Why is it important for people to agree on and articulate shared reasons for just laws, rather than whatever reasons they personally find compelling? What, if any, practical role does public reason play in liberal democratic politics? We argue that the practical role of public reason can be better appreciated by examining the confluence of normative and positive political theory; the former represented here by liberal social contract theory of John Rawls and others, and the latter by rational choice (...) or game theory. Citizens in a diverse society face a practical as well as a moral problem. How can they have confidence that others will reciprocate their commitment to supporting governing principles that depart from their own ideal conceptions of truth and value in order to be reasonable to all? Citizens face a practical problem of mutual assurance that public reason helps them solve, and solve as a matter of common knowledge. The solution, on both views, requires citizens’ reciprocal commitment to basing law on a system of shared reasons. Both views place public reason at the core of liberal democratic politics in conditions of diversity, and for quite similar reasons. Our argument illustrates the complementary roles of positive and values-based analysis in constitutional design. (shrink)

Take a correct sequent of formal logic, perhaps a simple logical truth, like the law of excluded middle, or something with premises, like disjunctive syllogism, but basically a claim of the form \.Γ can be empty. If you don’t like my examples, feel free to choose your own, everything I have to say should apply to those as well. Such a sequent attributes the properties of logical truth or logical consequence to a schematic sentence or argument. This paper aims to (...) answer the question of how beliefs in such attributions are justified, on both its descriptive and normative interpretations; I aim to say when we generally take ourselves to be justified in forming such beliefs, and to make it plausible that beliefs formed this way really are justified.We can ask such questions about many domains but there are special difficulties for answering them in logic. Some of the difficulties stem from the fact that logic is thought t.. (shrink)

In Mourning Becomes the Law, Gillian Rose takes us beyond the impasse of post-modernism or 'despairing rationalism withour reason'. Arguing that the post-modern search for a 'new ethics' and ironic philosophy are incoherent, she breathes new life into the debates concerning power and domination, transcendence and eternity. Mourning Becomes the Law is the philosophical counterpart to Gillian Rose's highly acclaimed memoir Love's Work. She extends similar clarity and insight to discussions of architecture, cinema, painting and poetry, through which (...) relations between the formation of the individual and the theory of justice are connected. At the heart of this reconnection lies a reflection on the significance of the Holocaust and Judaism. Mourning Becomes the Law reinvents the classical analogy of the soul, the city and the sacred. It returns philosophy, Nietzsche's 'bestowing virtue', to the pulse of our intellectual and political culture. (shrink)

This paper proves a precisification of Hume’s Law—the thesis that one cannot get an ought from an is—as an instance of a more general theorem which establishes several other philosophically interesting, though less controversial, barriers to logical consequence.

This book fundamentally challenges the radical credentials of post-structuralism. Though Derrida, Foucault and Deleuze claim to have 'deconstructed' metaphysics, their work has much in common with previous attempts to 'end' the metaphysical tradition, from Kant to Nietzshe and Heidegger, and by sociology in general. Gillian Rose shows that this anti-metaphysical writing always appears in historically specific jurisprudential terms, which themselves found and recapitulate metaphysical categories. She reconsiders post-structuralism in this light and assesses the relationship between deconstruction and the earlier (...) structuralism of Saussure and Levi-Strauss. She argues in conclusion that the choice between post-structuralist nihilism and Hegelian and Marxist dialectic is spurious. (shrink)

Traditionally many systems subjected public employees to a separate and more restrictive labour law regime than their private sector counterparts. However, these status-based restrictions were generally modified or abandoned during the 1960s and 1970s. Greater homogeneity of treatment of public and private sector workers was also subsequently reflected in employment practices in Britain and elsewhere as a product of the «marketization» of public services, a strategy which involved replacing centralized regulation by greater local determination in accordance with «business» needs. More (...) radically, the provision of some public services was removed from the public sector altogether, either by contracting out particular elements of the service or by wholesale privatization, subject to some form of regulatory regime. These changes may appear to render otiose discussion of the case for special treatment of the employment relation in public services. This article expounds the proposition that, on the contrary, public services possess distinctive qualities which necessitate regulation of the employment relationship within those services in areas beyond those covered by the general law, and aims to provide a framework within which the justification for specific additional measures can be assessed. The article also considers the further questions which need to be addressed if the framework it proposes is accepted, including, in particular, the appropriate mechanisms for imposing and enforcing regulation. (shrink)

