Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Ontological pluralism is the view that there are different fundamental ways of being. Trenton Merricks has recently raised three objections to combining pluralism with a generic way of being enjoyed by absolutely everything there is: first, that the resulting view contradicts the pluralist’s core intuition; second, that it is especially vulnerable to the charge—due to Peter van Inwagen—that it posits a difference in being where there is simply a difference in kind; and, third, that it is in tension with various (...) historically influential motivations for pluralism. I reply to each of these objections in turn. My replies will help to bring out the true nature of the pluralist’s basic commitments. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Pessimism is, roughly, the view that life is not worth living. In chapter 46 of the second volume of The World as Will and Representation, Arthur Schopenhauer provides an oft-neglected argument for this view. The argument is that a life is worth living only if it does not contain any uncompensated evils; but since all our lives happen to contain such evils, none of them are worth living. The now standard interpretation of this argument (endorsed by Kuno Fischer and Christopher (...) Janaway) proceeds from the claim that the value—or rather valuelessness—of life’s goods makes compensation impossible. But this interpretation is neither philosophically attractive nor faithful to the text. In this paper, I develop and defend an alternative interpretation (suggested by Wilhelm Windelband and Mark Migotti) according to which it is instead the actual temporal arrangement of life’s goods and evils that makes compensation impossible. (shrink)

This encyclopedia is the first of its kind in bringing together philosophy and the social sciences. It is not only about the philosophy of the social sciences but, going beyond that, it is also about the relationship between philosophy and the social sciences. -/- The subject of this encyclopedia is purposefully multi- and inter-disciplinary. Knowledge boundaries are both delineated and crossed over. The goal is to convey a clear sense of how philosophy looks at the social sciences and to mark (...) out a detailed picture of how the two are interrelated: interwoven at certain times but also differentiated and contrasted at others. The Entries cover topics of central significance but also those that are both controversial and on the cutting-edge, underlining the unique mark of this Encyclopedia: the interrelationship between philosophy and the social sciences, especially as it is found in fresh ideas and unprecedented hybrid disciplinary areas. -/- The Encyclopedia serves a further dual purpose: it contributes to the renewal of the philosophy of the social sciences and helps to promote novel modes of thinking about some of its classic problems. (shrink)

The distinction between qualitative and non-qualitative properties should be familiar from discussions of the principle of the identity of indiscernibles: two otherwise exactly similar individuals, Castor and Pollux, might share all their qualitative properties yet differ with respect to their non-qualitative properties—for while Castor has the property being identical to Castor, Pollux does not. But while this distinction is familiar, there has not been much critical attention devoted to spelling out its precise nature. I argue that the class of non-qualitative (...) properties is broader than it is often taken to be. When properly construed, it will not only include properties such as being identical to Castor, which somehow make reference to particular individuals, it will also include more general properties such as identity, composition, set membership, as well as various peculiarly ontological properties. Given that some of these more general properties help to explain objective similarity, we have reason to believe that there are fundamental non-qualitative properties. (shrink)

