Two recent papers1,2 report extensive nuclear DNA sequence from a 38,000‐year‐old Neandertal fossil, comparing it to modern humans and estimating when it diverged from, and whether it contributed to, our gene pool. Based on 65,250 and over a million base‐pairs of sequence across the genome, respectively, the groups arrived at slightly different interpretations. The data are an exciting and interesting new contribution, but are not surprising, and a sense of history and question helps put them in perspective. BioEssays 29: 105–110, (...) 2007. © 2007 Wiley Periodicals, Inc. (shrink)

An examination of the unconscious as it relates to popular music and the first truly interdisciplinary book on philosophy and popular music with equal weight given to each discipline.

This book is the result of a three-year study undertaken by a multidisciplinary working party of the Institute of Medical Ethic (UK). The group was chaired by a moral theologian, and its members included biological and ethological scientists, toxicologists, physicians, veterinary surgeons, an expert in alternatives to animal use, officers of animal welfare organizations, a Home Office Inspector, philosophers, and a lawyer. Coming from these different backgrounds, and holding a diversity of moral views, the members produced the agreed report as (...) a result of detailed and rigorous discussions. The book sets out facts about animal experiments and about animal abilities to experience pain, distress and anxiety. There is a detailed examination of the moral claims related to the benefits likely to accrue from animal research, and of strategies for weighing these benefits against the harm caused to animals, in order to decide whether particular research projects ought or ought not to proceed. This leads to consideration of the statutory and non-statutory controls which safeguard standards in such research. The final section explores a variety of philosophical arguments about the use of animals in research, and offers a philosophical justification for the Working Party's more practical conclusions. Written in clear, nontechnical language, this book is accessible to lay people as well as to scientists. It is the first such document to emerge from a meeting of people with such widely differing views on this highly controversial subject, and represents a major contribution towards informing and raising the quality of contemporary debate. The book is unique in drawing together material and ideas never before found in one volume. It will interest a broad spectrum of readers, from ethicists and animal rights advocates to scientific researchers and laboratory administrators, along with general readers concerned about this compelling issue. (shrink)

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

This collection of essays, offered in honor of the distinguished career of prominent political philosophy professor Clifford Orwin, brings together internationally renowned scholars to provide a wide context and discuss various aspects of the virtue of “humanity” through the history of political philosophy.

Thomas A. Fay Heidegger and the Formalization of Thought 1 Dagfinn F011esdal The Justification of Logic and Mathematics in Husserl's Phenomenology 25 Guillermo E. Rosado Haddock On Husserl's Distinction between State of Affairs and Situation of Affairs.... 35 David Woodruff Smith On Situations and States of Affairs 49 Charles W. Harvey, Jaakko Hintikka Modalization and Modalities................... 59 Gilbert T. Null Remarks on Modalization and Modalities 79 J. N. Mohanty Husserl's Formalism 93 Carl J. Posy Mathematics as a Transcendental Science (...) 107 vi Gian-carlo Rota Mathematics and the Task of Phenomenology 133 John Scalon "Tertium Non Datur: " Husserl's Conception of a Definite Multiplicity..... 139 Thomas M. Seebohm Psychologism Revisited 149 Gerald J. Massey Some Reflections on Psychologism 183 Robert S. Tragesser How Mathematical Foundation all but come about: A Report on Studies Toward a Phenomenological Critique of Godel's Views on Mathematical Intuition.. 195 Kenneth L. Manders On Geometric Intentionality 215 Dallas Willard Sentences which are True in Virtue of their Color... 225 John J. Drummond Willard and Husserl on Logical Form 243 Index of Names 257 Index of Subjects 259 PREFACE The phenomenology of logic and ideal objects is the topic of Husserl's Logical Investigations. This book determined the early development of the so called phenomenological movement. It is still the main source for many phenomenologists, even if they disagree with Husserl's transcendental turn and developed other phenomenological positions or positions beyond phenomenology he early sense. (shrink)

