Cyberspace, a term popularized in the 1984 novel Neuromancer, was used by William Gibson to describe the ‘consensual hallucination’ and interstitial online world that lies between the reality of our world and that of the surreal terrain of dreamscapes. While many attempts have been made to describe this intangible, yet seemingly perceptible space, the digital domain as a metaphor mirrors in many ways our own inadequate understanding of consciousness. Conversely, the physicist Michio Kaku explains that our reality is bounded by (...) hyperspace – a multi-dimensioned space beyond our quotidian 3D existence that runs parallel, or tangential, to us along with the phenomenon of time. Indeed, if space and time (here considered as space–time) are a consolidated whole in the physical sense, perhaps our consciousness, as a structure manifest within this continuum may itself be thought of as a sensorial projection of this amalgam that attempts to observe and make sense, or meaning, of this condition. In truth, what if our need and delight in storytelling is driven by the evolution of our biology, as well as our impulse to locate our place in the universe? This article will attempt to examine and delimit the narrative confines of space–time as an appeal to, and an endeavour at, uncovering the alterity of storytelling as a function of consciousness. It will visit the realms of the holograph, quantum mechanics, virtual and augmented realities, as well as other scientific and philosophical tracts as a means to investigate and explore the physiology of space and our imperative desire to share stories. (shrink)

Language & Logic -- Glossary -- Aristotle's syllogisms -- Russell's paradox & Frege's logicism -- profile: Aristotle -- Russell's theory of description -- Frege's puzzle -- Gödel's theorem -- Epimenides' liar paradox -- Eubulides' heap -- Science & Epistemology -- Glossary -- I think therefore I am -- Gettier's counter example -- profile: Karl Popper -- The brain in a vat -- Hume's problem of induction -- Goodman's gruesome riddle -- Popper's conjectures & refutations -- Kuhn's scientific revolutions -- Mind (...) & Metaphysics -- Glossary -- Descartes mind-body problem -- Brentano's intentionality -- Fodor's language of thought -- Parfit's persons -- profile: René Descartes -- Chalmer's zombies -- Zeno's paradoxes -- Kant's left hand -- Theseus' ship -- Laplace's demon, determinism, & free will -- Ryle's ghost in the machine -- Ethics & Political Philosophy -- Glossary -- Aristotle's ethics -- States of nature and the social contract -- Kant's categorical imperative -- profile: Immanuel Kant -- Mill's utilitarianism -- Marx's historical materialism -- The trolley problem -- Religion -- Glossary -- Aquinas' five ways -- Anselm's ontological argument -- profile: Thomas Aquinas -- Epicurus' riddle -- Paley's watchmaker -- Pascal's wager -- Hume against miracles -- Grand Moments -- Glossary -- Socrates' method -- Plato's cave -- Aristotle's four causes -- Lucretius' atomism -- profile: Ludwig Wittgenstein -- Berkeley's idealism -- Kant's synthetic a priori -- Hegel's dialectic -- James' pragmatism -- Moore's common sense -- Wittgenstein's picture theory of language -- Continental Philosophy -- Glossary -- Nietzsche's Superman -- profile: Friedrich Nietzsche -- Derrida's deconstruction -- Heidegger's nothing -- Sartre's bad faith. (shrink)

If there is a second dimension of time – a so-called ‘hypertime’ – is it logically possible for the past to change? Some have said yes; others have said no. I say yes provided that one has the appropriate ontological view of hypertime. So far, the ontology of hypertime has seldom been discussed. As such, this paper not only defends the logical possibility of a changing past, but aims to start a discussion on what ontological commitments are required to make (...) sense of a changing past. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Stephen Law explores how humanism uses science and reason to make sense of the world, looking at how it encourages individual moral responsibility and shows ...

Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...) the woman is insincere or self-deceived.1 The reason seems a strongly paternalistic one: because the activity is assumed to be bad, it’s thought that only someone who was in some way damaged could genuinely like it. A statement from Brian Hill, the director of a documentary about such women, illustrates this: ‘I felt certain that she couldn’t enjoy what she does, that there must be some reason why she’s undergoing this kind of experience. But there was nothing: no messed-up childhood, no sense of pain or humiliation.’ Forced to conclude that the woman in question really does enjoy her work, Hill changes his view to imply that the pleasure gained cannot be truly beneficial: ‘When I hear a young woman talking about doing videos of fisting and asphyxiation, I have to wonder what it’s doing to her – even if she says that she’s having fun.’. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Who is the 'I' that performs? The arts of the twentieth and twenty-first centuries have pushed us relentlessly to reconsider our notions of the self, expression, and communication: to ask ourselves, again and again, who we think we are and how we can speak meaningfully to one another. Although in other performing arts studies, especially of theatre, the performance of selfhood and identity continues to be a matter of lively debate in both practice and theory, the question of how a (...) sense of self is manifested through musical performance has been neglected. The authors of 'Voices, Bodies, Practices' are all musician-researchers: the book employs artistic research to explore how embodied performing "voices" can emerge from the interactions of individual performers and composers, musical materials, instruments, mediating technologies, and performance contexts. (shrink)

In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should consider (...) a domainspecific conception of objectivity for legal values. The fourth concerns whether there is a correspondence between legal values and legal facts. What is the explanation of the platitudes about the nature of law such as that law is reasongiving, normative or authoritative in character? In other words, do legal facts have a place in our 'disenchanted' or naturalistic (in the scientific sense) understanding of the world. In the final section of this paper, I evaluate naturalism and nonnaturalism in law and consider the future of the debate and its relevance for understanding the connection between law, morality and legal normativity. (shrink)

In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.

This article examines Pauline Kleingeld’s “volitional self-contradiction” (VSC) interpretation of Kant’s formula of universal law. It begins in §1 with an outline of Kleingeld’s interpretation and then proceeds in §2 to raise some worries about how the interpretation handles Kant’s egoism example. §3 considers VSC’s handling of the false promise example comparing it in §4 with the Logical/Causal Law (LCL) interpretation, which arguably does better than its VSC competitor in handling this example. §5 deploys the LCL interpretation to consider the (...) related objections that the VSC interpretation is “superfluous” or at least “misguided” as a (formal) criterion of the permissibility of action on a maxim. These objections, it is argued, help reveal two distinct roles for contradictions in Kant’s applications of the formula of universal law – one for delivering moral judgments and one reflective of a formal coherence constraint on all deliberation having psychological significance for agents who contemplate violating duty. Disentangling these helps reveal some of the complexity in the use to which Kant puts the formula of universal law in his sample applications revealing the true significance of what Kleingeld refers to as volitional self-contradiction. In §6 is summary. (shrink)

Günther’s book demonstrates that most objections to moral and legal principles are directed not against the validity of principles but against the manner of their application. If one distinguishes between the justification of a principle and its appropriate application, then the claim that the application of the principle in each individual case follows automatically from its universal justification proves to be a misunderstanding. Günther develops this distinction with the help of Habermas’s discourse theory of morality. He then employs it to (...) extend Kohlberg’s theory of moral development and to defend this against Gilligan’s critique. In the third and fourth parts of the book, Günther shows—in debate with Hare, Dworkin, and others—how argumentation on the appropriate application of norms and principles in morality and law is possible. (shrink)

This paper offers re-assessment of Scottish Common Sense rhetoric and its relationship to pluralist practice and philosophical method. It argues that the rhetorical texts of George Campbell, Hugh Blair, and Alexander Bain can be read as a practical application of Scottish Common Sense philosophy. This offers a novel means of examining the relationship that Scottish rhetoric has to the philosophy of David Hume and also its own innovative philosophy of language. Finally, I argue that Scottish rhetoric makes a unique contribution (...) to rhetorical methodology's key place in the creation of social and moral consensus. (shrink)

Abstract.This article is written with a view to clarifying the following points: First, to understand the nature of possession, its origin must be kept in mind. Possession is not a legal invention, it is a pre‐legal fact. Second, possession whether in law or in common sense is a de facto control. There is no difference between possession in law and possession in fact. Third, different types of rules and policies of law to deal with possession, do not change the contents (...) of possession. They merely represent the situations in which possession is found under different circumstances. (shrink)

