The epistemic arrow of time is the fact that our knowledge of the past seems to be both of a different kind and more detailed than our knowledge of the future. Just like with the other arrows of time, it has often been speculated that the epistemic arrow arises due to the second law of thermodynamics. In this paper, we investigate the epistemic arrow of time using a fully formal framework. We begin by defining a memory system as any physical (...) system whose present state can provide information about the state of the external world at some time other than the present. We then identify two types of memory systems in our universe, along with an important special case of the first type, which we distinguish as a third type of memory system. We show that two of these types of memory systems are time-symmetric, able to provide knowledge about both the past and the future. However, the third type of memory systems exploits the second law of thermodynamics, at least in all of its instances in our universe that we are aware of. The result is that in our universe, this type of memory system only ever provides information about the past. We also argue that human memory is of this third type, completing the argument. We end by scrutinizing the basis of the second law itself. This uncovers a previously unappreciated formal problem for common arguments that try to derive the second law from the “Past Hypothesis”, i.e., from the claim that the very early universe was in a state of extremely low entropy. Our analysis is indebted to prior work by one of us but expands and improves upon this work in several respects. (shrink)

I defend my attempt to explain causal priority by means of one-way causal conditionship by answering an argument by J. A. Cover about Charles'' law. Then I attempt to say what makes a philosophical analysis a counterfactual analysis, so I can understand Cover''s claim that my account is at its base a counterfactual one. Finally I examine Cover''s discussion of my contention that necessary for in the circumstances is nontransitive.

Robert Alexy defines law as including a claim to moral correctness and demonstrating social efficacy. This paper argues that law's social efficacy is not merely an observable fact but is undergirded by moral commitments by rulers that it is possible for their subjects to follow the rules, that the rulers and others will also follow the rules, that subjects will be protected from violence if they act in accordance with the rules, and that subjects will be entitled to legal redress (...) if others act violently towards them otherwise than in accordance with the rules. Alexy is correct in his conclusion that a system of norms that is not by and large socially efficacious is not a valid legal system, but wrong insofar as he follows legal positivism in distinguishing this aspect of law's validity from law's claim to moral correctness. (shrink)

The Reputation of Justice Oliver Wendell Holmes, Jr., one of the chief architects of twentieth century American law, has gone through a number of phases, changing from being altogether praiseworthy in the last years of his life and the first years after his death in 1935 to that of more sober evaluations. Writing at mid-century Henry Steele Commager offered the judgment that Holmes had had about him “much of the Olympian [and] something of the Mephistophelean.” The most useful account of (...) how the winds of change swept along Holmes' reputation is an article by G. Edward White, “The Rise and Fall of Justice Holmes,” which appeared in the University of Chicago Law Review in 1971. White examined the myth of Justice Holmes as it obtained from 1932 to 1940 and then proceeded to describe the demythologizing of Holmes from 1941 through 1949. (shrink)

The measurement of force is based on a formal law of additivity, which characterizes the effects of two or more configurations on the equilibrium of a material point. The representing vectors (resultant forces) are additive over configurations. The existence of a tight interrelation between the force vector and the geometric space, in which motion is described, depends on observations of partial (directional) equilibria; an axiomatization of this interrelation yields a proof of part two of Newton's second law of motion. The (...) present results (which were derived from a curious and deep isomorphism between force measurement and trichromatic color measurement) yield a kind of subunit, which needs to be incorporated into more complete axiomatizations of mechanics that would fulfill the Mach-Kirchhoff program. (shrink)

