Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

Popper was also a critic of the idea that it was possible – or necessary – to give a positive response to the problem of induction. He was also a critic of many probabilistic theories of induction. He suggested that instead of seeking for a positive way of resolving the problem of induction – or, more generally, of trying to justify our claims that our ideas were true – we should, instead be concerned to make our claims open to criticism. (...) All this, and its strengths and weaknesses, have been much discussed. But it seems to me that not enough attention has been paid to what is distinctive about Popper’s work – and to the question of how it addresses our various problem-situations today. (shrink)

Conditional excluded middle (CEM) is the following principe of counterfactual logic: either, if it were the case that φ, it would be the case that ψ, or, if it were the case that φ, it would be the case that not-ψ. I will first show that CEM entails the identity of indiscernibles, the falsity of physicalism, and the failure of the modal to supervene on the categorical and of the vague to supervene on the precise. I will then argue that (...) we should accept these startling conclusions, since CEM is valid. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Shearmur draws on his years as Popper's assistant, on unpublished material in the Hoover archive, and on wider themes within Popper's philosophy to offer striking critical re-interpretations of his ethical and social theory. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

A rigorous, authoritative new anthology which brings together some of the most significant contemporary scholarship on the theory of knowledge Carefully-calibrated and judiciously-curated, this strong and contemporary new anthology builds upon Epistemology: An Anthology, Second Edition (Wiley Blackwell, 2008) by drawing a concise and well-balanced selection of higher-level readings from a large, diverse, and evolving body of research. Includes 17 readings that represent a broad and vital part of contemporary epistemology, including articles by female philosophers and emerging thought leaders Organized (...) into seven thoughtful and distinct sections, including virtue epistemology, practical reasons for belief, and epistemic dysfunctions among others Designed to sit alongside the highly-successful anthology of canonical essays, Epistemology: An Anthology, Second Edition (Wiley Blackwell, 2008) Edited by a distinguished editorial team, including Ernie Sosa, one of the most influential active epistemologists Highlights cutting edge methodologies and contemporary topics for advanced students, instructors, and researchers. (shrink)

There are two competing models for how to understand Aquinas’s hylomorphic theory of material substances: the Simple Model, according to which material substances are composed of prime matter and substantial form, and the Expanded Model, according to which material substances are composed of prime matter, substantial form, and all of their accidental forms. In this paper, I first explain the main differences between these two models and show how they situate Aquinas’s theory of material substances in two different places within (...) the contemporary debate on concrete particulars, highlighting several advantages that Aquinas’s approach has over other varieties of substratum and bundle theory along the way. I then offer some reasons to think that the Expanded Model, as a theory of concrete particulars, is preferable. I argue that the Expanded Model avoids two major concerns for the Simple Model: the problem of extrinsicality, and the problem of too-many-possessors. (shrink)

Since its founding in the nineteenth century, social anthropology has been seen as the study of exotic peoples in faraway places. But today more and more anthropologists are dedicating themselves not just to observing but to understanding and helping solve social problems wherever they occur--in international aid organizations, British TV studios, American hospitals, or racist enclaves in Eastern Europe, for example. In Exotic No More , an initiative of the Royal Anthropological Institute, some of today's most respected anthropologists demonstrate, in (...) clear, unpretentious prose, the tremendous contributions that anthropology can make to contemporary society. They cover issues ranging from fundamentalism to forced migration, child labor to crack dealing, human rights to hunger, ethnicity to environmentalism, intellectual property rights to international capitalisms. But Exotic No More is more than a litany of gloom and doom the essays also explore topics usually associated with leisure or "high" culture, including the media, visual arts, tourism, and music. Each author uses specific examples from their fieldwork to illustrate their discussions, and 62 photographs enliven the text. Throughout the book, the contributors highlight anthropology's commitment to taking people seriously on their own terms, paying close attention to what they are saying and doing, and trying to understand how they see the world and why. Sometimes this bottom-up perspective makes the strange familiar, but it can also make the familiar strange, exposing the cultural basis of seemingly "natural" behaviors and challenging us to rethink some of our most cherished ideas--about gender, "free" markets, "race," and "refugees," among many others. Contributors: William O. Beeman Philippe Bourgois John Chernoff E. Valentine Daniel Alex de Waal Judith Ennew James Fairhead Sarah Franklin Michael Gilsenan Faye Ginsburg Alma Gottlieb Christopher Hann Faye V. Harrison Richard Jenkins Melissa Leach Margaret Lock Jeremy MacClancy Jonathan Mazower Ellen Messer A. David Napier Nancy Scheper-Hughes Jane Schneider Parker Shipton Christopher B. Steiner. (shrink)