The paper challenges a widely held interpretation of Frege's conception of logic on which the constituent clauses of basic law V have the same sense. I argue against this interpretation by first carefully looking at the development of Frege's thoughts in Grundlagen with respect to the status of abstraction principles. In doing so, I put forth a new interpretation of Grundlagen §64 and Frege's idea of ‘recarving of content’. I then argue that there is strong evidence in Grundgesetze that Frege (...) did not hold the relevant sense-identity claim regarding basic law V. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Instinct of Nature: Natural Law, Synderesis, and the Moral SenseRobert A. Greene“Instinct is a great matter.”—Sir John FalstaffThis essay traces the evolution of the meaning of the expression instinctus naturae in the discussion of the natural law from Justinian’s Digest through its association with synderesis to Francis Hutcheson’s theory of the moral sense. The introduction of instinctus naturae into Ulpian’s definition of the natural law by Isidore of Seville (...) in the seventh century posed a problem of definition for medieval commentators. Some said that it meant a universal and providential natura naturans; some defined it as the urge to self and species preservation in animals, degenerating in man into sensual and shameful impulses; some advanced the humanistic and paradoxical notion that it referred to a unique exercise of human reason in coming to know the natural law. The contemporaneous revival in the twelfth century of St. Jerome’s puzzling new term “synderesis,” and its gradual definition as the immediate apprehension of the first practical moral principles of the natural law, brought the two terms into proximity and loose association.A half-century later St. Bonaventure made explicit what had remained latent in the thinking of Thomas Aquinas by relocating synderesis in the affective rather than the intellectual part of man’s nature. Accordingly the moral discoveries of synderesis came to be spoken of as not only non-discursive but instinctive in nature—apprehensions for which no reason could be given, apprehensions somehow rooted in affective human experience. During the bilingual early modern period an increasingly secularized, internalized, and reified instinctus [End Page 173] naturae, together with its abbreviated vernacular cognate, “instinct,” came to serve as a substitute and synonym for the obsolescent synderesis. Edward Herbert’s attention to instinctus naturae in his De Veritate (1624), Sir Matthew Hale’s speculations about the place of rational instinct in the natural law, and Francis Hutcheson’s theory of a moral sense all exemplify this semantic legacy.The first entry in Justinian’s Digest has had a disproportionate influence on later speculation about the natural law. It begins a chapter that gives pride of place to general definitions of justice, law, jus naturale and jus gentium, and it is drawn from the writings of the Roman jurisconsult Domitius Ulpianus (d. 223), whose work constitutes forty percent of the Digest. Ulpian defines the natural law, with insistent repetition, as that which nature has taught to, or is common to, all animals:Jus naturale is that which nature has taught to all animals; for it is not a law specific to mankind but is common to all animals—land animals, sea animals, and the birds as well. Out of this comes the union of man and woman [male and female] which we call marriage, and the procreation of children, and their rearing. So we can see that the other animals, wild beasts included, are rightly understood to be acquainted with this law. Jus gentium, the law of the nations, is that which all human peoples observe. That it is not coextensive with natural law can be grasped easily, since this latter is common to all animals whereas jus gentium is common only to human beings among themselves. 1Justinian’s compilers gave Ulpian’s definition striking prominence at the beginning of the Digest and then in the same short chapter quoted the incompatible and more traditional definitions of his contemporaries Gaius and Paulus. They confined the operation of the natural law to mankind and spoke of reason as its source. 2 The compilers had been charged to eliminate just such conflicts; yet here at the very outset they set a conundrum that perplexed commentators [End Page 174] and invited explanation from Isidore of Seville to Hugo Grotius. Their selection of quotations suggests that as lawyers they regarded such general definitions as “for legal purposes no more than ornament to discussion.” 3 For those of a more speculative bent, however, the dilemmas could not have been more fundamental. How was the natural law to be defined in relation to those appetitive and self-preservative urges that man seemed to share with animals? Or did the term law apply only... (shrink)