ABSTRACTThis paper examines the scope of John Rawls's theory of liberty. It first develops an account of how this theory, which Rawls presents in largely abstract terms, applies in specific cases. It then argues that this account reveals that the scope of Rawls's theory of liberty is surprisingly narrow and that it does not include such seemingly obvious liberal rights as the freedom to engage in the sexual behavior of one's choice or to have access to pornography.

The right to active participation by disabled people in academic research has been discussed at length in recent years, along with the potential for such research to function as a tool in challenging oppression and pursuing disability rights. Significant ethical, legal and methodological dilemmas arise, however, in circumstances where a disabled person loses the capacity to provide informed consent to such participation. In this article, I consider disability politics and academic research in the context of the Mental Capacity Act 2005, (...) which sets out in Anglo-Welsh law the circumstances and requirements for research participation by individuals lacking the capacity to provide informed consent. Drawing on my own perspective on research participation in relation to physical and psychosocial disability, I consider the implications of my potential future loss of capacity for my right to participate in disability-related research. I examine the barriers to such participation and suggest that partial solutions may be found in the advance decision-making and advance care-planning frameworks of the MCA 2005 and related policy, but that current legislative and policy frameworks nevertheless still curtail my rights with regard to research participation on loss of capacity to consent. In so doing, I seek to provoke debate concerning what this legislative provision means for the disability rights movement, and the possibilities and challenges it presents to the movement’s commitment to ‘nothing about us without us’. (shrink)

Nancy Cartwright's 1983 book How the Laws of Physics Lie argued that theories of physics often make use of idealisations, and that as a result many of these theories were not true. The present paper looks at idealisation in logic and argues that, at least sometimes, the laws of logic fail to be true. That might be taken as a kind of skepticism, but I argue rather that idealisation is a legitimate tool in logic, just as in physics, (...) and recognising this frees logicians up to use false laws where these are helpful. (shrink)

There is much current and growing interest in theorizing about global justice. Contemporary events in the world probably account for most of this, but if any philosophical text can be identified as igniting theorists' relatively newly found interest, it must be John Rawls's influential book, The Law of Peoples . There is a lively debate between critics and advocates of Rawls's approach, and much theorizing about global justice is framed in terms of that exchange. Because of its enormous influence in (...) shaping the terms of discussion, familiarity with this work is important for being able to participate in the current theoretical conversations about global justice. In this article I examine that debate and assess the state of play. I briefly outline the central themes of Law of Peoples in section 2 and criticism these ideas attracted in 3. In section 4 I cover some defenses of Rawls's account. In section 5, I assess the state of play and implications for debates about global justice. (shrink)

The Broken Middle offers a startlingly original rethinking of the modern philosophical tradition and fundamentally rejects the anti-philosophy and anti-theory of post-modernity. Extending across the disciplines from philosophy to theology, Judaica, law, social and political theory, literary criticism, feminism and architecture, this book stakes itself on a renewed potential for sustained critique. Against the grain of much contemporary thought, this work of criticism offers the reader a way beyond the spurious alternatives of "totalization" or acknowledgement of the "other". The Broken (...) Middle expounds the phenomenology of the diremption of law and ethics. By reconstructing the suppressed political history of modernity, it shows that contemporary thought belongs to a tradition which has become ancient. Following this drama in the configuration of anxiety of beginning, equivocation of the ethical, and agon of authorship, the logos opens out of the pathos of the concept. (shrink)

An argument defending the view that one cannot derive an ought from an is against the usual (suspect) counterexamples.