Richard Dawkins has a dilemma when it comes to design arguments. On the one hand, he maintains that it was Darwin who killed off design and so implies that his rejection of design depends upon the findings of modern science. On the other hand, he follows Hume when he claims that appealing to a designer does not explain anything and so implies that rejection of design need not be based on the findings of modern science. These contrasting approaches lead to (...) the following dilemma: if he claims that Darwinism is necessary for rejecting design, he has no satisfactory response to design arguments based on the order in the laws of physics or the fine-tuning of the physical constants; alternatively, if Humean arguments are doing most of the work, this would undermine one of his main contentions, that atheism is justified by science and especially by evolution. In any case, his Humean arguments do not provide a more secure basis for his atheism because they are seriously flawed. A particular problem is that his argument for the improbability of theism rests on a highly questionable application of probability theory since, even if it were sound, it would only establish that the prior probability of God’s existence is low, a conclusion which is compatible with the posterior probability of God’s existence being high. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Beyond EngelClinical Pragmatism as the Foundation of Psychiatric PracticeDavid H. Brendel (bio)Keywordsbiopsychosocial model, pluralism, pragmatism, psychiatryFor many years now, there has been growing recognition of the powerful role of pragmatic reasoning in numerous disciplines, including bioethics, medicine, law, political science, and philosophy (Dickstein 1998; Rosenthal, Hausman, and Anderson 1999). But until recently, philosophical pragmatism was neglected by scholars exploring the clinical challenges and theoretical underpinnings of psychiatry. In his (...) noteworthy article The Biopsychosocial Model and Philosophic Pragmatism: Is George Engel a Pragmatist?, Bradley Lewis offers a significant contribution to the small but gradually increasing literature in this area. Lewis appropriately presents Engel as a major figure in twentieth-century American medicine and psychiatry, a critic and a visionary who dared to question the dominant paradigm of biomedical reductionism (Engel 1977)—a paradigm that led to important scientific advances, but also restricted the physician’s understanding of the patient as a complex individual with an inner world and interpersonal relationships. Lewis argues that medicine and psychiatry a generation after Engel’s seminal 1977 paper can be revitalized by reinterpreting Engel in the intellectual tradition of classical American pragmatism and neo-pragmatism. Placing Engel in the pragmatic tradition, Lewis suggests, could enhance the biopsychosocial model and have substantial benefits for both individual patients and society as a whole.There is no disputing Lewis’s argument that a pragmatic philosophy of medicine and psychiatry is a noble goal. In fact, in my book Healing Psychiatry: Bridging the Science/Humanism Divide (Brendel 2006), I present philosophical pragmatism as the most compelling theoretical approach to clinical psychiatry in the twenty-first century—the approach that is most likely to empower the clinician and the patient to collaboratively develop a treatment plan that heeds the multidimensional complexity of the patient’s life, recognizes the confusion and uncertainty that grows out of this complexity, and aims for a favorable therapeutic outcome. Drawing on work of the classical American pragmatists and contemporary pragmatic bioethicists, I identify four dimensions of philosophical pragmatism that provide a sound foundation for clinical work, which I call the “four ps”: (1) diagnostic formulations and treatment plans in psychiatry are practical insofar as they focus on results rather than a commitment to any particular theory; (2) they are pluralistic [End Page 311] insofar as they incorporate explanatory concepts that span the biopsychosocial spectrum; (3) they are participatory and collaborative, not imposed authoritatively by the clinician; and (4) they are provisional, open-ended, and malleable to newly acquired information and evolution of the patient’s condition.Lewis casts Engel as a philosophical pragmatist who battled the Goliath of biomedical reductionism that had come to dominate American medicine and psychiatry in the latter half of the twentieth century. Unfortunately, however, regardless of how elegantly Lewis reinterprets Engel, he cannot render him a full-blown pragmatist for the medicine and psychiatry of the twenty-first century. Lewis provides quotations to suggest that Engel valued a results-oriented clinical sensibility, for example “the value of a scientific model is measured not by whether it is right or wrong but by how useful it is” (Engel 1980). But Engel was not fully committed to clinical outcome as the supreme judge of theory in medicine and psychiatry. Lewis notes that Engel understood the biopsychosocial model as less “a matter of compassion and humanity” and more a matter of “rigorous application of the principles and practices of science”; he was a man of his time who could not fully escape the scientism of the day. Working within this scientistic world, he distinguished himself by reintroducing psychological, sociological, and humanistic concepts into clinical medicine, which had become obsessed with the power and robustness of the natural sciences but had neglected the suffering human subject and the social context of illness. Engel undoubtedly hoped the biopsychosocial model would lead to better clinical results but, unlike the classical American pragmatists and contemporary pragmatic bioethicists, he did not make a systematic case for privileging clinical outcome above strict adherence to scientific theory.In fact, Engel’s biopsychosocial model runs the risk of becoming a reified end in itself; those who unquestioningly espouse its basic tenets are in danger of... (shrink)

