John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...) then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse. (shrink)

A broad range of intellectual perspectives may be brought to bear on any important social institution. To this general rule, the institution of private property is no exception. The desirability of private property has been endlessly debated across the disciplines: philosophical, historical, economic, and legal. Yet there is very little consensus over its proper social role and limitations. Is it possible to find a unique solution to questions of property and private ownership, good for all resources and for all times? (...) The famous defense of private property that is found in chapter 5 of John Locke's Second Treatise of Government answers this question in the affirmative, for Locke writes as though all property was given to mankind in common, and then seeks to find the quickest and most expeditious way to convert all common property into private property. His implicit, but undefended, assumption is that common forms of property are both undesirable and unstable, while private forms of ownership are always just the opposite. Yet his preferred method for moving from a commons to a regime of private property—the unilateral decision to appropriate by each actor—is one that has been frequently condemned as a sop to unbridled egotism, even though it is subject to two constraints: the first against waste, and the second requiring the appropria-tor to leave “enough, and as good” for others. (shrink)

The health care needs of rural populations often differ from those of their urban counterparts. And the ethical dilemmas that caregivers face are distinctively shaped in rural settings, not only by resource constraints, but by the nature of life in small, close-knit communities as well.

In Anarchy, State, and Utopia, Robert Nozick seeks to demonstrate that principles of justice in acquisition and transfer can be applied to justify the minimal state, and no state greater than the minimal state. That approach fails to acknowledge the critical role that forced exchanges play in overcoming a range of public goods and coordination problems. These ends are accomplished by taking property for which the owner is compensated in cash or in kind in an amount that leaves him better (...) off (by his own lights) than before the transaction. Forced exchanges use coercion to form the state, but the just compensation requirement guards against redistribution state imposed redistribution for collateral purposes. Once these forced exchanges are allowed to form a state, then they may be used thereafter to justify the powers of taxation and eminent domain used to support infrastructure (roads, sewers, public utilities) that neither the minimal state nor private markets can supply. Footnotesa I have benefited from comments at the workshop at the Social Sciences Division of the California Institute of Technology. My thanks to Justin Herring and Eric Murphy, The University of Chicago Law School, for their usual capable research assistance. (shrink)

This book is dedicated to a classic presentation of the theory of computable functions in the context of the foundations of mathematics. Part I motivates the study of computability with discussions and readings about the crisis in the foundations of mathematics in the early 20th century, while presenting the basic ideas of whole number, function, proof, and real number. Part II starts with readings from Turing and Post leading to the formal theory of recursive functions. Part III presents sufficient formal (...) logic to give a full development of Gödel's incompleteness theorems. Part IV considers the significance of the technical work with a discussion of Church's Thesis and readings on the foundations of mathematics. This new edition contains the timeline "Computability and Undecidability" as well as the essay "On mathematics". (shrink)

Without question, the libertarian vision that envisions the use of state power to control force and fraud as a proper governmental function is one piece of any comprehensive political theory. But the hard-line libertarian goes astray in finding this the sole function of government or in thinking that the maintenance of order is possible without the imposition of taxes. Rather, the case for taxation rests on the familiar view that state coercion is sometimes necessary to overcome coordination problems. The justification (...) for a minimal system of taxation therefore is that it provides more in benefits for the individuals taxed than they lose in revenue. Stressing the benefit shows the mistake in Nozick’s famous observation that taxation is “on a par” with forced labor. And the proper understanding of the logic of taxation shows the defects in the series of steps in demoktesis—or “ownership of the people, by the people, and for the people”—that Nozick offers to show how difficult it is to draw any clear line between taxation and slavery. (shrink)

The most popular method of incorporating time into a formal logic is based on the work of Arthur Prior. It treats tenses as operators on sentences. In this essay I show a serious problem with that approach, a confusion of scheme versus proposition, which makes any system built in that way incoherent. I will compare how other formal logics deal with the scheme versus proposition distinction and find that only for formal modal logics does the same problem arise. I then (...) compare Prior’s approach to other ways of taking time into account in formal logics. (shrink)

