Prescriptive rules guide human behavior across various domains of community life, including law, morality, and etiquette. What, speciﬁcally, are rules in the eyes of their subjects, i.e., those who are expected to abide by them? Over the last sixty years, theorists in the philosophy of law have oﬀered a useful framework with which to consider this question. Some, following H. L. A. Hart, argue that a rule’s text at least sometimes suﬃces to determine whether the rule itself covers a case. (...) Others, in the spirit of Lon Fuller, believe that there is no way to understand a rule without invoking its purpose — the benevolent ends which it is meant to advance. In this paper we ask whether people associate rules with their textual formulation or their underlying purpose. We ﬁnd that both text and purpose guide people’s reasoning about the scope of a rule. Overall, a rule’s text more strongly contributed to rule infraction decisions than did its purpose. The balance of these considerations, however, varied across experimental conditions: In conditions favoring a spontaneous judgment, rule interpretation was aﬀected by moral purposes, whereas analytic conditions resulted in a greater adherence to textual interpretations. In sum, our ﬁndings suggest that the philosophical debate between textualism and purposivism partly reﬂects two broader approaches to normative reasoning that vary within and across individuals. Keywords: , the concept of law, rules, legal psychology, Hart, Fuller. (shrink)
Higher courts sometimes assess the constitutionality of law by working through a concrete case, other times by reasoning about the underlying question in a more abstract way. Prior research has found that the degree of concreteness or abstraction with which an issue is formulated can influence people's prescriptive views: For instance, people often endorse punishment for concrete misdeeds that they would oppose if the circumstances were described abstractly. We sought to understand whether the so-called ‘abstract/concrete paradox’ also jeopardizes the consistency (...) of judicial reasoning. In a series of experiments, both lay and professional judges sometimes reached opposite conclusions when reasoning about concrete cases versus the underlying issues formulated in abstract terms. This effect emerged whether participants reasoned with broad principles, such as human dignity, or narrow rules, and was largest among individuals high in trait empathy. Finally, to understand whether people reflectively endorse the discrepancy between abstract and concrete resolutions, we examined their reactions when evaluating both, either simultaneously or sequentially. These approaches revealed no single pattern across lay and expert populations, or exploratory and confirmatory studies. Taken together, our studies suggest that empathic concern plays a greater role in guiding the judicial resolution of concrete cases than in illuminating judges' professed standards—which may result in concrete decisions in violation of their own abstract principles. (shrink)
O uso de regras prescritivas no campo da fi losofi a prática é abundante, especialmente no campo do direito. O presente artigo pretende fazer uma análise do papel das regras no direito e levantar um aparente paradoxo envolvido na aplicação de regras. Algumas posições possíveis em relação ao paradoxo serão elucidadas. In practical reasoning in general and specially in the legal ﬁ eld, we see an abundance of prescriptive rules. The paper attempts to analyze the role of rules in law, (...) as well as to explore what seems to be a paradox concerning rule application. Some different postures regarding the paradox will be elucidated. (shrink)
There has been considerable debate in legal philosophy about how to attribute purposes to rules. Separately, within cognitive science, there has been a growing body of research concerned with questions about how people ordinarily attribute purposes. Here, we argue that these two separate fields might be connected by experimental jurisprudence. Across four studies, we find evidence for the claim that people use the same criteria to attribute purposes to physical objects and to rules. In both cases, purpose attributions appear to (...) be governed not so much by original intention or by moral value as by current practice. We argue that these findings in the cognitive science of purpose attribution have implications for jurisprudential questions involving purposivist legal interpretation. (shrink)
Defenders and opponents of judicial review under charters of rights often share political ideals, and yet disagree deeply on the best means to pro- mote them or on the proper way to balance them in the event of conflict. In his most recent book, Wil Waluchow attempts to provide a theory of judicial review which deals adequately with the popular ideals of stability and adaptability. The cornerstone of his argument is the notion of community morality - that which enables constitutional (...) adjudicators to develop charter law (adaptability) while remaining loyal to democratic and rule of law principles (stability). The aim of this paper is to offer a critique of the notion of community morality; in particular, the aim is to challenge the assumption that the morality of the members of modern plural societies is as uniform as Waluchow’s theory requires it to be.Resumen:Los defensores y oponentes de la figura del judicial review que se lleva a cabo a través de la defensa de las garantías individuales en ocasiones comparten puntos de vista en relación con los ideales políticos, sin embargo, existen profundos desacuerdos en cuanto a la mejor forma de promocionarlos o en cuanto a la manera apropiada de decidir casos concretos en casos de conflicto. En su más reciente libro, Wil Waluchow intenta proporcionar una teoría del judicial review que atienda adecuadamente los ideales comunes de estabilidad y adaptabilidad. El punto medular de su argumento es la noción de la moralidad de la comunidad—aquella que permite a los jueces constitucionales desarrollar las garantías y derechos (adaptabilidad) mientras que se continúa leal a los principios de democracia y Estado de derecho (estabilidad)—. El objetivo de este trabajo es ofrecer una crítica a esta noción de moralidad de la comunidad, concretamente el objetivo es plantear un reto a la cuestión de asumir que la moralidad de los miembros de las sociedades modernas plurales es tan uniforme como lo exige la teoría de Waluchow. (shrink)
