The claim that isomorphism in perceptual behaviour allows for differences in inner experience holds only if experience is taken to be an entity quite distinct from perceptual behaviour and only accidentally related to it. But this is not so. The two are internally related; experience as conceptualised being inherent to perception as a species of normative behaviour.

Colours are not the sorts of thing that are amendable to traditional forms of scientific explanation. To think otherwise is to mistake their ontology and ignore their normativity. The acquisition and use of colour categories is constrained by the logic of colour grammars.

We examined participants' reading and recall of informed consent documents presented via paper or computer. Within each presentation medium, we presented the document as a continuous or paginated document to simulate common computer and paper presentation formats. Participants took slightly longer to read paginated and computer informed consent documents and recalled slightly more information from the paginated documents. We concluded that obtaining informed consent online is not substantially different than obtaining it via paper presentation. We also provide suggestions for improving (...) informed consent-in both face-to-face and online experiments. (shrink)

Researchers from diverse disciplines, including organismal and cellular physiology, sports science, human nutrition, evolution and ecology, have sought to understand the causes and consequences of the surprising variation in metabolic rate found among and within individual animals of the same species. Research in this area has been hampered by differences in approach, terminology and methodology, and the context in which measurements are made. Recent advances provide important opportunities to identify and address the key questions in the field. By bringing together (...) researchers from different areas of biology and biomedicine, we describe and evaluate these developments and the insights they could yield, highlighting the need for more standardisation across disciplines. We conclude with a list of important questions that can now be addressed by developing a common conceptual and methodological toolkit for studies on metabolic variation in animals. (shrink)

Informed consent is a central topic in contemporary biomedical ethics. Yet attempts to set defensible and feasible standards for consenting have led to persistent difficulties. In Rethinking Informed Consent in Bioethics Neil Manson and Onora O'Neill set debates about informed consent in medicine and research in a fresh light. They show why informed consent cannot be fully specific or fully explicit, and why more specific consent is not always ethically better. They argue that consent needs distinctive communicative transactions, by (...) which other obligations, prohibitions, and rights can be waived or set aside in controlled and specific ways. Their book offers a coherent, wide-ranging and practical account of the role of consent in biomedicine which will be valuable to readers working in a range of areas in bioethics, medicine and law. (shrink)

On normative order -- On institutional order-- Law and the constitutional state -- A problem : rules or habits? -- On persons -- Wrongs and duties -- Legal positions and relations : rights and obligations -- Legal relations and things : property -- Legal powers and validity -- Powers and public law : law and politics -- Constraints on power : fundamental rights -- Criminal law and civil society : law and morality -- Private law and civil society : law (...) and economy -- Positive law and moral autonomy -- On law and justice -- Law and values : reflections on method. (shrink)

This book discusses theories of legal reasoning and provides an overall view of the rhetoric of legal justification. It shows how and why lawyers arguments can be rationally persuasive even though rarely, if ever, logically conclusive or compelling. It examines the role of "legal syllogism" and universality of legal reasoning, looking at arguments of consequentialism and principle, and concludes by questioning the infallibility of judges as lawmakers.

Incentives and reasons -- Values and human nature -- Right and wrong -- Questions of trust -- Autonomy and freedom -- Obedience, freedom, and engagement : or utility? -- Society, property, and commerce -- On justice -- Using freedom well -- Judging : legal cases and moral questions -- Practical reason, law, and state.

Saving the City provides a detailed analysis of the attempts of ancient writers and thinkers, from Homer to Cicero, to construct and recommend political ideals of statesmanship and ruling, of the political community and of how it should be founded in justice. Also, Malcolm Schofield debates to what extent the Greeks and Romans deal with the same issues as modern political thinkers.

Scientific discovery is often regarded as romantic and creative - and hence unanalyzable - whereas the everyday process of verifying discoveries is sober and more suited to analysis. Yet this fascinating exploration of how scientific work proceeds argues that however sudden the moment of discovery may seem, the discovery process can be described and modeled. Using the methods and concepts of contemporary information-processing psychology (or cognitive science) the authors develop a series of artificial-intelligence programs that can simulate the human thought (...) processes used to discover scientific laws. The programs - BACON, DALTON, GLAUBER, and STAHL - are all largely data-driven, that is, when presented with series of chemical or physical measurements they search for uniformities and linking elements, generating and checking hypotheses and creating new concepts as they go along. "Scientific Discovery examines the nature of scientific research and reviews the arguments for and against a normative theory of discovery; describes the evolution of the BACON programs, which discover quantitative empirical laws and invent new concepts; presents programs that discover laws in qualitative and quantitative data; and ties the results together, suggesting how a combined and extended program might find research problems, invent new instruments, and invent appropriate problem representations. Numerous prominent historical examples of discoveries from physics and chemistry are used as tests for the programs and anchor the discussion concretely in the history of science. Pat Langley is an Associate Professor in the Department of Information and Computer Science at the University of California, Irvine.Herbert Simon is a Professor in the Departments of Psychology, Computer Science, and Philosophy at Carnegie-Mellon University. Gary L. Bradshaw is an Assistant Professor in the Department of Psychology and Institute of Cognitive Science at the University of Colorado, Boulder. Jan M. Zytkow is an Associate Professor in the Computer Science Department at Wichita State University. (shrink)