John Donne's song was hardly written in the tradition of political philosophy, but it has a good deal to say about the theme of luck, both good and bad, which I want to address. There is no doubt but that bad luck has bad consequences for the persons who suffer from it. If there were a costless way in which the consequences of bad luck could be spread across everyone in society at large, without increasing the risk of its occurrence, (...) then most of us would pronounce ourselves better off for the change. In this sense it can be said, for example, that there is a utilitarian grounding for a moral obligation to care and provide for those persons who suffer the fortunes of bad luck. For the sake of argument I do not wish to contest this particular starting point, although there are many who would. Instead, I want to ask the question of whether this moral obligation should be converted into a legal obligation, backed by public force. The dominant answer to that question today is yes. Even those who think that markets should determine decisions on production find that the state has a proper role to reduce the adverse consequences of bad luck. My cast of mind is more skeptical. In life, or, in this instance, politics, “come bad chance, and we do join to it our strength.” In general the effort to use coercion to counter the adverse effects of luck tends only to make matters worse. (shrink)

The inequalities of wealth and fortune form a central part of the human condition, and these over time have been a constant source of social unease. Whether they should be praised and preserved or endured or corrected is an issue that produces uniform discord. One source of this difficulty in analysis stems from the possible ways in which these persistent inequalities arise. It is easy to condemn any differences in wealth created by the victor's expropriation of the vanquished's honest toil. (...) It is far more difficult to condemn those identical differences when they are attributable to the thrift and foresight of the successful relative to the laziness or self-destructiveness of the impoverished. Furthermore, most find it morally ambiguous how best to respond to differences between persons that are the result of luck or chance, such that they do not reflect positively or negatively on either the character of those who have done well or those who have done poorly. (shrink)

Abstract In Simple Rules for a Complex World, I outlined a set of legal rules that facilitate just and efficient social interactions among individuals. Frederick Schauer's critique of my book ignores the specific implications of my system in favor of a general critique of simplicity that overlooks the dangers to liberty when complex rules confer vast discretion on public figures. He also does not refer to the nonlibertarian features of my system that allow for overcoming holdout positions. These ?take and (...) pay? rules explain how a system broadly protective of private property responds to well?known two?person (Able?Infirm) hypothetical of the sort advanced by G. A. Cohen, which are designed to show how claims of self?ownership lend strong support to egalitarian outcomes. (shrink)

Definite referring expressions have been studied almost exclusively with respect to their ability to uniquely identify objects. Based on examples of NPs with the drawn from naturally occurring texts, I argue that definite referring expressions serve other functions, as well — they indicate the prominence of a referent, the referent's status as a role function or the viewpoint from which the referent is presented. All of this information contributes to the construction of discourse referents and is therefore part of the (...) speech act of referring. In general, speakers do not talk about objects in a neutral fashion, but rather attempt to induce addressees to accept them into the discourse under different guises. Thus, the notion of a successful reference cannot be restricted to cases in which an object is uniquely identified. (shrink)

Most forms of egalitarian theory impose on government to redress the inequalities of fortune that result from bad luck. This Article takes issue with the various forms of this large claim, and argues that decentralized forms of assistance are likely in the long run to do better by the very standards by which egalitarians justify their own program. The alleviation of poverty depends in the first instance on increases in wealth that can only come through private innovation and technological advances. (...) These have in fact produced major improvements in overall well-being, with disproportionate advances for the poor. But if one starts with Dworkin’s unsustainable distinction between option and brute luck, or Nussbaum and Sen’s capability theory, then no egalitarian theory can deliver on the promise to level differences in wealth without seriously compromising overall levels of social welfare. By expanding the scope of government regulation, these proposals open the door to selfish political forces whose political clout ensures that ill-conceived programs, such as the Americans with Disabilities Act, frustrate the very goals they hope to achieve. State intervention to redistribute resources should be understood as a last resort for dealing with problems of ill fortune. (shrink)

This is a review of Hans Moravec''s book, Robot: Mere Machine to Transcendent Mind. This review raises three categories of questions relating to Moravec''s vision of the future. First, there are the ethical and social implications issues implicit in robotics research. Second, there are the soul issues, which especially relate to the prospect of the demoralization of human beings. Third, there is the issue as to whether a robot could ever be a sentient being.

Abstract G. A. Cohen's argument against the claim that respect for self?ownership entails libertarianism features the imaginary example of ?Able and Infirm.? Richard Epstein, Tom Palmer, and Am Feallsanach criticize the example, but fail to rescue libertarianism from Cohen's attack. This is due to a misunderstanding of the role the example plays in Cohen's argument, and to a false belief that the initial ownership status of the world is important for resolving disputes in political philosophy.