There is pragmatic encroachment on some epistemic status just in case whether a proposition has that status for a subject depends not only on the subject's epistemic position with respect to the proposition, but also on features of the subject's non-epistemic, practical environment. Discussions of pragmatic encroachment usually focus on knowledge. Here we argue that, barring infallibilism, there is pragmatic encroachment on what is arguably a more fundamental epistemic status – the status a proposition has when it is warranted enough (...) to be a reason one has for believing other things. (shrink)

In this paper, I introduce an account of aesthetic understanding. Recent discussions of aesthetic understanding have associated it with aesthetic justification and with understanding why, for example, a given object is aesthetically valuable. I introduce a notion of aesthetic understanding as a form of objectual understanding, which I refer to as ‘appreciative understanding’. Appreciative understanding is related to and partly constituted by an agent’s capacity to comprehend and experience an artwork holistically and to communicate effectively regarding its particular aesthetic character (...) and value. I then argue for the understanding account of aesthetic judgement on which the paradigmatic form of aesthetic judgement is grounded on appreciative understanding. This argument partly consists in demonstrating how the understanding account can explain the autonomy of aesthetic judgement. In closing, I explore the potential of the understanding account to explain the structure of our appreciative practices. That is, I put forward the view that our appreciative practices are structured so as to promote appreciative understanding. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

Bourdieu's academic work and his political interventions have always proved controversial, with reactions varying from passionate advocacy to savage critique. In the last decade of his career, the French sociologist Pierre Bourdieu became involved in a series of high-profile political interventions, defending the cause of striking students and workers, speaking out in the name of illegal immigrants, the homeless, and the unemployed, challenging the incursion of the market into the field of artistic and intellectual production. This new study presents the (...) first sustained critical analysis of the political implications of Bourdieu's sociology. Through a close reading of the political speeches and pronouncements of his later years, Jeremy F. Lane provides a detailed exposition both of Bourdieu's critique of neo-liberalism and of his own political position. Bourdieu's theory of politics is also brought into critical dialogue with the work of a range of other commentators of a broadly Marxist or post-Marxist orientation who have also intervened in such debates - theorists such as Stuart Hall, Ernesto Laclau and Chantal Mouffe, Judith Butler, Slavoj Zizek and Jacques Rancière. The first sustained analysis of Bourdieu's politics - this study will seek to assess the validity of his claims as to the distinctiveness and superiority of his own field theory as a tool of political analysis. It will be of great use to students, and researchers in sociology, social theory; cultural studies, French studies and political science. (shrink)

In the ‘analytic tradition’, Hans Sluga wrote thirty years ago in his book Gottlob Frege, there has been a ‘lack of interest in historical questions — even in the question of its own roots. Anti-historicism has been the baggage of the tradition since Frege’ (Sluga, 1980, p. 2). The state of the discussion of Frege among analytic philosophers, Sluga claimed, illustrated well this indifference. Despite the numbers of pages devoted to Frege, there was still, Sluga claimed, little understanding of the (...) sources of Frege’s ideas, his intellectual debts, and the historical circumstances of his thought. Sluga singled out Michael Dummett’s Frege: Philosophy of Language ‘as a paradigm for the failure of analytic philosophers to come to grips with the actual, historical Frege’. In that book, Dummett famously wrote that the logical system that Frege put forward in his 1879 Begriffsschrift ‘is astonishing because it has no predecessors: it appears to have been born from Frege’s brain unfertilized by external influences’ (Dummett, 1981a, p. xxxv) — and Dummett devoted almost none of its 700 pages to the relationship between Frege and his contemporaries. (shrink)

