Mediation is generally considered faster and less expensive than adjudication. However, if cases undergoing mediation cannot be resolved by such means, the time and cost must simply be added to the cost of adjudicating the matter. This paper suggests marks by which particular workers' compensation disputes can be determined to be good candidates for mediation.

In the common law world, Albert Venn Dicey is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his life and his 1885 book Law of the Constitution, the high priest Dicey (...) is defrocked and a more human Dicey steps forward to offer alternative ways of reading his canonical text, who struggled to appreciate law as a form of reasoned discourse that integrates values of legality and authority through methods of ordinary legal interpretation. The result is a unique common law constitutional discourse through which assertions of sovereign power are conditioned by moral aspirations associated with the rule of law. (shrink)

This article adds to the small but growing body of hate crime legal scholarship in the United Kingdom by examining the meaning of the term ‘hostility’ as prescribed under section 28 of the Crime and Disorder Act 1998. The article highlights the confusion which has occurred within the lower courts as to the distinction between section 28(1)(a), which proscribes ‘demonstrations’ of hostility, and section 28(1)(b), which proscribes offences ‘motivated’ by hostility. In addition to this confusion has been a clear reluctance (...) to apply section 28(1)(a) by some judges in cases where the demonstration of hostility appears to be incidental, as against causal, to the offence committed. The article argues that in order to provide greater clarity in law, the words ‘demonstrates … hostility’ must be interpreted to include, not only acts that are motivated by, or which are intended to express prejudice or hatred, but any conduct carried out during an offence where the offender is aware his behaviour is likely to be perceived by right-minded individuals as indicating hostility towards the victim’s identity. The article concludes that such a broad approach to conceptualizing hostility is justified based on the need for the state to expressly denounce all public displays of identity-based prejudice. The approach also acknowledges the harmful effects that all expressions of hate (motivated by hostility or not) have on victims, minority communities and to the cohesiveness of Britain’s multicultural society. (shrink)

In Moral Knowledge? New Readings in Moral Epistemology, editors Walter Sinnott-Armstrong and Mark Timmons bring together eleven specially commissioned essays by distinguished moral philosophers exploring the nature and possibility of moral knowledge. Each essay represents a major position within the exciting field of moral epistemology in which a proponent of the position presents and defends his or her view and locates it vis-a-vis competing views. The authors include established philosophers such as Peter Railton, Robert Audi, Richard Brandt, and (...) Simon Blackburn, as well as newer voices in the field. Topics covered include moral skepticism, moral truth, projectivism, contractarianism, coherentism, feminist views, quasi-realism, and pragmatism. The lively and clear selections do not presuppose specialized knowledge of philosophy, and the philosophical vocabulary used throughout the anthology is uniform, in order to facilitate understanding by those not familiar with the field. The first chapter includes a sustained critical discussion of the major views represented in the following chapters, thereby furnishing beginning students with appropriate background to understand the selections. The volume is further enhanced by an index and an extensive bibliography. An excellent text for undergraduate and graduate courses, Moral Knowledge provides the most up-to-date work on moral knowledge and justification. (shrink)

In spite of the intuitiveness of epistemic closure, there has been a stubborn stalemate regarding whether it is true, largely because some of the “Moorean” things we seem to know easily seem clearly to entail “heavyweight” philosophical things that we apparently cannot know easily—or perhaps even at all. In this paper, I will show that two widely accepted facts about what we do and don’t know—facts with which any minimally acceptable understanding of knowledge must comport—are jointly inconsistent with the truth (...) of CLR. The proof works by supposing the truth of “Categorialism,” a thesis about the relation between basic categories and common nouns and predicates, which is itself a heavyweight claim that cannot be easily known to be either true or false. (shrink)

The word “populism” commonly elicits images of hordes of angry townspeople with pitchforks and torches. That is the classic picture of “the mob,” bolstered by countless movie and television productions, and it is clearly based on such historical events as the English civil wars, the sans-culottes’ terror, the Bolshevik revolution, and the recent genocides in Rwanda and Burundi. Many of the leaders involved in fostering such horrors are seen as radical democrats whose successors today should also be feared. In this (...) paper, I argue that any mob takeovers of the feared sort are actually antithetical to radical democracy. This is because an authentically democratic regime, even of the most extreme type, is necessarily inconsistent with “mobocracy” or any sort of “tyranny of the majority” given its essential procedural aspects. It is argued, in fact, that leaders of legitimately democratic movements have generally been quite vapid because of the fallibilistic, plebiscitary proceduralism inherent in any authentic attempt to require government policy to reflect the “general will.” And this vapidity is argued to inhere regardless of the extent of rhetorical powers of the advocate or advocacy. (shrink)