This paper approaches legal argumentation from a rhetorical perspective. It discusses the nature of the audiences that are targeted by judges in the legal process. Judicial opinions reach diverse groups of people with very different attitudes and expectations: other judges, lawyers, litigants, concerned citizens, etc. One important way in which these groups differ is that some of them are more likely to be persuaded by legalistic, precedent or statute-based arguments, while others expect judges to decide on grounds of justice or (...) equity. So, judges face the challenge of determining whether they should select particular groups for special attention, or whether they have alternative rhetorical means to approach the problem of audience diversity. One strategy that is likely to be recommended by rhetorical scholars is that judges should not try to accommodate the various preferences of their actual readership, but that they should rather invoke an idealized audience or some version of Chaïm Perelman’s universal audience. However, the paper tries to show that the universal audience is of limited value for a discussion about how judges ought to proceed in the face of audience diversity. In particular, the idea of a universal audience does not help judges to make the choice between a legalistic or an equity-based approach to legal decision-making. By showing that this is so, the paper also raises doubts about the common thought that to invoke the universal audience in law is to appeal to natural law. (shrink)
Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)
In the remainder of this article, we will disarm an important motivation for epistemic contextualism and interest-relative invariantism. We will accomplish this by presenting a stringent test of whether there is a stakes effect on ordinary knowledge ascription. Having shown that, even on a stringent way of testing, stakes fail to impact ordinary knowledge ascription, we will conclude that we should take another look at classical invariantism. Here is how we will proceed. Section 1 lays out some limitations of previous (...) research on stakes. Section 2 presents our study and concludes that there is little evidence for a substantial stakes effect. Section 3 responds to objections. The conclusion clears the way for classical invariantism. (shrink)
In this article, we present evidence that in four different cultural groups that speak quite different languages there are cases of justified true beliefs that are not judged to be cases of knowledge. We hypothesize that this intuitive judgment, which we call “the Gettier intuition,” may be a reflection of an underlying innate and universal core folk epistemology, and we highlight the philosophical significance of its universality.
Philosophers have long debated whether, if determinism is true, we should hold people morally responsible for their actions since in a deterministic universe, people are arguably not the ultimate source of their actions nor could they have done otherwise if initial conditions and the laws of nature are held fixed. To reveal how non-philosophers ordinarily reason about the conditions for free will, we conducted a cross-cultural and cross-linguistic survey (N = 5,268) spanning twenty countries and sixteen languages. Overall, participants tended (...) to ascribe moral responsibility whether the perpetrator lacked sourcehood or alternate possibilities. However, for American, European, and Middle Eastern participants, being the ultimate source of one’s actions promoted perceptions of free will and control as well as ascriptions of blame and punishment. By contrast, being the source of one’s actions was not particularly salient to Asian participants. Finally, across cultures, participants exhibiting greater cognitive reflection were more likely to view free will as incompatible with causal determinism. We discuss these findings in light of documented cultural differences in the tendency toward dispositional versus situational attributions. (shrink)
Despite pervasive variation in the content of laws, legal theorists and anthropologists have argued that laws share certain abstract features and even speculated that law may be a human universal. In the present report, we evaluate this thesis through an experiment administered in 11 different countries. Are there cross-cultural principles of law? In a between-subjects design, participants (N = 3,054) were asked whether there could be laws that violate certain procedural principles (e.g., laws applied retrospectively or unintelligible laws), and also (...) whether there are any such laws. Confirming our preregistered prediction, people reported that such laws cannot exist, but also (paradoxically) that there are such laws. These results document cross-culturally and –linguistically robust beliefs about the concept of law which defy people's grasp of how legal systems function in practice. (shrink)
This article examines whether people share the Gettier intuition (viz. that someone who has a true justified belief that p may nonetheless fail to know that p) in 24 sites, located in 23 countries (counting Hong Kong as a distinct country) and across 17 languages. We also consider the possible influence of gender and personality on this intuition with a very large sample size. Finally, we examine whether the Gettier intuition varies across people as a function of their disposition to (...) engage in “reflective” thinking. (shrink)