Introduction -- Fallibilism -- Contextualism -- Knowledge and reasons -- Justification -- Belief -- The value and importance of knowledge -- Infallibilism or pragmatic encroachment? -- Appendix I: Conflicts with bayesian decision theory? -- Appendix II: Does KJ entail infallibilism?

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Scholars have wrestled with "consciousness", a major scholar calling it the "hard problem". Some thirty-plus years after the Towards a Science of Consciousness, we do not seem to be any closer to an answer to "What is consciousness?". Seemingly irresolvable metaphysical problems are addressed by bootstrapping, provisional assumptions, not unlike those used by logicians and mathematicians. I bootstrap with the same ontology and epistemology applicable to everything we apprehend. Here, I argue for a version of the unity of opposites, a (...) form of neutral monism. Something exists because of what it is not; nothing can exist by itself, singularities (analogous to monads), expressing the model. Applying this most fundamental law to the consciousness problem, the physical (movement) comes into being simultaneously as the mental (stasis), each displayed by a field that is variegated (ranging from creative to entropic processes). Such is in keeping with how the singularity emerged as our universe, the same form that may account for sub-Planck-scale phenomena. Overall, like the most fundamental law, deep structures are imminent in our universe, both as objects and processes. (shrink)

Is there anything in the mind that was not first in the senses? According to the received view, the French empiricist Étienne Bonnot de Condillac’s answer to this was a firm “No”. Unlike Locke, who accepted the existence of innate faculties, Condillac rejected the existence of all innate structure and instinctive behaviours. Everything, therefore, is learned. In this article, I argue that from at least the writing of his 1754 Traité des sensations, this reading fails to capture the true nature (...) of his philosophy of mind. I present a genetic reading of Condillac’s philosophy that shows that from the 1750s until his death in 1780, he developed, by engaging closely with the life sciences of his day, an increasingly sophisticated understanding of the mind and perception. This understanding depends on the acceptance of the activity of the mind, innate structure, and a moderate defence of instincts—all characteristics of the mind that he is most commonly read as rejecting. Reading Condillac in this genetic way demonstrates that his philosophy of mind is much more original and powerful than has previously been recognised. (shrink)

Slurring is a kind of hate speech that has various effects. Notable among these is variable offence. Slurs vary in offence across words, uses, and the reactions of audience members. Patterns of offence aren’t adequately explained by current theories. We propose an explanation based on the unjust power imbalance that a slur seeks to achieve. Our starting observation is that in discourse participants take on discourse roles. These are typically inherited from social roles, but only exist during a discourse. A (...) slurring act is a speech-act that alters the discourse roles of the target and speaker. By assigning discourse roles the speaker unjustly changes the power balance in the dialogue. This has a variety of effects on the target and audience. We show how these notions explain all three types of offence variation. We also briefly sketch how a role and power theory can help explain silencing and appropriation. Explanatory power lies in the fact that offence is correlated with the perceived unjustness of the power imbalance created. (shrink)

Introduces history's greatest philosophers and explains their major contributions to the field of philosophy, profiling such figures as Francis Bacon, David Hume, John Stuart Mill, and Bertrand Russell.

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

INTRODUCTION Opera and film. Though these two cultural forms are not often thought of together, they have actually existed in an interesting symbiosis, ...

