This paper aims to illuminate some issues in the equality, priority, or what debate. I characterize egalitarianism and prioritarianism, respond to the view that we should care about sufficiency or compassion rather than equality or priority, discuss the levelling down objection, and illustrate the significance of the distinction between prioritarianism and egalitarianism, establishing that the former is no substitute for the latter. In addition, I respond to Bertil Tungodden's views regarding the Slogan, the levelling down objection, the Pareto Principle, leximin, (...) the principle of personal good, strict moderate egalitarianism, the Hammond Equity Condition, the intersection approach, and non-aggregative reasoning. (shrink)

This book consists of a collection of essays written between 1965 and 1981. Some have been published elsewhere; others appear here for the first time. Although dealing with different figures and different periods, they have a common theme: all are concerned with examining how the method of hy pothesis came to be the ruling orthodoxy in the philosophy of science and the quasi-official methodology of the scientific community. It might have been otherwise. Barely three centuries ago, hypothetico deduction was in (...) both disfavor and disarray. Numerous rival methods for scientific inquiry - including eliminative and enumerative induction, analogy and derivation from first principles - were widely touted. The method of hypothesis, known since antiquity, found few proponents between 1700 and 1850. During the last century, of course, that ordering has been inverted and - despite an almost universal acknowledgement of its weaknesses - the method of hypothesis (usually under such descriptions as 'hypothetico deduction' or 'conjectures and refutations') has become the orthodoxy of the 20th century. Behind the waxing and waning of the method of hypothesis, embedded within the vicissitudes of its fortunes, there is a fascinating story to be told. It is a story that forms an integral part of modern science and its philosophy. (shrink)

I begin my analysis of consent by agreeing with Professor Hurd that consent functions as a “moral transformative” by altering the obligations and permissions that determine the Tightness of others' actions. I further agree with her that consent is intimately related to the capacity for autonomous action; one who cannot alter others' obligations through consent is not fully autonomous. I cannot improve on her elaboration of these points.

This paper argues that it has been widely assumed by philosophers of science that the cumulative retention of explanatory success is a "sine qua non" for making judgements about the progress or rational preferability of one theory over another. It has also been assumed that it is impossible to make objective, Comparative judgements of the acceptability of rival theories unless all the statements of both theories could be translated into a common language. This paper seeks to show that both these (...) dogmas are mistaken; that progress without cumulativity and comparability without commensurability are both viable. (shrink)

Demystifying Legal Reasoning defends the proposition that there are no special forms of reasoning peculiar to law. Legal decision makers engage in the same modes of reasoning that all actors use in deciding what to do: open-ended moral reasoning, empirical reasoning, and deduction from authoritative rules. This book addresses common law reasoning when prior judicial decisions determine the law, and interpretation of texts. In both areas, the popular view that legal decision makers practise special forms of reasoning is false.

Leibniz viewed the principle of continuity, the principle that all natural changes are produced by degrees, as a useful heuristic for evaluating the truth of a theory. Since the Cartesian laws of motion entailed discontinuities in the natural order, Leibniz could safely reject it as a false theory. The principle of continuity has similar implications for analyses of Leibniz's theory of consciousness. I briefly survey the three main interpretations of Leibniz's theory of consciousness and argue that the standard account entails (...) a discontinuity that Leibniz could not allow. I argue that the principle of continuity and the textual data favor an interpretation according to which a conscious mental state just is a perception that is distinct to a sufficient degree. (shrink)

