In 1993, Professor of Jurisprudence, Ronald Dworkin of Oxford University and Professor of Law at New York University, delivered the Georgetown Law Center’s thirteenth Annual Philip A. Hart Memorial Lecture: "Life’s Dominion: An Argument About Abortion and Euthanasia." Dworkin is Professor of Philosophy and Frank Henry Sommer Professor of Law at New York University. He received B.A. degrees from both Harvard College and Oxford University, and an LL.B. from Harvard Law School and clerked for Judge Learned Hand. He was (...) associated with a law firm in New York (Sullivan and Cromwell) and was a professor of law at Yale University Law School from 1962-1969. He has been Professor of Jurisprudence at Oxford and Fellow of University College since 1969. He has a joint appointment at Oxford and at NYU where he is a professor both in the Law School and the Philosophy Department. He is a Fellow of the British Academy and a member of the American Academy of Arts and Sciences. Professor Dworkin is the author of many articles in philosophical and legal journals as well as articles on legal and political topics in the New York Review of Books. He has written Taking Rights Seriously (1977), A Matter of Principle (1985), Law’s Empire (1986), Philosophical Issues in Senile Dementia (1987), A Bill of Rights for Britain (1990), Life’s Dominion (1993), and Freedom’s Law (1996). (shrink)

Written by the world's best-known political and legal theorist, Freedom's Law: The Moral Reading of the American Constitution is a collection of essays that discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Professor Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language (...) of the Constitution by reference to moral principles about political decency and justice. His `moral reading therefore brings political morality into the heart of constitutional law. The various chapters of this book were originally published separately and are now drawn together to provide the reader with a rich, full-length treatment of Dworkin's general theory of law. (shrink)

In «Naturalized Epistemology and the Law of Evidence Revisited», the original target article for the various refutations that I comment on here, I revisited through a slightly different lens the subject of the article that I coauthored with Brian Leiter close to twenty years ago. That article has prompted four responses from Professors Pardo, Spellman, Muffato, and Enoch. Professors Pardo and Spellman basically accept the implications of the original article and offer useful but friendly amendments. Prof. Muffato apparently does not (...) want to dispute over my ground and so changes the subject, and in doing so offers a number of interesting points. Only the fourth, Prof. Enoch, has the same doubts about the utility of my original article as I do of the genre that gave rise to it. I can thus be quite brief in discussing professors Pardo, Spellman, and Muffato, but it will take bit more effort to lay out the limits of Prof. Enoch’s analysis. (shrink)

A possible solution is offered to help resolve the “two times problem” regarding the veridical and illusory nature of time. First it is recognized that the flow of time is part of a wider array of temporal experiences referred to as manifest time, all of which need to be reconciled. Then, an information gathering and utilizing system model is used as a basis for a view of manifest time. The model IGUS robot of Hartle that solves the “unique present” debate (...) is enhanced with veridical and illusory components of not only the flow of time but also the larger entity of manifest time, providing a dualistic IGUS robot that represents all of the important temporal experiences. Based upon a variety of prior experiments, that view suggests that the veridical system is a reflection of accepted spacetime cosmologies and through natural selection begets the illusory system for functional purposes. Thus, there are not two opposing times, one outside and one inside the cranium. There is just one fundamental physical time which the brain developed, now possesses and is itself sufficient for adaption but then enhances. The illusory system is intended to provide a more satisfying experience of physical time, and better adaptive behavior. Future experiments to verify that view are provided. With a complete veridical system of temporal experiences there may be less need to reify certain temporal experiences so that the two times problem is less of a problem and more of a phenomenon. (shrink)

