The current standard interpretation of Moore’s proof assumes Moore offers a solution to Kant’s famously posed problem of an external world, which Moore quotes at the start of his 1939 lecture “Proof of an External World.” As a solution to Kant’s problem, Moore’s proof fails utterly. Similarly, a second received interpretation imputes an aim of refuting metaphysical idealism that Moore’s proof does not at all achieve. This study departs from the received interpretations to credit Moore’s stated aim for the proof (...) Moore performed in his 1939 lecture that is to impose a counter-example to an explicitly stated presupposition of Kant’s famously posed problem of an external world. The outcome would therefore subvert Kant’s problem. There is not, however, any rival external world problem that Moore commends in place of Kant’s problem. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about experimental philosophy generally, (...) one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

Comprises the Charles F. Deems Lectures delivered at New York University in 1968. Discusses the significance of the Holocaust, emphasizing theological issues, and its uniqueness in history. An authentic response to it - religious or secular - is a commitment to the autonomy and security of the State of Israel. Refers to Jewish midrash to explore the meaning and significance of the Holocaust and relates Jewish thinking about the Holocaust to Jewish thinking about earlier catastrophes. Jewish particularism remains a scandal (...) to modern secularism. Pt. 3 (p. 67-104), "The Commanding Voice of Auschwitz", states that the death of God occurs in the inward realm of the spirit alone and nowhere else. The imperative for Jews is not to flee being Jewish: "Jews are forbidden to hand Hitler posthumous victories. They are commanded to survive as Jews". (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...) should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

Excerpt from Schelling Cette ardente propagande en faveur de Fichte, tout au tant que l'appréciation de Fichte lui - mème, ont amené à désigner sous le nom de période fichtéenne l'époque de Tü bingen et de Leipzig Où Schelling écrit ses premiers trai tés de philosophie générale un accord complet avec Fichte aurait donc précédé la période suivante qui est celle de la philosophie de lanature. Pourtant de ces traités les uns, écrits a Tübingen, sont antérieurs aux études physiques de (...) Leipzig, tandis que les autres, écrits à Leipzig, sont de la mème époque que les deux premiers grands traités de philosophie de la Nature. Or Metzger a démontré récem ment par une analyse très serrée des traités de l'époque de Tübingen que l'influence de Fichte fut, dès le début, beau coup moins considérable qu'on ne le croit en général. La doctrine de Fichte reposait sur le criticisme kantien, qui est une doctrine de la connaissance etschelling, peu au courant des idées de Kant, ne se place pas au point de vue de la théorie de la connaissance pour la comprendre et la juger. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

In Professional Ethics and Civic Morals , Emile Durkheim outlined the core of his theory of morality and social rights which was to dominate his work throughout the course of his life. In Durkheim's view, sociology is a science of morals which are objective social facts, and these moral regulations form the basis of individual rights and obligations. This book is crucial to an understanding of Durkheim's sociology because it contains his much-neglected theory of the state as a moral institution, (...) and it provides an understanding of his critique of anomie and egoistic individualism. The growing interest in cultural revolution and moral regulation make this edition of Durkheim's classic work especially timely. The new preface by Bryan Turner sets the book in its intellectual and historical context, and illustrates the relevance of this work to present day debates on the state, society, and moral regulation. (shrink)

Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...) as comprising a school; in fact, these proponents have different names for their common position, which makes it hard to see the commonalities. Second, the most famous statement of the pragmatist view has received withering criticism, criticism that has not been sufficiently answered, a fact that may lead opponents of pragmatism, as well as potential supporters, to doubt that a viable view of this kind can be held. This Essay aims to serve as a corrective. (shrink)

The concept of homology arose from classical studies of comprative morphology, and took on a new signficance with the advent of evolutionary theory. It is currentlyl undergoing antoher metamorphosis: many developmental geneticists now dfine homology as shared patterns of gene expression. However, this ne usage conflaes difinition with criteri, and fails to recognize the meaninful asignments of homology must speify a biologcal level. We argue the although developmental genetic data can help identify homologus structures. they are niether necessary nor sufficient, (...) and do not in any case jutify a new definition of homology. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can (...) see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

