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)
This paper provides a methodological schema for interpreting Hume's Dialogues concerning Natural Religion that supports the traditional thesis that Philo represents Hume's views on religious belief. To understand the complexity of Hume's ‘naturalism’ and his assessment of religious belief, it is essential to grasp the manner in which Philo articulates a consistently Humean position in the Dialogues.
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)
With the development of the division of labor, the household has declined in importance as a unit of economic production. Yet even as the individual wage earner has assumed a central place in modern exchange economies, the household has still been seen as an important unit of distribution, in which wage earners provide for their non-income-producing family members. With the breakdown of the family in recent decades, however, the communal income-sharing function of the family has, in significant part, been taken (...) overby the state. In this essay, I examine this fundamental change in the structure of production and distribution in modern exchange economies. Going beyond this, I propose a new structure of markets–markets for rights to influence collective decision-making within a society. Such markets, I suggest, wouldprovide a source of income for each member of the society. (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)
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)
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.
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)
This book brings together the most important theoretical work of James S. Coleman on problems of collective action. Coleman's work has formed a consistent and highly distinguished attempt to find an account of the workings of social and political processes rooted in the rationality of the individual participants. The chapters address in various ways the fundamental Hobbesian problem of order; the question of how a set of self-interested individuals can arrive at some kind of social order. The volume (...) is organised in three parts. The essays in Part I address the problem of social choice as a fundamental problem of the functioning of social systems. Those in Part II deal with relations of power as a crucial aspect of the relations between individual actions and their social consequences. Part III considers the question of the creation of collectivities and the rights that are allocated under them. As a whole, the volume demonstrates the integration and force of the views Coleman has developed. (shrink)
Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political (...) struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)
In this essay, author?educator?photographer A.D. Coleman considers a number of dilemmas inherent in photographing private persons in public places. ?Street photography?; is a genre whose ethical dimensions are often overlooked, despite the photographer's efforts to humanize and universalize a moment in time. According to the author, the dilemmas of street photography are imagistic, general, and philosophical, as well as pragmatic, specific, and legislative.
Citation: Kochanski, G., Coleman, J., Orphanidou, C., Alvey, C., McIntyre, A. & Golding, S.. Experimental tests of Features and Partial Specification. Talk presented by G. Kochanski, 17 December 2010, at the Laboratoire Parole et Langage, Université de Provence, Aix-en-Provence, France.
Keith A. Coleman Department of Philosophy, February 2008 University of Kansas A traditional problem concerning the meaning or logical content of statements of identity received its modern formulation in Gottlob Frege's "On Sense and Reference." Identity is taken either as a relation between objects or a relation between terms. If identity is interpreted as a relation between objects, then identity statements seem to be of little value since everything is clearly identical to itself. Assertions of identity are thought to (...) convey significant information, but it is hard to see how they can on this interpretation. If identity is instead interpreted as a relation between terms, then identity statements still seem to be of little value since apparently they only convey a linguistic pronouncement to use certain terms interchangeably. Assertions of identity do not appear to be about the use of language, but, on this understanding of identity, they evidently are. I examine the nature of the problem and the advantages and disadvantages of each one of the two approaches to interpreting the content of identity statements. I then investigate two approaches for solving the problem from the perspective of identity as a relation between objects. The first of these represents the account provided by Gottlob Frege, and the second represents the account provided by Saul Kripke. I conclude that neither one of these accounts finally solves the problem of identity in its entirety. I then examine Michael Lockwood's approach to resolving the problem of identity based on the idea of identity as a relation between terms. I discuss and critically evaluate Lockwood's account together with a modified version of that account. After arguing for the inadequacy of the views examined as ultimate solutions to the problem of identity, I end by suggesting a strategy prompted by treating identity as indiscernibility. (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 collection of essays by one of America's leading legal theorists is unique in its scope: It shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics and political science. There are four sections in the book. The first offers a new version of legal positivism and an original theory of legal rights. The second section critically evaluates the economic approach to law, and the third considers the relationship of justice to liability (...) for unintentional harms and to the practice of settling disputes rather than fully litigating them. Finally, Coleman explores formal social choice in democratic theory, the relationship between market behaviour and voting, and the view that morality itself, like law, is a solution of the problem of market failure. This book will be of cardinal importance to philosophers of law, legal theorists, political scientists and economists. (shrink)
Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.