In a period of rapid internationalization of trade and increased labor mobility, is it relevant for nations to think about their moral obligations to others? Do national boundaries have fundamental moral significance, or do we have moral obligations to foreigners that are equal to our obligations to our compatriots? The latter position is known as cosmopolitanism, and this volume brings together a number of distinguished political philosophers and theorists to explore cosmopolitanism: what it consists in, and the positive case which (...) can be made for it. Their essays provide a comprehensive overview of both the current state of the debate and the alternative visions of cosmopolitanism with which we can move forward, and they will interest a wide range of readers in philosophy, political theory, and law. (shrink)

The formulation and proof of Hume’s Law and several related inference barrier theses.

In the tradition of Simone de Beauvoir and Julia Kristeva, Luce Irigaray is one of France's most versatile feminist critics. _Sexes and Genealogies, _a collection of lectures delivered throughout Canada and Europe, introduces her writing to a wider American audience. Irigaray's most famous work, _Speculum of the Other Woman, _prompted her expulsion from the Lacanin Ecole Freudienne because of its searing depiction of Platonic and Freudian representations of women. Now _Sexes and Genealogies _analyzes sexual difference according to what she terms (...) the double dimension of gender and ideology. Irigaray covers major issues in religion, the law, psychoanalysis, and literature, such as: the continued neglect by psychoanalysts of the sexual and gender dimensions of therapy, the urgency of female divinity for contemporary feminist movements, and a reconsideration of women's relation to the market economy. _Sexes and Genealogies _also includes Irigaray's dazzling reading of the _Oresteia, "Body Against Body: In Relation to the Mother," _now acknowleged as a feminist classic. (shrink)

This volume in honour of Miriam Griffin brings together seventeen international specialists. Their essays range from Socrates to late antiquity, with a particular focus on Cicero. Subjects covered include the Stoics and Cynics, Roman law, the formulation of imperial power, Jews and Christians, 'performance philosophy', Augustine, late Platonism, and women philosophers.

Despite its diminished importance amongst philosophers, the deductive-nomological framework is still important to contemporary behavioral scientists. Behavioral theorists operating within this framework must be careful to distinguish between nesting and chaining. Explanations are chained when the explanandum sentence of one explanation is one of the antecedent conditions of another. They are nested when one of the antecedent conditions or the explanandum sentence of one explanation is one of the covering laws of another. Confusion between nesting and chaining leads to (...) explanation nests that cannot be nomologically entrenched. They cannot, even in principle, be logically connected to laws arising from other sciences. This hazard should be particularly important for evolutionary psychologists to avoid, since many evolutionary psychologists tend to see themselves as dedicated to both nomological entrenchment and cognitive functionalist models. The hazard can be avoided if the intentional constructs of the behavioral sciences are construed not as ineffable and inaccessible antecedent conditions, but as complex, law-like patterns in behavior. (shrink)

A barrier to entailment exists if you can't get conclusions of a certain kind from premises of another. One of the most famous barriers in philosophy is Hume's Law, which says that you can't get normative conclusions from descriptive premises, or in slogan form: you can't get an ought from an is. This barrier is highly controversial, and many famous counterexamples were proposed in the last century. But there are other barriers which function almost as philosophical platitudes: no Universal conclusions (...) from Particular premises, no Future conclusions from premises about the Past, and no claims that attribute Necessity from premises that merely tell us how things happen to be in the Actual world. Barriers to Entailment proposes a unified logical account of five barriers that have played important roles in philosophy, in the process showing how to diagnose proposed counterexamples and arguing that the case for Hume's Law is as strong as that for the platitudinous barriers. -/- The first two parts of the book employ techniques from formal logic, but present them in an accessible way, suitable for any reader with some background in first-order model theory (of the kind that might be taught in a first class in logic). Gillian Russell introduces tense, modal, indexical, and deontic formal logics, but always avoids unneeded complexity. Each barrier is connected to broader philosophical topics: universality, time, necessity, context-sensitivity, and normativity. Russell brings out under-recognised connections between the domains and lays the groundwork for further work at the intersections. -/- The last part of the book transposes the formal work to informal barrier theses in the philosophy of language, in the process doing new work on the concept of logical consequence, and providing new responses to proposed informal counterexamples to Hume's Law which employ hard-to-formalise tools from natural language, such as speech acts and thick normative expressions. (shrink)