Metaethical minimalism. sometimes called quietism, is the view that first-order moral judgments can be true but nothing makes them true. This article raises three worries for that view. First, minimalists have no good reason to insist that moral judgments can be true. Second, minimalism, in abandoning the requirement that true judgments need to have truthmakers, leads to a problematic proliferation of truths. Third, most versions of minimalism entail a disjointed and therefore unacceptable theory of language and thought.

For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...) void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

The vital status of patients who are a part of controlled donation after circulatory death (cDCD) is widely debated in bioethical literature. Opponents to currently applied cDCD protocols argue that they violate the dead donor rule, while proponents of the protocols advocate compatibility. In this article, we argue that both parties often misinterpret the moral implications of the dead donor rule. The rule as such does not require an assessment of a donor’s vital status, we contend, but rather an assessment (...) of whether procurement of organs in cDCD cause the death of the donor or not. We then argue that commonly practiced cDCD protocols do not violate the dead donor rule, since the donation does not trigger or cause the death of the donors. (shrink)

Beginning with a thought experiment about a mysterious Delphic oracle, this article motivates, explains, and attempts to defend a view it calls Ethical Pragmatism. Ethical Pragmatism is the view that we can and should carry on our practice of moral deliberation without reference to moral truths, or more broadly, without reference to metaethics. The defense the article mounts tries to show that neither suspicions about the tenability of fact-value distinctions, nor doubts about the viability of global pragmatism, nor worries about (...) the “force” of ethical injunctions without reference to moral truths constitute good reason to reject Ethical Pragmatism. (shrink)

Little attention is given to Richard Rorty’s metaethical views. No doubt this stems from the fact that most commentators are more interested in his metaphilosophical views; most see his metaethical views, offered in scattered passages, as just the downstream runoff from higher-level reflection. This article considers Rorty’s metaethics on their own merits, quite apart from whether his global picture works. I ultimately argue that Rorty’s metaethical outlook is attractive but beset by internal difficulties. Specifically, I contend that Rorty does not (...) and cannot remain faithful to the methodological approach to metaethics for which he advocates. At the paper’s close, I gesture at a nearby methodological approach that best approximates Rorty’s metaethical methodology. (shrink)

It has been argued that Hume's denial of infinite divisibility entails the falsity of most of the familiar theorems of Euclidean geometry, including the Pythagorean theorem and the bisection theorem. I argue that Hume's thesis that there are indivisibles is not incompatible with the Pythagorean theorem and other central theorems of Euclidean geometry, but only with those theorems that deal with matters of minuteness. The key to understanding Hume's view of geometry is the distinction he draws between a precise and (...) an imprecise standard of equality in extension. Hume's project is different from the attempt made by Berkeley in some of his later writings to save Euclidean geometry. Unlike Berkeley, who interprets the theorems of Euclidean geometry as false albeit useful approximations of geometrical facts, Hume is able to save most of the central theorems as true. (shrink)

David Lewis argued that Newcomb’s Problem and the Prisoner’s Dilemma are “one and the same problem” or, to be more precise, that the Prisoner’s Dilemma is nothing else than “two Newcomb problems side by side” (Lewis Philosophy and Public Affairs 8:235–240, 1979 : 235). It has been objected that his argument fails to take into account certain epistemic asymmetries which undermine the one-problem thesis. Sobel ( 1985 ) acknowledges that many tokens satisfy the structural requirements of both problems, while questioning (...) the generality of the thesis. Bermúdez (Analysis 73:423–429, 2013 ), on the other hand, argues that there is a deeper structural conflict between the two problems in the sense that the epistemic requirements that give Newcomb’s Problem its force are precisely those that prevent it from being a Prisoner’s Dilemma. I argue that the epistemic asymmetry objections raised by Sobel and Bermúdez fail to undermine the one-problem thesis. A different type of objection raised by Bermúdez, one which relies on the contrast between parametric and strategic choices, fares no better. Although NP is a problem that has been primarily studied for its implications to decision theory, it contains enough game theoretic elements to justify the claim that a juxtaposition of two such problems can be thought of as a strategic game. (shrink)

