Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience to that of deference. The popular view that law claims authority but does not have it is here reversed on both counts: law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of (...) others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship. (shrink)

I. INTRODUCTION Twenty-five years is roughly the time that has elapsed since the exchange between H. L. A. Hart and Lon Fuller and the subsequent revival in this country of the natural law/positivism debate. During this time, a curious thing has happened to legal positivism. What began as a conceptual theory about the distinction between law and morality has now been turned, at least by some, into a moral theory. According to this theory, the reason we must see law and (...) morality as separate is not because of the logic of our language, but because of the practical implications of holding one or the other of the two traditional views in this area. The natural law theorist, it is said, can connect law and morality only at the cost of investing official directives with undeserved moral authority, thus encouraging obedience where there should be none. The natural law position should therefore be rejected – and the positivist's accepted – on moral grounds. (shrink)

People can look at non-conforming behaviour in two ways: either the person is acting immorally or the moral theory that condemns the behaviour is mistaken. To choose the former is to reflect a confidence in the existing moral theory, while choosing the latter is evidence that moral theory for that particular behaviour is wrong. This point says a lot about the link between the descriptive and evaluative enterprises of law. The development of basic moral principles, which draws from moral intuition, (...) is a similar process when it comes to developing social practices, which in turn draw from human behaviour. Legal positivism has contributed much to clarifying the kind of social facts that characterize legal systems, specifically the kind of normative claims that legal systems typically make. Legal positivism provides much of the descriptive front. This chapter is motivated by an interest in reconciling the normative claims of law with the claims that moral philosophers believe can be justified. (shrink)

Conversions occur in legal theory about as often as they do in religion, which is to say rarely—so rarely that they fascinate as much for the fact that they happen at all as for the reasons they happen. It should not surprise, then, that the Postscript to H.L.A. Hart's famous work on jurisprudence reveals “the outstanding English philosopher of law of the twentieth century” reaffirming, rather than revising in any significant way, the two central tenets that distinguish his theory from (...) that of both classical natural law theorists and modern “new naturalists” like Ronald Dworkin: There is no necessary connection between law and morality; and judges inevitably confront cases where the decision is “not dictated by the law” and the judge “must act as a conscientious legislator would by deciding according to his own beliefs and values”. (shrink)

The classical view of natural law, often traced to Aquinas' statement that "unjust law is no law at all," finds few defenders today. Even those most sympathetic to natural law theories do not embrace the classical account, but, instead, convert Aquinas' claim into a claim of political theory or construct new "natural law" accounts about the connection between legal and moral principles in a theory of adjudication. In this paper, I defend the view that extreme injustice disqualifies otherwise valid official (...) directives from counting as "law”. Indeed, I suggest that modern positivism's characterization of the normative claims that typify legal systems leads inevitably to the conclusion that "law," as a conceptual matter, must be understood by insiders who employ the term to admit moral limits on what can count as "law." I proceed as follows. First, I begin with some preliminary clarifying comments about methodology and the precise issue under discussion. Second, I describe four leading theories about the nature of law and consider how central ideas in each theory can be seen to generate opposing ideas that lead in turn to opposing models of law. Third, I state briefly the affirmative case for thinking that the classical natural law view is correct. Fourth, I identify basic mistakes in current approaches to the question about the nature of law that help explain why modern positivism has overlooked the manner in which it leads logically to the classical natural law view. Finally, I add some brief remarks about why it matters: what practical consequences follow from acknowledging that there are moral limits on what can count as law. (shrink)

Making the perspective of insiders critical to a theory of law, including particularly those who accept and enforce legal standards, has been the hallmark of corrections to John Austin’s theory at least since Hart’s The Concept of Law. Burge-Hendrix’s book continues this tradition and brings its insights to bear on the particular dispute between inclusive and exclusive positivists. That being said, the project has always seemed to me to be incomplete. If the participant’s perspective is indeed the critical one, then (...) the recognition that participants make normative claims about the concept of law itself surely deserves its own proper place in a legal theory. Those normative claims about law range, at the very least, from claims that coercion is justified to claims of authority. If these claims turn out to be false in cases of laws that are extremely unjust, then either they are not “laws” at all according to the participants' own views Or, participants will have to give up their normative claims about law and recognize that all that counts is pedigree and the power to coerce. In that case, we will be back to Austin’s coercive account of law, and much of the dispute between exclusive and inclusive positivists will be irrelevant. (shrink)

The question 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number (...) of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. (shrink)