We revisit Naturalized Epistemology and the Law of Evidence, published twenty years ago. The evolution of the relative plausibility theory of juridical proof is offered as evidence of the advantage of a naturalized approach to the study of the field and law evidence. Various alternative explanations of aspects of juridical proof from other disciplines are examined and their shortcomings described. These competing explanations are similar in their reductive, a priori approaches that are at odds with an empirically oriented naturalized approach. (...) The shortcomings of the various a priori approaches are driven by their common methodological commitments to employing weird hypotheticals to engage in intuition mining about the American legal systems that in turn ignore important aspects of the actual legal systems and consistently make impossible epistemological demands. As a result, both their descriptions of and prescriptions for American legal systems are implausible, unlike the relative plausibility theory. (shrink)

There are two ways of understanding experimental philosophy's process of appealing to intuitions as evidence for or against philosophical claims: the positive and negative programs. This chapter deals with how the positivist method of conceptual analysis is affected by the results of the negative program. It begins by describing direct extramentalism, semantic mentalism, conceptual mentalism, and mechanist mentalism, all of which argue that intuitions are credible sources of evidence and will therefore be shared. The negative program challenges this view by (...) questioning if there can be in fact a shared intuition about a specific hypothetical case, as conflicting intuitions are as likely to arise. The chapter then discusses other issues raised by the negativists such as the limits of surveys and the proper domain problem. (shrink)

Religious atheism? -- The universe -- Religious freedom -- Death and immortality.

Diane Vaughan’s analysis of the causes of the Challenger accident suggests ways to apply science and technology studies to the teaching of engineering ethics. By sensitizing future engineers to the ongoing construction of risk during mundane engineering practice, we can better prepare them to address issues of public health, safety, and welfare before they require heroic intervention. Understanding the importance of precedents, incremental change, and fallible engineering judgment in engineering design may help them anticipate potential threats to public safety arising (...) from routine aspects of workplace culture. We suggest modifications of both detailed case studies on engineering disasters and hypothetical, ethical dilemmas employed in engineering ethics classes. Investigating the sociotechnical aspects of engineering practice can improve the initial recognition of ethical problems in real-world settings and provide an understanding of the role of workplace organization and culture in facilitating or impeding remedial action. (shrink)

Over the course of human history, the sciences, and biology in particular, have often been manipulated to cause immense human suffering. For example, biology has been used to justify eugenic programs, forced sterilization, human experimentation, and death camps—all in an attempt to support notions of racial superiority. By investigating the past, the contributors to _Biology and Ideology from Descartes to Dawkins_ hope to better prepare us to discern ideological abuse of science when it occurs in the future. Denis R. Alexander (...) and Ronald L. Numbers bring together fourteen experts to examine the varied ways science has been used and abused for nonscientific purposes from the fifteenth century to the present day. Featuring an essay on eugenics from Edward J. Larson and an examination of the progress of evolution by Michael J. Ruse, _Biology and Ideology_ examines uses both benign and sinister, ultimately reminding us that ideological extrapolation continues today. An accessible survey, this collection will enlighten historians of science, their students, practicing scientists, and anyone interested in the relationship between science and culture. (shrink)

Echoing the debate about the nature of law that has dominated legal philosophy for several decades, this volume includes essays on the nature of law and on law not as it is but as it should be. Wherever possible, essays have been chosen that have provoked direct responses from other legal philosophers, and in two cases these responses are included. Contributors include H.L.A. Hart, R.M. Dworkin, Lord Patrick Devlin, John Rawls, J.J. Thomson, J. Finnis, and T.M. Scanlon.

Journal of Political Philosophy, EarlyView.

