A rational justification for therapeutic decisions can be developed using probability and decision theory. The set of treatments and their outcomes or consequences, which are states of health, have to be defined; and estimates made of the probabilities of outcomes, their utilities, and the costs of treatments. Most difficult is the estimation of utilities of states of health but this may be possible using a wagering technique. Until it is possible to establish some equivalence between utility and money, costs may (...) be introduced by measuring the efficiency of treatment by comparing expected utilities per unit cost. The whole method is examined practically in a plausible clinical setting. Emphasis is laid on the value of testing the completed model using a computer to get an intimate feel of the problem using different assumptions and different values for all the parameters. (shrink)

[Wilfrid Hodges] During the last forty or so years it has become popular to offer explanations of logical notions in terms of games. There is no doubt that many people find games helpful for understanding various logical phenomena. But we ask whether anything is really 'explained' by these accounts, and we analyse Paul Lorenzen's dialogue foundations for constructive logic as an example. The conclusion is that the value of games lies in their ability to provide helpful metaphors and representations, (...) rather than in any true conceptual analysis. In fact some of the standard explanations of logical notions in terms of competitive games simply don't work. /// [Erik C. W. Krabbe] In an attempt to redeem the Lorenzen-type dialogues from their detractors, it is perhaps best first to provide a survey of the various benefits these dialogues have been supposed to yield. This will be done in Section I. It will not be possible, within the confines of this paper, to scrutinize them all, but in Section II we shall delve deeper into the capacity of this type of dialogue to yield a model for the immanent criticism of philosophical positions. Section III will extend the concept of a dialogue in such a way as to conform better with our intuitive conceptions of what a rational discussion of a position should contain. This will be followed up by a concept of 'winning a dialogue' that takes position midway between the old conception of 'winning one play' and that of the full-fledged presentation of a winning strategy. Concepts of 'rational discussion' are thus shown to be, plausibly, more fundamental than those of proof. In Section IV, I shall discuss the specific problems about dialogical foundations put forward by Wilfrid Hodges. (shrink)

1. The lever in question is, of course, that with which, provided that an appropriate fulcrum could be found, Archimedes could move the world. In the analogy I have in mind, the fulcrum is the given, by virtue of which the mind gets leverage on the world of knowledge.

1. The lever in question is, of course, that with which, provided that an appropriate fulcrum could be found, Archimedes could move the world. In the analogy I have in mind, the fulcrum is the given, by virtue of which the mind gets leverage on the world of knowledge.

1. The lever in question is, of course, that with which, provided that an appropriate fulcrum could be found, Archimedes could move the world. In the analogy I have in mind, the fulcrum is the given, by virtue of which the mind gets leverage on the world of knowledge.

During the last forty or so years it has become popular to offer explanations of logical notions in terms of games. There is no doubt that many people find games helpful for understanding various logical phenomena. But we ask whether anything is really 'explained' by these accounts, and we analyse Paul Lorenzen's dialogue foundations for constructive logic as an example. The conclusion is that the value of games lies in their ability to provide helpful metaphors and representations, rather than in (...) any true conceptual analysis. In fact some of the standard explanations of logical notions in terms of competitive games simply don't work. /// [Erik C. W. Krabbe] In an attempt to redeem the Lorenzen-type dialogues from their detractors, it is perhaps best first to provide a survey of the various benefits these dialogues have been supposed to yield. This will be done in Section I. It will not be possible, within the confines of this paper, to scrutinize them all, but in Section II we shall delve deeper into the capacity of this type of dialogue to yield a model for the immanent criticism of philosophical positions. Section III will extend the concept of a dialogue in such a way as to conform better with our intuitive conceptions of what a rational discussion of a position should contain. This will be followed up by a concept of 'winning a dialogue' that takes position midway between the old conception of 'winning one play' and that of the full-fledged presentation of a winning strategy . Concepts of 'rational discussion' are thus shown to be, plausibly, more fundamental than those of proof. In Section IV, I shall discuss the specific problems about dialogical foundations put forward by Wilfrid Hodges. (shrink)