I have been a Daniel Callahan reader for over thirty years. My first published review was of Abortion: Law, Choice, and Morality. Callahan's latest book, The Five Horsemen of the Modern World: Climate, Food, Water, Disease, and Obesity, is a sustained and detailed explanation of a series of challenges facing humankind in this century. Callahan's prognosis is bleak, his analyses credible, and while hope is not lost, the moral of the story is that we had better get our act together (...) fast. Callahan argues that when we face challenges like these, rational persuasion is insufficient. Human emotions must be engaged. Without knowledgeable emotional engagement by millions of people, we are done for. It seems to me that he is really calling for a national cultural conversion experience, rather as, almost three hundred years ago, Jonathan Edwards declared that if there is a hell, it makes good sense to frighten people out of it! (shrink)

In lieu of an abstract, here is a brief excerpt of the content:122 HISTORY OF PHILOSOPHY the godlike in himself. No longer would his serf-alienation be put at a distance and reified so that it overpowers him. No longer would a world without aim and without meaning compel him to refer aim and meaning to transmundane powers, Transcendental aims and meanings are not known and are not needed: the innocence of becoming, whose moments are equally valuable or valueless since there (...) is nothing wherewith to measure them, is the higher condition of man. For only an as yet meaningless world is receptive to the bestowal of new meaning, and only in such a world can man discover his true self-image--as sole creator of meanings. All this is carefully pieced together and supported by well-chosen texts. Professor Wein is on shaky ground, however, when he claims that Christ, not Dionysus, is the proper symbol of Nietzschean affirmation. Wein observes, quite rightly, that Nietzsche's affirmations were never clearly conceptualized, that they find expression almost wholly in moments of poetic ecstasy. But Nietzsche's lyrical outbursts are thoroughly Dionysian in character. Moreover, not only is Nietz.sche's representation of Christ as immanentist yea-sayer extremely forced, but Nietzsche's own denigration of human mutuality, of which Wein is critical, cannot be reconciled even with the distorted image of Christ which Nietzsche cherished. But that is a minor flaw (in spite of the subtitle) in an otherwise sensitive and searching essay. Elucidations rather than obfuscations of "what Nietzsche meant" are hard to come by. PE'rER Fuss University of California, Riverside Dooyeweerd and the Amsterdam Philosophy. By R. H. Nash. (Grand Rapids, Michigan: Zondervan Publishing Co., 1962. $2.50.) Dooyeweerd and the Amsterdam Philosophy provides a brief synopsis and critical discussion of several of the major tenets of the new School of Augustinian philosophy set forth by the Dutch philosopher, Herman Dooyeweerd, in his four-volume work A New Critique of Theoretical Thought. The central thesis defended by Dooyeweerd is the assertion that philosophy cannot be religiously neutral. Theoretical insight into the coherence of the aspects of the temporal world can be acquired, if, and only if, the philosopher answers questions about the ultimate origin of the world and his own relation to that origin. To reach a decision with respect to the origin of the world, both in its diversity and unity, requires an act of religions faith. The motive of form and matter, which dominated the classical Greek world, arose out of the encounter between the pre-Homeric religion of life and the cultural religion of the Olympic gods. Modern humanism, in contrast, has absolutized the theoretical attitude of thought and secularized the Christian idea of creation and freedom, thereby giving rise to a polar tension between a "Faustian" passion to dominate reality by scientific method and the notion of freedom, expressed in the absolute sovereignty of human personality. Within humanism reason is made the origin of the world, the giver of law. The ascription of primacy to the ideal of science may lead to the hypostatization of the categorical imperative, or to the absolutization of special forms of scientific thought. However, when primacy is ascribed to the ideal of human personality, transcendental thought may BOOK REVIEWS 123 become the origin of the norms of moral freedom and the formal origin of the laws os nature. The totality of the world may be interpreted in terms of the homo noumenon, or in terms of a totality of values, in terms of feeling or as the historical stream of experience. The interrelationship between the various aspects of reality is misconstrued by humanism when the modal laws of the world are absolutized, and a single aspect is made the basic denominator of reality. The neo-Augustinian philosophy of Dooyeweerd recognizes the priority of faith and would unmask the alleged neutrality of theoretical reason as a dogma concealing the religious foundations of theoretical thought. The Archimedean point of Dooyeweerd's philosophy is not cogito ergo sum, nor vivo in [luxu continuo, etiam cogitans, but it is rather: Ego, in Christo regeneratus, etiam cogitans ex Christo vivo. The heart in its Biblical sense is the religious root and center of human existence... (shrink)

