“I would prefer not”HERMAN MELVILLE, BARTLEBY THE SCRIVENER: A STORY OF WALL STREET (1853), reprinted in THE PIAZZA TALES 32, 48 (London, Sampson Low, Son & Co. 1856). Scholars have recently challenged the claim in classical deterrence theory that law influences behavior only through the expected sanction imposed. Some go further and argue that law may also “shape preferences,” changing people’s wants and values. In this Article, we analyze existing claims that criminal and civil law alter preferences and conclude that (...) none suggest that the law shapes preferences. We first clarify this preference-shaping claim by elaborating the structure of rational choice theory generally and “preference” in particular. We then investigate three mechanisms of legal influence suggested by the preference-shaping literature: (1) the “serious harm” mechanism; (2) the “social norm” mechanism; and (3) the “self-improvement” mechanism. We then show that each of these mechanisms operates by changing the agent’s beliefs about the attributes or consequences of her choice options rather than by changing her preferences. (shrink)

Analyses of complex entities such as bureaucracies, courts, legislatures, and firms typically personify them. A strong conception of personification requires that these entities have rational interests, rational beliefs, and rational normative judgments. On one account of personification, such personified rationality should be aggregate rationality : the interests, beliefs, and normative judgments should depend only on the interests, beliefs, and judgments of the individuals who constitute the complex entity. I argue that aggregate rationality is too strong a normative requirement to impose (...) on courts and legislatures. Key Words: collective rationality • personification • adjudication • doctrinal paradox. (shrink)

This essay investigates consequentialist reasoning in law. It begins with a brief exposition of the structure of consequentialist reasoning. It then turns to the role of consequentialist reasoning in two aspects of legal decision-making. Legal officials must reason both about ends and about the choice of means to achieve those ends. Legal instrumentalism, however, takes many forms, and different forms identify different officials to engage in the task of reasoning consequentially to choose means. The essay then considers the difficulties posed (...) by the fact that legal decision-makers choose policies or institutions that structure the outcomes they hope to achieve. Finally, the essay considers the role that consequentialist reasoning may play in choosing ends. (shrink)

This essay disentangles the complex relations between economic logic and legal logic. It distinguishes economic logic as a social process from economic logic as economic reasoning; economic reasoning to explain behavior from economic reasoning to evaluate behavioral outcomes; and legal reasoning in judicial contexts from legal reasoning in other contexts such as legislation and legal enforcement or compliance. It then argues first that economic logic as the logic of social processes deepens our understanding of how law develops and how it (...) influences behavior. But the essay argues second that economic logic plays at best a limited role in the logic of legal reasoning for two reasons. Much legal reasoning seeks to identify the goals we should and do pursue while economic logic takes such goals as given. Further, the instrumental role of economic logic will vary with the institutional context in which legal reasoning occurs. (shrink)

This chapter contains section titled: Introduction A Characterization of Economic Analysis of Law Normativity Preference and Obligation Concluding Remarks Note References.

Constitutional political economy addresses four questions: the causal question: What explains the constitutional institutions we observe? the consequential question: What consequences do constitutional institutional have? the ideal question: What constitutional institutions does justice require? and the design question: What constitutional institutions are best for a polity given the constraints imposed by its current situation? Answers to the ideal and design questions require a theory of behavior that predicts how individuals will behave within constitutional institutions. Analysts usually assume that this theory (...) of behavior corresponds to the explanatory theory developed to answer the second, consequential question. This essay argues that the assumption of rational self-interested behavior as the basis for a behavioral theory is not justified. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In a recent paper on ‘The Many as One’, Lewis A. Kornhauser and Lawrence G. Sager look at an issue that we take to be of great importance in political theory. How far should groups in public life try to speak with one voice, and act with one mind? How far should public groups try to display what Ronald Dworkin calls integrity? We do not expect the many on the market to be integrated in this sense. But should (...) we expect integration among the many in the legislature, for example, or among the many on the courts? We agree with Kornhauser and Sager about a number of their claims but think that they miss out on important detail and do not achieve a fully general perspective on the issues raised. Our own contribution is in three sections. We address, first, the nature of the integrity challenge; second, the range of cases in which the challenge arises; and third, the question of whether public groups should be designed and required to meet that challenge. (shrink)

Shows that many of our understandings about scientific thought can be corrected once we realise just how unnatural science is. Quoting scientists from Aristotle to Einstein, the book argues that scientific ideas are, with rare exceptions, counter-intuitive and contrary to common sense.