ABSTRACT Welfare states are often urged to secure a social minimum for citizens—a level of material well‐being beneath which no‐one should be permitted to fall. This paper examines the justification for such a claim. It begins by criticising John Rawls's rejection of the social minimum approach to justice in A Theory of Justice: the argument Rawls uses to justify the Difference Principle, based on what he calls ‘the strains of commitment’ in the ‘original position’, actually provides a better justification for (...) a social minimum principle. The paper then examines the substance of that argument outside the context of Rawls's contractarianism, showing that there is a general case for seeing to it that desperate need does not go unmet in a liberal society. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:MARCHING AND RISING: THE RITUALS OF SMALL DIFFERENCES AND GREAT VIOLENCE Byron Bland Center ofInternational Strategic Arms Control What is really needed is the decommissioning of mind-sets in Northern Ireland. (Report of the International Body on Arms Decommissioning: The Mitchell Report, January 24, 1996) The 1996 Orange Marching season brought a major setback to peace process in Northern Ireland. On the Garvaghy Road in the Drumcree community of (...) Portadown, Protestants and Catholics displayed the mutual intolerance and intransigence for which they are notorious. Within each camp, a contagion of ill-will took hold, metamorphosing ancient malice into modern hatred. A volatile fog, toxic with recriminations and threats, descended upon the countryside. The battlelines drawn at Drumcree energized other historical points ofconfrontation across the province. Just as the plucked string of a musical instrument sets the all the others vibrating harmoniously, so the cord struck in Portadown sounded the key to a counterpoint that seemed almost primordial. As the tragic notes of the final measures faded, a numbing silence enveloped a society once again stunned by the violence unleashed within its soul. It was as if the North of Ireland looked at the prospect of peace and announced that it was not going to take it lying down. A strangely 102Byron Bland irrational logic seemed to drive events. Viewed from afar, it never should have happened. Neither Protestants nor Catholics stood to gain anything of tangible value. Only in retrospect—from the finale once the standoff had energized every potential division backwards—do substantive political issues emerge. However, this collapsing of events obscures the interactive process from which this mishap arose and leaves the central and confounding mystery unsolved: how did a dispute about nothing so quickly become a conflict about everything? The answer to this enigma lies in the mimetic theory of René Girard. Sinn Fèin Party Chairman Mitchel McLaughlin parsed correctly, but not insightfully, the social dynamics of this explosive situation. Shortly before the July marching season, he affirmed the right of Protestants to march. Nevertheless, he maintained, Catholics would tolerate no triumphalism. The problem is, of course, that Protestants don't march in the abstract. They march down specific streets, passing through particular communities, toward specified locations. Their Lambeg drums boom out a terrifying cadence. Their Bowler hats, black-thorn canes, and orange sashes shout a silent message for all to hear. Without triumphalism, an Orange march is simply a pointless stroll. It is nothing—a non-event, a momentous occasion that did not happen. Orange triumphalism needs serious nationalist resistance to be more than ludicrous display ofparanoid-driven pomposity. Orange "marching" must provoke a Catholic "rising." It has to find a contumacious partner before the mimetic choreography of "not any inch" can proceed. Only then can the thundering beat of the Lambeg drum transform the contestants into violent doubles, each captivated by a spellbinding obsession with the other. From the pounding rhythms spring forth entranced rivals who are much more than mere competitors. Caught in a tragedy replayed thousands of times, Catholics and Protestants stare across the bloody boundary of small differences that separates them. Their opposition defines the mirrored sameness of their common Irishness as utterly alien. With melodramatic anticipation, both await the moment when violence seals off the expelled other and circumscribes the sacred realm of our metaphysical identity. Fully enshrined, the Protestants and Catholics of Ulster feel the fullness of their humanity. They are now complete, but sadly they are no longer whole. MarchingandRising103 History is a weapon, a poker you keep in your pocket to beat the present senseless and so reorder its alignment to the past andjustify present murder. (Kevin Toolis, Rebel Hearts) Marching and drumming make an Orange parade. The practice first entered Ireland with the arrival of "King Billy"—William of Orange in 1690. His troops—the vanguard of Protestantism—marched to the cadence ofkettle drums strapped to the backs ofhorses. When they routed the Catholic army of James II at the Battle of the Boyne, marching and drumming entered the lexicon of Protestant dominance. When the Orangemen hit the streets, they take on the identity of King Billy's Protestant troops. They triumph over the Catholics in... (shrink)

Surgeons have often been portrayed in literature on one of two extremes: the cold, distant scientist or the benign, caring humanist. Two characters in American literature who illustrate those extremes, both surgeons in the military, are Herman Melville's Cadwallader Cuticle and Richard Hooker's Hawkeye Pierce. Cuticle is interested only in the science of his craft, while Pierce maintains the compassion so central to the art of healing, even in the midst of war.