We argue that for theorists with a post-institutional conception of property, e.g., Rawlsians, there is no principled reason to limit the domain of distributive justice to tax and transfer-both tax policy and the rules of the private law are constructed in service to distributive aims. Such theorists cannot maintain a commitment to a normative conception of private law independent of their overarching distributive principles. In contrast, theorists with a pre-institutional conception of property can derive the private law from sectors of (...) morality independent of distributive justice. Nevertheless, we argue, this does not entail that the private law, for pre-institutional theorists, must be sanitized of equity-oriented values. Non-libertarian pre-institutional theorists holding principled commitments to equity-oriented values are free to invoke either tax and transfer or the rules of the private law to attain them. Footnotesa We are grateful to John G. Bennett, Harry Dolan, Edward McCaffery, and Ellen Frankel Paul for written comments on a previous draft and to Eric Mack, Fred Miller, Jeffrey Paul, A. John Simmons, and the other contributors to this volume for valuable discussions. (shrink)

The Allison Commission focused attention on the administration of the scientific bureaux and its relation to the jurisdictional system in the Congress. The commission also had a more considerable influence on congressional policy towards the scientific bureaux than was previously thought. Legislative recommendations offered by the Allison Commission became law, even if they avoided the notice of congressional opponents through the strategic manipulation of the appropriations process. Hilary Herbert was not a crude enemy of science, but a staunch defender of (...) the obligations of Congress to scrutinise the expenditure of funds it allocated.This detailed political history of the Allison Commission is a necessary part of any history of American science policy. William Boyd Allison and Hilary Herbert were, no less than scientists like Powell, initiators of a tradition which has continued to be important in American governmental science policy.The form of the special committee devoted to scientific issues was initiated by the Allison Commission. It prefigured more recent and familiar congressional inquiries like the Joint Committee on Atomic Energy, the Government Operations Committee under Representative Fountain, the House Science Policy Task Force, and the Energy and Commerce Committee under Representative Dingell. The attentiveness to details like pay, printing, food and morale—as small but manageable parts of the larger enterprise—foreshadows more contemporary inquiries into the details of the procedures for awarding grants and contracts and the assurances of financial and scientific integrity. The mechanisms of control applied to governmental science by the Allison Commission—particularly itemised appropriations, but also control over personnel through promotions and control of bureaucratic organisation by virtue of congressional rather than disciplinary organisation—stand as early examples of how Congress may continue to exert its constitutional authority to scrutinise an innovative and entrepreneurial scientific community. (shrink)

Shared decision-making has become a new focus of health policy. Though its core elements are largely agreed upon, there is little consensus regarding which outcomes to prioritize for policy-mandated shared decision-making.