This volume is devoted to Lewis's work in metaphysics and epistemology. Topics covered include properties, ontology, possibility, truthmaking, probability, the mind-body problem, vision, belief, and knowledge. The purpose of this collection, and the volumes that precede and follow it, is to disseminate more widely the work of an eminent and influential contemporary philosopher. The volume will serve as a useful work of reference for teachers and students of philosophy.

Reprint of the ed. published by Viking Press, New York.

(Citation/Reference) Williams, S. H. Lewis Carroll handbook.

(Statement of Responsibility) by Lewis Carroll ; with illustrations in colors.

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

The two works reprinted in this volume are a unique fusion of logical thought and inimitable whimsy. Written by the 19th-century mathematician who also gave us "Alive in Wonderland", they are among the most entertaining logical works ever written, and contain some of the most thought-provoking puzzles ever devised.

The United States, unlike most developed countries, continues to use the marital couple as the taxable unit for its income tax. This continued use of the marital unit— like its original establishment —rests on cultural preferences. This Article suggests that the roles of marriage, religion and taxation in America are essential factors in America’s retention of the marital unit. Part I examines the distinctive contribution marriage — especially the traditional single-earner breadwinner marriage — makes to the political life of the (...) country. Part II explores the similar role of religion. Part III describes some congressional efforts over the past two decades to aid, ostensibly, married couples through the income tax. Part IV concludes that although these actions have not been the most effective or efficient means of helping married couples, they nevertheless serve an important expressive purpose. Tax has been the arena for many political issues since the founding of the nation. Consequently, congressional actions and rhetoric regarding the income tax’s "marriage penalty" reinforce the marital unit/joint return and reaffirm — even if only symbolically — a national commitment to marriage as instrumental to American democracy. (shrink)

S.O.S. Songs of the Sea is the perfect mix of music, creativity, and fun for music teachers, classroom teachers, child care providers ... and kids! Students will enjoy learning about the sea and its creatures through the engaging songs and activities. Classroom curriculum, music, crafts, and snacks are integrated, overlapped and joined to immerse students in a joyful, creative learning experience.

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

As artificial intelligence (AI) technology advances, we increasingly delegate mental tasks to machines. However, today’s AI systems usually do these tasks with an unusual imbalance of insight and understanding: new, deeper insights are present, yet many important qualities that a human mind would have previously brought to the activity are utterly absent. Therefore, it is crucial to ask which features of minds have we replicated, which are missing, and if that matters. One core feature that humans bring to tasks, when (...) dealing with the ambiguity, emergent knowledge, and social context presented by the world, is reflection. Yet this capability is completely missing from current mainstream AI. In this paper we ask what reflective AI might look like. Then, drawing on notions of reflection in complex systems, cognitive science, and agents, we sketch an architecture for reflective AI agents, and highlight ways forward. (shrink)

(Statement of Responsibility) by Lewis Carroll ; with ninety-two illustrations by John Tenniel.

For 30 years, Quine, a dominant figure in logical theory and philosophy of logic, has combined insights in methodology, language, epistemology, and ontology, to blur the boundaries of speculative metaphysics and natural sciences. This revised text contains two new essays with replies from Quine.

Second part of the translation into Spanish of David Lewis' "New Work for a Theory of Universals", corresponding to the last sections of the original paper. || Segunda parte de la traducción al español del trabajo de David Lewis "New Work for a Theory of Universals", correspondiente a últimas secciones del artículo original. Artículo original publicado en: Australasian Journal of Philosophy, Vol. 61, No. 4, Dec. 1983, pp. 343-377.