Harry Eckstein’s long-standing (but ever-changing) hypothesis that a nation’s political stability is a function of “congruence” between the “authority patterns” exhibited by the government and those displayed by nearly every sort of institution under that government’s aegis involved a highly complex politico-psychological theory. As a result, it was quite difficult either to confirm or disconfirm. While there have been a number of suggested revisions that apparently simplify his thesis, they suffer either from vagueness or a failure to take democracy to (...) be a system that requires an actual commitment to majoritarianism. In this paper a revision is offered that utilizes a small number of completely dichotomous variables that are easily subject to empirical tests. This revised theory (of “consonance” rather than congruence) is also explicitly majoritarian, enabling it to shed light on the essential nature of democratic regimes. (shrink)

Epistemological realists have long struggled to explain perceptual error without introducing a tertium quid between perceivers and physical objects. Two leading realist philosophers, Thomas Reid and Everett Hall, agreed in denying that mental entities are the immediate objects of perceptions of the external world, but each relied upon strange metaphysical entities of his own in the construction of a realist philosophy of perception. Reid added ‘visible figures’ to sensory impressions and specific sorts of mental events, while Hall utilized an array (...) of ways that he maintained properties may participate in the world. This paper assesses each realist's attempt to explain perceptual relativity and illusion without contradicting either the science of his time or the structure of common sense. (shrink)

It is customary to think that Objective List (“OL), Desire-Satisfaction (“D-S”) and Hedonistic (“HED”) theories of prudential value pretty much cover the waterfront, and that those of the three that are “subjective” are naturalistic (in the sense attacked by Moore, Ross and Ewing), while those that are “objective” must be Platonic, Aristotelian or commit the naturalist fallacy. I here argue for a theory that is both naturalistic (because voluntaristic) and objective but neither Platonic, Aristotelian, nor (I hope) fallacious. In addition, (...) this proposal, called “CHOICE,” is an example of neither an OL, D-S, nor HED theory. It is a theory according to which uncoerced choosings create objective values that we (even everyone) may be wrong about, because valuations are conative rather than epistemic activities. On this view, intrinsic prudential goods necessarily involve likely (pursuant to lawlike regularities) net increases in successful free choosings . (shrink)

A discussion with ChatGPT showing both its weaknesses and strengths for researchers in the humanities.

It has been claimed by Diana Raffman, that atonal (and in particular serial) music can have no aesthetic value, because it is in an important sense meaningless. This worthlessness is claimed to result from cognitive/psychological facts about human listeners that have been confirmed by empirical investigations such as those conducted by Lerdahl and Jackendoff. Similar assertions about the necessary inferiority of 12-tone music have been made by, among others, Taruskin, Cavell, and Goldman, some of whom echo Raffman’s suggestion that both (...) composers and performers of atonal music are committing a kind of fraud. This paper responds to all of those allegations. In particular, it points out that even if the empirical claim about human cognitive capacities with respect to the discernment of “local structure” in atonal works is assumed to be correct (which is actually quite doubtful), all the arguments brought by the “prosecution” against atonal music that rely on this claim are invalid. It is noted that such arguments by tonality advocates somewhat ironically rely on their own variety of what Taruskin has called “the poietic fallacy,” a gaff which he has frequently accused serialists (and perhaps alea supporters) of committing. Readers are reminded that the main basis for claims of aesthetic worth (or worthlessness) can never be primarily theoretical, but must be principally based on the experiences of beholders. (shrink)

"Populism" has long been a dirty word. To some, it suggests the tyranny of the mob, to others, a xenophobic nativism. It is sometimes considered conducive to (if not simply identical to) fascism. In this timely book, Walter Horn acquits populism by "distilling" it, in order to finally give the people the power to govern themselves, free from constraints imposed either by conservatives (or libertarians) on the right or liberals (or Marxists) on the left. Beginning with explanations of (...) what it means to vote and what makes one society better off than another, Horn progresses to issues involving what makes for fair aggregation and appropriate, deliberative representation. From suggesting solutions to contemporary problems like gerrymandering, immigration control, and campaign finance, to offering answers to age-old questions like why dissenters should want to obey the majority and who should have the right to vote in various elections, Horn, using his new theory of "CHOICE Voluntarism," provides solutions to some of the most perplexing problems in the history of democratic theory. -/- The Introduction and first chapter can now be read free at Amazon. (shrink)