Husserlian phenomenology, as the study of conscious experience, has often been accused of solipsism. Husserl’s method, it is argued, does not have the resources to provide an account of consciousness of other minds. This chapter will address this issue by providing a brief overview of the multiple angles from which Husserl approached the theme of intersubjectivity, with specific focus on the details of his account of the concrete interpersonal encounter – “empathy.” Husserl understood empathy as a direct, quasi-perceptual form of (...) intentionality through which the sense of the Other is constituted. Furthermore, his account of empathy is holistically integrated with his overall theory of intersubjectivity, including his discussions of the objectivity of nature, and the social, historical, and communal aspects of subjectivity. Husserl’s theory of empathy continues to cast a long shadow, influencing both the analytic and continental approaches to the problem of other minds, as well as contemporary account of social cognition in the cognitive sciences. (shrink)

This article draws on the antebellum political thought of Black abolitionists Frederick Douglass and Martin Delany in critically assessing the efficacy of reasonableness in advancing the aims of emancipatory politics in political discourse. I argue, through a reading of Douglass and Delany, that comporting oneself reasonably in the face of oppressive ideology can be counterproductive, if one’s aim is to undermine such ideology and the institutions it supports. Douglass and Delany, I argue, also provide us with a framework for evaluating (...) alternative discursive strategies we might wish to employ in light of the limited value of reasonableness for emancipatory politics. (shrink)

For liberal contractarians, moral and political principles are justified if agreeable to persons as free and equals. But for critics of liberal contractarianism, this justification applies only to those capable of agreement. Understanding why contractarianism suffers from the problem of exclusion helps up understand the distinctive character of contractarianism and the importance of agreement in particular. I suggest contractarianism need not be objectionably exclusive. I first consider why agreement is important in contractarianism, and then introduce the main versions of contemporary (...) contractarianism and their different understandings of agreement. I discuss how agreement results in exclusion in each, and distinguish two kinds of response to the problem of exclusion: differential inclusion and permissive inclusion. Differential inclusion is unsuccessful because it offers those not fully capable of agreement unequal status. Permissive inclusion may either make the circumstances of agreement more open, or characterize the capacities required for inclusion more permissively. I advocate the latter as the most promising response to the problem of exclusion. I outline a more inclusive contractualism based on the capacity to share goals. (shrink)

The _Platform Sutra_ records the teachings of Hui-neng, the Sixth Patriarch, who is revered as one of the two great figures in the founding of Ch'an (Zen) Buddhism. This translation is the definitive English version of the eighth-century Ch'an classic. Phillip B. Yampolsky has based his translation on the Tun-huang manuscript, the earliest extant version of the work. A critical edition of the Chinese text is given at the end of the volume. Dr. Yampolsky also furnishes a lengthy and detailed (...) historical introduction which contains much information hitherto unavailable even to scholars, and provides the context essential to an understanding of Hui-neng's work. He gives an account of the history and legends of Ch'an Buddhism, with particular attention to the traditions associated with Hui-neng, quoting or summarizing the most important narratives. He then discusses the various texts of the _Platform Sutra_, and analyzes its contents. (shrink)

ABSTRACT Constitutive panpsychism is the doctrine that macro-level consciousness—that is, consciousness of the sort possessed by certain composite things such as humans—is built out of irreducibly mental features had by some or all of the basic physical constituents of reality. On constitutive panpsychism, changes in macro-level consciousness amount to changes in either the way that micro-conscious entities ‘bond’ or the way that micro-conscious qualities ‘blend’. I pose the ‘Selection Problem’ for constitutive panpsychism—the problem of explaining how high-level functional states of (...) the brain ‘select’ micro-conscious qualities for bonding or blending. I argue that there are no empirically plausible solutions to this problem. (shrink)

The questions -- The purpose of morality and law -- The past and the future -- What is religion? -- What is the rule of law? -- The families of religion : western religions -- The families of religion : eastern religions -- The families of law -- A brief tour of secular law -- Money, banks and corporations -- Secularisation and religious decline -- Reasons for the decline of religiosity -- Secularisation of government -- The rise of the lawyers (...) -- Who rules the world : lawyers or economists? -- What is wrong with the law? -- Scientific progress and the law -- A way of living -- A billion years from now. (shrink)

