Book reviewed in this article:Stanley L. Paulson and Bonnie Litschewski Paulson, Normativity and Norms.

Alan Gewirth has propounded a moral theory which commits him to the view that prescriptions can appropriately be addressed to people who have neither any moral reasons nor any prudential reasons to follow the prescriptions. We highlight the strangeness of Gewirth's position and then show that it undermines his attempt to come up with a supreme moral principle.

Rights seem to occupy a prominent place within the moral and political lexicon of modernity. But is this truly an age in which the idea of individual rights has flourished? Or might the frequency with which we speak of rights reflect a failure to appreciate the stringent demands that genuine rights would inevitably place upon us? Does our willingness to frame so many moral issues in terms of rights simply illustrate our failure to take the idea of rights seriously? Does (...) our monocular focus upon rights lead us to ignore the broader context of law, virtue, and civility that is necessary if rights are to be a reality? These are the questions forming the background to my discussion in this essay. (shrink)

This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal of freedom or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary (...) legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions. (shrink)

The essay builds on the claim that the concept of law is best understood as structured by an abstract archetype to which actual instances of law approximate, and that the archetype in question is an intrinsically moral idea: the idea of a realm of universality and necessity within which one can enjoy freedom as independence from the power of others. Reflection upon the nature of this archetype is a form of moral reflection upon experience, where we seek to grasp the (...) nature of a value by considering the forms in which the value has been partially realised. The departure from Aristotelian thought served to obscure the possibility of such a form of moral reflection. Twentieth-century theories of the nature of law have tended to focus upon the problem of law’s self-genesis, but this neglects the full extent of the philosophical problem of law’s nature. (shrink)

This is a pugnacious book, born of ancient controversy and attempting to return the debate to a time before the central jurisprudential questions were set by Hart and other legal positivists. Simmonds addresses those familiar with current analytical philosophy of law: those of us who know our Hart, Fuller, Dworkin, Raz, MacCormick and Kramer, and who perhaps need to have our attention drawn to Plato, Aristotle, Grotius, Hobbes and Kant. Presuming an informed readership, there is no bibliography, and it (...) incorporates ‘substantial extracts from four recent essays’, but does not say what they are. Overall, his position is that law should be understood as an attempt to realize an archetype of law, an archetype which is a moral ideal. Those suspicious of moral ideals are not likely to find moral archetypes more philosophically acceptable. Yet, if Simmonds is right, we need them in jurisprudence.Simmonds is against the positivist split between …. (shrink)

The original edition of this directory of professional codes of conduct in the United Kingdom was the first reference book to give information on more than a handful of codes. For the second edition the work has been greatly extended and revised, thereby reflecting both the ever-increasing number of codes and the ongoing interest in them. The main part of the book lists alphabetically nearly 500 UK organizations with codes in use, an increase of some 30 per cent on the (...) previous edition. Each entry gives the name, address, telephone and fax numbers of an organization and either reproduces its code verbatim (to make a total of about 200) or summarizes the content. Approximately 80 per cent of the codes or summaries have undergone changes since first publication. The comprehensive introduction looks at the development, scope and purpose of codes, recent trends and codes in an international context amongst other points, while the extensive index provides an easy and useful approach by topic. (shrink)

This second edition has been revised to provide additional coherence to the themes examined and introduces sections on topical issues, for example the chapter on Utilitarianism now includes a discussion on law and economics.

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea. It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book (...) already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed. (shrink)

This chapter contains section titled: The Impious Hypothesis Pufendorf Conclusion.

This chapter contains sections titled: Problems of Jurisprudence The Enterprise of Legal Theory From Positivism to Natural Law Theory as Interpretation Law as Integrity Unger and the Critical Legal Studies Movement Philosophical Reconstruction of Legal Doctrine.