Inference and meaning -- Some reflections on language games -- Language as thought and as communication -- Meaning as functional classification : a perspective on the relation of syntax to semantics -- Naming and saying -- Grammar and existence : a preface to ontology -- Abstract entities -- Being and being known -- The lever of Archimedes -- Some reflections on thoughts and things -- Mental events -- Phenomenalism -- The identity approach to the mind-body problem -- Philosophy and the (...) scientific image of man -- "...this I or he or it (the thing) which thinks..." -- Some remarks on Kant's theory of experience -- The role of imagination in Kant's theory of experience. (shrink)

How am I to account for this difficulty? I would like to be able to say that Cornman has simply misconstrued the appearances he is seeking to save, and that his subtle hypothetical-deductive theorizing rests on faulty "observation." Yet although I do think that he has misconstrued the views he is seeking to explain, and shall argue this in detail, I have come to see that I must bear a substantial part of the responsibility. He may have missed some clues (...) that were in front of his eyes, but often the passages with which he had to cope were unclear and indistinct. Relatively small errors of interpretation at the beginning of a commentary can snowball into major misunderstandings. This tendency is present in Cornman's essay; but his grasp of the general trend of my thinking has provided a constant corrective, and kept his hypotheses as close as they are to the truth. And, indeed, if I am disturbed at the difficulty he has found in reconstructing my thought, I derive some measure of encouragement from the fact that in the closing stages of his argument he is so close to formulating the position I have sought to defend, that had he been able to put his apparatus aside and take a fresh look at the evidence, he must have seen that some, at least, of the questions he pursues did not arise. (shrink)

The situationist challenge to global character traits claims that on the basis of findings in social psychology, we should only accept at most the existence of local or context-sensitive traits. In this article I explore a neglected area of J. S. Mill's work to outline an account of context-sensitive traits. This account of traits, coupled with a sophisticated consequentialist ethical framework, suggests an interesting view on which persons govern the circumstances of their actions in order to best promote overall well-being.

I will explore the paradoxical nature of epistemic access. By critiquing the traditional conception of mental states that are labelled as ’knowledge’, I demonstrate the susceptibility of these states to an infinite regress, thus, challenging their existence and validity. I scrutinise the assumption that an epistemic agent can have complete epistemic access to all facts about a given object while simultaneously being ignorant of certain truths that impact the very knowledge claims about the object. I further analyse the implications of (...) this paradox when attempting to fine-grain the parameters of epistemic access, which happens to reveal the vacuity of such definitions and the inevitability of the regress. (shrink)

In its first meaning, a logic is a collection of closely related artificial languages. There are certain languages called first‐order languages, and together they form first‐order logic. In the same spirit, there are several closely related languages called modal languages, and together they form modal logic. Likewise second‐order logic, deontic logic and so forth.

In a recent paper Johan van Benthem reviews earlier work done by himself and colleagues on ‘natural logic’. His paper makes a number of challenging comments on the relationships between traditional logic, modern logic and natural logic. I respond to his challenge, by drawing what I think are the most significant lines dividing traditional logic from modern. The leading difference is in the way logic is expected to be used for checking arguments. For traditionals the checking is local, i.e. separately (...) for each inference step. Between inference steps, several kinds of paraphrasing are allowed. Today we formalise globally: we choose a symbolisation that works for the entire argument, and thus we eliminate intuitive steps and changes of viewpoint during the argument. Frege and Peano recast the logical rules so as to make this possible. I comment also on the traditional assumption that logical processing takes place at the top syntactic level, and I question Johan’s view that natural logic is ‘natural’. (shrink)

1. In this lecture I propose to explore some fundamental issues concerning the ontology of change and process. As in the first lecture, I shall formulate the argument in terms of the manifest world of middle sized objects, and only later, in the third lecture, draw some of its implications for the finer grained world with which science presents us.

I defend J. L. Austin's direct realism against the colour delusion argument by employing epistemic logic to demonstrate that perceiving colours does not necessitate an intermediary such as sense-data, thus preserving the directness of perception.