Is behavioral integration a necessary feature of belief in folk psychology? Our data from over 5,000 people across 26 samples, spanning 22 countries suggests that it is not. Given the surprising cross-cultural robustness of our findings, we argue that the types of evidence for the ascription of a belief are, at least in some circumstances, lexicographically ordered: assertions are first taken into account, and when an agent sincerely asserts that p, nonlinguistic behavioral evidence is disregarded. In light of this, we (...) take ourselves to have discovered a universal principle governing the ascription of beliefs in folk psychology. (shrink)
Since at least Hume and Kant, philosophers working on the nature of aesthetic judgment have generally agreed that common sense does not treat aesthetic judgments in the same way as typical expressions of subjective preferences—rather, it endows them with intersubjective validity, the property of being right or wrong regardless of disagreement. Moreover, this apparent intersubjective validity has been taken to constitute one of the main explananda for philosophical accounts of aesthetic judgment. But is it really the case that most people (...) spontaneously treat aesthetic judgments as having intersubjective validity? In this paper, we report the results of a cross‐cultural study with over 2,000 respondents spanning 19 countries. Despite significant geographical variations, these results suggest that most people do not treat their own aesthetic judgments as having intersubjective validity. We conclude by discussing the implications of our findings for theories of aesthetic judgment and the purpose of aesthetics in general. (shrink)
The proper limit to paternalist regulation of citizens' private lives is a recurring theme in political theory and ethics. In the present study, we examine the role of beliefs about free will and determinism in attitudes toward libertarian versus paternalist policies. Throughout five studies we find that a scientific deterministic worldview reduces opposition toward paternalist policies, independent of the putative influence of political ideology. We suggest that exposure to scientific explanations for patterns in human behavior challenges the notion of personal (...) autonomy and, in turn, undermines libertarian arguments against state paternalism appealing to autonomy and personal choice. (shrink)
Recent literature in experimental philosophy has postulated the existence of the abstract/concrete paradox : the tendency to activate inconsistent intuitions depending on whether a problem to be analyzed is framed in abstract terms or is described as a concrete case. One recent study supports the thesis that this effect influences judicial decision-making, including decision-making by professional judges, in areas such as interpretation of constitutional principles and application of clear-cut rules. Here, following the existing literature in legal theory, we argue that (...) the susceptibility to such an effect might depend on whether decision-makers operate in a legal system characterized by the formalist or particularist approach to legal interpretation, with formalist systems being less susceptible to the effect. To test this hypothesis, we compare the results of experimental studies on ACP run on samples from two countries differing in legal culture: Poland and Brazil. The lack of significant differences between those results suggests that ACP is a robust effect in the legal context. (shrink)
A cross-cultural survey experiment revealed a widespread tendency to rely on a rule’s letter over its spirit when deciding which acts violate the rule. This tendency’s strength varied markedly across (k = 15) field sites, owing to cultural variation in the impact of moral appraisals on judgments of rule violation. Compared to laypeople, legal experts were more inclined to disregard their moral evaluations of the acts altogether, and consequently exhibited more pronounced textualist tendencies. Finally, we evaluated a plausible mechanism for (...) the emergence of textualism: In a two-player coordination game, incentives to coordinate in the absence of communication reinforced participants’ adherence to rules’ literal meaning. Together, these studies (Ntotal = 5495) help clarify the origins and allure of textualism, especially in the law. Within heterogeneous communities in which members diverge in their moral appraisals involving a rule’s purpose, the rule’s literal meaning provides a clear focal point—an easily identifiable point of agreement enabling coordinated interpretation among citizens, lawmakers and judges. (shrink)
Noel Malcolm, one of the world's leading experts on Thomas Hobbes, presents a set of extended essays on a wide variety of aspects of the life and work of this giant of early modern thought. Malcolm offers a succinct introduction to Hobbes's life and thought, as a foundation for his discussion of such topics as his political philosophy, his theory of international relations, the development of his mechanistic world-view, and his subversive Biblical criticism. Several of the essays pay special (...) attention to the European dimensions of Hobbes's life, his sources and his influence; the longest surveys the entire European reception of his work from the 1640s to the 1750s. All the essays are based on a deep knowledge of primary sources, and many present striking new discoveries about Hobbes's life, his manuscripts, and the printing history of his works. Aspects of Hobbes will be essential reading not only for Hobbes specialists, but also for all those interested in seventeenth-century intellectual history more generally, both British and European. (shrink)
These essays are the fruit of many years' research by one of the world's leading Hobbes scholars. Noel Malcolm offers not only succinct introductions to Hobbes 's life and thought, but also path-breaking studies of many different aspects of his political philosophy, his scientific and religious theories, his relations with his contemporaries, the sources of his ideas, the printing history of his works, and his influence on European thought.