To understand the distinctive characteristics of the institutions of law, one needs to understand the idea of law. Understanding the nature of law is not ultimately a matter of achieving a careful description of social practices but a matter of grasping the idea towards which those practices must be understood as oriented. The idea of law is the focal point that enables us to make coherent sense of the otherwise diverse features of practice, but it is not itself a matter (...) of observable practice. It resembles a notional point in space that enables us to grasp the relationship between various parts of a complex drawing, although in itself it forms no part of the drawing. But how is such an idea to be investigated? We expect a clear understanding of the idea of law to explain our settled understandings about what will and will not count as an instance of legal ordering. We expect it, in other words, to explain some at least of the minimum conditions for applicability of the idea. But, since the idea of law is invoked within the practices of law, we also expect a philosophical understanding of that idea to clarify its role in guiding and orienting practice, and not simply in describing practice. Although the practices of law are oriented towards the idea of law, that idea is not straightforwardly available to be read in the surface appearance of the practices. For such practices, while involving systematic appeal to the idea of law, operate for the most part on the basis of that unreflective conformity that assists the stable functioning of most human institutions. Can we begin by identifying a "minimum specification" of the concept of law, in the form of a set of conditions without which nothing could count as law at all? From such a minimum specification, can we proceed in some orderly and intellectually defensible way towards "later phases" of the concept, with their "qualitative changes as well as additions and complications"? The possibility is worth exploring, however unfashionable may be the philosophical viewpoint from which it springs. Fuller's famous story of Rex, and his failed attempts to enact law, identifies the minimum conditions that something must satisfy in order to count as an instance of law. Fuller's theory becomes interesting when he proceeds to demonstrate that the eight desiderata (identified as minimum conditions), when taken collectively, be regarded as a guiding ideal for legal thought: the ideal that we usually label "the rule of law". Fuller claimed that his eight requirements represent an "inner morality of law". Hart's critique of Fuller appeared to suggest that the moral value of compliance with the eight requirements is wholly contingent upon the law's content, and that the eight requirements are more akin to precepts of efficiency than to moral standards. This criticism has been widely endorsed as correct. In fact, the criticism is not correct. The eight requirements are not principles of efficacy, but (when taken together) represent a moral ideal for legal systems. Fuller never really succeeded in giving a clear explanation of the moral status of his eight requirements. I argue that Fuller's eight desiderata represent an intrinsically moral ideal that we may call "freedom as independence from the power of another". This is the aspect of freedom that distinguishes the slave from the free man. My theory seeks to establish the existence of a very tight and necessary connection between law and morality. Positivists will find it impossible to deny that governance by law involves some degree of compliance with Fuller's eight requirements, and that such compliance necessarily involves the realisation of some degree of freedom as independence. If they are tempted to deny that freedom as independence is a distinct aspect of freedom, they must also argue that connections between slavery and the lack of freedom are purely contingent. If they accept that the lack of freedom as independece is what makes a slave a slave, but they deny that freedom as indepenence is a moral value, they must say that there is nothing intrinsically morally wrong with slavery: the moral wrongness of slavery would then have to be seen as stemming from purely contingent features of the slave's position. The value of freedom as independence may be thin. But it is real, it is genuinely valuable, and it is tightly connected to the existence of law. (shrink)

H.L.A. Hart’s legal positivism displaces the authority of institutions and emphasizes the independence of personal moral judgment. While such a position has an obvious appeal, we should not fail to acknowledge the extent to which values are articulated within established practices. In this essay, civility and law are offered as examples of practices that embody distinctive values and can properly be understood only by reference to such values. It is suggested that legal positivism is driven by a moral metaphysic wherein (...) abstractly conceived principles confront neutrally described facts. But values cannot, without distortion, be understood in abstraction from the practices and forms of association within which they find expression. The refusal to recognize this fact fosters moral skepticism rather than individual moral responsibility. (shrink)

ABSTRACT Journalists often take themselves as having a moral duty to protect their sources. If the sources in question leak information from government departments, government ministers will consider themselves as having the moral right to demand that the journalists disclose the identity of those sources. This creates conflicts of value between what journalists and ministers consider to be right. It is argued not only that traditional moral theories cannot resolve such moral conflicts, but that they are in a sense a (...) good thing. A world in which the conflicts occur may be considered to be better than one in which they are prevented from occurring, for one can expect to have both effective journalism and effective government only in the former. The most important consequence of this view is that it makes the professional ethics of journalism into something more than the mere application of universal moral rules to the various situations in which those who work in the profession are liable to find themselves. (shrink)

ABSTRACT Journalists often take themselves as having a moral duty to protect their sources. If the sources in question leak information from government departments, government ministers will consider themselves as having the moral right to demand that the journalists disclose the identity of those sources. This creates conflicts of value between what journalists and ministers consider to be right. It is argued not only that traditional moral theories cannot resolve such moral conflicts, but that they are in a sense a (...) good thing. A world in which the conflicts occur may be considered to be better than one in which they are prevented from occurring, for one can expect to have both effective journalism and effective government only in the former. The most important consequence of this view is that it makes the professional ethics of journalism (and, by implication, those of other professions) into something more than the mere application of universal moral rules to the various situations in which those who work in the profession are liable to find themselves. (shrink)

Tenth annual conference at the University of Manchester, 8th-10th April 1983.