This paper briefly summarizes current thinking in engineering ethics education, argues that much of that ethical instruction runs the risk of being only superficially effective, and explores some of the underlying systemic barriers within academia that contribute to this result. This is not to criticize or discourage efforts to improve ethics instruction. Rather it is to point to some more fundamental problems that still must be addressed in order to realize the full potential of enhanced ethics instruction. Issues discussed will (...) include: intellectual engagement versus emotional engagement; the gravitational pull of curricular structures; the nature of engineering faculty; and the “engineer-ization” of ethics. (shrink)

A consensus exists among contemporary philosophers of biology about the history of their field. According to the received view, mainstream philosophy of science in the 1930s, 40s, and 50s focused on physics and general epistemology, neglecting analyses of the 'special sciences', including biology. The subdiscipline of philosophy of biology emerged (and could only have emerged) after the decline of logical positivism in the 1960s and 70s. In this article, I present bibliometric data from four major philosophy of science journals (Erkenntnis, (...) Philosophy of Science, Synthese, and the British Journal for the Philosophy of Science), covering 1930-59, which challenge this view. (shrink)

This second companion volume on engineering studies considers engineering practice including contextual analyses of engineering identity, epistemologies and values. Key overlapping questions examine such issues as an engineering identity, engineering self-understandings enacted in the professional world, distinctive characters of engineering knowledge and how engineering science and engineering design interact in practice. -/- Authors bring with them perspectives from their institutional homes in Europe, North America, Australia\ and Asia. The volume includes 24 contributions by more than 30 authors from engineering, the (...) social sciences and the humanities. Additional issues the chapters scrutinize include prominent norms of engineering, how they interact with the values of efficiency or environmental sustainability. A concluding set of articles considers the meaning of context more generally by asking if engineers create their own contexts or are they created by contexts. -/- Taken as a whole, this collection of original scholarly work is unique in its broad, multidisciplinary consideration of the changing character of engineering practice. (shrink)

Este artículo explora ciertas conexiones entre la representación de la mortalidad en el retrato y el tratamiento filosófico de nuestra necesidad de ser reconocidos por los demás. En primer lugar, se examina la conexión que establece Georg Simmel en su estudio filosófico sobre Rembrandt entre la capacidad del artista para representar en sus retratos individuos irrepetibles, y su capacidad para capturar la finitud de los mismos en tanto que seres mortales. Tras señalar que ninguna de las explicaciones de Simmel sobre (...) el carácter trágico de los sujetos de los retratos de Rembrandt resulta completamente satisfactoria, recupero los escritos de Rousseau sobre nuestra necesidad de ser reconocidos por los otros, para argumentar que consideramos que los otros son insustituibles porque son capaces de satisfacer esta necesidad ; y que es, precisamente, a esta clase de insustituibilidad a la que apunta Simmel al enlazar los conceptos de individualidad y mortalidad en sus escritos sobre los retratos de Rembrandt. A partir de este punto, sostengo que las ideas anteriores son, de hecho, centrales para la comprensión de la escritura psicoanalítica de Melanie Klein, y, en particular, al planteamiento de Klein sobre la percepción de las otras personas por parte de los niños, que relaciona con sus ansiedades acerca de la posibilidad de la pérdida irreparable de esas personas; su planteamiento de que la condición de persona del otro se debe a que los percibimos como fuentes de reconocimiento; y su análisis de la pintura de retratos como una actividad con la que abordar estas ansiedades. (shrink)

An enduring theme of Western philosophy is that we are all one another’s equals. Yet the principle of basic equality is woefully under-explored in modern moral and political philosophy. What does it mean to say we are all one another’s equals? Jeremy Waldron confronts this question fully and unflinchingly in a major new multifaceted account.

Jean-Jacques Rousseau is often associated with a certain political mode of relating to another, where a person is a locus of enforceable demands. I claim that Rousseau also articulated an affective mode of relating to another, where a person is seen as the locus of a kind of value that cannot be demanded. These are not isolated sides of a distinction, for the political mode constitutes a solution to certain problems that the affective mode encounters in common social circumstances, allowing (...) us to see how these modes might be distinct while the political nevertheless shapes the affective. I contrast this approach with that of some contemporary Kantian writers on affective phenomena who, for reasons rooted in Kant’s moral philosophy, have modeled affective ways of relating to others on duty. I claim that Rousseau’s writing provides us with a way of capturing the correct insight of these accounts—that some of our emotional responses to others are ways of appreciating their personhood—while avoiding the characteristic implausibilities of their close association between the affective and the political. (shrink)