Recent findings demonstrate sex-related differences in the neurobiological mechanisms by which emotional arousal influences memory, and raise questions about the extent to which memory for emotional events may differ between males and females. Here we examine whether sex-related differences exist in the recall of central information and peripheral detail from an emotional story. Healthy subjects viewed a brief, narrated slide-show containing emotional elements in its middle section. One week later, they received an incidental multiple-choice recognition test for the story. Following (...) the test, each subject completed the BEM Sex-Role Inventory, an assessment of sex-related masculine and feminine traits. The results reveal no differences in recall of either central or peripheral story information when considering the performance of actual men and women, but a significant difference when considering male and females as determined by their BEM test scores. “BEM” males showed significantly enhanced recall of central emotional information. “BEM” females did not. Both groups showed significantly enhanced recall of peripheral emotional information, although this effect appeared larger in BEM females than in BEM males. The influences of “BEM” sex and type of information significantly interacted to influence emotional memory performance. These findings confirm the existence of sex-related influences in the recall of emotional information, and suggest that sex-related traits, rather than actual sex per se, may be a more sensitive indicator of these influences. (shrink)

In this provocative book, Alexander offers a sceptical appraisal of the claim that freedom of expression is a human right. He examines the various contexts in which a right to freedom of expression might be asserted and concludes that such a right cannot be supported in any of these contexts. He argues that some legal protection of freedom of expression is surely valuable, though the form such protection will take will vary with historical and cultural circumstances and is not a (...) matter of human right. Written in a clear and accessible style, this book will appeal to students and professionals in political philosophy, law, political science, and human rights. (shrink)

Jesse Prinz (2004) argues that emotional feelings (“state emotions”) can by themselves perceptually represent significant organism-environment relations. I object to this view mainly on the grounds that (1) it does not rule out the at least equally plausible view that emotional feelings are non-representational sensory registrations rather than perceptions, as Tyler Burge (2010) draws the distinction, and (2) perception of a relation requires perception of at least one of the relation’s relata, but an emotional feeling by itself perceives neither the (...) subject’s environment, nor in many cases the relevant subject itself. I then explore two ways in which emotional feelings as non-perceptual sensory registrations might still contribute to significant relation representation when associated with representations of the subject and/or its environment. After briefly discussing some difficulties presented by a multimodal, sensory-perceptual view of such representation, I argue in favor of a “cognitive recognition theory” that holds that significant relation instances are represented during emotion occurrences via applications of emotion-type concepts to "incoming" emotional feelings and their associated mental states. (shrink)

The ethicist's role in the clinical context is not presently well defined. Ethicists can be thought of as moralists, technicians, Sophists, or as teachers and learners. Each of these roles is examined in turn. An argument is made for the ethicist as a teacher who must also learn a great deal about the clinical setting in order to encourage an effective critical examination of basic values. Four specific tasks of this teaching role are discussed: describing moral experience, eliciting assumptions, considering (...) multiple alternatives and justifying choices. (shrink)

Zombies recently conjured by Searle and others threaten civilized philosophy of mind and scientific psychology as we know it. Humanoid beings that behave like us and may share our functional organizations and even, perhaps, our neurophysiological makeups without qualetative conscious experiences, zombies seem to meet every materialist condition for thought on offer and yet -- the wonted intuitions go -- are still disqualefied from being thinking things. I have a plan. Other zombies -- good zombies -- can battle their evil (...) cousins to a standoff. Perhaps even defeat them. Familiar zombies and supersmart zombies resist disqualefication, making the world safe, again, for materialism. Behavioristic materialism. Alas for functionalism, good zombies still eat programs. Alas for identity theory, all zombies -- every B movie fan knows -- eat brains. (shrink)

In 1710 G. W. Leibniz published Theodicy: Essays on the Goodness of God, the Freedom of Man, and the Origin of Evil. This book, the only one he published in his lifetime, established his reputation more than anything else he wrote. The Theodicy brings together many different strands of Leibniz's own philosophical system, and we get a rare snapshot of how he intended these disparate aspects of his philosophy to come together into a single, overarching account of divine justice in (...) the face of the world's evils. At the same time, the Theodicy is a fascinating window into the context of philosophical theology in the seventeenth century. Leibniz had his finger on the intellectual pulse of his time, and this comes out very clearly in the Theodicy. He engages with all of the major lines of theological dispute of that time, demonstrating the encyclopaedic breadth of his understanding of the issues. Leibniz's Theodicy remains one of the most abiding systematic accounts of how evil is compatible with divine goodness. Any treatment of the problem of evil must, at some point, come to grips with Leibniz's proposed solution. This volume refreshes and deepens our understanding of this great work. Leading scholars present original essays which critically evaluate the Theodicy, providing a window on its historical context and giving close attention to the subtle and enduring philosophical arguments. (shrink)