In the last homily he gave before becoming Pope Benedict XVI, Cardinal Joseph Ratzinger described modern life as ruled by a “dictatorship of relativism which does not recognize anything as definitive and whose ultimate goal consists solely” of satisfying “the desires of one’s own ego.” An eminent scholar familiar with the centuries-old debates over relativism, Ratzinger chose to oversimplify or even caricature a philosophical approach of great sophistication and antiquity. His homily depicts the relativist as someone blown about “by every (...) wind of doctrine,” whereas the relativist sticks firmly to one argument—that human knowledge is not absolute. Gathering prominent intellectuals from disciplines most relevant to the controversy—ethics, theology, political theory, anthropology, psychology, cultural studies, epistemology, philosophy of science, and classics—this special double issue of _Common Knowledge_ contests Ratzinger’s denunciation of relativism. One essay relates the arguments of Ratzinger to those of two other German scholars—the conservative political theorist Ernst Wolfgang Böckenförde and the liberal philosopher and sociologist Jürgen Habermas—since all three men assume that social order depends on the existence of doctrinal authority. The contributors here argue for an intellectual and social life free of the desire for an “infantilizing” authority. One proposes that the Christian god is a relativist who prefers limitation and ambiguity; another, initially in agreement with Ratzinger about the danger relativism poses to faith and morals, then argues that this danger is what makes relativism valuable. The issue closes with the first English translation of an extract from a book on Catholic-Jewish relations by Cardinal Carlo Maria Martini, one of the Catholic Church’s most progressive figures. _Contributors_. David Bloor, Daniel Boyarin, Mary Baine Campbell, Lorraine Daston, Arnold I. Davidson, John Forrester, Kenneth J. Gergen, Simon Goldhill, Jeffrey F. Hamburger, Julia Kristeva, Carlo Maria Cardinal Martini, Christopher Norris, Joseph Cardinal Ratzinger, Richard Shusterman, Barbara Herrnstein Smith, Jeffrey Stout, Gianni Vattimo. (shrink)

This article responds to two unresolved and crucial problems of cognitive science: (1) What is actually accomplished by functions of the nervous system that we ordinarily describe in the intentional idiom? and (2) What makes the information processing involved in these functions semantic? It is argued that, contrary to the assumptions of many cognitive theorists, the computational approach does not provide coherent answers to these problems, and that a more promising start would be to fall back on mathematical communication theory (...) and, with the help of evolutionary biology and neurophysiology, to attempt a characterization of the adaptive processes involved in visual perception. Visual representations are explained as patterns of cortical activity that are enabled to focus on objects in the changing visual environment by constantly adjusting to maintain levels of mutual information between pattern and object that are adequate for continuing perceptual control. In these terms, the answer proposed to (1) is that the intentional functions of vision are those involved in the establishment and maintenance of such representations, and to (2) that semantic features are added to the information processes of vision with the focus on objects that these representations accomplish. The article concludes with proposals for extending this account of intentionality to the higher domains of conceptualization and reason, and with speculation about how semantic information-processing might be achieved in mechanical systems. (shrink)

At the beginning of his Metaphysics, Aristotle attributed several strange-sounding theses to Plato. Generations of Plato scholars have assumed that these could not be found in the dialogues. In heated arguments, they have debated the significance of these claims, some arguing that they constituted an 'unwritten teaching' and others maintaining that Aristotle was mistaken in attributing them to Plato. In a prior book-length study on Plato's late ontology, Kenneth M. Sayre demonstrated that, despite differences in terminology, these claims correspond (...) to themes developed by Plato in the Parmenides and the Philebus. In this book, he shows how this correspondence can be extended to key, but previously obscure, passages in the Statesman. He also examines the interpretative consequences for other sections of that dialogue, particularly those concerned with the practice of dialectical inquiry. (shrink)

This book, published in 1976, presents an entirely original approach to the subject of the mind-body problem, examining it in terms of the conceptual links between the physical sciences and the sciences of human behaviour. It is based on the cybernetic concepts of information and feedback and on the related concepts of thermodynamic and communication-theoretic entropy. The foundation of the approach is the theme of continuity between evolution, learning and human consciousness. The author defines life as a process of energy (...) exchange between organism and environment, and evolution as a feedback process maintaining equilibrium between environment and reproductive group. He demonstrates that closely related feedback processes on the levels of the behaving organism and of the organism’s nervous system constitute the phenomena of learning and consciousness respectively. He analyses language as an expedient for extending human information-processing and control capacities beyond those provided by one’s own nervous system, and shows reason to be a mode of processing information in the form of concepts removed from immediate stimulus control. The last chapter touches on colour vision, pleasure and pain, intentionality, self-awareness and other subjective phenomena. Of special interest to the communication theorist and philosopher, this study is also of interest to psychologists and anyone interested in the connection between the physical and life sciences. (shrink)