The aim of philosophy, abstractly formulated, is to understand how things in the broadest possible sense of the term hang together in the broadest possible sense of the term. Under 'things in the broadest possible sense' I include such radically different items as not only 'cabbages and kings', but numbers and duties, possibilities and finger snaps, aesthetic experience and death. To achieve success in philosophy would be, to use a contemporary turn of phrase, to 'know one's way around' with respect (...) to all these things, not in that unreflective way in which the centipede of the story knew its way around before it faced the question, 'how do I walk?', but in that reflective way which means that no intellectual holds are barred. (shrink)

Studies in Wilfrid Sellars' philosophy: Aune, B. Sellars on practical reason.--Castañeda, H.-N. Some reflections on Wilfrid Sellars' theory of intentions.--Donagan, A. Determinism and freedom: Sellars and the reconciliationist thesis.--Robinson, W. S. The legend of the given.--Clark, R. The sensuous content of perception.--Grossmann, R. Perceptual objects, elementary particles, and emergent properties.--Rosenberg, J. F. The elusiveness of categories, the Archimedean dilemma, and the nature of man: a study in Sellarsian metaphysics.--Turnbull, R. G. Things, natures, and properties.--Wells, R. The indispensable word (...) "now."--Van Fraassen, B. C. Theories and counterfactuals.--Harman, G. H. Wilfrid Sellars' Theory of induction.--Sellarsiana: Sellars, W. Autobiographical reflections.--Sellars, W. The structure of knowledge. Lecture I, perception. Lecture II, minds. Lecture III, epistemic principles.--Wilfrid Sellars' Philosophical bibliography. (p. 349-353). (shrink)

[Wilfrid Hodges] During the last forty or so years it has become popular to offer explanations of logical notions in terms of games. There is no doubt that many people find games helpful for understanding various logical phenomena. But we ask whether anything is really 'explained' by these accounts, and we analyse Paul Lorenzen's dialogue foundations for constructive logic as an example. The conclusion is that the value of games lies in their ability to provide helpful metaphors and representations, (...) rather than in any true conceptual analysis. In fact some of the standard explanations of logical notions in terms of competitive games simply don't work. /// [ Erik C. W. Krabbe] In an attempt to redeem the Lorenzen-type dialogues from their detractors, it is perhaps best first to provide a survey of the various benefits these dialogues have been supposed to yield. This will be done in Section I. It will not be possible, within the confines of this paper, to scrutinize them all, but in Section II we shall delve deeper into the capacity of this type of dialogue to yield a model for the immanent criticism of philosophical positions. Section III will extend the concept of a dialogue in such a way as to conform better with our intuitive conceptions of what a rational discussion of a position should contain. This will be followed up by a concept of 'winning a dialogue' that takes position midway between the old conception of 'winning one play' and that of the full-fledged presentation of a winning strategy. Concepts of 'rational discussion' are thus shown to be, plausibly, more fundamental than those of proof. In Section IV, I shall discuss the specific problems about dialogical foundations put forward by Wilfrid Hodges. (shrink)

Nel Noddings, in Caring: A Feminine Approach to Ethics and Moral Education, presents and develops an ethic of care as an alternative to an ethic that treats justice as a basic concept. I argue that this care ethic is unable to give an adequate account of ethical relationships between strangers and that it is also in danger of valorizing relationships in which carers are seriously abused.

1. It seems plausible to say that a language is a system of expressions the use of which is subject to certain rules. It would seem, thus, that learning to use a language is learning to obey the rules for the use of its expressions. However, taken as it stands, this thesis is subject to an obvious and devastating refutation. After formulating this refutation, I shall turn to the constructive task of attempting to restate the thesis in a way which (...) avoids it. In doing so, I shall draw certain distinctions the theoretical elaboration of which will, I believe, yield new insight into the psychology of language and of what might be called “norm conforming behavior” generally. The present paper contains an initial attempt along these lines. (shrink)