Jill North argues that Hamiltonian mechanics provides the most spare -- and hence most accurate -- account of the structure of a classical world. We point out some difficulties for her argument, and raise some general points about attempts to minimize structural commitments.
Noel Carroll, film scholar and philosopher, offers the first serious look at the aesthetics of horror. In this book he discusses the nature and narrative structures of the genre, dealing with horror as a "transmedia" phenomenon. A fan and serious student of the horror genre, Carroll brings to bear his comprehensive knowledge of obscure and forgotten works, as well as of the horror masterpieces. Working from a philosophical perspective, he tries to account for how people can find pleasure in (...) having their wits scared out of them. What, after all, are those "paradoxes of the heart" that make us want to be horrified? (shrink)
Acclaimed writer and historian Noel Malcolm presents his sensational discovery of a new work by Thomas Hobbes : a propaganda pamphlet on behalf of the Habsburg side in the Thirty Years' War, translated by Hobbes from a Latin original. Malcolm's book explores a fascinating episode in seventeenth-century history, illuminating both the practice of early modern propaganda and the theory of "reason of state".
Connolly, Noel Pope Francis in Evangelii Gaudium defines the church as a 'community of missionary disciples'. We have to be missionary to be called disciples. He dreams of 'a missionary option' that will transform everything. For Francis, mission is clearly essential to the church. He is continuing a movement that began with Ad Gentes, the missionary document of Vatican II. The fathers at the council insisted, 'The pilgrim Church is missionary by her very nature. For it is from the (...) mission of the Son and the mission of the Holy Spirit that she takes her origin, in accordance with the decree of God the Father'. This was reiterated by Paul VI in Evangelii Nuntiandi: 'Evangelizing is in fact the grace and vocation proper to the Church, her deepest identity. She exists in order to evangelize'; and by John Paul II in Redemptoris Missio: 'the Church is missionary by her very nature'. (shrink)
Beyond Aesthetics brings together philosophical essays addressing art and related issues by one of the foremost philosophers of art at work today. Countering conventional aesthetic theories - those maintaining that authorial intention, art history, morality and emotional responses are irrelevant to the experience of art - Noël Carroll argues for a more pluralistic and commonsensical view in which all of these factors can play a legitimate role in our encounter with art works. Throughout, the book combines philosophical theorizing with illustrative (...) examples including works of high culture and the avant-garde, as well as works of popular culture, jokes, horror novels, and suspense films. (shrink)
_Philosophy of Motion Pictures_ is a first-of-its-kind, bottom-up introduction to this bourgeoning field of study. Topics include film as art, medium specificity, defining motion pictures, representation, editing, narrative, emotion and evaluation. Clearly written and supported with a wealth of examples Explores characterizations of key elements of motion pictures –the shot, the sequence, the erotetic narrative, and its modes of affective address.
According to spacetime state realism, the fundamental ontology of a quantum mechanical world consists of a state-valued field evolving in four-dimensional spacetime. One chief advantage it claims over rival wave-function realist views is its natural compatibility with relativistic quantum field theory. I argue that the original density operator formulation of SSR cannot be extended to QFTs where the local observables form type III von Neumann algebras. Instead, I propose a new formulation of SSR in terms of a presheaf of local (...) state spaces dual to the net of local observables studied by algebraic QFT. 1Introduction2Spacetime State Realism in Quantum Field Theory 2.1Equivalence thesis3Entanglement and the Type III Property 3.1No-Go Lemma 13.2No-Go Lemma 24State Space Axioms for Quantum Field Theory 4.1Revised equivalence thesis5Discussion. (shrink)
Humour is a universal feature of human life. In this Very Short Introduction Noel Carroll considers the nature and value of humour, from its leading theories and its relation to emotion and cognition, to ethical questions of its morality and its significance in shaping society.
On origins -- Adorning the feminine, or the language of fans -- Salon poets, the Bécquer craze, and Romanticism -- Textual economies : the embellishment of credit -- Fabricating history -- The dream of negation -- The margins of home : modernist cursilería -- The culture of nostalgia, or the language of flowers -- Coda : the metaphor of culture in post-Franco Spain.
Noel Malcolm presents his long-awaited critical edition of one of the most important philosophical works ever written. Hobbes's Leviathan (1651) is a classic of political theory and of English prose, studied at every university in the world. The English and Latin versions of the text are fully annotated, with a book-length introduction.
