My purpose is to analyze lawyers creating meaning in three well-known cases in Anglo-American legal history: Commonwealth v. Woodward (1997) the famous Boston ‘nanny’ case, the O.J. Simpson Murder Trial (1995), and the John Peter Zenger Libel Case in Colonial New York (1734). In each case, creative lawyers were able to shift the question before the jury from the formal legal question—did Woodward and Simpson commit murder? Did Zenger publish libelous material?—to issues of vengeance and catharsis, and of the ability (...) of the legal system to represent the community’s sense of justice. (shrink)

Good explanations are not only true or probably true, but are also relevant to a causal question. Current models of causal explanation either only address the question of the truth of an explanation, or do not distinguish the probability of an explanation from its relevance. The tasks of scenario construction and conversational explanation are distinguished, which in turn shows how scenarios can interact with conversational principles to determine the truth and relevance of explanations. The proposed model distinguishes causal discounting from (...) causal backgrounding , and makes predictions concerning the differential effects of contextual information about alternative explanations on: (a) the kind of mental models constructed; (b) belief revision about probable cause; and (c) the perceived quality of a focal explanation. Four experiments are reported that test these predictions. The significance of the notion of explanatory relevance for research on causal explanation is then discussed. (shrink)

ABSTRACTAccording to difference-based models of causal judgement, the epistemic state of the agent should not affect judgements of cause. Four experiments examined opportunity chains in which a physical event enabled a subsequent proximal cause to produce an outcome. All four experiments showed that when the proximal cause was a human action, it was judged as more causal if the agent was aware of his opportunity than if he was not or if the proximal cause was a physical event. The first (...) two experiments showed that these preferences could not be explained in terms of differences in perceived conditional probability, social controllability or perceptions of the causal sequence as forming a single unit. The third experiment showed that awareness affected the perceived deliberateness with which the action brought the outcome about but not its perceived voluntariness. The fourth experiment showed that... (shrink)

Annotation. Against the background of Aristotle's Nicomachean Ethics. Bradley provides a detailed differentiation between Aristotle's and Aquinas's view on moral principles and the end of man.

The aim of this essay is to examine the place of the people in the constitutions of democratic nations. While the meaning of democracy and the degree to which it is achieved vary within the family of nations considered democratic, the idea common to all is that the people are self-governing. In its origins, the idea is tied to liberty: not to be self-governing is to be subject to the will of another and so not to be free. What constitutes (...) self-government is open to interpretation, although this is not the place to examine the possible meanings. Nor is this the place to set out the history of the idea or to show how it became central to modern constitutions, except to note the number of nations qualifying as democratic has steadily increased in recent years to just under a half of the total. It seems reasonable to assume that a democratic nation, a self-governing people, would want to make sure that the constitution, the basic of government and of relations between the people and government, provide for and protect self-government and hence democracy. (shrink)

In 1484, humanist philosopher and theologian Marsilio Ficino published the first complete Latin translation of Plato's extant works. Students of Plato now had access to the entire range of the dialogues, which revealed to Renaissance audiences the rich ancient landscape of myths, allegories, philosophical arguments, etymologies, fragments of poetry, other works of philosophy, aspects of ancient pagan religious practices, concepts of mathematics and natural philosophy, and the dialogic nature of the Platonic corpus's interlocutors. By and large, Renaissance readers in the (...) Latin West encountered Plato's text through Ficino's translations and interpretation. -/- In Plato's Persona, Denis J.-J. Robichaud provides the first synthetic study of Ficino's interpretation of the Platonic corpus. Robichaud analyzes Plato's works in their original Greek and in Ficino's Latin translations, as well as Ficino's non-Platonic writings and correspondence, in the process uncovering new aspects of Ficino's intellectual work habits. In his letters and works, Ficino self-consciously imitated a Platonic style of prose, in effect devising a persona for himself as a Platonic philosopher. Plato's dialogues are populated with a wealth of literary characters with whom Plato interacts and against whom Plato refines his own philosophies. Reading through Ficino's translations, Robichaud finds that the Renaissance philosopher seeks an understanding of Plato's persona(e) among all the dialogues' interlocutors. In effect, Ficino assumed the role of Plato's Latin spokesperson in the Renaissance. -/- Plato's Persona is grounded in an extensive study of scholarship in Renaissance humanism, classics, philosophy, and intellectual history, and contextualizes Ficino's intellectual achievements within the contemporary Christian orthodox view of Platonism. Ficino was an influential figure in the early Italian Renaissance: the key intermediary between Greek and Latin, and between manuscript and print, giving voice to Plato and access to the ancient frameworks needed to interpret his dialogues. (shrink)

I suggest that contemporary economics shares many of the characteristics of methodological behaviourism in psychology, with its emphasis on the influence of motivation, learning, and situational incentives on behaviour, and minimal interest in the details of the cognitive processes that transform input (information) into output (behaviour). The emphasis on these characteristics has the same strengths and weaknesses in economics as in behaviourist psychology.