The COVID-19 pandemic that struck New York City in the spring of 2020 was a natural experiment for the clinical ethics services of NewYork-Presbyterian (NYP). Two distinct teams at NYP’s flagship academic medical centers—at NYP/ Columbia University Medical Center (Columbia) and NYP/ Weill Cornell Medical Center (Weill Cornell)—were faced with the same pandemic and operated under the same institutional rules. Each campus used time as an heuristic to analyze our collective response. The Columbia team compares consults during the pandemic with (...) the same period during the year prior. The Weill Cornell service describes the phases of the pandemic to depict its temporal evolution and subsequent ethical challenges. Both sites report that the predominant ethical challenges centered around end-of-life decision making, setting goals of care, and medical futility, all complicated by resource allocation questions and the ambiguity of state law under crisis standards of care. The Columbia campus saw a statistically significant increase in ethics consultations provided to Hispanic patients, perhaps reflective of the disproportionate burden of COVID-19 suffered by this demographic. While Weill Cornell and Columbia saw a surge in clinical ethics consultations, the two services assumed a more expansive role than one normally played in institutional life. Serving as intermediaries between frontline clinicians and senior hospital administrators, consultants provided critical intelligence to hospital leadership about the evolution of the pandemic, disseminated information to clinicians, and attended to the moral distress of colleagues who were asked to provide care under truly extraordinary circumstances. The COVID-19 surge in New York City revealed latent capabilities in ethics consultation that may prove useful to the broader clinical ethics community as it responds to the current pandemic and reconceptualizes its potential for future service. (shrink)

What is the nature of law and what is the best way to discover it? This book argues that law is best understood in terms of the social functions it performs wherever it is found in human society. In order to support this claim, law is explained as a kind of institution and as a kind of artefact. To say that it is an institution is to say that it is designed for creating and conferring special statuses to people so (...) as to alter their rights and responsibilities toward each other. To say that it is an artefact is to say that it is a tool of human creation that is designed to signal its usability to people who interact with it. This picture of law's nature is marshalled to critique theories of law that see it mainly as a product of reason or morality, understanding those theories via their conceptions of law's function. It is also used to argue against those legal positivists who see law's functions as relatively minor aspects of its nature. -/- This method of conceptualizing law's nature helps us to explain how the law, understood as social facts, can make normative demands upon us. It also recommends a methodology for understanding law that combines elements of conceptual analysis with empirical research for uncovering the purposes to which diverse peoples put their legal activities. (shrink)

The chapters in this book have evolved from talks originally presented at The First International Workshop on Human and Machine Cognition.

Applying the analytical methods of modern logic to problems of interpretation in Plato, the author traces the development of Plato's analytic method from the crude form expressed in the Phaedo to the considerably more sophisticated and powerful techniques practiced in the later methodological dialogues.

A new edition of a classic work compares Plato's dialogues to Aristotle's depiction of them. Reprint.

This book, published in 1976, presents an entirely original approach to the subject of the mind-body problem, examining it in terms of the conceptual links between the physical sciences and the sciences of human behaviour. It is based on the cybernetic concepts of information and feedback and on the related concepts of thermodynamic and communication-theoretic entropy. The foundation of the approach is the theme of continuity between evolution, learning and human consciousness. The author defines life as a process of energy (...) exchange between organism and environment, and evolution as a feedback process maintaining equilibrium between environment and reproductive group. He demonstrates that closely related feedback processes on the levels of the behaving organism and of the organism’s nervous system constitute the phenomena of learning and consciousness respectively. He analyses language as an expedient for extending human information-processing and control capacities beyond those provided by one’s own nervous system, and shows reason to be a mode of processing information in the form of concepts removed from immediate stimulus control. The last chapter touches on colour vision, pleasure and pain, intentionality, self-awareness and other subjective phenomena. Of special interest to the communication theorist and philosopher, this study is also of interest to psychologists and anyone interested in the connection between the physical and life sciences. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