The Initiation Biblique of Robert-Tricot was first published in 1939, with an enlarged edition in 1948, and was made available to a wider public in 1951 when it appeared in English translation as Guide to the Bible. The third French edition was a thorough-going revision—some chapters were entirely re-written. The most important change was, beyond all question, the chapter on Inspiration by Father P. Benoit. As an exegete and a theologian, keenly aware both of the doctrinal principles involved and of (...) the real difficulties in the Bible, his approach to the question of inspiration and inerrancy of Scripture is truly illuminating; it disposes beforehand of a host of false problems which inevitably bedevil a notion of inspiration that is too rigid and, in fact, ‘unscriptural’. A thorough understanding of Benoit’s theory of Inspiration will rid one of a certain vague uneasiness and will leave one free to savour to the full the beauty and the riches, human as well as divine, of the Bible. The second edition of Guide to the Bible, Vol. I gives us the first nine chapters of the new Initiation Biblique. True to the spirit of the original it is not a mere translation. The bibliography has been consistently brought up to date and the translators have added very many footnotes. Besides, there are appendices which cover the idea of inspiration in Protestantism and Islam, and which give a detailed analysis of the books of the Pentateuch and an extended treatment of the Dead Sea Scrolls. It would be superfluous to emphasise the excellent qualities of the work. The appearance of this new edition should be a reminder to Catholics of our incalculable debt to French biblical scholarship. (shrink)

In this paper, I defend H. L. A. Hart against two prevalent criticisms of his views on social rules and the obligations with which these rules are often associated. These criticisms, I argue, rely on misunderstandings ormischaracterizations of what Hart actually intended. These misunderstandings are plausibly explained by a failure on the part of his critics to appreciate fully two of the valuable lessons Hart sought to communicate in his inaugural lecture. First, words like ‘rule’ and ‘obligation’ should not be (...) removed from their various contexts of use and subjected to abstract philosophical definition and analysis. Second, when analyzing assertions in which such words figure in both legal practice and theory, it is crucial to bear in mind the different functions these assertions can be made to serve and the different purposes to which they can be put. -/- . (shrink)

This paper builds upon previous work in which I argue that we should assess a provider's reasons for his or her objection before granting a conscientious exemption. For instance, if the medical professional's reasoned basis involves an empirical mistake, an accommodation is not warranted. This article poses and begins to address several deep questions about the workings of what I call a reason-giving view: What standard should we use to assess reasons? What policy should we adopt in order to evaluate (...) the reasons offered by medical practitioners in support of their objections? I argue for a reasonability standard to perform the essential function of assessing reasons, and I offer considerations in support of a policy establishing conscientious objector status in medicine. (shrink)

§1. Introduction. I dedicate this essay to the two-dozen-odd people whose refutations of Cantor's diagonal argument have come to me either as referee or as editor in the last twenty years or so. Sadly these submissions were all quite unpublishable; I sent them back with what I hope were helpful comments. A few years ago it occurred to me to wonder why so many people devote so much energy to refuting this harmless little argument—what had it done to make them (...) angry with it? So I started to keep notes of these papers, in the hope that some pattern would emerge.These pages report the results. They might be useful for editors faced with similar problem papers, or even for the authors of the papers themselves. But the main message to reach me is that there are several points of basic elementary logic that we usually teach and explain very badly, or not at all.In 1995 an engineer named William Dilworth, who had published a refutation of Cantor's argument in the Transactions of the Wisconsin Academy of Sciences, Arts and Letters, sued for libel a mathematician named Underwood Dudley who had called him a crank. (shrink)

Defenders of medical professionals’ rights to conscientious objection (CO) regarding emergency contraception (EC) draw an analogy to CO in the military. Such professionals object to EC since it has the possibility of harming zygotic life, yet if we accept this analogy and utilize jurisprudence to frame the associated public policy, those who refuse to dispense EC would not have their objection honored. Legal precedent holds that one must consistently object to all forms of the relevant activity. In the case at (...) hand, then, I argue that these professionals must also oppose morally innocuous practices that may prevent pregnancy after fertilization. These results reveal that such objectors cannot offer a plausible and consistent objection to harming zygotic life. Additionally, there are good reasons to reject the analogy itself. In either case, these findings call into question the case supporting refusals of EC based on scruples. (shrink)