We report on the deliberations of an interdisciplinary group of experts in science, law, and philosophy who convened to discuss novel ethical and policy challenges in stem cell research. In this report we discuss the ethical and policy implications of safety concerns in the transition from basic laboratory research to clinical applications of cell-based therapies derived from stem cells. Although many features of this transition from lab to clinic are common to other therapies, three aspects of stem cell biology pose (...) unique challenges. First, tension regarding the use of human embryos may complicate the scientific development of safe and effective cell lines. Second, because human stem cells were not developed in the laboratory until 1998, few safety questions relating to human applications have been addressed in animal research. Third, preclinical and clinical testing of biologic agents, particularly those as inherently complex as mammalian cells, present formidable challenges, such as the need to develop suitable standardized assays and the difficulty of selecting appropriate patient populations for early phase trials. We recommend that scientists, policy makers, and the public discuss these issues responsibly, and further, that a national advisory committee to oversee human trials of cell therapies be established. **NB we did not reccommend a NAC, we think it might be appropriate**. (shrink)

Authorising euthanasia and assisted suicide with advance euthanasia directives is permitted, yet debated, in the Netherlands. We focus on a recent controversial case in which a Dutch woman with Alzheimer’s disease was euthanised based on her AED. A Dutch euthanasia review committee found that the physician performing the euthanasia failed to follow due care requirements for euthanasia and assisted suicide. This case is notable because it is the first case to trigger a criminal investigation since the 2002 Dutch euthanasia law (...) was enacted. Thus far, only brief descriptions of the case have been reported in English language journals and media. We provide a detailed description of the case, review the main challenges of preparing and applying AEDs for persons with dementia and briefly assess the adequacy of the current oversight system governing AEDs. (shrink)

Americans have an ambivalent relationship to guns. The debate over the role of guns and gun regulations in American society tends to be acrimonious and misinformed.

Despite the supreme political and economic significance of boundaries--and ongoing challenges to existing national boundaries--scant attention has been paid to their ethics. This volume explores how diverse ethical traditions understand the political and property rights reflected in territorial and jurisdictional boundaries. It is the first book to bring together thinkers from a range of traditions, both religious and secular, to discuss the ethics of boundaries. Each contributor represents a tradition's views on questions surrounding the use of boundaries to delimit property (...) and political rights. What does it mean to own something? What resources should not be privately owned? What justifies the erection of political boundaries between one people and another? How ''hard'' should such boundaries be? What rights extend to minorities within a state? Should territorial boundaries coincide with social ones? Does national autonomy have an ethical basis, or is it an aspect of modern power politics? Should we aim for a more inclusive community than that afforded by modern nation-states? Cross-chapter dialogue and a substantive conclusion draw out similarities and differences among the traditions represented, traditions that include Christianity, classical liberalism, Confucianism, international law, Islam, Judaism, liberal egalitarianism, and natural law. In addition to the editors, the contributors are Nigel Biggar, Joseph Boyle, Joseph Chan, Russell Hardin, Will Kymlicka, Loren Lomasky, Robert McCorquodale, Richard B. Miller, David Novak, Sulayman Nyang, Michael Nylan, Raul C. Pangalangan, Daniel Philpott, Jeremy Rabkin, Hillel Steiner, M. Raquibuz Zaman, and Noam J. Zohar. (shrink)

The paper by Susan M. Wolf and Jeffrey P. Kahn published in this issue of the Journal of Law, Medicine & Ethics notes that we are members of the Working Group on Genetic Testing in Disability Insurance and that the members of the Working Group do not necessarily subscribe to its recommendations. Although we agree with some of Wolf and Kahn's recommendations, we do not agree with recommendations 1, 3, 4, and 5 for individual disability insurance and recommendations 1, 2, (...) and 3 for group disability insurance. We use this paper to delineate our areas of disagreement, but we do not discuss areas such as employment law as they are not our areas of expertise.First, understanding our roles on the Working Group is important. As members, we provided technical expertise on disability insurance. Our input to the Working Group represents our individual opinions. (shrink)

As members of the Working Group on Genetic Testing in Disability Insurance, the authors of this alternative opinion describe their areas of disagreement with some of the conclusions in the paper written by Susan M. Wolf and Jeffrey P. Kahn.