Corporate social responsibility (CSR) is increasingly becoming a popular business concept in developed economies. As typical of other business concepts, it is on its way to globalization through practices and structures of the globalized capitalist world order, typified in Multinational Corporations (MNCs). However, CSR often sits uncomfortably in this capitalist world order, as MNCs are often challenged by the global reach of their supply chains and the possible irresponsible practices inherent along these chains. The possibility of irresponsible practices puts global (...) firms under pressure to protect their brands even if it means assuming responsibilities for the practices of their suppliers. Pressure groups understand this burden on firms and try to take advantage of the situation. This article seeks to challenge the often taken-for-granted-assumption that firms should be accountable for the practices of their suppliers by espousing the moral (and sometimes legal) underpinnings of the concept of responsibility. Except where corporate control and or corporate grouping exist, it identifies the use of power as a critical factor to be considered in allocating responsibility in firm-supplier relationship; and suggests that the more powerful in this relationship has a responsibility to exert some moral influence on the weaker party. The article highlights the use of code of conducts, corporate culture, anti-pressure group campaigns, personnel training and value reorientation as possible sources of wielding positive moral influence along supply chains. (shrink)

Parmenides is generally recognized as Plato's most difficult dialogue. This work argues that the key to unlocking the puzzles of Parmenides II lies in the proper interpretive pairing of the eight hypotheses under which its arguments are grouped.

Contesting much contemporary epistemology and cognitive science, noted philosopher Kenneth M. Sayre argues that, while some cognitive attitudes such as believing take propositions as objects, there are many others whose objects are instead states of affairs.

The most influential theory of law in current analytic legal philosophy is legal positivism, which generally understands law to be a kind of institution. The most influential theory of institutions in current analytic social philosophy is that of John Searle. One would hope that the two theories are compatible, and in many ways they certainly are. But one incompatibility that still needs ironing out involves the relation of the social rule that undergirds the validity of any legal system (H.L.A. Hart's (...) rule of recognition) to Searle's notion of codification: the idea that institutions need official declarations of their constitutive rules in order to enjoy the full benefits of institutions. The incompatibility arises from the fact that, in order to do its institutional work, the basic validity rule must be codified in Searle's sense—yet, given the particular role it has in legal positivism, it may be impossible to codify in the Searlean sense. In this paper I develop the incompatibility in detail, consider and reject consigning the basic validity rule to Searle's “Background” capacities that support institutional facts, and conclude that the best route to eliminating it while doing a minimum of damage to the two theories is to make a slight emendation to Searle's theory of institutions. (shrink)