Both Adam Smith's epistemology and his politics head to a stalemate. The former is under the opposing pulls of an essentialist ideal of knowledge and of a pragmatist approach to the history of science. The latter still tries to provide a foundation for a natural law, while conceiving it as non-absolute and changeable. The consequences are (i) inability to complete both the political and the epistemological works projected by Smith; (ii) decentralization of the social order, giving rise to several partial (...) orders, such as that of the market. (shrink)

(1994). Moral authority in law and criminal justice: Some reflections on Wilson's The Moral Sense. Criminal Justice Ethics: Vol. 13, No. 2, pp. 44-53.

In her insightful and stimulating article, The Mind of a Moral Agent, Professor Susanna Blumenthal traces the influence of Scottish Common Sense philosophy on early American law. Among other things, Blumenthal argues that the basic model of moral agency upon which early American jurists relied, which drew heavily from Common Sense philosophers like Thomas Reid, generated certain paradoxical conclusions about legal responsibility that later generations were forced to confront. "Having cast their lot with the Common Sense philosophers in the "formative (...) era" of American law," she explains, "early republican jurists thus bequeathed to future generations of lawyers a problem of responsibility of no small proportions." In this invited comment for Law and History Review, I first argue that the problems of responsibility on which Blumenthal focuses our attention are not specific to Scottish Common Sense, but rather descend straight from the core of the Western legal and moral tradition. The same problems would arise if Common Sense philosophy had never existed. Second, even if it is true that Common Sense exerted a powerful influence on American academic life in the antebellum period, it still must be shown that this influence extended to specific features of American law, which remained at the time almost entirely the product of English common law. Blumenthal has not met this burden, however, because she does not identify any specific doctrines or judicial opinions that might support the conclusion that early American jurists "were steeped in Common Sense philosophy" or sought to construct "an indigenous legal tradition, built on the universalistic premises of Common Sense." Rather, her defense of this interesting claim is highly selective, resting mainly on the writings of Wilson and Hoffman. Third, although Blumenthal claims that there is something puzzling or paradoxical from a Common Sense perspective about the diversity of moral opinion, the existence of irrational or evil actors, or the fact that individuals often disregard the dictates of their moral sense, she does not adequately explain what exactly that paradox is, nor why Common Sense adherents should be troubled by it. Locke had made objections like these familiar as a result of his attack on innate practical principles in his Essay Concerning Human Understanding. Yet already by the eighteenth century, critics like Shaftesbury, Hutcheson, Reid, and their followers had rejected Locke's arguments as based on mere confusion and fallacy. Finally, a key point that Blumenthal neglects, as does John Witt in his elegant chapter on Wilson, is that Common Sense philosophers also supplied positive scientific arguments for innate moral knowledge, based on observation and induction rather than introspection, whose intellectual worth has proved remarkably durable. We risk misunderstanding Scottish Common Sense and its place in the history of ideas if we overlook contributions like these, or remain content to think of it merely as an unduly optimistic philosophy, which relied mainly on introspection to affirm the innate goodness of humankind, but which gave way to a more accurate theory of human nature as the nineteenth century unfolded. Certainly there is some truth to this description, but it is only part of the story, and a potentially misleading one. (shrink)

The law requires that plaintiffs in fraud cases be 'justified' in relying on a misrepresentation. I deploy the accumulated intuitions of the law to defend externalist accounts of epistemic justification and knowledge against Laurence BonJour's counterexamples involving clairvoyance. I suggest that the law can offer a well-developed model for adding a no-defeater condition to either justification or knowledge but without requiring that subjects possess positive reasons to believe in the reliability of an epistemic source.