American philosopher Everett W. Hall was among the first epistemologists writing in English to have promoted “representationism,” a currently popular explanation of cognition. According to this school, there are no private sense-data or qualia, because the ascription of public properties that are exemplified in the world of common sense is believed to be sufficient to explain mental content. In this timely volume, Walter Horn, perhaps the foremost living expert on Hall’s philosophy, not only provides copious excerpts from Hall’s (...) works in epistemology, metaphysics, and the philosophy of language--as well as his own commentaries on those writings--but also includes articles by Richard Rorty, Amie Thomasson, Fred Dretske, Thomas Natsoulas, and Romane Clark that are pertinent to Hall’s unique blend of linguistic idealism and intentional, common-sense realism. Covering metaphilosophy, the intentionality of perception, naïve realism, linguistic relativism, and Hall's public disagreements with such luminaries as Moore, Carnap, Wittgenstein, Quine, and Sellars, The Roots of Representationism is essential reading for students of 20th Century analytic philosophy. (shrink)

A proof is offered according to which if a psychological premise held by many diverse philosophers through the centuries to the effect that any represented physical property will be held to be exemplified unless some conflicting physical property is simultaneously represented is considered to be necessary, then there are physical objects in every possible world.

In his classic paper on social costs, social scientist R. H. Coase has argued that in a world without transaction costs in the "buying and selling," of social benefits and damages, resource allocation would be unaffected by a change in the apportioning of liabilities. That is, whether or not a social nuisance-causer must pay damages to those to whom he is a nuisance, will not, in an efficient economy with no transaction costs, have any effect on resource allocation. In this (...) paper, the author intends to show that there is a certain class of nuisances that are not amenable to Coasean solutions even if one grants Coase 's intuitive notions of prudence and rationality, it is considered these situations only in the short term, and considerations of equity are ignored. This class of nuisances comprises certain of those instances in which the interests of a tenant are not identical with those of his landlord. The article also purposes to shed light on the merits of an "unearned increment" tax on the value of land. (shrink)

The positions on private landownership of two libertarian scholars thought to have a wide following in that movement are examined The libertarians —Murray Rothbard and Robert Nozick—hold positions which are untenable. Rothbard's theory is almost indistinguishable from John Locke's and rests on the labor theory of ownership and the admixture theory of labor; standards which are too vague. Nozick believes that making something valuable gives a right of ownership, but again the standard is too ambiguous. And it is necessary to (...) appropriate a thing before one can improve it. The value added theory permits a utilitarian justification of landownership involving the payment of compensation to non-owners. (shrink)

Whether or not we have any natural right to landownership, like life and liberty, the institution of private property is agood. The utility produced by private property in land is overshadowed by the evils produced by the speculative withholding of supramarginal land unless compensatory payments are required of landowners. Such payments should be made to those living in the same “rental area” and should be of an amount that will eliminate all incentive to land speculation. It is not always either (...) desirable or possible to require that all of one's land value be paid in compensation. and even if such payments could be accomplished, they would not always be enough to redistribute the product stemming from the “monopolization” of real property The proper compensatory payment should reflect real increases in the value of real estate since its purchase, minus the value of improvements to the site made by the owner. (shrink)

Two arguments Paul Snowdon has brought against the causal theory of perception are examined. One involves the claim that, based on the phenomenology of perceptual situations, it cannot be the case that perception is an essentially causal concept. The other is a reductio , according to which causal theorists’ arguments imply that a proposition Snowdon takes to be obviously non-causal ( A is married to B ) can be analyzed into some sort of indefinite ‘spousal connection’ plus a causal ingredient (...) . I conclude that neither argument is sound. The reason that Snowdon’s critiques fail is that, since causal theories need not be about ‘effect ends’ that are internally manifest to perceivers, no such ostensibly separable, non-causal property as it being to S as if he were perceiving O need be an essential element in a causal theory of perception. (shrink)

Part play, part breviary, this book of conversations on "transcendence" is interspersed with brief excerpts from a wide variety of works on mysticism, philosophy, and the psychology of religion.

In the direct realist tradition of Reid and Austin, disjunctivism has joined its precursors inproudly trumpeting its allegiance with naïve realism. And the theory gains plausibility, par-ticularly as compared with adverbialism, if one considers a Wittgensteinian line of argumentregarding the use of sensation words. But ‘no common factor’ doctrines can be shown to beinconsistent with the naïve realism that has served as their main support. This does notmean that either disjunctivism or the Wittgensteinian perspective on language acquisitionthat informed it must (...) be false. It does indicate, however, that linguistic arguments againstprivate or internal meanings do not imply perceptual directness and that the espousal of direct realism—naïve or not—does not require adherence to disjunctivism. (shrink)

Paul Lewis and Walter Gulick summarize and evaluate Mark Micthell’s new book, Michael Polanyi: The Art of Knowing, and Mitchell responds to their comments in this symposium article.