It has been argued that there is a genuine conflict between the views of geometry defended by Hume in the Treatise and in the Enquiry: while the former work attributes to geometry a different status from that of arithmetic and algebra, the latter attempts to restore its status as an exact and certain science. A closer reading of Hume shows that, in fact, there is no conflict between the two works with respect to geometry. The key to understanding Hume's view (...) of geometry is the distinction he draws between two standards of equality in extension. (shrink)

Dans ce classique de la sociologie de la connaissance, Durkheim et Mauss ne s'attaquent à rien de moins qu'au projet de réécrire la table kantienne des catégories : la maîtrise des jugements logiques qu'ils rendent possibles ne sont pas le fruit des seules forces de l'individu, mais ont une origine sociale. Cette hypothèse, ils la testent sur les concepts de genres et d'espèces, et plus généralement sur l'activité scientifique de classes. Ils entendent ainsi établir qu'en Amérique du Nord et chez (...) les Aborigènes d'Australie, tout autant que dans le système divinatoire chinois, stratification sociale et genres naturels primitifs se font écho ; on ne saurait classer les choses sans appartenir à des sociétés structurées. On comprend le profit à tirer de ce constat pour mieux appréhender les activités scientifiques modernes. (shrink)

Ronald Dworkin and Richard Rorty are sometimes thought to be diametrically opposed philosophers, particularly in their approach to foundational questions in moral thought. Dworkin is a champion of truth and objectivity in morality. Rorty, by contrast, is a great pragmatist who subscribed to a deflated vision of truth and unambiguously renounced objectivity, in favor of what he called “solidarity”. If their stated -isms and alliances were not evidence enough of discord, they also criticized one another in print, particularly on these (...) foundational, or metaethical, questions. The point of this chapter is to show that things are not what they seem: Rorty and Dworkin largely agree on metaethics. The difference between them is largely a difference in emphasis. (shrink)

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...) punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. My account is (...) that police are not under control of the state in their interactions with Blacks. (shrink)

There is renewed interest in how the different body plans of extant phyla are related. This question has traditionally been addressed by comparisons between vertebrates and Drosophila. Fortunately, there is now increasing emphasis on animals representing other phyla. Pentamerally symmetric echinoderms are a bilaterian metazoan phylum whose members exhibit secondarily derived radial symmetry. Precisely how their radially symmetric body plan originated from a bilaterally symmetric ancestor is unkown, however, two recent papers address this subject. Peterson et al.(1) propose a hypothesis (...) on evolution of the anteroposterior axis in echinoderms, and Arenas-Mena et al.(2) examine expression of five posterior Hox genes during development of the adult sea urchin. BioEssays 23:211–214, 2001. © 2001 John Wiley & Sons, Inc. (shrink)

" -- Franklin H. Littell In To Mend the World Emil L. Fackenheim points the way to Judaism's renewal in a world and an age in which all of our notions -- about ...