Talk of “essences” has, since Saul Kripke and Hilary Putnam, gained significant currency in contemporary philosophy. It is no longer unfashionable to talk about the essence of this or that (natural) kind, and as such we now find a variety of brands of essentialism on the market including B.D. Ellis’s scientific essentialism, David Oderberg’s real Essentialism, Alexander Bird’s dispositional essentialism, and the contemporary essentialism of Kripke and Putnam. -/- Almost all these brands of essentialism share a particular gloss on Locke’s (...) famous objection to Aristotle that natural kinds are demarcated by nominal essences not real essences. Thus Oderberg claims that ‘Empiricists take [real] essences to be paradigmatically unobservable’ and that this ‘objection goes back at least to John Locke’ (Oderberg 2007: 21). Bird, presenting his dispositional essentialism, defines a notion of “being” as ‘the reverse of Locke’s definition of essence’ which he takes to be ‘the being of any thing, whereby it is what it is’ (Bird 2007: 100). Joseph LaPorte, discussing nominal and real essences, claims that ‘Kripke and Putnam seem to affirm something more substantive: that biological kinds have “real essences” in Locke’s terminology’ (LaPorte 2004: 49). Even avowed anti-essentialists such as John Dupré sanction the standard criticism of Locke that his scepticism about the knowability of real essences was ‘premature’, and claim that ‘genuine natural kinds provide the extensions of many terms of natural language, where these natural kinds are determined by true Lockean real essences’ (Dupré 1993: 22). -/- All of these essentialisms (even Dupré’s anti-essentialism) are wrong about Locke. Oderberg is wrong to claim that Locke thought that real essences were paradigmatically unobservable; Bird is wrong to think that Locke’s notion of essence is the being of anything whereby it is what it is; LaPorte is wrong to think that Kripke and Putnam are talking about Lockean real essences (although so are Kripke and Putnam); and Dupré is wrong to think that genuine natural kinds (if by genuine he means objective or mind-independent) are determined but true Lockean real essences . -/- The mistake stems from a standard, but ultimately incorrect, interpretation of Locke’s discussion of essences in An Essay Concerning Human Understanding . This mistaken interpretation (Lowe 1995, 2006, Von Leyden 1973, Wiggins 1974) takes Locke to mean, by “real essence”, the Aristotelian notion i.e. ‘the very being of anything, whereby it is what it is’ (Essay III.iii.15), and interprets his objection as epistemological: we cannot come to know what real essences are, and therefore they cannot figure in our classifications of things into kinds. -/- This paper will present and defend the following two claims: i) that Locke’s notion of “real essence” is not the Aristotelian notion, and ii) that Locke’s objection to the Aristotelian notion was not merely epistemological. The first claim can be defended by presenting and applying Vienne’s (1993) terminological revision. Vienne argues that Locke did not introduce a dichotomy between real and nominal essence, but a trichotomy between real essence, nominal essence and real constitution. This terminological revision will be employed to highlight where ambiguous uses of the phrase “real essence” have caused some serious misunderstandings of Locke’s philosophy. The second claim (steering Locke around what is the classic objection to his thesis) can be defended by presenting a novel way of splitting up Locke’s objections to the Aristotelian notion of essence. The analysis will show that Locke’s anti-essentialism is still in good shape, and of contemporary significance. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

In recent years there has been growing attention paid to a kind of human action or activity which does not issue from a process of reflection and deliberation and which is described as, e.g., ‘engaged coping’, ‘unreflective action’, and ‘flow’. Hubert Dreyfus, one of its key proponents, has developed a phenomenology of expertise which he has applied to ethics in order to account for ‘everyday ongoing ethical coping’ or ‘ethical expertise’. This article addresses the shortcomings of this approach by examining (...) the pre-reflective ethical know-how individuals first develop and on which all later forms of ethical expertise are dependent. In the first section an account is given of the ‘ethical second nature’ which every individual develops from childhood onwards and which forms the basis of pre-reflective ethical know-how. The acquisition of an ethical second nature early on opens up the very domain of ‘the ethical’ for us in the first place and is constitutive of our sensitivity to it. The second section turns to pre-reflective ethical know-how and whether it is conceptual in nature. Just as sensorimotor understanding forms the basis of our reflective perceptual concepts, pre-reflective ethical know-how is similarly proto-conceptual and is the source of our reflective ethical and moral concepts. Finally, the third section examines the process whereby ethical second nature and pre-reflective ethical know-how are actually acquired, namely, through immersion in an ‘ethical world’. This world consists of both the web of ethical meanings and significances which has evolved in a particular society or community as well as its members whose actions and interactions continually reproduce that web. (shrink)

Mental imagery (varieties of which are sometimes colloquially refered to as “visualizing,” “seeing in the mind's eye,” “hearing in the head,” “imagining the feel of,” etc.) is quasi-perceptual experience; it resembles perceptual experience, but occurs in the absence of the appropriate external stimuli. It is also generally understood to bear intentionality (i.e., mental images are always images of something or other), and thereby to function as a form of mental representation. Traditionally, visual mental imagery, the most discussed variety, was thought (...) to be caused by the presence of picturelike representations (mental images) in the mind, soul, or brain, but this is no longer universally accepted. (shrink)

We report a Monte Carlo study examining the effects of two strategies for handling measurement non-invariance – modeling and ignoring non-invariant items – on structural regression coefficients between latent variables measured with item response theory models for categorical indicators. These strategies were examined across four levels and three types of non-invariance – non-invariant loadings, non-invariant thresholds, and combined non-invariance on loadings and thresholds – in simple, partial, mediated and moderated regression models where the non-invariant latent variable occupied predictor, mediator, and (...) criterion positions in the structural regression models. When non-invariance is ignored in the latent predictor, the focal group regression parameters are biased in the opposite direction to the difference in loadings and thresholds relative to the referent group (i.e., lower loadings and thresholds for the focal group lead to overestimated regression parameters). With criterion non-invariance, the focal group regression parameters are biased in the same direction as the difference in loadings and thresholds relative to the referent group. While unacceptable levels of parameter bias were confined to the focal group, bias occurred at considerably lower levels of ignored non-invariance than was previously recognized in referent and focal groups. (shrink)