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Matthew Lindauer, Peter Higgins, Jiewuh Song, and Ana Tanasoca have engaged thoughtfully with the work I present in _Justice for People on the Move_. I am very grateful for their insightful comments, critical remarks, observations about areas of agreement, useful suggestions for progressing important conversations, and invitations to elaborate on core issues. I cannot possibly discuss all the important issues they cover here, but in this response essay I address some of their most prominent concerns in the next four sections. (...) The first section engages with Matthew Lindauer’s critique. It covers the normative grounding for my account and its relationship with the human rights practice that I support. In the second section I discuss why legitimacy has such a prominent role in my argument, thus addressing Peter Higgins’s commentary. The third section reviews some points about the human rights practice. These clarifications help address Jiewuh Song’s and Ana Tanasoca’s queries about practical implications and strengthening implementation avenues. In the final section I cover how my contribution requirements function in judging state legitimacy. Drawing on this discussion I address points from Song’s and Tanasoca’s papers, such as epistemic challenges in assessing contributions to the legitimacy of the state system. (shrink)

My primary goals in this article are to show: first, that we can identify and justify which basic freedoms are important ones to protect in the global context; second, that we can monitor whether we are making progress with respect to whether more or fewer people are enjoying the important freedoms; third, that we can identify some key institutions that play a central role in fortifying those freedoms; fourth, that we can help build or fortify local capacity with respect to (...) protecting basic freedoms; fifth, that external support and building international institutions can play an important role in securing local capacity to protect basic liberties. The emphasis is on trying to construct local capacity to protect basic freedoms. However external support has a key role to play. I argue that protecting press freedom and building institutions of international justice play crucial roles in securing local capacity to protect basic liberties. We have obligations to support those institutions that would facilitate progress with respect to protection of basic liberties. So, for instance, we have a range of responsibilities to support press freedom in all countries, along with international efforts to bring to justice violators of basic liberties. (shrink)

John Rawls's most influential work on human rights appears in his book The Law of Peoples. There is a lively debate between critics and advocates of Rawls's approach about a number of issues, including whether Rawls endorses a particularly concise list of human rights as establishing important ground rules in international affairs, and whether he should endorse further or different candidates as belonging to the list of human rights deserving respect. In this chapter these debates are covered. The chapter offers (...) some relevant background important to orient the focused discussion on human rights. It covers a general overview of common critical responses to Rawls's position on human rights and influential responses to the criticisms. The chapter provides a detailed treatment of the function of human rights and the list question. It also identifies some areas for further reflection related to these important debates. (shrink)

abstract Apparently, there are some important tensions that must be confronted in grappling with the issue of the permissibility of humanitarian intervention. Notably, there is the tension between respecting sovereignty and responding to the plight of the needy, that is, there is tension between respecting governments’ authority and desire for non‐interference, and respecting the individuals who suffer under their leadership. I argue that these and other tensions should be resolved in favour of protecting the individuals who suffer in humanitarian crises, (...) though the way to do this defensibly requires that we put in place many safeguards against abuse. My main theoretical argument emerges from a model of global justice that I develop. I then examine recent reports on intervention and state sovereignty compiled by an inter‐national commission in order to show that consensus is building about the permissibility of military intervention to protect fundamental human rights for vulnerable populations in certain cases. Some important public policy proposals are evolving in the direction of protecting individuals over states, but there are still some important gaps that remain between what is theoretically desirable and proposals about international law. I show where some of those gaps are and how we can close them. (shrink)