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done by the mere (...) fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

In his extensive private manuscripts, Jeremy Bentham used same-sex male intimacy as a philosophical test-case for the full political and social enfranchisement of women, colonized and enslaved persons, and sexual nonconformists. Bentham argued that oppression in law, philosophy, religion, and literature were all based on aesthetic hierarchies that refused to acknowledge differences of taste in sensory pleasure, including sexual pleasure. In Uncommon Sense, Carrie Shanafelt reads Bentham's sexual nonconformity papers as an argument for the toleration of aesthetic difference as the (...) foundation for egalitarian liberty. Shanafelt challenges the common image of Bentham as a dehumanizing calculator or an eccentric projector, instead showing Bentham at his most intimate, outraged by injustice and desperate for the end of discriminatory violence. (shrink)

Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John ...

"Human beings are a part of nature and apart from it." The argument of Natural Law and Justice is that the philosophy of natural law and contemporary theories about the nature of justice are both efforts to make sense of the fundamental paradox of human experience: individual freedom and responsibility in a causally determined universe. Professor Weinreb restores the original understanding of natural law as a philosophy about the place of humankind in nature. He traces the natural law tradition from (...) its origins in Greek speculation through its classic Christian statement by Thomas Aquinas. He goes on to show how the social contract theorists adapted the idea of natural law to provide for political obligation in civil society and how the idea was transformed in Kant's account of human freedom. He brings the historical narrative down to the present with a discussion of the contemporary debate between natural law and legal positivism, including particularly the natural law theories of Finnis, Richards, and Dworkin. Professor Weinreb then adopts the approach of modern political philosophy to develop the idea of justice as a union of the distinct ideas of desert and entitlement. He shows liberty and equality to be the political analogues of desert and entitlement and both pairs to be the normative equivalents of freedom and cause. In this part of the book, Weinreb considers the theories of justice of Rawls and Nozick as well as the communitarian theory of Maclntyre and Sandel. The conclusion brings the debates about natural law and justice together, as parallel efforts to understand the human condition. This original contribution to legal philosophy will be especially appreciated by scholars, teachers, and students in the fields of political philosophy, legal philosophy, and the law generally. (shrink)

In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory takes up (...) and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)

Sense of Community and its Sustenance in Africa There is no gainsaying the fact that Africa is inundated with many problems which have made the development and the attainment of social order, conceived in normative terms, daunting tasks. It is also a fact that there are many causes of this scenario such as political marginalization, ethnic chauvinism, economic mismanagement, religious bigotry and corruption in its various facets. However, in this disquisition we identify the lack of the development, internalization and application (...) of the sense of community, loosely tagged community consciousness, as a major factor that has aggravated the African crisis and which if addressed can reverse the order of things positively. It is the contention of this paper that fundamentally in the case of Africa, as shown in countries like the Democratic Republic of Congo, Sudan, Cote d'Ivoire, Guinea, Liberia and Nigeria, there has been a blind pursuit of private or individual interests to the detriment of the public sphere or public good. Ironically too, when leaders put up repressive laws in the pretense to pursue the public good, the underlying motive has always been the pursuit of selfish private whims and caprices. We noted that in contemporary Africa a major way towards a desired level of social order and development consists in engendering the required sense of community (a situation in which there is mutual co-operation, interdependence and fellow-feeling) on which other developments can be predicated. Although, the quest and realization of the sense of community is not a grand solution to our myriad of problems in Africa, at least it forms the basis on which we can start to address our problems in Africa in a meaningful way. (shrink)

This article argues that Hannah Arendt’s controversial essay “Reflections on Little Rock,” when situated within her analysis of Jewish assimilation, has an astute insight: racial integration and the decrease of the racial gaps in material inequality, without taking seriously the political project of building a world in common, only intensify racism in racist polities. This occurs because attempts to extend formal equality to the racially dominated give rise to the rule of racial common sense, a result of a clash between (...) the political structures of equality and the racial inequality practiced in quotidian interracial exchanges occurring in civil society. Though Arendt’s work on racism echoes criticisms of racial integration leveled by racial realist and pessimistic accounts of the Civil Rights struggle, her work points to a more expansive practice of “the political” that calls for the institutional design of formal politics as an important strategy against racism. (shrink)