Book Reviews in this article Baptism and Resurrection: Studies in Pauline Theology against its Graeco‐Roman Background. By A.J.M. Wedderburn. Meaning and Truth in 2 Corinthians. By Frances Young and David Ford. Jesus and God in Paul's Eschatology. By L. Joseph Kreitzer. The Acts of the Apostles : By Hans Conzelmann. The Genesis of Christology: Foundations for a Theology of the New Testament. By Petr Pokorny. The Incarnation of God: An Introduction to Hegel's Theological Thought as Prolegomena to a Future Christology. (...) By Hans Küng, translated by J.R. Stephenson. The Incarnation: Collected Essays in Christology. By Brian Hebblethwaite. Models for God: Theology for an Ecological, Nuclear Age. By Sallie McFague. Pp. xv, 224, London, SCM Press, 1987, £8.50 Symbol and Sacrament: A Contemporary Sacramental Theology. By Michael G. Lawler. The Sacrifice We Offer: The Tridentine Dogma and its Reinterpretation. By David N. Power. New Eucharistic Prayers: An Ecumenical Study of their Development and Structure. Edited by Frank C. Senn. To Join Together: The Rite of Marriage. By Kenneth W. Stevenson. Company of Voices: Daily Prayer and the People of God. By George Guiver. The Long‐Legged Fly. By Don Cupitt. Approaches to Auschwitz. By Richard L. Rubenstein and John K. Roth. Natural Law and Justice. By Lloyd L. Weinreb. Christian Morality: The Word Becomes Flesh. By Josef Fuchs S.J., translated by Brian McNeil. Medicine in Contemporary Society: King's College Studies 1986–87. Edited by Peter Byrne. Military Ethics: Guidelines for Peace and War. By N. Fotion and G. Elfstrom. Choice: The Essential Element in Human Action. By Alan Donagan. Persons and Personality: A Contemporary Inquiry. Edited by Arthur Peacocke and Grant Gillet. The Rationality of Emotion. By Ronald de Sousa. The Psychology of Personality: An Epistemological Inquiry. By James T. Lamiell. Aesthetics: An Introduction to the Philosophy of Art. By Anne Sheppard. The Ascetic Element in Culture and Criticism. By Geoffrey Gait Harpham. Electric Language: A Philosophical Study of Word Processing. By Michael Heim. Education and Philosophical Anthropology: Toward a New View of Man for the Humanities and English. By David Holbrook. Evolution and the Humanities. By David Holbrook. Further Studies in Philosophical Anthropology. By David Holbrook. Women in Western Political Philosophy. Edited by Ellen Kennedy and Susan Mendus. The Light of the Soul: Theories of Ideas in Leibniz, Malebranche and Descartes. By Nicholas Jolley. Arnauld and the Cartesian Philosophy of Ideas. By Stephen M. Nadler. Later Medieval Philosophy : An Introduction. By John Marenbon. Either/Or. By Søren Kierkegaard, translated by Howard and Edna Hong, Princeton University Press, 1987: Vol. One, Wittgenstein. By A.C. Grayling. Questions on Wittgenstein. By Rudolf Haller. The False Prison: A Study of the Development of Wittgenstein's Philosophy. By David Pears, Oxford, Clarendon Press. Vol. One, The Later Wittgenstein: The Emergence of a New Philosophical Method. By S. Stephen Hilmy. Knowledge of God: Calvin, Einstein and Polanyi. By Iain Paul. Conceptual Change and Religious Practice with Special Reference to Jews in Britain and Israel. By Janice Williams. The World's Religions. Edited by Stewart Sutherland, Leslie Houlden, Peter Clarke and Friedhelm Hardy. Religions in Conversation: Christian Identity and Religious Pluralism. By Michael Barnes. Theravāda Buddhism, A Social History from Ancient Benares to Modem Colombo. By Richard Gombrich. Mahāyāna Buddhism, The Doctrinal Foundations. By Paul Williams. Hinduism in Great Britain: The Perpetuation of Religion in an Alien Cultural Milieu. Edited by Richard Burghart. The Way of the Black Messiah. By Theo Witvliet. The Meaning of Religious Conversion in Africa. By Cyril C. Okorocha. Common Ground: Christianity, African Religion and Philosophy. By Emmanuel K. Twesigye. Islamic Spirituality I: Foundations. Edited by Seyyed Hossein Nasr. The Great Cosmic Mother: Rediscovering the Religion of the Earth. By Monica Sjöö and Barbara Mor. Judaism and Christianity in the Age of Constantine. By J. Neusner. Language and the Worship of the Church. Edited by David Jasper and R.C.D. Jasper. The Urban Character of Christian Worship: The Origins, Development and Meaning of Stational Liturgy. By John E. Baldovin. Leontii Presbyteri Constantinopolitani Homiliae. Edited by Cornells Datema and Pauline Allen. Law, Sex and Christian Society in Medieval Europe. By James A. Brundage. Melchior Hoffman: Social Unrest and Apocalyptic Visions in the Age of Reformation. By Klaus D Alonso de Zorita: RoyalJudge and Christian Humanist, 1512–1585. By Ralph H. Vigil. Pedro Moya de Contreras: Catholic Reform and Royal Power in New Spain, 1571–1591. By Stafford Poole. Archbishop William Laud. By Charles Carlton. The Social History of Religion in Scotland since 1730. By Callum G. Brown. Pastors and Pluralism in Württemberg, 1918–1933. By David J. Diephouse. The Churches and the Third Reich, Vol. One: Preliminary History and the Time of Illusions, 1918–1934. By Klaus Scholder. Reforming Fundamentalism. Fuller Seminary and the New Evangelicalism. By George M. Marsden. The Hellenistic Philosophers Vol. II: Greek and Latin Texts with Notes and Bibliography. By A.A. Long and D.N. Sedley. Prayers of the Eucharist: Early and Reformed. Edited by R.C.D. Jasper and G. J. Cuming. The Way of Paradox: Spiritual Life as Taught by Meister Eckhart. By Cyprian Smith. Meister Eckhart: The Man from whom God Hid Nothing. Edited by Ursula Fleming. The Spiritual Exercises of St Ignatius Loyola: A New Translation. Translated by Elisabeth Meier Tetlow. Courtfield and the Vaughans: An English Catholic Inheritance. By Mary Vaughan. Trinity College, Washington D.C.: The First Eighty Years, 1897–1977. By Columba Mullaly. John Henry Newman on the Idea of Church. By Edward Jeremy Miller. Journey from Paradise: Aft Athos and the Interior Life. By Ralph Harper. (shrink)