The predictive inadequacy of the social sciences is well documented, and philosophers have sought to diagnose it. This paper examines Brian Epstein’s recent diagnosis. He argues that the social sciences treat the social world as entirely composed of individual people. Instead, social scientists should recognize that material, non-individualistic entities determine the social world, as well. First, I argue that Epstein’s argument both begs the question against his opponents and is not sufficiently charitable. Second, I present doubts that his (...) proposal will improve predictive success for the social sciences, which I support with Edith Penrose’s resource-based theory of the firm. (shrink)

Toward a New Socialism offers a critical analysis of capitalism's failings and the imminent need for socialism as an alternative form of government. Dr. Richard Schmitt joins with Dr. Anatole Anton to compile a volume of essays exploring the benefits and consequences of a socialist system as an avenue of increased human solidarity and ethical principle.

I. What Vintage of Civil Rights? In this paper I wish to compare and contrast two separate conceptions of civil rights and to argue that the older, more libertarian conception of the subject is preferable to the more widely accepted version used in the modern civil rights movement. The first conception of civil rights focuses on the question of individual capacity. The antithesis of a person with civil rights is the slave. But even if individuals are declared free, they are (...) nonetheless denied their civil rights if they are unable to own property, to enter into contracts, to make wills, to give evidence, and to sue in courts. With all these civil rights claims, the target of the individual grievance is the state; it has denied large classes of individuals the formal capacities that it recognized and protected in others. The Civil War was fought largely over slavery. In its aftermath, civil rights claims protecting individual capacity received explicit, if imperfect, statutory and constitutional protection. The postbellum protections did not guarantee these rights in absolute fashion – that is, in a way that would not be susceptible to abridgment under any circumstances. Instead, civil rights were protected in what might be called a relative fashion: whatever rights of this sort were enjoyed by white citizens were to be enjoyed by the newly freed black citizens as well. (shrink)

'Tis true governments cannot be supported without great charge, and it is fit everyone who enjoys a share of the protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e., the consent of the majority giving it either by themselves or their representatives chosen by them. For if any one shall claim a power to lay and levy taxes on the people, by his own authority, and (...) without such consent of the people, he thereby invades the fundamental law of property and subverts the end of government. For what property have I in that which another may by right take when he pleases to himself. (shrink)

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities, but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

The design of new constitutions is fraught with challenges on both issues of structural design and individual rights. As both a descriptive and normative matter it is exceedingly difficult to believe that one structural solution will fit all cases. The high variation in nation size, economic development, and ethnic division can easily tilt the balance for or against a Presidential or Parliamentary system, and even within these two broad classes the differences in constitutional structure are both large and hard to (...) measure. The only confident claim is that some system of separation of powers coupled with checks and balances is needed. Deciding which system, however, is far harder. In contrast, that same level of doubt does not arise in connection with the correct specification of individual right. Strong systems of negative rights on matters of liberty, property, religion, and speech are preferable across a wide range of social organizations. On the other hand, any effort to create systems of positive entitlements will fail because of the negative effects that they have on wealth creation and the inability to define or limit the scope of the relevant entitlements. (shrink)

It is a common conceit of academic writing to insist that progress in some given area of law or political theory is hampered by hopeless confusion over the meaning of certain standard terms. My usual attitude toward such claims is one of passionate rejection. Because the English language has served us well for such a long period of time, I bring a strong presumption of distrust to any claim of the conceptual poverty of ordinary language. The persistent fears of lack (...) of understanding are in general refuted by the success of communication in ordinary life, as measured by the coordination of human behavior that language facilitates. (shrink)

Imitation is said to be the sincerest form of flattery. Socially, the proposition may well be true. But in the world of ideas it is false: to the extent that two incompatible traditions use the same words or symbols to articulate different visions of legal or social organization, imitation begets confusion, not enlightenment. The effects of that confusion, moreover, are not confined to the world of ideas, but spill over into the world of politics and public affairs. Words are more (...) than tools of description: they work also as tools of persuasion and transformation. Let a term have a favorable connotation in one context, and its imitative use can mislead people into thinking that a major departure from established practice is merely the extension or updating of an old principle to deal with new circumstances. (shrink)