Scattered skeptical remarks and a general austerity that infused his writings have given Justice Oliver Wendell Holmes a reputation as some type of nihilist. Noted commentators such as Richard Posner and Albert Alschuler have claimed as much. This article seeks to correct this misunderstanding. Holmes was not a nihilist in the sense of being melancholy due to a belief that the world has no absolute moral values or gods. Instead, Holmes was a pragmatist in the spirit of William James and (...) John Dewey. While Holmes had doubts about moral truth and deities, he ultimately thought that their existence (or non-existence) should have no bearing on our behavior or the law. We must, through our collective efforts, find values that work for us. (shrink)

D’Aquino et al. (J Symb Log 75(1):1–11, 2010) have recently shown that every real-closed field with an integer part satisfying the arithmetic theory IΣ4 is recursively saturated, and that this theorem fails if IΣ4 is replaced by IΔ0. We prove that the theorem holds if IΣ4 is replaced by weak subtheories of Buss’ bounded arithmetic: PV or $${\Sigma^b_1-IND^{|x|_k}}$$. It also holds for IΔ0 (and even its subtheory IE 2) under a rather mild assumption on cofinality. On the other hand, it (...) fails for the extension of IOpen by an axiom expressing the Bézout property, even under the same assumption on cofinality. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. On (...) Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

Comprehending the origin of marine invertebrate larvae remains a key domain of research for evolutionary biologists, including the repeated origin of direct developmental modes in echinoids. In order to address the latter question, we surveyed existing evidence on relationships of homology between the ectoderm territories of two closely related sea urchin species in the genus Heliocidaris that differ in their developmental mode. Additionally, we explored a recently articulated idea about homology called ‘organizational homology’ (Muller 2003. In: Muller GB, Newman SA, (...) editors. Origination of organismal form: beyond the gene in developmental and evolutionary biology. Cambridge, MA: A Bradford Book, The MIT Press. p 51–69. ) in the context of this specific empirical case study. Applying the perspective of organizational homology to our experimental system of congeneric echinoids has led us to a new hypothesis concerning the ectoderm evolution in these species. The extravestibular ectoderm of the direct developer Heliocidaris erythrogramma is a novel developmental territory that arose as a fusion of the oral and aboral ectoderm territories found in indirect developing echinoids such as Heliocidaris tuberculata. This hypothesis instantiates a theoretical principle concerning the origin of developmental modules, ‘integration’, which has been neglected because the opposite theoretical principle, ‘parcellation’, is more readily observable in events such as gene duplication and divergence (Wagner 1996. Am Zool 36:36–43). J. Exp. Zool. (Mol. Dev. Evol.) 306B:18– 34, 2006. (shrink)

In a recent paper, Thomas Carnes develops a novel argument for reparations for historical injustices. This Reply shows that Carnes succeeds only at the cost of invoking an implausible formalism. The Reply also presents in brief a simpler argument for reparations.

t. 1. Les notions au programme : séries ABCDEFG et CI, la dissertation : méthodologie et exemple, l'exercice sur texte : définition et exemple, l'histoire des philosophes au programme.

In Beyond the Limits of Thought [2002], Graham Priest argues that logical and semantic paradoxes have the same underlying structure (which he calls the Inclosure Schema ). He also argues that, in conjunction with the Principle of Uniform Solution (same kind of paradox, same kind of solution), this is sufficient to 'sink virtually all orthodox solutions to the paradoxes', because the orthodox solutions to the paradoxes are not uniform. I argue that Priest fails to provide a non-question-begging method to 'sink (...) virtually all orthodox solutions', and that the Inclosure Schema cannot be the structure that underlies the Liar paradox. Moreover, Ramsey was right in thinking that logical and semantic paradoxes are paradoxes of different kinds. (shrink)

Timothy Michael Fowler has argued that, as a consequence of their commitment to neutrality in regard to comprehensive doctrines, political liberals face a dilemma. In essence, the dilemma for political liberals is that either they have to give up their commitment to neutrality (which is an indispensible part of their view), or they have to allow harm to children. Fowler’s case for this dilemma depends on ascribing to political liberals a view which grants parents a great degree of freedom in (...) deciding on the education of their children. I show that ascribing this view to political liberals rests upon a misinterpretation of political liberalism. Since political liberals have access to reasons based upon the interests of children, they need not yield to parent’s wishes about the education of their children. A correct understanding of political liberalism thus shows that political liberals do not face the dilemma envisaged by Fowler. (shrink)