[p.225] Introduction (i) Although the following essay attempts to deal in a connected way with a number of connected conceptual tangles, it is by no means monolithic in design. It divides roughly in two, with the first half (Parts I and II) devoted to certain puzzles which have their source in a misunderstanding of the more specific structure of the language in which we describe and explain natural phenomena; while the second half (Parts III and IV) attempts to resolve the (...) more sweeping controversy over the nature of the connection between 'cause' and 'effect,' or, in modem dress, the logical status of 'lawlike statements.' (ii) The essay begins with a case analysis of a puzzle, taken from recent philosophical literature, relating to the analysis of counterfactual conditionals, statements of the form "If that lump of salt had been put in water, it would have dissolved." The diagnosis of this puzzle, which occupies the whole of Part I, shows it to rest on a misunderstanding of the conceptual framework in terms of which we speak of what things do when acted upon in certain ways in certain kinds of circumstance. Although the puzzle is initially posed in terms of examples taken from everyday life, the logical features of these examples which, misunderstood, generate the puzzle, are to be found in even the more theoretical levels of the language of science, and the puzzle is as much at home in the one place as in the other. For the framework in which things of various kinds (e.g. matches, white rats) behave ('respond') in various ways (catch fire, leap at a door) when acted upon ('submitted to such and such stimuli') under given conditions (presence of oxygen, 24 hours of food deprivation) is far more basic than the distinctions between metrical and non-metrical concepts, molar and micro-things, [p.226] observable and unobservable.. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Environmental Atrocities and Non-Sentient LifeClaudia Card (bio)Environmental Atrocities and Non-Sentient Life1. To Whom (or to What) Can Evils Be Done?Mention of environmental atrocities calls to mind such catastrophes as major oil spills, which ruin the fishing (not to mention the fish) for extended periods. Such carelessness is not simply a disaster to human projects. It destroys or endangers species and ecosystems as well as individual organisms, plant and (...) animal. It pollutes waters that normally sustain life and interferes with the healthy development of new biotic communities. Not all environmental catastrophes result from of failures of attention. Massive deforestation with agent orange by U.S. armed forces during the war in Viet Nam was no accident.If culpably produced, such catastrophes are moral atrocities—major evils—at least to humans and other animals who suffer horribly or die miserable deaths. Intuitively, I lean toward the even stronger judgment that such culpable omissions and deeds are atrocities also in the sense of evils to a great many kinds of life, including non-sentient nature—plants, [End Page 23] species, biotic communities, and ecosystems. But can that intuition be sustained philosophically?To do so may require showing not only that non-sentient lives suffer but also that they create moral constraints. Some argue, using Kenneth Goodpaster's concept "moral considerability" (what a being has if it should receive direct moral consideration), that even non-sentient beings can constrain us morally in virtue of their having interests that give rise to rights or define a good, a wellbeing, that can be harmed.1 "Interests" here cannot refer, of course, to what the organism cares about. They refer, rather, to what it needs in order to survive, do well, even flourish; what is in the organism's interests is what contributes to its good or wellbeing.Yet thinking about evil has led me to distinguish questions of harm from questions of wrong, that is, of moral constraint. It is not always wrong to cause even extreme harm. In this essay I support the more modest thesis that the idea of "intolerable harm" is no barrier to the idea that environmental atrocities can be evils even to non-sentient life. The question remains whether there are other barriers. Evildoers not only cause intolerable harm but are culpably wrong to do it. To whom must that wrong be done? In concluding I turn briefly to that issue, raising more questions than I can currently answer. Some may be disappointed. Yet the limits of my ambitions in this essay do not make them trivial. For any plausible account of environmental atrocities in a sense that includes evil to non-sentient beings must be able to make sense of the idea of doing such entities intolerable harm and should also indicate something of the range of non-sentient beings so vulnerable and in what ways they are vulnerable. These are my present objectives.In my book The Atrocity Paradigm I develop the theory that evils are reasonably foreseeable intolerable harms produced (or supported, aggravated, maintained, and so on) by culpable wrongdoing.2 Taking atrocities, such as genocide, slavery, and saturation bombings of cities, as paradigm evils, I refer to this view as "the atrocity theory" of evils. It both draws on and mediates between stoic and utilitarian approaches to evil. On my theory, evils have two irreducibly distinct components, wrongdoing and harm, linked by causality. Evil is popularly equated with wickedness or moral turpitude. But on the atrocity theory, the depth of harm to victims, rather than perpetrators' motives, is usually what distinguishes evils from other wrongs.The atrocity theory not only focuses attention more on harm than on [End Page 24] wrongdoing but also directs attention to the grossest harms. Some of the worst damage culpably inflicted by human agents has been to the natural environment. Can such damage be downright evil? In my book I indicated that the atrocity theory was intended to make sense of evils done "to many living beings, not just people or even just sentient beings,"3 although I did not defend that idea or work out the details. The present essay attempts a working out of... (shrink)