We address the way verb-based and rule-content knowledge are combined in understanding institutional deontics. Study 1 showed that the institutional regulations used in our studies were readily categorised into one of two content groups: rights or duties. Participants perceived rights as benefiting the addressees identified by the rule, whereas they perceived duties as benefiting the collective that imposed the rule. Studies 2, 3, and 4 showed that rule content had clear effects on perceptions of violations and relevance of cases for (...) explaining the rule, even when controlling for deontic verb, phrasing of the action permitted by a right, or the formality of the deontic verb. These effects are incompatible with a simple pragmatic disambiguation approach to pragmatic modulation, as they often induce permissibility judgments that contradict the core semantic meanings of the deontic verbs. Other ways of reconciling verb meaning with rule content should be considered in a fuller the.. (shrink)

Were there atheists and was there atheism in the Renaissance and the Reformation? There are no clear records for self-professed atheists at the twilight of the period, yet it is largely at that time that the semantic field of atheism began to be assembled and articulated. In one way or another various strategies have been adopted to study the history of atheism and atheists in order to negotiate the lack of evidence of self-professed atheists. Some scholars categorically deny the existence (...) of atheists beyond the level of accusations, while others point to esoteric atheists. Some look for more visible evidence by studying atheism as a product of modern secularism, others by studying the history of theism. The essay offers an overview of the major scholarly approaches of those who have sought to answer this historical question, and presents a concluding case study of the humanist and philosopher Marsilio Ficino’s engagement with atheism. (shrink)

In the ten dense chapters of his new book, John Finnis examines and sometimes amends what he takes to be the key moral, legal, social and political doctrines of Thomas Aquinas. Finnis correctly stresses that neither ethics nor politics, in the Arstotelian tradition to which Aquinas belonged, are theoretical sciences. They are ‘practical’ or action‐guiding sciences. Since societal order originates in free choice, it is subject to moral norms. The latter are more firmly grounded by Aquinas than Aristotle because the (...) former unlike the latter has an explicit and coherent account of universal or exceptionless moral principles.Finnis natural law ethics derives from a set of self‐evident precepts that focus practical reason on the pursuit and protection of basic human goods. Finnis expanding list of the latter now include marriage. Finnis equates – implausibly, in my view – attaining the ensemble of basic human goods with Aquina's notion of beatitudo imperfecta or this‐worldly happiness.Throughout the book, Finnis' exegesis of Aquinas is slanted towards bolstering Finnis' own Thomist philosophical ethics. Accordingly, Thomistic historical scholarship, which carefully traced Aquinas' biblical and patristic sources and which locate Aquinas' theological ethics within the conditions of his own life and times, has little weight in Finnis' interpretation. Overall, Finnis shows little concern for the internal logic of the Summa theologiae and, consequently, he does not adequately clarify how Aquinas' own ethics, according to its proper principles, can be both integrally theological and rational without thereby becoming a philosophical ethics. (shrink)

In the ten dense chapters of his new book, John Finnis examines and sometimes amends what he takes to be the key moral, legal, social and political doctrines of Thomas Aquinas. Finnis correctly stresses that neither ethics nor politics, in the Arstotelian tradition to which Aquinas belonged, are theoretical sciences. They are ‘practical’ or action‐guiding sciences. Since societal order originates in free choice, it is subject to moral norms. The latter are more firmly grounded by Aquinas than Aristotle because the (...) former unlike the latter has an explicit and coherent account of universal or exceptionless moral principles.Finnis natural law ethics derives from a set of self‐evident precepts that focus practical reason on the pursuit and protection of basic human goods. Finnis expanding list of the latter now include marriage. Finnis equates – implausibly, in my view – attaining the ensemble of basic human goods with Aquina's notion of beatitudo imperfecta or this‐worldly happiness.Throughout the book, Finnis' exegesis of Aquinas is slanted towards bolstering Finnis' own Thomist philosophical ethics. Accordingly, Thomistic historical scholarship, which carefully traced Aquinas' biblical and patristic sources and which locate Aquinas' theological ethics within the conditions of his own life and times, has little weight in Finnis' interpretation. Overall, Finnis shows little concern for the internal logic of the Summa theologiae and, consequently, he does not adequately clarify how Aquinas' own ethics, according to its proper principles, can be both integrally theological and rational without thereby becoming a philosophical ethics. (shrink)