Using the emerging technology of large-scale textual analysis, this study examines the use of the term ‘customer satisfaction’ and its variants in the annual reports issued by publicly traded U.S. corporations and filed with the Securities and Exchange Commission as Form 10-K. We document the frequency of the term’s occurrence in 10-Ks over the 1995–2013 period and the differences in usage across industries. We then relate the term’s usage in 10-Ks to subsequent scores from the American Customer Satisfaction Index to (...) determine whether management’s discussion of customer satisfaction in financial disclosures is credible. The commitment of management to shareholders versus, more broadly, stakeholders is a central question in business ethics, and the integrity of management communication is a fundamental construct in the American Marketing Association’s Statement of Ethics. We document a complex relation between management’s discussion of customer satisfaction and subsequently reported satisfaction. We find that the general use of customer satisfaction in 10-K documents is negatively correlated with subsequent ACSI scores. However, for retail firms, when the phrase is located near words indicating measurement or monitoring of the phenomenon, the empirical relation is reversed and becomes positive. (shrink)

Alfred Betschart has claimed that the project of existential Marxism is a contradiction in terms, but this argument, even when supported by many experts and quotes from Sartre’s 1975 interview, misses the point of my Boston Review article, “The Philosophy of Our Time.” I believe the important argument today is not about whether we can prove that Sartre ever became a full-fledged Marxist, but rather about the political and philosophical possibility, and importance today, of existentialist Marxism.

Journal of Chinese Philosophy, EarlyView.

The essays in this book clarify the technical, legal, ethical, and social aspects of the interaction between eHealth technologies and surveillance practices. The book starts out by presenting a theoretical framework on eHealth and surveillance, followed by an introduction to the various ideas on eHealth and surveillance explored in the subsequent chapters. Issues addressed in the chapters include privacy and data protection, social acceptance of eHealth, cost-effective and innovative healthcare, as well as the privacy aspects of employee wellness programs using (...) eHealth, the use of mobile health app data by insurance companies, advertising industry and law enforcement, and the ethics of Big Data use in healthcare. A closing chapter draws on the previous content to explore the notion that people are 'under observation', bringing together two hitherto unrelated streams of scholarship interested in observation: eHealth and surveillance studies. In short, the book represents a first essential step towards cross-fertilization and offers new insights into the legal, ethical and social significance of being 'under observation'. (shrink)

A vast literature has developed probing the law's aversion to statistical/probability evidence in general and its rejection of naked statistical evidence in particular. This literature rests on false premises. At least so far as US law is concerned, there is no general aversion to statistical forms of proof and even naked statistics are admissible and sufficient for a verdict when the evidentiary proffer meets the normal standards of admissibility, the most important of which is reliability. The belief to the contrary (...) rests upon a series of mistakes: most importantly, mismodeling of the structure of legal systems and the nature of common law decision making. Contributing to these mistakes is the common methodology in this literature of relying on weird hypotheticals that mismodel the underlying legal relations and contain impossible epistemological demands. Collectively, these phenomena have distracted attention from issues that actually affect real legal systems. (shrink)

Forty years ago, Vaughn Ball demonstrated that the then received notion of conditional relevance served no useful purpose, as it would only come into effect if the probability of an element were 0.0. But, if the probability of an element were 0.0, a directed verdict would be in order and so once again conditional relevancy was doing no work. I extended that analysis to include the relationship between proffers of evidence and facts of consequence to demonstrate that the work that (...) conditional relevancy was supposedly doing was isomorphic to that done by relevancy in all significant ways, and yet the Federal Rules of Evidence provide different standards for the two situations to determine admissibility. I thus proposed an amendment to FRE 104(b) to provide for the same standard to be applied to ‘relevancy’ and ‘conditional relevancy’. In a recent article, Matthew Kotzen appears to subject this work to intense scrutiny and criticism, yet at the same time reaches, so far as I can tell, identical conclusions. This raises the question, which I examine, whether this is an example of cross-disciplinary difficulties in communication. (shrink)