It is common, though perhaps not correct, to think that practical rationality is strictly instrumental.1 The functions of instrumental reason include finding suitable means to our determinate ends, helping to determine our indeterminate ends, and implementing our principles in appropriate actions. One reason that might be given for adopting instrumentalism with respect to rationality might be that our best scientific evidence offers little support for the idea that our brains have powers to detect good and bad as such in persons, (...) actions, or lives. But whatever one’s reasons for taking up instrumentalism, it remains to specify the relationship means are to have with ends. A natural demand is that instrumentally rational actions implement the best means to one’s given ends. Optimizing conceptions of rationality endorse this demand. A competing conception of rationality—the satisficing conception—weakens this requirement and permits some rational actions to implement (merely) satisfactory means to the agent’s given ends. The present article argues that instrumentalist theories of rationality as commonly understood cannot consistently accommodate this satisficing conception of rationality. (shrink)

The most obvious way of settling disagreements peacefully is to take a vote. Yet, as Jeremy Waldron points out, the attitudes of philosophers and political theorists towards majority voting have ranged from indifference to hostility. Piled on top of all this scorn for legislation comes further scorn from social choice theorists, who insist that majority rule is useless as a means of making decisions.

No new ethical issue is created by reproductive technologies. The state should not intervene to suppress individual rights to take advantage of these technologies, including third party donations. Some individuals will view these technologies as the best available option for having and rearing children. The major values to be protected in public policy ought to be compassion, privacy and procreative rights.

Some properties such as having a beard and being a philosopher are intuitively qualitative, while other properties such as being identical to Plato and being a student of Socrates are intuitively non-qualitative. It is often assumed that, necessarily, a property is qualitative if and only if it can be designated descriptively without the aid of directly referential devices. I argue that this linguistic thesis fails in both directions: there might be non-qualitative properties that can be designated descriptively, and there appear (...) to be qualitative properties that can only be designated directly. I conclude that while the linguistic thesis is ultimately untenable as stated, it can be plausibly recast as a thesis about our concepts rather than the properties they designate. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy of Music Education Review 13.1 (2005) 111-114 [Access article in PDF] Response to Elvira Panaiotidi, "The Nature of Paradigms and Paradigm Shifts in Music Education" Janice Waldron Michigan State University Elvira Panaiotidi makes a strong case that MEAE and praxialism represent, respectively, the poesis and praxis strands of the Aristotelian conception of art and that, consequently, one cannot conclude that the two accounts are ontologically incompatible. At (...) this point I wish only to respond to an implication which I believe may be present and discuss its relevance. That is that the search for ontological explanations has historically preceded (or at least should precede) the development of music education theory. A brief look at the historical record indicates that the development of music education theory seems to have been dominated by the search for axiological more than ontological explanations. Panaiotidi lists both aspects as integral parts of the theoretical kernel, however, the need to justify music education in terms of value has, at least in the United States, apparently preceded any search for meaning.Michael Mark recounts a report of the Boston School Committee in 1837, at which certain arguments of Aristotle were invoked in order to persuade the commitee of the value of music instruction.1 The entire transcript of that meeting amounts to a polemic about the value of music, resulting from its supposed effects on the spirit, character, or health, yet the record is devoid of any discussion of what might actually constitute music.2 Marie McCarthy describes how the search for aesthetic foundations over a century later was fostered by a need to "explain [music education's] importance in the curriculum."3 Of the scholars of this period, Abraham Schwadron in particular was quite explicit in articulating how his theory of aesthetics was motivated by what he considered an appalling inability for music educators to validate their field's existence.4This is not to imply that the authors of our current philosophies were not searching for or failed to provide strong ontological arguments for music education or to insist that they have always framed the question: What is valuable about music? as the question: What is music? in order to address these ideological [End Page 111] and political pressures. I am merely suggesting that the search for ontological explanations has generally followed the search for value. The historical pattern is one of reaction to various pressures, followed by the eventual development of an aesthetic philosophical framework which was intended, directly or indirectly, to respond to those pressures. The magnitude of such pressures to justify the place of music in the curriculum would seem to differentiate music education paradigms from those of the social sciences and humanities, of which, the author asserts, they are hybrids. Combined with the marked differences in social and political pressures which are found in various times and places in America, it would also account for the emotional tone of the debate, to which the author also alludes. Presumably, such emotion results not only from various scholars' attachments to their ontological beliefs, but from the practical consequences which occur when a theory is ultimately rejected or implemented at the classroom level, based on its perceived ability to define what is valuable in music education.Although this differentiation is subtle and does not detract from the strength of Panaiotidi's central argument, it has implications for the eventual implementation of any unitary theory. Specifically, if we accept that, ontologically speaking, praxialism and aestheticism are two sides of the same coin, it is likely that the argument will simply transform into an axiological question concerning which side is more valuable, a fact to which the author also alludes. Considering past evidence, the overriding concern for value justification may make implementing any unitary theory difficult, regardless of the benefits that could potentially be gained through such a "balanced music education." Consider, for example, that a unitary theory would be less susceptible to ideological use because of its breadth. In other fields such as literature or science, this would be a... (shrink)

