The potential to collect brain data more directly, with higher resolution, and in greater amounts has heightened worries about mental and brain privacy. In order to manage the risks to individuals posed by these privacy challenges, some have suggested codifying new privacy rights, including a right to “mental privacy.” In this paper, we consider these arguments and conclude that while neurotechnologies do raise significant privacy concerns, such concerns are—at least for now—no different from those raised by other well-understood data collection (...) technologies, such as gene sequencing tools and online surveillance. To better understand the privacy stakes of brain data, we suggest the use of a conceptual framework from information ethics, Helen Nissenbaum’s “contextual integrity” theory. To illustrate the importance of context, we examine neurotechnologies and the information flows they produce in three familiar contexts—healthcare and medical research, criminal justice, and consumer marketing. We argue that by emphasizing what is distinct about brain privacy issues, rather than what they share with other data privacy concerns, risks weakening broader efforts to enact more robust privacy law and policy. (shrink)

This article discusses the desirability and feasibility of modeling precedents with multiple interpretations within factor-based models of precedential constraint. The main idea is that allowing multiple reasonable interpretations of cases and modeling precedential constraint as a function of what all reasonable interpretations compel may be advantageous. The article explains the potential benefits of extending the models in this way with a focus on incorporating a theory of vertical precedent in U.S. federal appellate courts. It also considers the costs of extending (...) the models in this way, such as the significant increase in the functional size of the case base and the need to provide some kind of ordering on interpretations to select a “best” interpretation. Finally, the article suggests partially incorporating multiple interpretations of dimensions as a realistic starting point for incorporating interpretations generally, and shows how doing so can help address difficulties with dimensions. The conclusion remarks on the use of interpretations to deal with inconsistent precedents. (shrink)

I ask you to X. You now have a reason to X. My request gave you a reason. How? One unpopular theory is the epistemic account, according to which requests do not create any new reasons but instead simply reveal information. For instance, my request that you X reveals that I desire that you X, and my desire gives you a reason to X. Peter Schaber has recently attacked both the epistemic account and other theories of the reason-giving force of (...) requests. Schaber defends a new theory of the reason-giving force of requests according to which request give reasons because it is valuable for requesters and requestees that requests have this power. In this paper I argue that Schaber's attack on the epistemic account fails, and that his own theory ought to be rejected because it faces compelling objections. (shrink)

“X-Firsters” hold that there is some normative feature that is fundamental to all others (and, often, that there’s some normative feature that is the “mark of the normative”: all other normative properties have it, and are normative in virtue of having it). This view is taken as a starting point in the debate about which X is “on first.” Little has been said about whether or why we should be X-Firsters, or what we should think about normativity if we aren’t (...) X-Firsters. Hence the chapter’s two main goals. First, to provide a simple argument that one shouldn’t be an X-Firster about the normative domain, which starts with the observation that analogous views have dubious merits in analogous domains. Second, to offer an alternative view—taking normativity to be a determinable explained in terms of its determinates—that offers an interesting way to think about the structure and unity of normativity. (shrink)

Plato's dialogues frequently criticize traditional Greek myth, yet Plato also integrates myth with his writing. Daniel S. Werner confronts this paradox through an in-depth analysis of the Phaedrus, Plato's most mythical dialogue. Werner argues that the myths of the Phaedrus serve several complex functions: they bring nonphilosophers into the philosophical life; they offer a starting point for philosophical inquiry; they unify the dialogue as a literary and dramatic whole; they draw attention to the limits of language and the limits of (...) knowledge; and they allow Plato to co-opt cultural authority as a way of defining and legitimating the practice of philosophy. Platonic myth, as a species of traditional tale, is thus both distinct from philosophical dialectic and similar to it. Ultimately, the most powerful effect of Platonic myth is the way in which it leads readers to participate in Plato's dialogues and to engage in a process of self-examination. (shrink)

Supporters of open borders sometimes argue that the state has no pro tanto right to restrict immigration, because such a right would also entail a right to exclude existing citizens for whatever reasons justify excluding immigrants. These arguments can be defeated by suggesting that people have a right to stay put. I present a new form of the exclusion argument against closed borders which escapes this “right to stay put” reply. I do this by describing a kind of exclusion that (...) has not been discussed in depth, which I call “territorial exclusion.” Territorial exclusion is the process according to which the group that wishes to exclude current citizens secedes from the territory in which those citizens reside. I argue that the wrongness of territorial exclusion explains why there is no pro tanto right for a state to exclude immigrants, because otherwise there would be a pro tanto right for the state to kick people out by seceding from the territory they inhabit. Because kicking people out like this is typically wrong, borders cannot be closed. (shrink)