The Darwinian concept of natural selection was conceived within a set of Newtonian background assumptions about systems dynamics. Mendelian genetics at first did not sit well with the gradualist assumptions of the Darwinian theory. Eventually, however, Mendelism and Darwinism were fused by reformulating natural selection in statistical terms. This reflected a shift to a more probabilistic set of background assumptions based upon Boltzmannian systems dynamics. Recent developments in molecular genetics and paleontology have put pressure on Darwinism once again. Current work (...) on self-organizing systems may provide a stimulus not only for increased problem solving within the Darwinian tradition, especially with respect to origins of life, developmental genetics, phylogenetic pattern, and energy-flow ecology, but for deeper understanding of the very phenomenon of natural selection itself. Since self-organizational phenomena depend deeply on stochastic processes, self-organizational systems dynamics advance the probability revolution. In our view, natural selection is an emergent phenomenon of physical and chemical selection. These developments suggest that natural selection may be grounded in physical law more deeply than is allowed by advocates of the autonomy of biology, while still making it possible to deny, with autonomists, that evolutionary explanations can be modeled in terms of a deductive relationship between laws and cases. We explore the relationship between, chance, self-organization, and selection as sources of order in biological systems in order to make these points. (shrink)

Modern physics, which had its beginnings in the inclined-plane experiments of Galileo, deals with the measurable aspects of the world about us. The laws and definitions of classical physics are, at least superficially, differential equations in which each variable represents the result of a particular kind of measurement. These variables are usually called physical quantites. Starting from a few general laws and definitions we can derive formally further relations between the physical quantities and their rates of change in space and (...) time. If the original definitions are self-consistent and the original laws accurate, the relations we derive from them should enable us to predict what the numerical result of a certain measurement will be whenever certain other measurements have yielded specified numerical results. (shrink)

George, B. J. Jr. The evolving law of abortion.--Guttmacher, A. F. The genesis of liberalized abortion in New York: a personal insight.--Callahan, D. Abortion: some ethical issues.--Jakobovits, I. Jewish views on abortion.--Drinan, R. F. The inviolability of the right to be born.--Schwartz, R. A. Abortion on request: the psychiatric implications.--Fleck, S. A psychiatrist's views on abortion.--Niswander, K. R. Abortion practices in the United States: a medical viewpoint.--Macintyre, M. N. Genetic risk, prenatal diagnosis, and selective abortion.--Messerman, G. A. Abortion counselling: shall (...) women be permitted to know?--Pilpel, H. F. and Zuckerman, R. J. Abortion and the rights of minors. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by policymakers and (...) practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.One expert's framing of the mission of public health may help improve understanding of the range of hazards for which to be legally prepared. These hazards include urgent realities — such as chronic disease, injury, disabilities, conventional communicable diseases, and an aging and obese population — and urgent threats, such as pandemic influenza, natural disasters, and terrorism. (shrink)

This paper is one of the four interrelated action agenda papers resulting from the National Summit on Public Health Legal Preparedness convened in June 2007 by the Centers for Disease Control and Prevention and multi-disciplinary partners. Each of the action agenda papers deals with one of the four core elements of legal preparedness: laws and legal authorities; competency in using those laws; coordination of law-based public health actions; and information. Options presented in this paper are for consideration by policymakers and (...) practitioners — in all jurisdictions and all relevant sectors and disciplines — with responsibilities for all-hazards emergency preparedness.One expert's framing of the mission of public health may help improve understanding of the range of hazards for which to be legally prepared. These hazards include urgent realities — such as chronic disease, injury, disabilities, conventional communicable diseases, and an aging and obese population — and urgent threats, such as pandemic influenza, natural disasters, and terrorism. (shrink)