Now the thesis that the universal redness is the linguistic type ⋅red⋅ has the ring of absurdity. There are several ways in which this discomfort can be expressed I shall open my argument by formulating an objection which, by cutting deeper than most, leads to a firm foundation for a restatement and defense of the thesis.

Ancell and Sinnott-Armstrong argue that medical providers possess wide freedoms to determine the scope of their practice, and therefore, prohibiting almost any conscientious objections is a bad idea. They maintain that we could create an acceptable system on the whole which even grants accommodations to discriminatory refusals by healthcare professionals. Their argument is premised upon applying a free market mechanism to conscientious objections in medicine, yet I argue their Market View possesses a number of absurd and troubling implications. Furthermore, I (...) demonstrate that the fundamental logic of their main argument is flawed. Thinkers who wish to address the issues raised in this debate in general or by discriminatory conscience objections in particular should avoid the Market View and instead envisage theories that assess the reasons underlying conscientious refusals in medicine. (shrink)

In this paper I defend constitutional review against the charge that it neces- sarily runs afoul of democratic principle. In so doing, I draw both on Dworkin’s theory of constructive interpretation as well as Raz’s theory of detached normative statements and reasoning from a point of view. After arguing that constructive interpretation can be undertaken from a point of view other than that of the interpreter, I go on to argue for the following claims: (1) Constitutional interpretation and review can (...) be undertaken from the point of view of the democratic community and its constitutional morality; (2) This process can be undertaken by a judge without the deliberate intrusion of her own personal moral convictions; (3) When undertaken from this point of view, constitutional interpretation and review can be rendered consistent with democracy; and (4) This is so even when these activities require a good deal of substantive moral reasoning and argument on the part of judges. (shrink)

In this paper I defend the Reasonability View: the position that medical professionals seeking a conscientious exemption must state reasons in support of their objection and allow those reasons to be subject to evaluation. Recently, this view has been criticized by Jason Marsh as proposing a standard that is either too difficult to meet or too easy to satisfy. First, I defend the Reasonability View from this proposed dilemma. Then, I develop this view by presenting and explaining some of the (...) central criteria it uses to assess whether a conscientious objection is proper grounds for extending an exemption to a medical practitioner. (shrink)

A survey of the literature on the problem of the synthetic a priori soon reveals that the term “analytic” is used in a narrower and a broader sense. In the narrower sense, a proposition is analytic if it is either a truth of logic or is logically true. By saying of a proposition that it is logically true, I mean, roughly, and with an eye on the problem of the relation of logical categories to natural languages, that when defined terms (...) are replaced by their definientia, it becomes a substitution instance of a truth of logic. And a truth of logic can be adequately characterized for present purposes as a proposition which occurs in the body of Principia Mathematica, or which would properly occur in a vermehrte und verbesserte Auflage of this already monumental work. If we now agree to extend the convenient phrase “logically true” to cover truths of logic as well as propositions which are logically true in the sense just defined, we can say that an analytic proposition in the narrower sense is a proposition which is logically true. (shrink)

1. I shall attempt in this paper to give a rounded, if schematic, account of the concept of probability. My central concern will be to clarify the sense in which law-like statements (including 'statistical' law-like statements) are made probable by observational data which, in a sense equally demanding analysis, 'accord' with them.