The study empirically investigates the relationship between corporate governance and the triple bottom line sustainability performance through the lens of agency theory and stakeholder theory. We claim, in fact, that no single theory fully accounts for all the hypothesised relationships. We measure sustainability performance through manual content analysis on sustainability reports of the US-based companies. The study extends the existing literature by investigating the impact of selected corporate governance mechanisms on each dimension of sustainability performance, as defined by the GRI (...) framework. Our approach allows to identify which governance mechanisms foster triple bottom line performance, also revealing that some mechanisms fit only specific dimension of sustainability. The fact-based findings provide support for a new beginning in the theorising process in which the theories must try not only to provide rationale for the impact of corporate governance on sustainability, but also to explain which dimension of sustainability might be more affected. The most important implication for practitioners is the support for sustainability practices, which may be gained through implementation of particular corporate governance mechanisms. The findings contribute also to the improvement of the ongoing standard setting process, in particular as it concerns the in-depth revision of the economic dimension of sustainability carried out under the new GRI framework. (shrink)

Motion—and, in particular, local motion or change in location—plays a central role in Kenelm Digby’s natural philosophy and in his arguments for the immateriality of the soul. Despite this, Digby’s account of what motion consists in has yet to receive much scholarly attention. In this paper, I advance a novel interpretation of Digby on motion. According to it, Digby holds that for a body to move is for it to divide from and unify with other bodies. This is a view (...) of motion—as change in relations of parthood—that Alison Peterman attributes to Digby’s contemporary and acquaintance, Margaret Cavendish. Having shown that Digby’s presentation of the view predates Cavendish’s by more than a decade, I make a case that Digby’s work influenced Cavendish’s on this topic. In developing and defending my reading, I consider to what extent the Digbean account of motion and the arguments for it accord with the ideals of the mechanical philosophy emerging in the early modern period. (shrink)

Abstract This paper offers an appraisal of Phillip Pettit's approach to the problem how a merely finite set of examples can serve to represent a determinate rule, given that indefinitely many rules can be extrapolated from any such set. I argue that Pettit's so-called ethnocentric theory of rule-following fails to deliver the solution to this problem he sets out to provide. More constructively, I consider what further provisions are needed in order to advance Pettit's general approach to the problem. I (...) conclude that what is needed is an account that, whilst it affirms the view that agents' responses are constitutively involved in the exemplification of rules, does not allow such responses the pride of place they have in Pettit's theory. (shrink)

This book is a study of the role of intellect in human action as described by Thomas Aquinas. One of its primary aims is to compare the interpretation of Aristotle by Aquinas with the lines of interpretation offered in contemporary Aristotelian scholarship. The book seeks to clarify the problems involved in the appropriation of Aristotle's theory by a Christian theologian, including such topics as the practical syllogism and the problems of akrasia. Westberg argues that Aquinas was much closer to Aristotle (...) than is often recognized, and he puts forward important new interpretations of the relation of intellect and will in the stages of intention, deliberation, decision, and execution. In the concluding section of the book, he shows how this new interpretation yields fruitful insights on a range of theological topics, including sin, law, love, and the moral virtues. (shrink)

The problem known as Buridan’s Ass says that a hungry donkey equipoised between two identical bales of hay will starve to death. Indecision kills the ass. Some philosophers worry about human analogs. Computer scientists since the 1960s have known about the computer versions of such cases. From what Leslie Lamport calls ‘Buridan’s Principle’—a discrete decision based on a continuous range of input-values cannot be made in a bounded time—it follows that the possibilities for human analogs of Buridan’s Ass are far (...) more wide-ranging and securely provable than has been acknowledged in philosophy. We are never necessarily decisive. This is mathematically provable. I explore four consequences: first, increased interest of the literature’s solutions to Buridan’s Ass; second, a new asymmetry between responsibility for omissions and responsibility for actions; third, clarification of the standard account of akrasia; and, fourth, clarification of the role of credences in normative decision-theory. (shrink)