In recent years ever-increasing concerns about ethical dimensions of fieldwork practice have forced anthropologists and other social scientists to radically reconsider the nature, process, and outcomes of fieldwork: what should we be doing, how, for whom, and to what end? In this volume, practitioners from across anthropological disciplines-social and biological anthropology and primatology-come together to question and compare the ethical regulation of fieldwork, what is common to their practices, and what is distinctive to each discipline. Contributors probe a rich variety (...) of contemporary questions: the new, unique problems raised by conducting fieldwork online and via email; the potential dangers of primatological fieldwork for locals, primates, the environment, and the fieldworkers themselves; the problems of studying the military; and the role of ethical clearance for anthropologists involved in international health programs. The distinctive aim of this book is to develop of a transdisciplinary anthropology at the methodological, not theoretical, level. (shrink)

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (shrink)

The first part of this paper surveys the current literature in the history of nineteenth-century mathematics in order to show that the question “Did the increasing abstraction of mathematics lead to a sense of anxiety?” is a new and valid question. I argue that the mathematics of the nineteenth century is marked by a growing appreciation of error leading to a note of anxiety, hesitant at first but persistent by 1900. This mounting disquiet about so many aspects of mathematics after (...) 1850 is seldom discussed. The second part explores the issue of anxiety in mathematical life through an interesting account of an address made by a mathematician in 1911, Oscar Perron. The third and final part ventures some conclusions about the value of anxiety as a question for historians of mathematics to pursue. (shrink)

Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)

Evidentialism is the thesis that epistemic justification for belief supervenes on evidential support. However, we claim there are cases in which, even though two subjects have the same evidential support for a proposition, only one of them is justified. What make the difference are pragmatic factors, factors having to do with our cares and concerns. Our argument against evidentialism is not based on intuitions about particular cases. Rather, we aim to provide a theoretical basis for rejecting evidentialism by defending a (...) “pragmatic” necessary condition on epistemic justification. We argue for the following necessary condition for justification: S is justified in believing that p only if S is rational to prefer (and, hence, act) as if p. In light of this necessary condition, the price of evidentialism is skepticism, or something close to it. (shrink)

In this paper, I discuss two concerns for pluralist truth theories: a concern about a key detail of these theories and a concern about their viability. The detail-related concern is that pluralists have relied heavily upon the notion of a domain, but it is not transparent what they take domains to be. Since the notion of a domain has been present in philosophy for some time, it is important for many theorists, not only truth pluralists, to be clear on what (...) domains are and what work they can do. The viability-related concern is that it’s not clear how a pluralist truth theory could explain the truth-conditions of mixed atomic propositions. To address this concern, truth pluralists should recognize something to which they have not been sufficiently attentive: that some atomic propositions belong to more than one domain. But, recognizing this requires rethinking the relationships between the nature of propositions, their membership in domains, and their truth. I address these issues and propose an understanding of them that is preferable to the best existing account of them, that offered by Michael Lynch. (shrink)

Contemporary accounts of the concept of exploitation can be grouped into camps that tie the wrongness of taking advantage of another person to: (1) the unfair division of benefits resulting from an interaction; (2) excessive benefits resulting from structural injustice; and (3) a failure of respect for others’ humanity. In practice, accounts of exploitation that focus on the fairness of benefits resulting from individual transactions and, to a lesser degree, unjust social and economic institutions have dominated the applied ethics literature (...) using the concept of exploitation. However, fairness-based accounts of exploitation have a difficult time explaining a common dimension of purportedly exploitative cases in the press and academic literature—namely the absolute deprivation of and/or experience of injustice by victims of exploitation. In this paper, I argue that a respect-based account can explain how exploitation arises both from individual interactions and against a backdrop of injustice. Specifically, our connections with one another and social and economic institutions specify the duty of beneficence and political responsibility to promote just institutions. Exploitation takes place when people fail to act on these specified obligations in favor of their own benefit. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