Business school faculty have begun to increase ethics instruction, but very little has been done to assess the effectiveness of this instruction. Curricula-wide studies present conflicting results of the effect of ethics integration into the business curricula. Several studies suggest that courses like business ethics and business and society might have an effect on the ethical awareness or ethical reasoning of business students. A belief of many individuals interested in business ethics is that students must be exposed to ethical awareness (...) and ethical reasoning in business ethics and business and society-type courses and this should be supplemented by discussions of these topics in various business courses such as Accounting, Finance, Marketing, and others.This study reports the results of integrating a unit of business ethics into eleven accounting classes at two universities. An approach for measuring the effect of ethics integration into accounting and other business courses is suggested, and an assessment is made of the impact of ethics integration on students in accounting classes. Results indicate that the principles on which students rely when making moral decisions were affected by ethics integration. After ethics integration, students relied more heavily on the disclosure rule, the golden rule, and the professional ethic. (shrink)

The problem of semantic content is the problem of explicating those features of brain processes by virtue of which they may properly be thought to possess meaning or reference. This paper criticizes the account of semantic content associated with fodor's version of cognitive science, And offers an alternative account based on mathematical communication theory. Its key concept is that of a neuronal representation maintaining a high-Level of mutual information with a designated external state of affairs under changing conditions of perceptual (...) presentation. (shrink)

Abstract: We sometimes say our moral claims are "objectively true," or are "right, even if nobody believes it." These additional claims are often taken to be staking out metaethical positions, representative of a certain kind of theorizing about morality that "steps outside" the practice in order to comment on its status. Ronald Dworkin has argued that skepticism about these claims so understood is not tenable because it is impossible to step outside such practices. I show that externally skeptical metaethical theory (...) can withstand his attacks, thereby defending the possibility of this kind of metatheoretical method and showing that the additional objectivity claims still make sense as external claims. Four interpretations of the additional objectivity claims can still be understood externally: as secondary properties, as arguing for some form of causal correspondence, as explaining error, and under Blackburn's expressivism. In the end, Dworkin's argument can be turned against itself. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

The charged debate on the ‘C‐S‐R‐ization’ of organizational practices seems to have produced two opposing and seemingly incompatible explanations for why organizations should engage in corporate social responsibility (CSR): one, the normative rationale based on an appeal to ethics; and the other, the instrumental rationale, based on an appeal to business pragmatism. This paper argues that a missing link in this debate is the failure to recognize that the normative and instrumental approaches to corporate social responsibility are underpinned by substantively, (...) differentiating, relative logics of emotional rationalism on the one hand, and instrumental rationalism on the other. The paper makes a case that for CSR as a management practice to be practicable and actionable within a sustainable business agenda, it will need to be stripped of its current normative undertone and reconstructed in the instrumentally, pragmatic (utlish) language of business. Otherwise, the whole concept of CSR may continue to dwell in the realm of abstract theorizing without yielding many beneficial and practicable outcomes. The paper concludes that such an approach that situates CSR within a pragmatic business lingua, rather than a non‐business lingua, will help in legitimizing CSR as a ‘neutral’ management practice. (shrink)

The charged debate on the ‘C‐S‐R‐ization’ of organizational practices seems to have produced two opposing and seemingly incompatible explanations for why organizations should engage in corporate social responsibility (CSR): one, the normative rationale based on an appeal to ethics; and the other, the instrumental rationale, based on an appeal to business pragmatism. This paper argues that a missing link in this debate is the failure to recognize that the normative and instrumental approaches to corporate social responsibility are underpinned by substantively, (...) differentiating, relative logics of emotional rationalism on the one hand, and instrumental rationalism on the other. The paper makes a case that for CSR as a management practice to be practicable and actionable within a sustainable business agenda, it will need to be stripped of its current normative undertone and reconstructed in the instrumentally, pragmatic (utlish) language of business. Otherwise, the whole concept of CSR may continue to dwell in the realm of abstract theorizing without yielding many beneficial and practicable outcomes. The paper concludes that such an approach that situates CSR within a pragmatic business lingua, rather than a non‐business lingua, will help in legitimizing CSR as a ‘neutral’ management practice. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

Readable and accessible collection of papers re thinking machines.