This chapter centers around law's capacity to constitute practical reasons. In discussing this theme, consideration is given to law's artifactual character. The discussion falls into two main parts. In Section 1, I critically examine a skeptical line of thought about law's capacity to constitute reasons for action, which draws, in part, on law's artifactuality. I argue for a somewhat less skeptical (but still qualified) stance, according to which the fact that a legal directive has been issued can (notwithstanding the artifactuality (...) involved) be a reason for action, yet one that is underpinned by bedrock values which (under certain conditions and constraints) law is apt to serve. In Section 2, I consider whether, and in what sense, law can acquire an even more 'robust' status as a source of practical reasons. I focus particularly on Joseph Raz's position about the normative force of (legitimate) legal authority and on an alternative position I have proposed and advocated elsewhere. (shrink)

This essay on law and religion appears in the second edition of the Blackwell Companion to Philosophy of Law and Legal Theory, edited by Dennis Patterson. It is a revision of a similar entry in the book’s first edition. The essay opens by broadly discussing the complex relationships between law and religion writ large as movements in human history – social, cultural, intellectual, and institutional phenomena with distinct but often overlapping logics and concerns. It then hones in on the efforts (...) of secular law to make sense of religion and determine its place in the civil state. The essay argues that, while the questions raised by the American Bill of Rights’ religion clauses connect in some important respects to broader constitutional principles such as free expression and equality, the most interesting and theoretically excruciating conundrums involving religion need to be approached on their own unique terms. Two useful rubrics for such understanding are “separation” and “deference.” Any honest account must also admit, however, that there is an “intractable residue,” questions in the relation of religion and law to which there simply is no determinate or completely satisfactory answer. Finally, the essay emphasizes that the full texture of the legal imagination’s effort to grapple with religion only becomes apparent in the wider range of subconstitutional and nonconstitutional contexts beyond the standard litany of constitutional discourse. (shrink)

The central aim of this paper is to use a particular view about how the laws of nature govern the evolution of our universe in order to develop and evaluate the two main competing options in the metaphysics of persistence, namely endurantism and perdurantism. We begin by motivating the view that our laws of nature dictate not only qualitative facts about the future, but also which objects will instantiate which qualitative properties. We then show that both traditional doctrines in the (...) metaphysics of persistence must take on surprising further commitments in order to vindicate our universe being law-governed in this strong sense. For example, we argue that endurantists should adopt a particular version of monism, and that perdurantists should adopt a qualitativist doctrine that dispenses with all individuals at the fundamental level. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

In The Really Hard Problem , Owen Flanagan maintains that accounting for meaning requires going beyond the resources of the physical, biological, social, and mind sciences. He notes that the religious myths and fantastical stories that once "funded" flourishing lives and made life meaningful have been epistemically discredited by science but nevertheless insists that meaning does exist and can be fully accounted for only in a form of systematic philosophical theorizing that is continuous with science and does not need to (...) invoke myth. He sees such a mode of thought as a new, empirical-normative science, which he labels eudaimonistic scientia , that evades the disenchantment produced by natural scientific accounts of meaning. I argue that such an empirical-normative science does not provide us with a scientific account of meaning but is itself simply another way of making sense of one's life that is open to scientific explanation. Such an explanation will be deflationary in the sense that it presumes no greater scheme of things for meaning beyond the span of human existence (collective and possibly individual) but not disenchanting in that it does not explain away the flourishing lives human persons and communities create for themselves. (shrink)

Important aspects of its philosophical basis, and its significance for the foundations of mathematics, appeared in The Foundations of Mathematics (FA, 1884). Six years later, at the beginning of the 1890s, Frege published three articles that mark significant changes in his conception: "Function and Concept" (FC, 1891), "On Sense and Reference" (SR, 1892) and "Concept and Object" (1892). Notable among these changes are: (a) The systematic distinction between the sense and the reference of expressions as two separate ingredients of their (...) meaning. (b) The extension and generalization of the notion of function to include the conception of concepts and relations as functions to truth-values, and the corresponding conception of the two truth-values as objects. These changes were immediately incorporated in the mature, authoritative exposition of his logic in his magnum opus: Basic Laws of Arithmetic (BL), whose first volume appeared in 1893. (shrink)

a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of deductive logic. (...) In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)