Drew Leder's Clinical Interpretation: The Hermeneutics of Medicine [1] is an essay which understates its case and thereby opens itself to misinterpretation. This response to Leder argues for a more thorough-going hermeneutic for both medicine and science. At the conceptual as well as the practical level, modern medicine and its scientific foundations are hermeneutic enterprises. The purpose of this essay is to argue that we should not back away from this more radical thesis. Embracing it will result in less alienation (...) of physicians from patients, and of physicians from the tasks of medicine. (shrink)

Hauser defends the proposition that our languages of thought are public languages. One group of arguments points to the coincidence of clearly productive (novel, unbounded) cognitive competence with overt possession of recursive symbol systems. Another group relies on phenomenological experience. A third group cites practical and methodological considerations: Occam's razor and the "streetlight principle" (other things being equal, look under the lamp) that motivate looking for instantiations of outer languages in thought first.

The contribution of Eduard Zeller (1814-1908) relating to history of philosophy concerns almost exclusively the history of ancient philosophy and, in particular, the history of Greek philosophy. The results he obtained in the field of philological research as well as his efforts to achieve scientific accuracy enhanced modern criteria of the history of philosophy. Various revisers and editors of his great work "The philosophy of the Greeks" improved it by important complements due to new results provided by research in the (...) course of its historical development. (shrink)

Kuttner and Rosenblum's presentation of the "only objective evidence for consciousness" is criticized for not adequately defining consciousness , not providing at the outset an explanation of the philosophical-theoretical interpretation of quantum theory that would lead to a direct rationale for their "impossible" quantum experiments, and suggesting that data from their impossible experiments could be treated as non-theoretical "facts." It is concluded that Kuttner and Rosenblum fail to objectify consciousness.

The Philosophy of Criminal Law collects 17 of Doug Husak’s articles on legal theory, 16 of which have been previously published, spanning a period of over two decades. In sum, these 17 articles make a huge and lasting contribution to criminal law theory. There is much wisdom contained in them; and I find surprisingly little to disagree with, making my job as a critical reviewer quite challenging. Most of the points on which Doug and I disagree can be found in (...) my other published work in this field, so I will have little to say about them, except where they illuminate those few points of disagreement that arise in the particular essays I discuss. Most of what I will say will be in accord with Doug’s views and will principally explore their wider implications. The 17 essays in the book cover too many and too varied topics for one review essay. Therefore, I will focus on just three of them: “Rapes Without Rapists: Consent and Reasonable Mistake” ; “Mistakes of Law and Culpability”; and “Already Punished Enough.” Although I generally agree with the upshots of Doug’s arguments in these chapters, I think the issues they raise are worth further exploration. (shrink)

Although discussions of John Rawls’ A Theory of Justice generally refer to Rawls’ two principles of justice, and although Rawls himself labels his principles “the two principles of justice”, Rawls actually sets forth three distinct principles in the following lexical order: the liberty principle, the fair equality of opportunity principle, and the difference principle. Rawls argues at some length for the priority of the liberty principle over the other two. On the other hand, Rawls offers hardly any argument at all (...) for the priority of the fair equality of opportunity principle over the difference principle. In this article I will argue that making the fair equality of opportunity principle separate from and lexically prior to the difference principle is both intuitively unattractive and inconsistent with Rawls’ method of deriving principles of justice from the choices of rational contractors in the original position. (shrink)

This is the second volume in a sub-series of specially commissioned collaborative volumes on key topics at the heart of contemporary philosophy of law that will be appearing regularly within Cambridge Studies in Philosophy and Law. A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as: why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel (...) bound by the constitution of an earlier one? The volume will be of particular importance to those in philosophy, law, political science and international relations interested in what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation. (shrink)