This paper gives an account of dimensions in the reason model found in Horty : 1–33, 2011), Horty and Bench-Capon and Rigoni :133–160, 2015. doi: 10.1007/s10506-015-9166-x). The account is constructed with the purpose of rectifying problems with the approach to incorporating dimensions in Horty, namely, the problems arising from the collapse of the distinction between the reason model and the result model on that approach. Examination of the newly constructed theory revealed that the importance of dimensions in the reason (...) model lies in their ability to establish weighings between reasons/factors of the same polarity. This permits past cases to constrain future cases in ways they could not on the reason model with just factors. The paper then discusses how dimensions might be established from a case base and how dimensions that are incomplete in various aspects might be dealt with in the theory. It closes with comparisons to other work in the literature on AI and Law and suggestions for further improvement of the reason model. (shrink)

This paper aims to understand Hegel’s claim in the introduction to his Philosophy of Mind that mind is an actualization of the Idea and argues that this claim provides us with a novel and defensible way of understanding Hegel’s naturalism. I suggest that Hegel’s approach to naturalism should be understood as ‘formal’, and argue that Hegel’s Logic, particularly the section on the ‘Idea’, provides us with a method for this approach. In the first part of the paper, I present an (...) interpretation of Hegel’s method in which life plays a central role. In the second part of the paper, I develop Hegel’s method by providing a reading of Hegel’s Subjective Spirit, focusing on the sections ‘Anthropology’ and ‘Phenomenology’ in particular, arguing that they display the dialectic between life and cognition outlined by Hegel’s Idea. (shrink)

It has been claimed that counterpart theory cannot support a theory of actuality without rendering obviously invalid formulas valid or obviously valid formulas invalid. We argue that these claims are not based on logical flaws of counterpart theory itself, but point to the lack of appropriate devices in first-order logic for “remembering” the values of variables. We formulate a mildly dynamic version of first-order logic with appropriate memory devices and show how to base a version of counterpart theory with actuality (...) on this. This theory is, in special cases, equivalent to modal first-order logic with actuality, and apparently does not suffer from the logical flaws that have been mentioned in the literature. (shrink)

Believing in free will may arise from a biological need for control. People induced to disbelieve in free will show impulsive and antisocial tendencies, suggesting a reduction of the willingness to exert self-control. We investigated whether undermining free will affects two aspects of self-control: intentional inhibition and perceived self-control. We exposed participants either to anti-free will or to neutral messages. The two groups then performed a task that required self-control to inhibit a prepotent response. No-free will participants showed less intentional (...) inhibitions than controls, suggesting a reduction of self-control. We assessed perceived self-control by asking participants whether the response resulted from a deliberate intention or from an impulsive reaction. Perceived self-control was lower in the no-free will group than in control group. Our findings show that undermining free will can degrade self-control and provide insights into how disbelieving in free will leads to antisocial tendencies. (shrink)

This paper aims to understand Hegel’s claim in the introduction to his Philosophy of Mind that mind is an actualization of the Idea and argues that this claim provides us with a novel and defensible way of understanding Hegel’s naturalism. I suggest that Hegel’s approach to naturalism should be understood as ‘formal’, and argue that Hegel’s Logic, particularly the section on the ‘Idea’, provides us with a method for this approach. In the first part of the paper, I present an (...) interpretation of Hegel’s method in which life plays a central role. In the second part of the paper, I develop Hegel’s method by providing a reading of Hegel’s Subjective Spirit, focusing on the sections ‘Anthropology’ and ‘Phenomenology’ in particular, arguing that they display the dialectic between life and cognition outlined by Hegel’s Idea. (shrink)

In this article I argue for rule-based, non-monotonic theories of common law judicial reasoning and improve upon one such theory offered by Horty and Bench-Capon. The improvements reveal some of the interconnections between formal theories of judicial reasoning and traditional issues within jurisprudence regarding the notions of the ratio decidendi and obiter dicta. Though I do not purport to resolve the long-standing jurisprudential issues here, it is beneficial for theorists both of legal philosophy and formalizing legal reasoning to see where (...) the two projects interact. (shrink)

This essay considers the critical response to Hegel's view of Socrates we find in Kierkegaard's dissertation, The Concept of Irony. I argue that this dispute turns on the question whether or not the examination of particular thinkers enters into Socrates’ most basic aims and interests. I go on to show how Kierkegaard's account, which relies on an affirmative answer to this question, enables him to provide a cogent defence of Socrates' philosophical practice against Hegel's criticisms.