RESUMEN Durante el siglo XVII, el reloj parece el modelo más adecuado para pensar los seres vivos. El filósofo alemán G. W. Leibniz es parte de la tradición mecanicista que concibe los seres vivos a partir del modelo del reloj o de los autómatas, pero establece una distinción esencial entre máquinas naturales y artificiales, que muestra los límites de este modelo. Las primeras son máquinas infinitamente complejas, máquinas dentro de máquinas ad infinitum, las segundas no, alcanzan un límite de complejidad. (...) Esta distinción obliga a ir más allá del reloj como modelo de los seres vivos, pues este modelo resulta insuficiente para comprender la dinámica propia de los seres vivos, en al menos dos aspectos: a) deja sin explicar el origen de la estructura o forma del ser vivo; b) no establece un principio interno de actividad que fundamente la unidad dinámica y estructural del ser vivo. Con su noción de organismo o máquina natural, Leibniz intenta resolver estas insuficiencias del modelo puramente mecánico: a) en su propuesta el ser vivo no se constituye de manera mecánica o serial, sino de una vez, por un acto de creación; b) la conservación del ser vivo en el tiempo sólo es comprensible a partir de un principio de actividad intrínseca que dota de unidad, actividad y estructura al viviente. ABSTRACT During the seventeenth century, the clock seems the most appropriate model for thinking about living beings. The German philosopher G. W. Leibniz, is part of the mechanical tradition that conceives living beings from the clock or the automata’s model, but he establishes an essential distinction between natural and artificial machines. This distinction shows the limits of the mechanical model. The machines of nature are infinitely complex machines, machines within machines ad infinitum; the artificial machines, instead, reach a limit of complexity. This distinction forces us to go beyond the clock as a model of living beings, because this model is insufficient to understand the dynamics of living beings, in at least two aspects: a) it is not able to explain the origin of the living being’s structure or form; b) it does not establish an internal principle of activity grounding the living being’s dynamic and structural unit. With his notion of organism or natural machine, Leibniz tries to solve these insufficiencies of the purely mechanical model: a) in his proposal, the living being is not constituted mechanically or serially, but at once, by an act of creation; b) the conservation of the living being in time is only understandable from a principle of intrinsic activity that provides unity, activity and structure to living beings. (shrink)

This article employs Umberto Eco’s 2004 novel The Mysterious Flame of Queen Loana as an exemplar of the hypertextuality of Eco’s semiotic theory. Eco’s project illustrates existential semiotics, providing a corrective to Euro Tarasti. For Tarasti signs reveal possibilities for transcendence in the lived world with ‘omnipresent’ meaning in an enunciative dialogue between signs and a semiotic subject. Tarasti’s existential signs are communicative alerts that illuminate a semiotic subject’s journey of transcendence, creating meaning via infusion of signs with signification. This (...) article forgoes Tarasti’s insistence on transcendence. The vitality of existential semiotic signs is displayed through Eco’s hypertextual approach to semiotics manifested in The Mysterious Flame of Queen Loana. Eco’s insights model an existential semiotic, correcting Tarasti’s pragmatically flawed but theoretically significant undertaking. Our rationale for explicating the scope of Tarasti’s work exemplifies an existential disconnect between information accumulation and signification. We present Tarasti’s project due to its fundamental signification for understanding the importance and vitality for existential semiotics. Existential semiotics illuminates the signifying function of communication in the presence of the ineffable. (shrink)

Journal of Mass Media Ethics, Volume 26, Issue 2, Page 176-178, April-June.

When published, Sartre's Critique of Dialectical Reason appeared to be a major intellectual and political event, no less than a Kantian effort to found Marxism, with far-reaching theoretical and political consequences. Claude Levi-Strauss devoted a course to studying it, and debated Sartre's main points in The Savage Mind; Andre Gorz devoted a major article to explaining its importance and key concepts in New Left Review. Many analysts of the May, 1968 events in Paris claimed that they were anticipated by the (...) Critique. But the book has had a very quiet 50th anniversary: it is now clear that the project has had little lasting effect beyond a narrow band of specialists. It has not entered the wider culture, has not been picked up beyond Sartre scholars except by one or two philosophically interested social scientists and feminist thinkers; and after the energy of 1968 wore off the Critique faded as well from the radar of political activists. This article asks and attempts to answer the perplexing question: Why? What became of the great promise of Sartre's project? (shrink)