Ayer was born in London and educated at Eton and Christ Church, Oxford. He attended sessions of the logical positivist ‘Vienna Circle’ in 1932, and taught at Oxford from 1933 until joining the Army in 1940. His Language, Truth and Logic was published in 1936, and The Foundations of Empirical Knowledge in 1940. After war service he returned to Oxford in 1945, and became Grote Professor of the Philosophy of Mind and Logic at University College, London, the (...) following year. The Problem of Knowledge was published in 1956. In 1959 he returned to Oxord as Wykeham Professor of Logic, a post he held until his retirement in 1977. He had been made a Fellow of the British Academy in 1952, and was knighted in 1970. Among his publications after he returned to Oxford are The Concept of a Person , Philosophical Essays , The Origins of Pragmatism , Metaphysics and Common Sense , Russell and Moore: the Analytical Heritage , Probability and Evidence , The Central Questions of Philosophy , and Philosophy in the Twentieth Century. (shrink)
Two German philosophers working during the Weimar Republic in Germany, between the two World Wars, produced seminal texts that continue to resonate almost a hundred years later. Franz Rosenzweig—a Jewish philosopher, and Martin Heidegger—a philosopher who at one time was studying to become a Catholic priest, each in their own, particular way include in their writings powerful philosophies of art that, if approached phenomenologically and ethically, provide keys to understanding their radically divergent trajectories, both biographically and for their philosophical heritage. (...) Simon provides a close reading of some of their essential texts—The Star of Redemption for Rosenzweig and Being and Time and The Origin of the Work of Art for Heidegger—in order to draw attention to how their philosophies of art can be understood to provide significant ethical directives. (shrink)
The challenge of producing sufficient food to feed a growing world population cannot now be met by industrialized and green revolution agriculture as production is currently at or above a sustainable level. Future growth has to occur on resource-poor and marginal lands, where farmers have little or no access to external resources or research and extension support. A precedent for such growth occurred during the agricultural revolution in Britain. Over a period of two centuries crop and livestock production increased 3–4 (...) fold as innovative technologies and techniques developed by farmers were extended to other farmers through tours, farmer groups, open days, and publications, and then adapted to local conditions by rigorous experimentation. These technologies maximized the use of on-farm resources at a time when there was no government ministry of agriculture, no research stations, and no extension institutions. But at the same time as this revolution in on-farm resource use, agriculture also expanded into uncultivated lands, increasing aggregate production but destroying common property resources and so threatening the livelihoods of the poor. (shrink)
It is not usually morally permissible to desire the suffering of another person, or to act so as to satisfy this desire; that is, to act with the aim of bringing about suffering. If the retributive emotions, and the retributive responses of which they are a part, are morally permitted or even required, we will need to see what is distinctive about them. One line of argument in this paper is for the conclusion that a retributive desire for the suffering (...) of the wrong-doer, and the aim to bring this about, can (contra recent arguments from Hanna 2008) be morally justified. -/- It has been suggested that by reflecting on the role of the retributive emotions in interpersonal relationships, and the alleged legitimacy of the aim for the suffering of the wrong-doer within them, support can be garnered for retributive practices of punishment by the state (Duff 1986 and 2001, Bennett 2002 and 2003). The conclusion of the second line of argument in the paper is that whilst the retributive responses can permissibly aim at suffering, the way in which this is so in interpersonal relationships cannot provide support for retributive state punishment. (shrink)
How, if at all, do the findings of social psychology impact upon philosophical analyses of discrimination? In this chapter, I outline key findings from three research programs from psychology – concerning in-group/out-group favoritism; implicit bias; and stereotype threat. I argue that each set of findings presents challenges to how philosophical analyses of group discrimination are formulated, and propose possible revisions to be explored in future work.
Lo studio verte sulla terminologia avicenniana utilizzata per richiamare l'idea di «emanazione» e quella di «creazione». Il vocabolario avicenniano è comparato in particolare alla terminologia della Theologia Aristotelis.
Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)