This is a review of Lee Drutman's recent book endorsing multi-party democracy in America.

Adam Jentleson's book about the U.S. Senate, it's leaders, and mostly its Filibuster is reviewed.

In Moral Knowledge?: New Readings in Moral Epistemology, editors Walter Sinnott-Armstrong and Mark Timmons bring together eleven newly written essays by distinguished moral philosophers exploring the nature and possibility of moral knowledge. Each essay represents a major position within the exciting field of moral epistemology in which a proponent of the position presents and defends his or her view and locates it vis-a-vis competing views. The first chapter, written by Walter Sinnott-Armstrong, provides a framework for understanding the (...) basic concepts and viewpoints in moral epistemology and presents a limited skeptical challenge to the justification of moral beliefs. The following essays represent various options in response to moral skepticism. Peter Railton and Simon Blackburn take different stances on moral truth and realism, Robert Audi defends a version of intuitionism, and Geoffrey Sayre-McCord adopts coherentism, while R.M. Hare combines elements of both foundationalism and coherentism. Richard Brandt discusses the relevance of empirical science to moral knowledge, Christopher Morris develops a contractarian account of moral justification, and David Copp bases moral knowledge on rational choices by societies. Margaret Urban Walker aruges for a feminist perspective on moral knowledge, and Mark Timmons expounds contextualism in moral epistemology. The lively and clear selections do not presuppose specialized knowledge of philosophy, and the philosophical vocabulary used throughout the anthology is uniform, in order to facilitate understanding by those not familiar with the field. The first chapter includes a sustained critical discussion of the major views represented in the following chapters, thereby furnishing beginning students with appropriate background to understand the selections. The volume is further enhanced by an index and an extensive bibliography, which is divided into sections corresponding to the chapters of the book. Moral Knowledge provides the most up-to-date work on moral knowledge and justification and serves as an excellent text for undergraduate and graduate courses. (shrink)

Is Goodness Without God Good Enough contains a lively debate between William Lane Craig and Paul Kurtz on the relationship between God and ethics, followed by seven new essays that both comment on the debate and advance the broader discussion of this important issue. Written in an accessible style by eminent scholars, this book will appeal to students and academics alike.

An alarming number of philosophers and cognitive scientists have argued that mind extends beyond the brain and body. This book evaluates these arguments and suggests that, typically, it does not. A timely and relevant study that exposes the need to develop a more sophisticated theory of cognition, while pointing to a bold new direction in exploring the nature of cognition Articulates and defends the “mark of the cognitive”, a common sense theory used to distinguish between cognitive and non-cognitive processes (...) Challenges the current popularity of extended cognition theory through critical analysis and by pointing out fallacies and shortcoming in the literature Stimulates discussions that will advance debate about the nature of cognition in the cognitive sciences. (shrink)

BackgroundEthics review is the process of assessing the ethics of research involving humans. The Ethics Review Committee (ERC) is the key oversight mechanism designated to ensure ethics review. Whether or not this governance mechanism is still fit for purpose in the data-driven research context remains a debated issue among research ethics experts.Main textIn this article, we seek to address this issue in a twofold manner. First, we review the strengths and weaknesses of ERCs in ensuring ethical oversight. Second, we map (...) these strengths and weaknesses onto specific challenges raised by big data research. We distinguish two categories of potential weakness. The first category concerns persistent weaknesses, i.e., those which are not specific to big data research, but may be exacerbated by it. The second category concerns novel weaknesses, i.e., those which are created by and inherent to big data projects. Within this second category, we further distinguish between purview weaknesses related to the ERC’s scope (e.g., how big data projects may evade ERC review) and functional weaknesses, related to the ERC’s way of operating. Based on this analysis, we propose reforms aimed at improving the oversight capacity of ERCs in the era of big data science.ConclusionsWe believe the oversight mechanism could benefit from these reforms because they will help to overcome data-intensive research challenges and consequently benefit research at large. (shrink)

If stem cell-based therapies are developed, we will likely confront a difficult problem of justice: for biological reasons alone, the new therapies might benefit only a limited range of patients. In fact, they might benefit primarily white Americans, thereby exacerbating long-standing differences in health and health care.

Responding to volatile criticisms frequently leveled at Leo Strauss and those he influenced, the prominent contributors to this volume demonstrate the profound influence that Strauss and his students have exerted on American liberal democracy and contemporary political thought. By stressing the enduring vitality of classic books and by articulating the theoretical and practical flaws of relativism and historicism, the contributors argue that Strauss and the Straussians have identified fundamental crises of modernity and liberal democracy.