Retrospective rule-making has few supporters and many opponents. Defenders of retrospective laws generally do so on the basis that they are a necessary evil in specific or limited circumstances, for example to close tax loopholes, to deal with terrorists or to prosecute fallen tyrants. Yet the reality of retrospective rule making is far more widespread than this, and ranges from ’corrective’ legislation to ’interpretive regulations’ to judicial decision making. The search for a rational justification for retrospective rule-making necessitates a reconsideration (...) of the very nature of the rule of law and the kind of law that can rule, and will provide new insights into the nature of law and the parameters of societal order. This book examines the various ways in which laws may be seen as retrospective and analyses the problems in defining retrospectivity. In his analysis Dr Charles Sampford asserts that the definitive argument against retrospective rule-making is the expectation of individuals that, if their actions today are considered by a future court, the applicable law was discoverable at the time the action was performed. The book goes on to suggest that although the strength of this ’rule of law’ argument should prevail in general, exceptions are sometimes necessary, and that there may even be occasions when analysis of the rule of law may provide the foundation for the application of retrospective laws. (shrink)
Discussion of J. Kevin O’Regan’s “Why Red Doesn’t Sound Like a Bell: Understanding the Feel of Consciousness” Content Type Journal Article Pages 1-20 DOI 10.1007/s13164-012-0090-7 Authors J. Kevin O’Regan, Laboratoire Psychologie de la Perception, CNRS - Université Paris Descartes, Centre Biomédical des Saints Pères, 45 rue des Sts Pères, 75270 Paris cedex 06, France Ned Block, Departments of Philosophy, Psychology and Center for Neural Science, New York University, 5 Washington Place, New York, NY 10003, USA Journal Review of Philosophy and (...) Psychology Online ISSN 1878-5166 Print ISSN 1878-5158. (shrink)
This essay examines the intellectual origins of Tocqueville's thoughts on political economy. It argues that Tocqueville believed political economy was crucial to what he called the ‘new science of politics’, and it explores his first forays into the discipline by examining his studies of J.-B. Say and T.R. Malthus. The essay shows how Tocqueville was initially attracted to Say's approach as it provided him with a rigorous analytical framework with which to examine American democracy. Though he incorporated important aspects of (...) Say's work in Democracy in America , he was troubled by elements of it. He was unable to articulate clearly these doubts until he began studying Malthus. What he learned from Malthus caused him to move away from the more formalised approach to political economy advocated by Say and his disciples and move towards an approach advocated by Christian political economists, such as Alban Villeneuve-Bargemont. This shift would have important consequences for the composition of Democracy in America. (shrink)
As the editor noted in the last number Freddie Ayer, or Professor Sir Alfred Ayer, played a considerable part in launching the vast enterprise of the Bentham edition. It is fitting, therefore, that something be said in Utilitas about his achievement as a philosopher and the extent to which he falls within the same broad empiricist and utilitarian tradition to which Bentham and J. S. Mill belonged.
In On Liberty, Mill says that ‘the same causes which make … [a person] a Churchman in London, would have made him a Buddhist or a Confucian in Pekin’. Despite Mill's not having drawn it out, there is an argument implicit in his comments that is germane to both externalist and internalist understandings of the epistemic justification of religious beliefs, even though some of these understandings would not wish to use the term ‘epistemic justification’ to refer to whatever it is (...) that they suggest must be added to true belief for it to count as knowledge. In this paper, we shall articulate this argument; examine how it challenges those religious believers who would wish to claim their religious beliefs as knowledge; and consider what they may do to meet this challenge. (shrink)
Summary In 1874, the Dutch chemist and Nobel prizewinner Jacobus Henricus van 't Hoff (1852?1911) laid the foundations for stereochemistry with a publication in which he openly suggested that molecules were real physical entities with a three-dimensional structure. He visualized this new spatial concept with illustrations, but also with the help of small cardboard molecular models, which he made himself. Some of these models have survived the ravages of time and are among the oldest molecular models in the world still (...) in existence. What is more, they are the first material models of a three-dimensional molecular structure ever made. This article describes the surviving Van 't Hoff models, kept in Museum Boerhaave in Leiden and in the Deutsches Museum in Munich. Special attention is paid to the use of these models and the specific purposes they served. A closer examination of the models and their context reveals that they had an essential part to play in the early development and spread of Van 't Hoff's stereochemistry theory: he put his molecular models not only to versatile use as didactic tools, scientific instruments, and precursors to experimental proof, but also as devices to persuade other scientists of the usefulness of his theory. (shrink)
In Heidegger’s Being and Time certain concepts are discussed which are central to the ontological constitution of Dasein. This paper demonstrates the interesting manner in which some of these concepts can be used in a reading of T.S. Eliot’s The Love Song of J. Alfred Prufrock. A comparative analysis is performed, explicating the relevant Heideggerian terms and then relating them to Eliot’s poem. In this way strong parallels are revealed between the two men’s respective thoughts and distinct modernist sensibilities. Prufrock, (...) the protagonist of the poem, and the world he inhabits illustrate poetically concepts such as authenticity, inauthenticity, the ‘they’, idle talk and angst, which Heidegger develops in Being and Time. (shrink)
Mill's feminism has been attacked as being logically incoherent. The general verdict has been that Mill can easily be defended from the charge. However, both sides in the debate have ignored the fact that his feminism is part of a broader theory of liberal empiricism. Placing The Subjection of Women in this context re–opens the question of its logical credentials and reveals a basic weakness in Millian feminism.