Although he was born in Spain, George Santayana became a uniquely American philosopher, critic, poet, and best-selling novelist. Along with his Harvard colleagues William James and Josiah Royce, he is best known as one of the founders of American pragmatism and recognized for his insights into the theory of knowledge, metaphysics, and moral philosophy. The Essential Santayana presents a selection of Santayana's most important and influential literary and philosophical work. Martin A. Coleman's critical introduction sets Santayana into the American (...) philosophical tradition and provides context for contemporary readers, many of whom may be approaching Santayana's writings for the first time. This landmark collection reveals the intellectual and literary diversity of one of American philosophy's most lively minds. (shrink)
In his Discourses, Rousseau argues that inequalities of rank, wealth, and power are the inevitable result of the civilizing process. If inequality is intolerable - and Rousseau shows with unparalleled eloquence how it robs us not only of our material but also of our psychological independence - then how can we recover the peaceful self-sufficiency of life in the state of nature? We cannot return to a simpler time, but measuring the costs of progress may help us to imagine alternatives (...) to the corruption and oppressive conformity of modern society. Rousseau's sweeping account of humanity's social and political development epitomizes the innovative boldness of the Enlightenment, and it is one of the most provocative and influential works of the eighteenth century. This new translation includes all Rousseau's own notes, and Patrick Coleman's Introduction builds on recent key scholarship, considering particularly the relationship between political and aesthetic thought. (shrink)
According to the knowledge argument, physicalism fails because when physically omniscient Mary first sees red, her gain in phenomenal knowledge involves a gain in factual knowledge. Thus not all facts are physical facts. According to the ability hypothesis, the knowledge argument fails because Mary only acquires abilities to imagine, remember and recognise redness, and not new factual knowledge. I argue that reducing Mary’s new knowledge to abilities does not affect the issue of whether she also learns factually: I show that (...) gaining specific new phenomenal knowledge is required for acquiring abilities of the relevant kind. Phenomenal knowledge being basic to abilities, and not vice versa, it is left an open question whether someone who acquires such abilities also learns something factual. The answer depends on whether the new phenomenal knowledge involved is factual. But this is the same question we wanted to settle when first considering the knowledge argument. The ability hypothesis, therefore, has offered us no dialectical progress with the knowledge argument, and is best forgotten. (shrink)
How do we acquire a mental representation of our own face? Recently, synchronous, but not asynchronous, interpersonal multisensory stimulation between one’s own and another person’s face has been used to evoke changes in self-identification . We investigated the conscious experience of these changes with principal component analyses that revealed that while the conscious experience during synchronous IMS focused on resemblance and similarity with the other’s face, during asynchronous IMS it focused on multisensory stimulation. Analyses of the identified common factor structure (...) revealed significant quantitative differences between synchronous and asynchronous IMS on self-identification and perceived similarity with the other’s face. Experiment 2 revealed that participants with lower interoceptive sensitivity experienced stronger enfacement illusion. Overall, self-identification and body-ownership rely on similar basic mechanisms of multisensory integration, but the effects of multisensory input on their experience are qualitatively different, possibly underlying the face’s unique role as a marker of selfhood. (shrink)
Taking their motivation from the perceived failure of the reductive physicalist project concerning consciousness, panpsychists ascribe subjectivity to fundamental material entities in order to account for macro-consciousness. But there exists an unresolved tension within the mainstream panpsychist position, the seriousness of which has yet to be appreciated. I capture this tension as a dilemma, and offer advice to panpsychists on how to resolve it. The dilemma is as follows: Panpsychists take the micro-material realm to feature phenomenal properties, plus micro-subjects to (...) whom these properties belong. However, it is impossible to explain the generation of a macro-subject (like one of us) in terms of the assembly of micro-subjects, for, as I show, subjects cannot combine. Therefore the panpsychist explanatory project is derailed by the insistence that the world’s ultimate material constituents are subjects of experience. The panpsychist faces a choice of giving up her explanatory ambitions, or of giving up the claim that the ultimates are subjects. I argue that the latter option is preferable, leading to neutral monism, on which phenomenal qualities are irreducible but subjects are reducible. So panpsychists should be neutral monists. (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-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for (...) anyone working in legal theory and of interest to legal scholars generally, philosophers and legal theorists looking for a way in to understand current jurisprudential thinking. (shrink)
Panpsychism, an increasingly popular competitor to physicalism as a theory of mind, faces a famous difficulty, the ‘combination problem’. This is the difficulty of understanding the composition of a conscious mind by parts (the ultimates) which are themselves taken to be phenomenally qualitied. I examine the combination problem, and I attempt to solve it. There are a few distinct difficulties under the banner of ‘the combination problem’, and not all of them need worry panpsychists. After homing in on the genuine (...) worries, I identify some disputable assumptions that underlie them. Doing away with these assumptions allows us to make a start on a working conception of phenomenal combination. (shrink)
This book brings together international academics from a range of Social Science and Humanities disciplines to reflect on how Deleuze's philosophy is opening up and shaping methodologies and practices of empirical research.
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)
Due to their reliance on constitutive higher-order representing to generate the qualities of which the subject is consciously aware, I argue that the major existing higher-order representational theories of consciousness insulate us from our first-order sensory states. In fact on these views we are never properly conscious of our sensory states at all. In their place I offer a new higher-order theory of consciousness, with a view to making us suitably intimate with our sensory states in experience. This theory relies (...) on the idea of ‘quoting’ sensory qualities, so is dubbed the ‘quotational higher-order thought theory’. I argue that it can capture something of the idea that we are ‘acquainted’ with our conscious states without slipping beyond the pale for naturalists, whilst also providing satisfying treatments of traditional problems for higher-order theories concerning representational mismatch. The theory achieves this by abandoning a representational mechanism for mental intentionality, in favour of one based on ‘embedding’. (shrink)
This article examines and critiques the use of the term “vulnerability” in U.S. and international regulations and guidelines on research ethics. After concluding that the term is currently used in multiple, often inconsistent, senses, it calls on regulators to differentiate between three distinct types of vulnerability: “consent-based vulnerability,”“risk-based vulnerability,” and “justice-based vulnerability.”.