A powerful objection to impersonal moral theories states that they cannot accommodate the good of friendship. This paper focuses on the problem as it applies to consequentialism and addresses the recent criticism that even the most sophisticated forms of consequentialism are incompatible with genuine friendship. I argue that this objection fails since those who pose this challenge either seriously oversimplify consequentialism's theory of value, misunderstand its theory of practical reason, or put too much weight on the good of friendship itself. (...) I conclude by assessing a contemporary consequentialist response in order to suggest a workable conception of consequentialist friendship. (shrink)

Bernard Williams has argued that on a consequentialist moral theory, individuals cannot possess what he calls "integrity." I argue that one central strand of this criticism concerns how persons must think about life-shaping decisions. I interpret "integrity" as a pattern of continuity in an agent's moral decision-making. In order to have integrity an agent must possess a stable character which unifies one's choices. Since a sophisticated consequentialist moral structure can properly value the having of a character on the basis of (...) which agents guide their lives, it can successfully address this criticism. (shrink)

In Law’s Empire, Ronald Dworkin introduces an important distinction between what he calls the ‘grounds’ and the ‘force’ of law. The former primarily interest Dworkin in LE and concern the “circumstances in which particular propositions of law should be taken to be sound or true.” (110) Propositions of law, we are told, are “all the various statements and claims people make about what the law allows or prohibits or entitles them to have.” (4) That Canadians owing income tax to the (...) federal government must file their returns before April 30 or face a late penalty is presumably an example of a proposition of law. That the United States constitution prohibits slavery is another. These (true) propositions of law simply report the law’s (present) requirements, requirements which normally should be respected but which might justifiably be disobeyed or disregarded in exceptional cases. A true proposition of law, then, does not necessarily entail an answer to the question: What should I do, or decide (if called upon to render a judicial decision)? It also does not necessarily entail an answer to the question: Should the coercive power of the state be exercised against this person? (shrink)

1. My primary aim in this paper is to set the stage for a discussion of some of the central themes in the so-called "identity" approach to the mind-body problem. I have particularly in mind Herbert Feigl's elaborate statement and defense of this approach in Volume II of the Minnesota Studies. A secondary, but more constructive, purpose is to bring out some of the reasons which incline me to think that the theory is either very exciting but false, or true (...) but relatively uninteresting. (shrink)

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...) Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

Elizabeth Anderson claims that states of affairs are merely extrinsically valuable, since we value them only in virtue of the intrinsically valuable persons in those states of affairs. Since it considers states of affairs to be the sole bearers of intrinsic value, Anderson argues that consequentialism is incoherent because it attempts to globally maximize extrinsic value. I respond to this objection by distinguishing between two forms of consequentialist teleology and arguing that Anderson''s claim is either harmless or her argument for (...) the claim is uncompelling. On the first conception of teleology, consequentialists need not hold that states of affairs are the sole bearers of intrinsic value, which allows them to deflect this criticism. On the second account of teleology, even assuming that states of affairs are the sole bearers of intrinsic value, Anderson''s argument does not necessarily defeat such views. (shrink)

Rule-consequentialism is frequently regarded as problematic since it faces the following powerful dilemma: either rule-consequentialism collapses into act-consequentialism or rule-consequentialism is inconsistent. Recent defenders of this theory such as Brad Hooker provide a careful response to this objection. By explicating the nature and theoretical commitments of rule-consequentialism, I contend that these maneuvers are not successful by offering a new way of viewing the dilemma which retains its force even in light of these recent discussions. The central idea is that even (...) the most well-developed contemporary form of the view is ensnared in the following dilemma: as an agent-neutral consequentialist theory, rule-consequentialism is either inconsistent or it is desperately unmotivated as a form of consequentialism since it is committed to a non-consequentialist form of ultimate moral value. (shrink)

In 1994, Joyce Trebilcot retired from teaching at Washington University in St. Louis, where she had founded the Women's Studies Program and had been a member of the Philosophy Department since 1970. In the Fall of 1994 I participated on a SWIP conference panel on her book Dyke Ideas conference; I used that occasion also to reminisce and place her work in the context of her life as a SWIP activist.1 What follows is adapted from that presentation.