Functionalism about truth, or alethic functionalism, is one of our most promising approaches to the study of truth. In this chapter, I chart a course for functionalist inquiry that centrally involves the empirical study of ordinary thought about truth. In doing so, I review some existing empirical data on the ways in which we think about truth and offer suggestions for future work on this issue. I also argue that some of our data lend support to two kinds of pluralism (...) regarding ordinary thought about truth. These pluralist views, as I show, can be straightforwardly integrated into the broader functionalist framework. The main result of this integration is that some unexplored metaphysical views about truth become visible. To close the chapter, I briefly respond to one of the most serious objections to functionalism, due to Cory Wright. (shrink)

The philosophy of evidence-based medicine -- What is EBM? -- What is good evidence for a clinical decision? -- Ruling out plausible rival hypotheses and confounding factors : a method -- Resolving the paradox of effectiveness : when do observational studies offer the same degree of evidential support as randomized trials? -- Questioning double blinding as a universal methodological virtue of clinical trials : resolving the Philip's paradox -- Placebo controls : problematic and misleading baseline measures of effectiveness -- Questioning (...) the methodological superiority of "placebo" over "active" controlled trials -- Examining the paradox that traditional roles for mechanistic reasoning and expert -- Judgment have been up-ended by EBM -- A qualified defence of the EBM stance on mechanistic reasoning -- Knowledge that versus knowledge how : situating the EBM position on expert clinical judgment -- Moving EBM forward. (shrink)

Predicates of personal taste have attracted a great deal of attention from philosophers of language and linguists. In the intricate debates over PPT, arguably the most central consideration has been which analysis of PPT can best account for the possibility of faultless disagreement about matters of personal taste. I argue that two models of such disagreement—the relativist and absolutist models—are empirically inadequate. In their stead, I develop a model of faultless taste disagreement which represents it as involving a novel incompatibility (...) relation between preferences that I call type-noncotenability. This model is available to all parties in the ongoing debates about PPT, but it points up an advantage enjoyed by expressivist accounts of PPT. In closing, I consider four objections against the model that, while failing to fully undermine it, open up promising avenues of inquiry about the nature of disagreement. (shrink)

When should you engage with difficult arguments against your cherished controversial beliefs? The primary conclusion of this book is that your obligations to engage with counterarguments are more limited than is often thought. In some standard situations, you shouldn't engage with difficult counterarguments and, if you do, you shouldn't engage with them open-mindedly. This conclusion runs counter to aspects of the Millian political tradition and political liberalism, as well as what people working in informal logic tend to say about argumentation. (...) -/- Not all misleading arguments wear their flaws on their sleeve. Each step of a misleading argument might seem compelling and you might not be able to figure out what's wrong with it. Still, even if you can't figure out what's wrong with an argument, you can know that it's misleading. One way to know that an argument is misleading is, counterintuitively, to lack expertise in the methods and evidence-types employed by the argument. When you know that a counterargument is misleading, you shouldn't engage with it open-mindedly and sometimes shouldn't engage with it at all. You shouldn't engage open-mindedly because you shouldn't be willing to reduce your confidence in response to arguments you know are misleading. And you sometimes shouldn't engage closed-mindedly, because to do so can be manipulative or ineffective. -/- In making this case, Jeremy Fantl discusses echo chambers and group polarization, the importance in academic writing of a sympathetic case for the opposition, the epistemology of disagreement, the account of open-mindedness, and invitations to problematic academic speakers. (shrink)

Wilfrid Sellars’s ethical theory was rich and deeply innovative. On Sellars’s view, moral judgments express a special kind of shared intention. Thus, we should see Sellars as an early advocate of an expressivism of plans and intentions, and an early theorist of collective intentionality. He supplemented this theory with a sophisticated logic of intentions, a robust theory of the categorical validity of normative expressions, a subtle way of reconciling the cognitive and motivating aspects of moral judgment, and much more— all (...) within a strict nominalism that preserves Sellars’s commitment to naturalism. The Ethics of Wilfrid Sellars offers the first systematic treatment of this sadly neglected aspect of Sellars’s work and demonstrates that his ethical theory— just like his more widely discussed epistemology— has much to contribute to current debates. (shrink)