Can a liberal state exclude illiberal immigrants in order to preserve its liberal status? Hrishikesh Joshi has argued that liberalism cannot require a commitment to open borders because this would entail that liberalism is committed to its own demise in circumstances in which many illiberal immigrants aim to immigrate into a liberal society. I argue that liberalism is committed to its own demise in certain circumstances, but that this is not as bad as it may appear. Liberalism’s commitment to its (...) own demise is merely a reflection of the fact that it must take into account the rights of outsiders, not just the rights of existing citizens, and of the fact that circumstances of injustice can sometimes leave liberal societies with no correct choice. (shrink)

Mandatory minimum sentencing provisions have been a feature of the U.S. justice system since 1790. But they have expanded considerably under the war on drugs, and their use has expanded considerably under the Trump Administration; some states are also poised to expand drug-related mandatory minimums further in efforts to fight the current opioid epidemic. In this paper I outline and evaluate three prominent arguments for and against the use of mandatory minimums in the war on drugs—they appeal, respectively, to proportionality, (...) consistency, and efficiency. I ultimately defend the view that the use of mandatory minimums in the war on drugs is unjust. -/- . (shrink)

Abstract: According to a rationalist theory of introspection, rational agents have a capacity to believe they are in conscious states when they are in them, much as they have the capacity, for example, to avoid obvious contradictions in their beliefs. For the agent to know or believe by introspection, on this view, is for them to exercise that capacity. According to an acquaintance theory of introspection, by contrast, whenever an agent is in a conscious state, the agent is aware of (...) or is acquainted with being in the state, where the background notion of acquaintance is understood to be distinct from sense perception, on the one hand, and belief or knowledge, or the other. For the agent to know or believe by introspection, on this view, is for them to take advantage of the epistemic position they occupy in virtue of being acquainted in this way. These theories are not in conflict; it is possible to hold both an acquaintance theory and a rationalist theory. This paper, however, sets out and recommends a different possibility, namely, that of holding a rationalist theory while rejecting any acquaintance theory. (shrink)

Proponents of strict rule-based theories of judicial reasoning in common-law systems have offered a number of criticisms of analogical alternatives. I explain these criticisms and show that at best they apply equally well to rule-based theories. Further, I show how the analogical theories explain a feature of judicial common-law reasoningthat rule-based theories ignore. Finally, I show that reason-based, analogical theories of common-law judicial reasoning, such as those offered by John Horty and Grant Lamond, offer especially strong rejoinders to the rule-theorist (...) objections and persuasive accounts of distinguishing. (shrink)

Functional decomposition is an important goal in the life sciences, and is central to mechanistic explanation and explanatory reduction. A growing literature in philosophy of science, however, has challenged decomposition-based notions of explanation. ‘Holists’ posit that complex systems exhibit context-sensitivity, dynamic interaction, and network dependence, and that these properties undermine decomposition. They then infer from the failure of decomposition to the failure of mechanistic explanation and reduction. I argue that complexity, so construed, is only incompatible with one notion of decomposition, (...) which I call ‘atomism’, and not with decomposition writ large. Atomism posits that function ascriptions must be made to parts with minimal reference to the surrounding system. Complexity does indeed falsify atomism, but I contend that there is a weaker, ‘contextualist’ notion of decomposition that is fully compatible with the properties that holists cite. Contextualism suggests that the function of parts can shift with external context, and that interactions with other parts might help determine their context-appropriate functions. This still admits of functional decomposition within a given context. I will give examples based on the notion of oscillatory multiplexing in systems neuroscience. If contextualism is feasible, then holist inferences are faulty—one cannot infer from the presence of complexity to the failure of decomposition, mechanism, and reductionism. (shrink)

Lovejoy (1873-1962) was America's foremost historian of ideas, a major participant in the philosophical debates of the twentieth century, and a prominent advocate of academic freedom. The product of an emotionally unsettled childhood and an evangelical father, Lovejoy reacted against his father by postulating the certainty of self-sufficient reason. He believed that only the principles of reason could order the world and so make our universe intelligible. Originally published in 1980. A UNC Press Enduring Edition -- UNC Press Enduring Editions (...) use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value. (shrink)

The _Physics_ is a foundational work of western philosophy, and the crucial one for understanding Aristotle's views on matter, form, essence, causation, movement, space, and time. This richly annotated, scrupulously accurate, and consistent translation makes it available to a contemporary English reader as no other does—in part because it fits together seamlessly with other closely associated works in the New Hackett Aristotle series, such as the _Metaphysics_, _De Anima_, and forthcoming _De Caelo_ and _On Coming to Be and Passing Away_. (...) Eventually the series will include all of Aristotle's works. Sequentially numbered endnotes provide the information most needed at each juncture, while a detailed Index of Terms indicates places where focused discussion of key notions occurs. An illuminating general Introduction describes the book that lies ahead, explaining what sort of work it is and what sorts of evidence it relies on. (shrink)