It is intuitive that free action depends on consciousness in some way, since behavior that is unconsciously generated is widely regarded as un-free. But there is no clear consensus as to what such dependence comes to, in part because there is no clear consensus about either the cognitive role of consciousness or about the essential components of free action. I divide the space of possible views into four: the Constitution View (on which free actions metaphysically consist, at least in part, (...) in phenomenally conscious episodes of a special sort), the Causal-Dependence View (on which free actions are necessarily caused by conscious episodes), the Counterfactaul-Dependence View (on which free actions necessarily counterfactually dependent on conscious episodes of certain types), and the Independence View (on which there are no necessary dependence-relations that hold between free action and conscious episodes). After surveying recent empirical literature that purports to show that consciousness plays a smaller role in generating action than is usually supposed, I conclude that it is plausible that free action depends on consciousness in two ways. First, free action causally depends on consciousness control. Second, free action counterfactually depends on the agent's being responsive to certain reasons. (shrink)

I discuss three tiers of technological innovation: mild innovation, or the acceleration by technology of a human activity aimed at a good; moderate innovation, or the obviation by technology of an activity aimed at a good; and radical innovation, or the altering by technology of the human condition so as to change what counts as a good. I argue that it is impossible to morally assess proposed innovations within any of these three tiers unless we rehabilitate a natural-law ethical framework. (...) And I offer some moral starting points within such a framework, in connection with innovations of each of the three types. (shrink)

Breaking off the ordinary flow of experience, the passions create a state of exception. In their suddenness and intensity, they map a personal world, fix and qualify our attention, and impel our actions. Outraged anger drives us to write laws that will later be enforced by impersonal justice. Intense grief at the death of someone in our life discloses the contours of that life to us. Wonder spurs scientific inquiry. The strong current of Western thought that idealizes a dispassionate world (...) has ostracized the passions as quaint, even dangerous. Intense states have come to be seen as symptoms of pathology. A fondness for irony along with our civic ideal of tolerance lead us to prefer the diluted emotional life of feelings and moods. Demonstrating enormous intellectual originality and generosity, Philip Fisher meditates on whether this victory is permanent-and how it might diminish us. From Aristotle to Hume to contemporary biology, Fisher finds evidence that the passions have defined a core of human nature no less important than reason or desire. Traversing the Iliad, King Lear, Moby Dick, and other great works, he discerns the properties of the high-spirited states we call the passions. Are vehement states compatible with a culture that values private, selectively shared experiences? How do passions differ from emotions? Does anger have an opposite? Do the passions give scale, shape, and significance to our experience of time? Is a person incapable of anger more dangerous than someone who is irascible? In reintroducing us to our own vehemence, Fisher reminds us that it is only through our strongest passions that we feel the contours of injustice, mortality, loss, and knowledge. It is only through our personal worlds that we can know the world. (shrink)

In Working Virtue: Virtue Ethics and Contemporary Moral Problems, leading figures in the fields of virtue ethics and ethics come together to present the first ...

This volume is dedicated to the drawing of the implications of the contemporary 'post-secular' social transformation for education. Contributions discuss such topics as the mystical tradition and its social and pedagogic implications; transformative and ecological education; and the relations between secular and religious education in different local contexts.

Examines rationality from Aristotle to Foucault, seeking to place reason in a historical context within the Western tradition.

"Why, in present-day French writing, are we most likely to encounter the word "humanist" only as a term of glib dismissal? In this introduction to the controversy over "humanism", Kate Soper explains how the argument (developed by existentialists and Marxist humanists), that human experience and action play a fundamental role in "making history", has fallen into disrepute. 'Humanism and anti-humanism' shows how the "humanist" standpoint emerged in the post-war period, out of a convergence of arguments derived from Hegel, Marx, (...) Husserl, and Heidegger, then traces its elaboration within existentialism and Marxism, and finally examines the "anti-humanist" reaction in the works of Lèvi-Strauss, Foucault, Althusser, Lacan, and Derrida. Soper clearly explains what is at stake in the debate between "humanists" and "anti-humanists", and contends that this can be understood only in the context of Cold War politics and the crisis for Marxism presented by Stalinism. 'Humanism and anti-humanism' is written from a position of critical sympathy with "humanism" and is aimed chiefly at readers with no previous knowledge of Continental philosophy." -- book cover. (shrink)

'This is an excellent book. It addresses what, in both conceptual and political terms, is arguably the most important source of tension and confusion in current arguments about the environment, namely the concept of nature; and it does so in a way that is both sensitive to, and critical of, the two antithetical ways of understanding this that dominate existing discussions.' Russell Keat, University of Edinburgh.