Awarding rights to rivers, forests, and other environmental entities (EEs) is a new and increasingly popular approach to environmental protection. The distinctive feature of such rights of nature (RoN) legislation is that direct duties are owed to the EEs. This paper presents a novel rebuttal of the strongest argument against RoN: the no interest argument. The crux of this argument is that because EEs are not sentient, they cannot possess the kinds of interests necessary to ground direct duties. Therefore, they (...) cannot be legitimate rights-bearers. After considering and rejecting standard responses to this argument, the paper challenges its fundamental assumption: that rights-correlative duties must be grounded in the interests of the rights-bearer. The paper then presents the RoN critic with a dilemma. The critic must either accept that EEs are legitimate rights-bearers, or delegitimise many well-established rights-bearers along with EEs. Either way, the no interest argument loses its force. (shrink)

Neil E. Williams develops a systematic metaphysics centred on the idea of powers, as a rival to neo-Humeanism, the dominant systematic metaphysics in philosophy today. Williams takes powers to be inherently causal properties and uses them as the foundation of his explanations of causation, persistence, laws, and modality.

Papers presented at the IVR 11th World Congress, Helsinki, 1983.

Hugo de Vries claimed that he had discovered Mendel's laws before he found Mendel's paper. De Vries's first ratios, published in 1897, for the second generation of hybrids were 2/3:1/3 and 80%:20%. By 1900, both of these ratios had become 3:1. These changing ratios suggest that as late as 1897 de Vries had not discovered the laws, although he asserted, from 1900 on, that he had found the laws in 1896. An Appendix details de Vries's Mendelian experiments as described in (...) the original edition of volume two of Die Mutationstheorie, but omitted entirely from the English translation. (shrink)

In this paper, we make the case that a person who is considering or has already made a decision that appears seriously harmful to that person should in some cases be judged incapable of making that...

Although David Hume never produced a single comprehensive work that encapsulated his views on politics, his various writings address a broad range of topics of relevance to political philosophy. He critiques the social contract theory of Hobbes and Locke, and he offers an alternative, evolutionary account of the origins of government. Hume sees all governments as the result of a struggle between authority and liberty, with the best of them achieving a balance between the two by implementing systems of “general (...) laws.” Hume’s cautious approach to social change may fairly be called conservative. However, he is willing to endorse efforts at gradual reform when these efforts do not threaten the stability of the society. His legacy for modern political philosophy remains contested. (shrink)

Over several decades, ethics and law have been applied to medical education and practice in a way that reflects the continuation during the twentieth century of the strong distinction between facts and values. We explain the development of applied ethics and applied medical law and report selected results that reflect this applied model from an empirical project examining doctors’ decisions on withdrawing/withholding treatment from patients who lack decision-making capacity. The model is critiqued, and an alternative “constitutive” model is supported on (...) the basis that medicine, medical law, and medical ethics exemplify the inevitable entanglement of facts and values. The model requires that ethics and law be taught across the medical education curriculum and integrated with the basic and clinical sciences and that they be perceived as an integral component of medical evidence and practice. Law, in particular, would rank as equal in normative authority to the relevant clinical scientific “facts” of the case, with graduating doctors having as strong a basic command of each category as the other. The normalization of legal knowledge as part of the clinician’s evidence base to be utilized in practice may provide adequate consolation for clinicians who may initially resent further perceived incursions on their traditional independence and discretion. (shrink)

Challenges the traditional portrayal of Hobbes as an extreme ‘Realist’ in international relations theory—i.e. as someone who regarded the international arena as a pure anarchy in which law could have no meaning and aggression could always be justified by the dictates of self‐interest. It argues that his theory did have a place for international law, and did supply reasons for international cooperation of various kinds. In many ways his theory was closer to the ameliorism of the ‘Rationalist’ tradition than to (...) the changeless pessimism of the Realists; but, on the other hand, the peculiar nature of his natural law theory did set him apart from the Rationalist tradition. (shrink)