BackgroundCountries are increasingly devoting significant resources to creating or strengthening research ethics committees, but there has been insufficient attention to assessing whether these committees are actually improving the protection of human research participants.DiscussionResearch ethics committees face numerous obstacles to achieving their goal of improving research participant protection. These include the inherently amorphous nature of ethics review, the tendency of regulatory systems to encourage a focus on form over substance, financial and resource constraints, and conflicts of interest. Auditing and accreditation programs (...) can improve the quality of ethics review by encouraging the development of standardized policies and procedures, promoting a common base of knowledge, and enhancing the status of research ethics committees within their own institutions. However, these mechanisms focus largely on questions of structure and process and are therefore incapable of answering many critical questions about ethics committees' actual impact on research practices.The first step in determining whether research ethics committees are achieving their intended function is to identify what prospective research participants and their communities hope to get out of the ethics review process. Answers to this question can help guide the development of effective outcomes assessment measures. It is also important to determine whether research ethics committees' guidance to investigators is actually being followed. Finally, the information developed through outcomes assessment must be disseminated to key decision-makers and incorporated into practice. This article offers concrete suggestions for achieving these goals.ConclusionOutcomes assessment of research ethics committees should address the following questions: First, does research ethics committee review improve participants' understanding of the risks and potential benefits of studies? Second, does the process affect prospective participants' decisions about whether to participate in research? Third, does it change participants' subjective experiences in studies or their attitudes about research? Fourth, does it reduce the riskiness of research? Fifth, does it result in more research responsive to the local community's self-identified needs? Sixth, is research ethics committees' guidance to researchers actually being followed? (shrink)
Panpsychism is an eminently sensible view of the world and its relation to mind. If God is a metaphysician, and regardless of the actual truth or falsity of panpsychism, it is certain that he regards the theory as an honest and elegant competitor on the ﬁeld of ontologies. And if God didn’t create a panpsychist world, then there’s a fair chance that he wishes he had done so, or will do next time around. The difﬁculties panpsychism faces, then, are not (...) metaphysical ones. They are, instead, difﬁculties of understanding, and of acceptance by philosophers. The main difﬁculty of this sort the theory faces is that its ontology – with consciousness in some sense at the heart of all that exists1 – is deemed too bizarre, frankly, too humano-centric to be taken seriously. Why should anyone think that consciousness, widely held to be the preserve only of ourselves, plus the most recently evolved organisms, infuses the basement level of all existence? Such a thought seems to many – especially, to scientiﬁcally scrupled philosophers of mind – a narcissistic (or at best hopelessly anti-realist) folly, which doesn’t even deserve its day in court. Panpsychism.. (shrink)
Developing countries face numerous barriers to conducting effective and efficient ethics reviews of international collaborative research. In addition to potentially overlooking important scientific and ethical considerations, inadequate or insufficiently trained ethics committees may insist on unwarranted changes to protocols that can impair a study's scientific or ethical validity. Moreover, poorly functioning review systems can impose substantial delays on the commencement of research, which needlessly undermine the development of new interventions for urgent medical needs. In response to these concerns, the Drugs (...) for Neglected Diseases Initiative, an independent nonprofit organization founded by a coalition of public sector and international organizations, developed a mechanism to facilitate more effective and efficient host country ethics review for a study of the use of fexinidazole for the treatment of late stage African Trypanosomiasis. The project involved the implementation of a novel ‘pre-review’ process of ethical oversight, conducted by an ad hoc committee of ethics committee representatives from African and European countries, in collaboration with internationally recognized scientific experts. This article examines the process and outcomes of this collaborative process. (shrink)
The Postscript to 'The Concept of Law' contains Herbert Hart's only sustained and considered response to the objections made by his distinguished critic, Ronald Dworkin. In this extraordinary collection, an array of leading legal philosophers evaluates the success of Hart's response to Dworkin.
Chalmers has provided a dilemmatic master argument against all forms of the phenomenal concept strategy. This paper explores a position that evades Chalmers's argument, dubbed Type Bb: it is for Type B physicalists who embrace horn b of Chalmers's dilemma. The discussion concludes that Chalmers fails to show any incoherence in the position of a Type B physicalist who depends on the phenomenal concept strategy.
According to the Humean theory of motivation, a person can only be motivated to act by a desire together with a relevantly related belief. More specifically, a person can only be motivated to ϕ by a desire to ψ together with a belief that ϕ-ing is a means to or a way of ψ-ing. In recent writings, Michael Smith gives what has become a very influential argument in favour of the Humean claim that desire is a necessary part of motivation, (...) and a great deal has been written about Smith's defence of this Humean claim. However, no one has yet identified the fundamental weakness of his defence. The fundamental weakness is that there is no single conception of directions of fit that does all the work Smith needs it to do throughout the various stages of his defence. (shrink)
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