I have argued that law is a genre of institutionalized abstract artifact, meaning that laws are purposive products of human creation designed to signal norms of behavior with respect to them. Its institutional nature is seen in the fact that it is a system of artificial statuses that convey deontic powers to status holders understood in their institutional roles. Following Searle in explaining institutions, however, is also to see the institution as the 'continuing possibility of a practice.' Hence there is (...) no tension in seeing law as both a practice and a genre of artifact. (shrink)

Just as recognition and pursuit of the human good take place in language and action, so too do they unfold in encounter with the material and visual. The ethical crises, projects, and striving we see in everyday religious life are worked out not just in the intersubjective play and politics of language but also in encounter with, in dwelling with, material and visual substances and forms. This essay considers the material conditions that make possible the “ethical pleasures” sought by Indonesian (...) painter A. D. Pirous in making and displaying contemporary works of “Islamic art,” most especially works that make “visual recitation” of passages from the Qur'an. (shrink)

In __Unearthed: The Economic Roots of Our Environmental Crisis_, _Kenneth M. Sayre argues that the only way to resolve our current environmental crisis is to reduce our energy consumption to a level where the entropy produced by that consumption no longer exceeds the biosphere’s ability to dispose of it. Tangible illustrations of this entropy buildup include global warming, ozone depletion, loss of species diversity, and unmanageable amounts of nonbiodegradable waste._ Degradation of the biosphere is tied directly to human energy use, (...) which has been increasing exponentially since the Industrial Revolution. Energy use, in turn, is directly correlated with economic production. Sayre shows how these three factors are invariably bound together. The unavoidable conclusion is that the only way to resolve our environmental crisis is to reverse the present pattern of growth in the world economy. Economic growth is motivated by social values. Key among them are the desire for wealth and consumer values including gratification, convenience, and acquisition of goods. Sayre maintains that economic growth can be reversed only by eliminating these social values in favor of others more conducive to environmental health. Eliminating these values will involve major changes in lifestyle within industrial societies generally. Only with such changes in lifestyle, he argues, does human society as we know it have a chance of survival. Clearly written and thoroughly documented, this book provides a comprehensive overview of our complex environmental predicament. "With unerring logic and science, Kenneth Sayre dissects the origins of the ecological crisis and points to the necessary recalibration of industrial societies with the laws of thermodynamics and ecology. It is a radical book in that he gets to the heart of what ails us, and it charts a course toward a future grounded in authentic hope." — David W. Orr, Oberlin College__ “Sayre’s assessment forces all seeking a sustainable future to reexamine the preeminence accorded to clean energy. _ Unearthed __uniquely combines thermodynamics and ethics to challenge and broaden readers’ understandings of the systemic issues we face. Assembled and presented with piercing clarity, __Unearthed __constructs a brilliant framework for making sense of our quiet, but growing crises.” —_Felipe Witchger, IHS Cambridge Energy Research Associates__ “Kenneth M. Sayre’s _ Unearthed: The Economic Roots of Our Environmental Crisis__ constitutes a major and significant contribution to our understanding of the grave ecological crisis facing humanity. It covers the complete picture, from the basic physical causes of the destruction of our environment to the sociological or anthropological forces that condition our self-destructive actions. The work not only is a brilliant and mind-sweeping piece of diagnosis and prognosis, but it goes all the way to point towards possible solutions.” —_Fernando del Río Haza, Laboratorio de Termodinámica, Universidad Autónoma Metropolitana, Iztapalapa, Mexico_. (shrink)

A model of causation is presented which shares the advantages of Reichenbach's definition in terms of the screening-off relation, but which has the added advantage of distinguishing cause and effect without reference to temporal directionality. This model is defined in terms of the masking relation, which in turn is defined in terms of the equivocation relation of communication theory.

In ‘(Really) Defending Exclusionary Reasons’, Monti seeks to defend Raz’ notion of exclusionary reasons from the attack made by Daniel Whiting. Monti agrees with Whiting that exclusionary reasons cannot motivate and so suggests that they operate by guiding rather than motivating. However, Monti’s account of guiding omits the key feature that they can guide even when one’s action is the opposite to what the exclusionary reason seems to recommend. An amended account of what it is to be guided by exclusionary (...) reasons is needed to give the Razian account the explanatory power it is due. (shrink)