Offers an introduction to the political philosophy of Hobbes and Spinoza. It analyses Hobbes's theory of natural law and natural rights, and argues that he operated with two different concepts of rights—which have been confused by his commentators and may to some extent have been confused by Hobbes himself. It then discusses the adaptation of Hobbes's theories by Dutch writers such as the brothers de la Court, whose writings influenced Spinoza, before summarizing the political theory of Spinoza himself, and commenting (...) on the relationship between his ideas and those of Hobbes. (shrink)

Systematic killing has long been associated with some of the darkest episodes in human history. Increasingly, however, it is framed as a desirable outcome in war, particularly in the context of military AI and lethal autonomy. Autonomous weapons systems, defenders argue, will surpass humans not only militarily but also morally, enabling a more precise and dispassionate mode of violence, free of the emotion and uncertainty that too often weaken compliance with the rules and standards of war. We contest this framing. (...) Drawing on the history of systematic killing, we argue that lethal autonomous weapons systems reproduce, and in some cases intensify, the moral challenges of the past. Autonomous violence incentivizes a moral devaluation of those targeted and erodes the moral agency of those who kill. Both outcomes imperil essential restraints on the use of military force. (shrink)

This article investigates “impaired insight,” a controversial psychiatric category describing a mad person unable to know his or her madness. Like “moral insanity” and other concepts before it, impaired insight offers a way to link the disparate logics of human responsibility in psychiatry and the law. I attribute its development to changes wrought by deinstitutionalization, the rise of antipsychotic medication, and patient incarceration in penal settings. In a system that aims to govern psychiatric patients through their freedom, the logic of (...) impaired insight introduces a wrinkle: can a person make an informed choice to refuse treatment if madness itself impairs awareness of illness? Drawing on tools from the sociology of science, I trace the process by which researchers recast psychodynamic “denial” as a neurological and therefore non-volitional “impairment” in the 1990s. I then show how social movement actors mobilized the materialized form in the legal and policy fields in the 2000s, bringing insight science to bear upon the very questions of custodial management and patient rights that gave birth to it. At stake is this dilemma: how can societies that simultaneously privilege individual responsibility and somatic accounts of behavior govern those at the border of legal capacity, and with what justification? (shrink)

William Whewell’s philosophy of scientific discovery is applied to the problem of understanding the nature of unification and explanation by the composition of causes in Newtonian mechanics. The essay attempts to demonstrate: the sense in which ”approximate’ laws successfully refer to real physical systems rather than to idealizations of them; why good theoretical constructs are not badly underdetermined by observation; and why, in particular, Newtonian forces are not conventional and how empiricist arguments against the existence of component causes, and against (...) the veracity of the fundamental laws, are flawed. (shrink)

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles of (...) statutory interpretation. (shrink)

The likelihood theory of evidence (LTE) says, roughly, that all the information relevant to the bearing of data on hypotheses (or models) is contained in the likelihoods. There exist counterexamples in which one can tell which of two hypotheses is true from the full data, but not from the likelihoods alone. These examples suggest that some forms of scientific reasoning, such as the consilience of inductions (Whewell, 1858. In Novum organon renovatum (Part II of the 3rd ed.). The philosophy of (...) the inductive sciences. London: Cass, 1967), cannot be represented within Bayesian and Likelihoodist philosophies of science. (shrink)

The UK Supreme Court in Montgomery v Lanarkshire Health Board adopts an approach to information disclosure in connection with clinical treatment that moves away from medical paternalism towards a more patient-centred approach. In doing so, it reinforces the protection afforded to informed consent and autonomous patient decision making under the law of negligence. However, some commentators have expressed a concern that the widening of the healthcare providers’ duty of disclosure may provide impetus, in future cases, for courts to adopt a (...) more rigorous approach to the application of causation principles. The aim would be to limit liability but, in turn, it would also limit autonomy protection. Such a restrictive approach has recently been adopted in Australia as a result of the High Court decision in Wallace v Kam. This paper considers whether such an approach is likely under English negligence law and discusses case law from both jurisdictions in order to provide a point of comparison from which to scope the post- Montgomery future. (shrink)

This is a controversial work of applied legal theory, addressing urgent contemporary questions about law and the state, about the character of the UK as a state, and about the juridical character of the European Union.

This study focuses on current jurisprudential debate between the "positivist" views of Herbert Hart and the "rights thesis" of Ronald Dworkin. MacCormick provides a critical analysis of the Dworkin position while also modifying Hart's. It stands firmly on its own as a contribution to an extensive literature.