What professional musicians say and do affects the attitudes and actions of music educators in the classroom. One example comes from influential conductor/composer, Gunther Schuller, who, in his controversial 1997 book, The Compleat Conductor, defines, espouses, and recommends his own “philosophy of conducting.” An examination of his ideas and, more importantly, the assumptions that premise them, demonstrates that Schuller fails to situate his beliefs within the larger historical framework of aesthetic philosophy. It also serves as a useful example of how (...) we, as conductor/educators, are prone to distance ourselves from educational philosophy as a product of the systematic examination of beliefs. This is dangerous because, through conducting, one necessarily reinforces a philosophy of music, which is itself situated within the general realm of aesthetic philosophy. This paper summarizes Shuller’s interpretation of conducting, identifies the unarticulated realist and idealist assumptions within, critiques his “philosophy,” and discusses the implications of this prescriptive approach to instrumental music education. (shrink)

In the fall of 1984 my wife, Georgia, and I, moved to Paterson and founded Holistic Ministries International. Our purpose was twofold: to develop a set of ministries that would manifest, in word and deed, the good news of the Kingdom of God; and to develop a context in which prospective missionaries, from Paterson and elsewhere, might receive training relevant to 21st century mission. How this has worked out is the subject of this article.

How do we think about what we plan to do? One dominant answer is that we select the best possible option available. However, a growing number of philosophers would offer a different answer: since we are not equipped to maximize we often choose the next best alternative, one that is no more than satisfactory. This strategy choice is called satisficing. This collection of essays explores both these accounts of practical reason, examining the consequences for adopting one or the other for (...) moral theory in general and the theory of practical rationality in particular. It aims to address a constituency larger than contemporary moral philosophers and bring these questions to the attention of those interested in the applications of decision theory in economics, psychology and political science. (shrink)

In 1897, Cambridge University created a professorship in Mental Philosophy and Logic; despite the double name it was filled by a “mental philosopher,” James Ward, who did no work in logic. The chief logician candidate, John Venn, then turned his attention elsewhere, leaving Cambridge without senior leadership in logic. Ward himself turned to other philosophical issues, doing little further original work in mental philosophy. Cambridge became a center for a fresh interpretation of logic in the early 20th century, but with (...) no help from Venn. Psychology split off from mental philosophy, and what remained, the “philosophy of mind,” was developed elsewhere until after Ward’s tenure. (shrink)

Approaches to Meaning in Music presents a survey of the problems and issues inherent in pursuing meaning and signification in music, and attempts to rectify the conundrums that have plagued philosophers, artists, and theorists since the time of Pythagoras. This collection brings together essays that reflect a variety of diverse perspectives on approaches to musical meaning. Established music theorists and musicologists cover topics including musical aspect and temporality, collage, borrowing and association, musical symbols and creative mythopoesis, the articulation of silence, (...) the mutual interaction of cultural and music-artistic phenomena, and the analysis of gesture. Contributors are Byron Almén, J. Peter Burkholder, Nicholas Cook, Robert S. Hatten, Patrick McCreless, Jann Pasler, and Edward Pearsall. (shrink)