The Enron debacle, the demise of Arthur Andersen, questionable practices at Tyco, Qwest, WorldCom, and a seemingly endless list of others have pushed public regard for business and business leaders to new lows. The need for smart leaders with vision and integrity has never been greater. Things need to change-- and it will not be easy. We can take a first step toward producing better business leaders by changing some of our own ideas about what it means to "win." (...) class='Hi'>Noel M. Tichy and Andrew R. McGill have brought together a stellar group of contributors from a variety of perspectives-- including General Electric CEO Jeffrey Immelt, former Secretary of State James A. Baker III, and renowned management gurus Robert Quinn and C. K. Prahalad, among others-- to offer insights that will help build better leaders, communities, and organizations. They show how to present a "Teachable Point of View" about business ethics that will help all leaders within an organization: Internalize core values Build a values-based culture across the organization Become engaged to teach the same values lessons to their staff Take action and raise the ethical bar Successful business leaders must be able to articulate their own unique Teachable Point of View on business ethics and drive it through their organization to ensure that everyone knows the ethical line and is neither shy nor silent if others risk crossing it. (shrink)
Childcare robots are being manufactured and developed with the long term aim of creating surrogate carers. While total childcare is not yet being promoted, there are indications that it is 'on the cards'. We examine recent research and developments in childcare robots and speculate on progress over the coming years by extrapolating from other ongoing robotics work. Our main aim is to raise ethical questions about the part or full-time replacement of primary carers. The questions are about human rights, privacy, (...) robot use of restraint, deception of children and accountability. But the most pressing ethical issues throughout the paper concern the consequences for the psychological and emotional wellbeing of children. We set these in the context of the child development literature on the pathology and causes of attachment disorders. We then consider the adequacy of current legislation and international ethical guidelines on the protection of children from the overuse of robot care. (shrink)
_The Routledge Companion to Philosophy of Literature_ is an in-depth examination of literature through a philosophical lens, written by distinguished figures across the major divisions of philosophy. Its 40 newly-commissioned essays are divided into six sections: historical foundations what is literature? aesthetics & appreciation meaning & interpretation metaphysics & epistemology ethics & political theory _The Companion_ opens with a comprehensive historical overview of the philosophy of literature, including chapters on the study’s ancient origins up to the 18 th -20 th (...) centuries. The second part defines literature and its different categories. The third part covers the aesthetics of literature. The fourth and fifth sections discuss the meaning and consequences of philosophical interpretation of literature, as well as epistemological and metaphysical issues such as literary cognitivism and imaginative resistance. The sixth section contextualizes the place of philosophy of literature in the "real world" with essays on topics such as morality, politics, race and gender. Fully indexed, with helpful further reading sections at the end of each chapter, this Companion is an ideal starting point for those coming to philosophy of literature for the first time as well as a valuable reference for readers more familiar with the subject. (shrink)
A major obstacle facing interpreters of quantum field theory is a proliferation of different theoretical frameworks. This article surveys three of the main available options—Lagrangian, Wightman, and algebraic QFT—and examines how they are related. Although each framework emphasizes different aspects of QFT, leading to distinct strengths and weaknesses, there is less tension between them than commonly assumed. Given the limitations of our current knowledge and the need for creative new ideas, I urge philosophers to explore puzzles, tools, and techniques from (...) all three approaches. (shrink)
The articles in this volume focus upon Boethius's extant works: his De arithmetica and a fragmentary De musica, his translations and commentaries on logic, his five theological texts, and, of course, his Consolation of Philosophy.
We listen to a cacophony of voices instructing us how to think and feel about nature, including our own bodies. The news media, wildlife documentaries, science magazines, and environmental NGOs are among those clamouring for our attention. But are we empowered by all this knowledge or is our dependence on various epistemic communities allowing our thoughts, sentiments and activities to be unduly governed by others? Drawing on over 30 years on research into the 'social constitution of nature', Making Sense of (...) Nature shows that what we call 'nature' is made sense of for us in ways that make it central to social order, social change and social dissent. By utilising insights and extended examples from anthropology, cultural studies, human geography, philosophy, politics, sociology, science studies, this interdisciplinary text asks whether we can better make sense of nature for ourselves, and thus participate more meaningfully in momentous decisions about the future of life - human and non-human - on the planet. This book shows how 'nature' can be made sense of without presuming its naturalness. The challenge is not so much to rid ourselves of the idea of nature and its 'collateral concepts' (such as genes) but instead, we need to be more alert to how, why and with what effects ideas about 'nature' get fashioned and deployed in specific situations. (shrink)