Political theory has a good deal to say both for and against the establishment of the modern welfare state. As one might expect, most of that discussion is directed toward the expanded set of basic rights that the state confers on its members. In its most canonical form, the welfare state represents a switch in vision from the regime of negative rights in the nineteenth century to the regime of positive rights so much in vogue today. Negative rights—an inexact and (...) somewhat misleading term— stress the right of an individual to be free from certain kinds of external interventions. These rights arrange themselves on two basic lists. The first list generates a set of civil capacities that all individuals enjoy over their own labor and property: the right to contract, to make wills, to sue and be sued, to give evidence, and the like. The second list, from which the term “negative rights” derives, protects all persons from interference, either by force or by fraud, in the conduct of their own affairs. The resulting set of rights is short, snappy, and knowable; it is internally consistent; and it prepares the stage for productive human behavior while limiting destructive forms of behavior. Even though it is not couched in explicit utilitarian language, it can surely be defended on general functional grounds. (shrink)

In this paper, I want to explore the relationship between the various forms of individual self-interest and the appropriate structures of government. I shall begin with the former, and by degrees extend the analysis to the latter. I do so in order to mount a defense of principles of limited government, private property, and individual liberty. The ordinary analysis of self-interest treats it as though it were not only a given but also a constant of human nature, and thus makes (...) few allowances for differences between persons. Yet common experience tells us that personality and behavior are as unique as fingerprints. The positive inquiry, therefore, is how we find what is constant about self-interest in a world of natural human diversity. The normative inquiry must take into account both the constant and variable features of human nature in order to determine what forms of social arrangements hold the greatest prospect of long-term social advantage. The gulf between ‘is’ and ‘ought’ must be overcome here, as it must be in all normative discourse. Yet we cannot make sensible judgments of what ought to be the case in the domain of rules unless we first have some idea of what is the case in the domain of behavior. The initial inquiry asks why self-interest is regarded as a constant of human behavior. The explanation derives more from the biological and less from the social. The powerful pressures of natural selection weed out any organisms for whom selfinterest is not the paramount consideration. (shrink)

Isaac Newton was indisputably one of the greatest scientists in history. His achievements in mathematics and physics marked the culmination of the movement that brought modern science into being. Richard Westfall's biography captures in engaging detail both his private life and scientific career, presenting a complex picture of Newton the man, and as scientist, philosopher, theologian, alchemist, public figure, President of the Royal Society, and Warden of the Royal Mint. An abridged version of his magisterial study Never at Rest, (...) this concise biography makes Westfall's highly acclaimed portrait of Newton newly accessible to general readers. (shrink)

While it seems to be evident that the vision of the eternal return of the same is the solution to the riddle mentioned in "On the vision and the riddle," exactly what constitutes the riddle is anything but clear. Li ke all good riddles the solution demands a paradigm shift. Nietzsche's riddle is solved by a radical rethinking of the concept of time, from a straight line to a circle. I give a detailed account of how Nietzsche's riddle is formulated (...) in such a way tha t the eternal return of the same is the only possible solution. (shrink)

How do we know and understand who we really are as human beings? The concept of 'the self' is central to many strands of psychology and philosophy. This book tackles the problem of how to define persons and selves and discusses the ways in which different disciplines, such as biology, sociology and philosophy, have dealt with this topic. Richard S. Hallam examines the notion that the idea of the self as some sort of entity is a human construction and, (...) in effect, a virtual reality. At the same time, this virtual self is intimately related to the reality of ourselves as biological organisms. Aiming to integrate a constructionist understanding of self with the universalizing assumptions that are needed in natural science approaches, this text is unique in its attempt to create a dialogue across academic disciplines, while retaining a consistent perspective on the problem of relating nature to culture. (shrink)

Taking Isaac Newton at his own word, historians have long agreed that the decade of the 1660s, when Newton was a young man in his twenties, was the critical period in his scientific career. In the years 1665 and 1666, he has told us, he hit on the ideas of cosmic gravitation, the composition of white light, and the fluxional calculus. The elaboration of these basic ideas constituted his scientific achievement. Nevertheless, the decade of the 1660s has remained a virtual (...) blank in our knowledge of Newton. It need not remain so always. His papers contain a wealth of manuscripts from his undergraduate years and the period immediately following. The first volume of his mathematical papers, which will soon be published, will demonstrate how extensive the information on his early mathematical development is. The development of his non-mathematical studies, especially of what I shall call his scientific studies to distinguish them from the mathematical, can be followed as well—in his reading notes, in his notebooks, above all in the passage in his philosophical notebook labelled Quaestiones quaedam Philosophicae. In this passage we see emerging into consciousness for the first time the questions on which Newton's philosophy of nature was built. (shrink)