Too many patients are injured in the course of care. Clinicians may mistakenly cause new harm to a patient or fail to take established steps to improve the presenting condition. Medical institutions within which they work may lack mechanisms to reduce errors or prevent them from harming patients. Many, perhaps even most, injuries are preventable, probably numbering in the hundreds of thousands a year for hospital care alone. Long ignored by medical practitioners and health-care payers and little appreciated by the (...) public, the problem of medical injury is finally receiving high-level policy attention. Much credit goes to the Institute of Medicine for its landmark report of November 1999, which marshaled the evidence about medical injuries and highlighted new approaches to systematic improvement of safety within systems of care. (shrink)

Too many patients are injured in the course of care. Clinicians may mistakenly cause new harm to a patient or fail to take established steps to improve the presenting condition. Medical institutions within which they work may lack mechanisms to reduce errors or prevent them from harming patients. Many, perhaps even most, injuries are preventable, probably numbering in the hundreds of thousands a year for hospital care alone. Long ignored by medical practitioners and health-care payers and little appreciated by the (...) public, the problem of medical injury is finally receiving high-level policy attention. Much credit goes to the Institute of Medicine for its landmark report of November 1999, which marshaled the evidence about medical injuries and highlighted new approaches to systematic improvement of safety within systems of care. (shrink)

This is the first sustained, whole-Bible treatment on the theme of meeting God face to face. Starting with Genesis and ending with Revelation, the author systematically covers the major events in salvation history, all of which reveal the beauty of encountering God's grace in abundance.

The article discusses the link between freedom, crime and punishment. According to some theorists, crime does not only cause a person to have less freedom; it constitutes, _in and of itself_, a breach of the freedom of others. Punishment does not only cause people to have more freedom, for instance by preventing crimes; it constitutes, _in and of itself_, respect for mutual freedom. If the latter claims are true, crime and punishment must have certain _meanings_ that make them denials/affirmations of (...) freedom irrespective of their consequences. My aim is to show that such an immanent connection between crime/punishment and freedom exists. I do so by explicating the “natural meaning” of crime and punishment. This way of addressing the topic is inspired by Jean Hampton’s use of H. P. Grice’s concept of natural meaning. Expanding on Hampton’s theory, drawing on both H. L. A. Hart and Kant, I argue that crime has the natural meaning of denying freedom, and punishment has the natural meaning of affirming freedom. The paper presents an ideal theory, not a justification for actual criminal justice practices, which in most countries unfortunately fail to instantiate the value of mutual freedom. (shrink)

The Long Arc of Legality breaks the current deadlock in philosophy of law between legal positivism and natural law by showing that any understanding of law as a matter of authority must account for the interaction of enacted law with fundamental principles of legality. This interaction conditions law's content so that officials have the moral resources to answer the legal subject's question, 'But, how can that be law for me?' David Dyzenhaus brings Thomas Hobbes and Hans Kelsen into a (...) dialogue with H. L. A. Hart, showing that philosophy of law must work with the idea of legitimate authority and its basis in the social contract. He argues that the legality of international law and constitutional law are integral to the main tasks of philosophy of law, and that legal theory must attend both to the politics of legal space and to the way in which law provides us with a 'public conscience'. (shrink)

Frank Ramsey was the greatest of the remarkable generation of Cambridge philosophers and logicians which included G. E. Moore, Bertrand Russell, Ludwig Wittgenstein and Maynard Keynes. Before his tragically early death in 1930 at the age of twenty-six, he had done seminal work in mathematics and economics as well as in logic and philosophy. This volume, with a new and extensive introduction by D. H. Mellor, contains all Ramsey's previously published writings on philosophy and the foundations of mathematics. The latter (...) gives the definitive form and defence of the reduction of mathematics to logic undertaken in Russell and Whitehead's Principia Mathematica; the former includes the most profound and original studies of universals, truth, meaning, probability, knowledge, law and causation, all of which are still constantly referred to, and still essential reading for all serious students of these subjects. (shrink)

The article argues that the famous debate on natural and positive law between Lon Fuller and HLA Hart rests on a dispute about whether or not that something is a law provides on its own a prima facie reason for doing something.