According to ethical objectivism, what a person should do depends on the facts, as opposed to their perspective on the facts. A long-standing challenge to this view is that it fails to accommodate the role that norms play in guiding a person’s action. Roughly, if the facts that determine what a person should do lie beyond their ken, they cannot inform a person’s deliberations. This paper explores two recent developments of this line of thought. Both focus on the epistemic counterpart (...) to ethical objectivism, according to which what a person should believe depends on the facts, as opposed to their perspective on the facts. The suggestion in each case is that epistemic objectivism faces a distinctive problem in accommodating guidance. Insofar as objectivism concerning the epistemic domain stands or falls with objectivism concerning the ethical domain, this is a problem for objectivism more generally. In this paper, I show that those arguments are not successful. The upshot is that the objectivist – whether ethical or epistemic – need not reject the idea that norms serve a guiding function. (shrink)

Despite myriad controversies about reasons, two theses are frequently taken for granted: (i) reasons are sources of normative support for actions, attitudes, etc; and (ii) reasons, at least in simple, paradigmatic cases, consist in atomic facts. Call this conjunction “the atomic view.” Against this, we advocate what we call “the cluster view,” on which even in the simplest cases, the normative support for an action or attitude is typically provided by a whole cluster of facts. Moreover, many of these facts (...) are on an explanatory par—they each play the same kind of role in explaining why there is normative support for the action or attitude in question. We show that presupposition of the atomic view generates unnecessary (psuedo-)puzzles⁠—about topics such as rationality, moral worth, and doxastic justification⁠—that can be largely (dis)solved with the cluster view in place. The cluster view’s ability to do this constitutes an argument in its favor, beyond intuitive considerations that we also adduce. (shrink)

ABSTRACTLegal reasoning is commonly thought of as being based on either rules or analogies. More specifically, there is ongoing debate regarding whether precedential reasoning is best characterized as rule-based or analogical. This article continues that work by comparing recent and representative approaches from each camp, namely, Stevens's analogical model and the “rule-based” model of Horty and Rigoni. In the course of the comparison improvements on each approach are suggested and the improved models serve as the basis for the ultimate (...) evaluation. The evaluation demonstrates that the “best” approach depends on the goals one has in theorizing legal reasoning as well as the jurisprudential assumptions one is willing to make. (shrink)

About the ontology of the Polish philosopher Roman Ingarden, as presented in his treatise 'The Controversy about the Existence of the World'.

Poor ethical decision–making costs industry billions of dollars a year and damages the images of corporations. Thus, by answering the question ‘Why do individuals behave as they do when confronted with ethical issues?’ ethical theory can provide businesses with a means to create a more ethical climate and a more successful operation. This study tested the Ethical Decision–Making Model with accountability (Beu & Buckley 2001), which uses theory that suggests that ethical behavior is influenced by the individual, the issue, social (...) relationships (accountability), and the organization in which the employee is embedded (Brass, Butterfield & Skaggs 1988; Frink & Klimoski 1998). The results showed that individuals’ thought processes (cognitive moral development), personalities (locus of control, hostility and aggression, Machiavellianism), and gender influence how they respond to ethical dilemmas, as well as the salience of the moral issue (moral intensity) and the environmental context (work/school). (shrink)

The problem of free will is among the most fascinating and disputed questions throughout the history of philosophy and psychology. Traditionally limited to philosophical and theological debate, in the last decades it has become a matter of scientific investigation. The theoretical and methodological advances in neuroscience allowed very complex psychological functions related to free will (conscious intentions, decision-making, and agency) to be investigated. In parallel, neuroscience is gaining momentum in the media, and various scientific findings are claimed to provide evidence (...) that free will is nothing more than an illusion. Why do neuroscientific findings have such a strong impact on our notion of free will? Does it really matter what neuroscience tells us about free will? Here we critically examine studies in experimental philosophy, social psychology and cognitive neuroscience that attempt to provide an empirical answer to these questions. This overview of the literature demonstrates that inducing disbelief in free will has an impact on folk psychology, social behavior and intentional action. (shrink)

According to the cluster of theories in the metaphysics of properties known as ‘trope’ theories, properties are collections of particular qualitative instances. Though increasingly influential, the cluster is sufficiently diverse for there to be little agreement as to the prospects of its members. The present essay articulates and defends a conception of tropes as primitively qualitatively complex, somewhat in the vein of Quinean nominalist objects. After clarifying the relationships among tropes, properties, property exemplification, and property conferral, the essay discusses the (...) benefits of this new ‘ostrich’ trope theory. Specifically, the theory explains better than prior trope theories both the spatiotemporal status of tropes and the capacity tropes have to confer properties onto objects. Moreover, the theory is immune to many of the concerns that threaten more orthodox trope ontologies. (shrink)

Moral philosophy is often said to be about what we owe to each other. Do we owe anything to ourselves?