Husserl introduces a phenomenological concept called “motivation” early in the First Investigation of his magnum opus, the Logical Investigations. The importance of this concept has been overlooked since Husserl passes over it rather quickly on his way to an analysis of the meaningful nature of expression. I argue, however, that motivation is essential to Husserl’s overall project, even if it is not essen- tial for defining expression in the First Investigation. For Husserl, motivation is a relation between mental acts whereby (...) the content of one act make some fur- ther meaningful content probable. I explicate the nature of this relation in terms of “evidentiary weight” and differentiate it from Husserl’s notion of Evidenz, often translated as “self-evidence”. I elucidate the importance of motivation in Husserl’s overall phenomenological project by focusing on his analyses of thing-perception and empathy. Through these examples, we can better understand the continuity between the Logical Investigations and Husserl’s later work. (shrink)

Arendt Contra Sociology re-assesses the relationship between Hannah Arendt's work and the theoretical foundations of sociology, bringing her insights to bear on key themes within contemporary theoretical sociology. Departing from the view of Arendt as a political theorist who sought to rescue politics from society, and political theory from the social sciences, this book re-examines her distinctions between labour, fabrication and action as a theory of the fundamental ontology of human societies, revisiting her criticism of the tendency of many sociological (...) paradigms to conflate the activity of fabrication with that of action. (shrink)

Because organic certification standards institutionalized a product-based rather than process-based definition, certified organic produce can be grown on large-scale industrial monocrop farms. Besides toxicity of inputs, these farms operate in much the same way as conventional production. Scholars emphasize the fact that labor rights have been left out of certification criteria, and because of that, organic farms reproduce the same labor relations as conventional. Empirical studies of organic farm labor, however, rely primarily on the perspective of farmers. In this study, (...) I ask the farmworkers themselves how harvesting on organic farms compares to conventional, and found that working in organic negatively impacts farmworker livelihoods. Qualitative interviews with 36 strawberry harvesters in Oxnard, California reveal that farmworkers make more money in conventional strawberry production because of the interaction between wage structure and size of the berry. Conventional strawberries are larger and therefore fewer of them fill up a box. Farmworkers routinely pick more boxes in conventional than in organic, thus earning more, since under the piece rate system, farmworkers are paid per box. With short-term economic survival rather than long-term occupational health concerns in mind, strawberry harvesters would rather work on conventional farms because “la fresa orgánica es más chiquita”. (shrink)

The food sovereignty movement calls for a reversal of the neoliberal globalization of food, toward an alternative development model that supports peasant production for local consumption. The movement holds an ambiguous stance on peasant production for export markets, and clearly prioritizes localized trade. Food sovereignty discourse often simplifies and romanticizes the peasantry—overlooking agrarian class categories and ignoring the interests of export-oriented peasants. Drawing on 8 months of participant observation in the Andean countryside and 85 interviews with indigenous peasant farmers, this (...) paper finds that export markets are viewed as more fair than local markets. The indigenous peasants in this study prefer export trade because it offers a more stable and viable livelihood. Feeding the national population through local market intermediaries, by contrast, is perceived as unfair because of oversupply and low, fluctuating prices. This perspective, from the ground, offers important insight to movement actors and scholars who risk oversimplifying peasant values, interests, and actions. (shrink)

From the legendary inventor Daedalus to Goethe's tragic Faust, from the automata-making magicians of E.T.A Hoffmann to Mary Shelley's Victor Frankenstein – ...

The notion of risk plays a central role in economics, finance, health, psychology, law and elsewhere, and is prevalent in managing challenges and resources in day-to-day life. In recent work, Duncan Pritchard (2015, 2016) has argued against the orthodox probabilistic conception of risk on which the risk of a hypothetical scenario is determined by how probable it is, and in favour of a modal conception on which the risk of a hypothetical scenario is determined by how modally close it is. (...) In this article, we use Pritchard’s discussion as a springboard for a more wide-ranging discussion of the notion of risk. We introduce three different conceptions of risk: the standard probabilistic conception, Pritchard’s modal conception, and a normalcy conception that is new (though it has some precursors in the psychological literature on risk perception). Ultimately, we argue that the modal conception is ill-suited to the roles that a notion of risk is required to play and explore the prospects for a form of pluralism about risk, embracing both the probabilistic and the normalcy conceptions. (shrink)

Presents general information about meteorology, weather, and climate and includes more than thirty activities to help study these topics, including making a ...

The paper asks: are all tautologies true in a language with truth-value gaps? It answers that they are not. No tautology is false, of course, but not all are true. It also contends that not all contradictions are false in a language with truth-value gaps, though none are true.

This is the first complete English translation of Gottlob Frege's Grundgesetze der Arithmetik, with introduction and annotation. The importance of Frege's ideas within contemporary philosophy would be hard to exaggerate. He was, to all intents and purposes, the inventor of mathematical logic, and the influence exerted on modern philosophy of language and logic, and indeed on general epistemology, by the philosophical framework.