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

Reason, egoism, and utilitarianism, by H. Sidgwick.--Is egoism reasonable? By G. E. Moore.--Ultimate principles and ethical egoism, by B. Medlin.--In defense of egoism, by J. Kalin.--Virtuous affections and self-love, by F. Hutcheson.--Our obligation to virtue, by D. Hume.--Duty and interest, by H. A. Prichard.--The natural condition of mankind and the laws of nature, by T. Hobbes.--Why should we be moral? By K. Baier.--Morality and advantage, by D. P. Gauthier.--Bibliographical essay (p. 181-184).

As traditionally conceived, the creation of a new rule of customary international law requires that states believe the law to already require the conduct specified in the rule. Distinguishing the process whereby a customary rule comes to exist from the process whereby that customary rule becomes law dissolves this chronological paradox. Creation of a customary rule requires only that states come to believe that there exists a normative standard to which they ought to adhere, not that this standard is law. (...) What makes the customary rule law is adherence by officials in the international legal system to a rule of recognition that treats custom as a source of valid law. Confusion over this distinction arises because in the international legal system the same agents whose beliefs give rise to a customary rule are the legal officials whose adherence to the rule of recognition leads them to deem that rule legally valid. The proposed solution to the chronological paradox employs H.L.A. Hart’s analysis of the concepts of law and a legal system, and in particular, the idea of a rule of recognition. Yet Hart famously denies the existence of a rule of recognition for international law. Hart’s denial rests on a failure to distinguish between the ontological and authoritative resolution functions of a rule of recognition, however. Once such a distinction is drawn, it can be argued that customary international law rests on a rule of recognition that serves the ontological function of making customary norms legal, though not the authoritative resolution function of settling disputes over the alleged legality of particular norms. (shrink)

The distinction between private immorality and public indecency plays a significant and perhaps a crucial role in H. L. A. Hart's argument in Law, Liberty, and Morality. This distinction, and the uses to which he puts it, have, however, been largely overshadowed in the ‘debate’ between Professor Hart and Lord Devlin which has centred around such ‘great’ questions as whether a shared morality is necessary for a society. I shall argue that Hart's position, in so far as it is based (...) on that distinction, is quite untenable, and that even if it were to be a possible position, it would none the less be incompatible with the sort of ‘libertarian’ view of society expressed by John Stuart Mill, whose ‘spirit’, at least, Hart believes himself to be defending. (shrink)

In this paper I explore a positivist methodological tradition in early demand theory, as exemplified by several common traits that I draw from the works of V. Pareto, H. L. Moore and H. Schultz. Assuming a current approach to explanation in the social sciences, I will discuss the building of their various explanans, showing that the three authors agreed on two distinctive methodological features: the exclusion of any causal commitment to psychology when explaining individual choice and the mandate to test (...) the truth of demand theory on aggregate data by statistical means. However, I also contend, from an epistemological point of view, that the truth of demand theory was conceived of in three different ways by our authors. Inspired by Poincaré, Pareto assumed that many different theories could account for the same data on individual choice, coming close to a kind of conventionalism -though I prefer to refer to this position as theoreticism. Moore was himself akin to Pearson's approach, which could be named descriptivist insofar as it resolved scientific laws into statistical descriptions of the data. Finally, Schultz tried to reconcile both approaches in an adequationist stance with no success, as we shall see. (shrink)

The distinction between private immorality and public indecency plays a significant and perhaps a crucial role in H. L. A. Hart's argument in Law, Liberty, and Morality. This distinction, and the uses to which he puts it, have, however, been largely overshadowed in the ‘debate’ between Professor Hart and Lord Devlin which has centred around such ‘great’ questions as whether a shared morality is necessary for a society. I shall argue that Hart's position, in so far as it is based (...) on that distinction, is quite untenable, and that even if it were to be a possible position, it would none the less be incompatible with the sort of ‘libertarian’ view of society expressed by John Stuart Mill, whose ‘spirit’, at least, Hart believes himself to be defending. (shrink)

This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.