This article further systematizes the existential body, contributing to the ethnographic model of embodied objectivity. It situates embodiment as the foundation of knowledge, demonstrating its underdevelopment in anthropological literature. The paper explores the philosophical relationship between being-in-the-world and Merleau-Ponty’s body-proper, emphasizing the central role of embodied pre-objective signification in representational ethnographic knowing. This aspect is often insufficiently addressed, particularly in light of certain ethnographic applications of the epoché. The paper concludes that, given the oscillatory apprehension of embodiment, the use of (...) terms like “systematizing” and “inter-objectivity” adequately enhances its portrayal as a pre-objective phenomenon rather than an objective one. (shrink)

There could be no more gratifying response to a philosopher's work than such a bounty of challenging, high-quality essays. I have learned a great deal from them, and hope that other readers will be as delighted as I have been by the insights gathered here. One thing I have learned is just how much hard work I had left for others to do, by underestimating the degree of explicit formulation of theses and arguments that is actually required to bring these (...) issues into optimal focus. These essays cover my work from top to bottom. Just about every nook and cranny is probed and tested in ways I could never do for myself. The essays thus highlight the areas of weakest exposition of my views; they also show the weak points of the views themselves--and suggest repairs, which I am sometimes happy to accept, but not always, since there are a few cases in which one critic deftly disarms another, sight unseen. I will be fascinated to learn how the individual authors react to each other's essays, since they side with me on different points, and disagree about what is still in need of revision or repair. (shrink)

This dissertation develops, justifies, and examines the jurisprudential implications of a non-monotonic theory of common law legal reasoning. Legal rules seem to have exceptions but identifying all of them is difficult. This hinders attempts to formalize legal rules using classical logics. Non-monotonic logics allow defeasible inference, permitting rules that hold generally but can be defeated in the presence of exceptions. This ameliorates the problem of characterizing all exceptions to a rule, because exceptions can be added piecemeal while the rule remains. (...) The first portion of the dissertation rebuts a prominent criticism leveled at a large class of theories of legal reasoning that includes my theory. The charge is that no coherent theory can recognize both the difference between distinguishing and overruling, and the constraint of precedent. The critics argue that is more important than and that can only be explained by monotonic legal rules. Drawing on cognitive psychology as well as legal theory, I show that coherent theories, such as my own, can accommodate both and. The second chapter provides motivation for understanding precedential constraint in terms of non-monotonic default rules and introduces my positive theory, which elaborates on John Horty's work in treating legal rules as prioritized defaults involving reasons. I motivate and implement a relaxation of Horty's restrictions on the form of rules to allow a more fine-grained characterization of precedent. Finally, I explore the relationship between these relaxations and the concept of precedent. The final section explains how my theory fits into the traditional jurisprudential ecosystem. I demonstrate that, contrary to assertions in the legal theory literature, this non-monotonic approach is entirely compatible with positivism's commitment to extracting rules from authoritative legal sources, namely court opinions. I also suggest how it might be attractive to law and economics theorists, pragmatists, and followers of Dworkin. (shrink)

In this book Daniel Wegner offers a novel understanding of the relation of consciousness, the will, and our intentional and voluntary actions. Wegner claims that our experience and common sense view according to which we can influence our behavior roughly the way we experience that we do it is an illusion.

Causal mechanisms theory has provided an important contribution to the theory of social explanation. This article considers whether CMT also makes a contribution to improvement of social science methodology. Methodology serves as a guide to the construction of research questions and explanatory hypotheses. Research is guided by background assumptions about the ontology of the domain of investigation. CMT provides a valuable ontology for social science research. Furthermore, it provides a valuable research heuristic: “seek out the causal mechanisms that underlie an (...) outcome of interest.” CMT does indeed have valuable implications for social science investigation, hypothesis formation, and research strategy. (shrink)