In the space of two decades, social rights have emerged from the shadows and margins of human rights jurisprudence. The authors in this book provide a critical analysis of almost two thousand judgments and decisions from twenty-nine national and international jurisdictions. The breadth of the decisions is vast, from the resettlement of evictees to the regulation of private medical plans to the development of state programs to address poverty and illiteracy. The jurisprudence not only implicates our understanding of economic, social, (...) and cultural rights, but also challenges the philosophical debates that question whether these rights can and should be justiciable. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflects broader American intellectual and cultural concerns. (shrink)

Chance inevitably plays a role in law but it is not often that we consciously try to import an element of randomness into a legal process. Random Justice: On Lotteries and Legal Decision-Making explores the potential for the use of lotteries in social, and particularly legal, decision-making contexts. Utilizing a variety of disciplines and materials, Neil Duxbury considers in detail the history, advantages, and drawbacks of deciding issues of social significance by lot and argues that the value of the (...) lottery as a legal decision-making device has generally been underestimated. The very fact that there exists widespread resistance to the use of lotteries for legal decision-making purposes betrays a commonly held belief that legal processes are generally more important than are legal outcomes. Where, owing to the existence of indeterminacy, the process of reasoning is likely to be excessively protracted and the reasons provided strongly contestable, the most cost-efficient and impartial decision-making strategy may well be recourse to lot. Aversion to this strategy, while generally understandable, is not necessarily rational. Yet in law, as Professor Duxbury demonstrates, reason is generally valued more highly than is rationality. The lottery is often conceived to be a decision-making device that operates in isolation. Yet lotteries can frequently and profitably be incorporated into other decision-frameworks. The book concludes by controversially considering how lotteries might be so incorporated and also advances the thesis that it may sometimes be sensible to require that adjudication takes place in the shadow of a lottery. (shrink)

The Stoic Idea of the City offers the first systematic analysis of the Stoic school, concentrating on Zeno's Republic . Renowned classical scholar Malcolm Schofield brings together scattered and underused textual evidence, examining the Stoic ideals that initiated the natural law tradition of Western political thought. A new foreword by Martha Nussbaum and a new epilogue written by the author further secure this text as the standard work on Presocratic Stoics. "The account emerges from a jigsaw-puzzle of items from (...) a wide range of authorities, painstakingly pieced together and then annotated in a series of appendixes, the whole executed with fine scholarship, clarity, and good humor."-- Times Literary Supplement. (shrink)

This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has (...) evolved as a collection of themes which reflect broader American intellectual and cultural concerns. (shrink)

This article examines the concepts of retrospective and retroactive—both forms of ex post facto—law. It shows that although the distinction between retrospective and prospective law is difficult to draw (given that laws generally alter rights), the classification of particular laws as retrospective is not arbitrary, since the proposition that only some legal rules interfere with “vested” rights is, while vague, not meaningless. Retroactive legislation is recognized to attract a long list of objections. The article seeks to identify and assess those (...) objections, and to provide a comprehensive account of the various possible (if invariably limited) justifications for retroactivity. The conclusion offers some brief reflections on why the complaint that a law operates ex post facto is less likely to be directed at a judicial decision than at a statute. (shrink)

The thesis that propositions of law are intrinsically arguable is opposed by the antithesis that the Rule of Law is valued for the sake of legal certainty. The synthesis considers the insights of theories of rhetoric and proceduralist theories of practical reason, then locates the problem of indeterminacy of law in the context of the challengeable character of governmental action under free governments. This is not incompatible with, but required by the Rule of Law, which is misstated as securing legal (...) certainty. Defeasible certainty is the most that is desirable or achievable. (shrink)

The national ethical guidelines relevant to assisted reproductive technology have recently been reviewed by the National Health and Medical Research Council. The review process paid particular attention to the issue of non-medical sex selection, although ultimately, the updated ethical guidelines maintain the pre-consultation position of a prohibition on non-medical sex selection. Whilst this recent review process provided a public forum for debate and discussion of this ethically contentious issue, the Victorian case of JS and LS v Patient Review Panel [2011] (...) VCAT 856 provides a rare instance where the prohibition on non-medical sex selection has been explored by a court or tribunal in Australia. This paper analyses the reasoning in that decision, focusing specifically on how the Victorian Civil and Administrative Tribunal applied the statutory framework relevant to ART and its comparison to other uses of embryo selection technologies. The Tribunal relied heavily upon the welfare-of-the-child principle under the Assisted Reproductive Treatment Act 2008. The Tribunal also compared non-medical sex selection with saviour sibling selection. Our analysis leads us to conclude that the Tribunal’s reasoning fails to adequately justify the denial of the applicants’ request to utilize ART services to select the sex of their prospective child. (shrink)

What makes an argument in a law case good or bad? This book examines this and other questions central to the study of jurisprudence. Care has been taken to make the legal elements of the book readily accessible to non-lawyers, and the philosophical elements to non-philosophers.