In recent years, there have been a number of moral panics in Western societies about the existence of religious courts and tribunals in general and Shariah law in particular. In England and Wales, these concerns came to the fore following the 2008 lecture by the then Archbishop of Canterbury, Dr Rowan Williams, on ‘Civil Law and Religious Law in England’. In that lecture, Williams drew upon the work of the Canadian scholar Ayelet Shachar endorsing her concept of ‘transformative accommodation’. In (...) this article, we return to the work of Shachar in the light of our recent empirical study which examined the divorce jurisdiction of three religious tribunals in detail: a Jewish Beth Din; a matrimonial tribunal of the Roman Catholic Church; and a Muslim Shariah Council. We suggest that the focus upon Shachar’s concept of ‘transformative accommodation’ by Williams and subsequent commentators is unfortunate given that Shachar actually proposes ‘transformative accommodation’ as just one variant of what she refers to as ‘joint governance’ (albeit her preferred variant). We propose that the umbrella concept of ‘joint governance’ and its other variants can be developed in a way that could prove to be more useful than ‘transformative accommodation’. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

Introduction -- Gillian Rose, philosopher of law -- On dualism -- On traditionalism -- On quietism -- Metaphysics of law -- Phenomenology of law -- After transcendence.

This collection brings together prominent thinkers from numerous disciplines to address the legacy of Gillian Rose for political theology today. Rose’s work is notorious for its eclectic range, difficult style, and iconoclastic defiance of the conventions of postmodern critical theory. The theologians, religious scholars, ethicists, and theorists in this collection discuss Rose’s relationship to such topics as the Frankfurt School, social theory, feminism, literature, law, Hegel, Kant, and psychoanalysis. They situate her work within the wider context of political theology, (...) as it is understood in religious studies and continental philosophy. Though attentive to the theoretical issues raised by Rose’s work, these essays are also engage the role that work may play in political action today, examining issues such as refugee immigration in Europe, the rise of nationalism, and anticapitalist political organizing. The collection is a vital contribution to the rising body of literature on Rose and her importance to political philosophy, ethics, and theology, but it will also serve as an important orienting guide for readers new to Rose’s work and its demanding style. (shrink)

Gillian Rose was an influential though idiosyncratic British philosopher whose work helped introduce the Frankfurt School's critical theory and renew interest in Hegel, Kierkegaard, and Jewish thought in Anglo‐American philosophy. After years of relative oblivion, her life and thought have recently received new attention in philosophy, sociology, and theology. However, her work's critical Hegelian contribution to feminist philosophy still remains unexplored. This article seeks to reassess the place and the meaning of feminism and gender identity in Rose's work by (...) addressing both her philosophical writings and her personal memoir, written in the months preceding her untimely death. It argues that although Rose's overall work was not developed in a feminist context, her philosophy, and in particular her ethical‐political notion of diremption, is valuable for developing a critical feminist philosophy that overcomes the binaries of law and morality, inclusion and exclusion, power and powerlessness—and focuses on the meaning of love as negotiating, rather than mediating, these oppositions. (shrink)

The book investigates the ways in which state-centred approaches to international relations have limited our understanding of global, political, economic and cultural processes. By assessing a wide range of such state-centred work, Youngs identifies the challenges we must address to grasp the complexity of the contemporary world.

Socioeconomic gradients in health behavior are pervasive and well documented. Yet, there is little consensus on their causes. Behavioral ecological theory predicts that, if people of lower socioeconomic position (SEP) perceive greater personal extrinsic mortality risk than those of higher SEP, they should disinvest in their future health. We surveyed North American adults for reported effort in looking after health, perceived extrinsic and intrinsic mortality risks, and measures of SEP. We examined the relationships between these variables and found that lower (...) subjective SEP predicted lower reported health effort. Lower subjective SEP was also associated with higher perceived extrinsic mortality risk, which in turn predicted lower reported health effort. The effect of subjective SEP on reported health effort was completely mediated by perceived extrinsic mortality risk. Our findings indicate that perceived extrinsic mortality risk may be a key factor underlying SEP gradients in motivation to invest in future health. (shrink)

As global business operations expand, managers need more knowledge of foreign cultures, in particular, information on the ethics of doing business across borders. The purpose of this paper is twofold: to share the Islamic perspective on business ethics, little known in the west, which may stimulate further thinking and debate on the relationships between ethics and business, and to provide some knowledge of Islamic philosophy in order to help managers do business in Muslim cultures. The case of Egypt illustrates some (...) divergence between Islamic philosophy and practice in economic life. The paper concludes with managerial implications and suggestions for further research. (shrink)