Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

Putnam and Finkelstein have proposed the abandonment of distributivity in the logic of quantum theory. This change results from defining the connectives, not truth-functionally, but in terms of a certain empirical ordering of propositions. Putnam has argued that the use of this ordering ("implication") to govern proofs resolves certain paradoxes. But his resolutions are faulty; and in any case, the paradoxes may be resolved with no changes in logic. There is therefore no reason to regard the partially ordered set of (...) propositions as a logic--i.e. as embodying a criterion for soundness of proofs. Its role in quantum theory ought to be understood in an entirely different way. (shrink)

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

The Introduction to this volume identifies and briefly summarizes certain issues which have been of central concern to philosophers in the transcendental tradition, including: the question of its relation to metaphysics; the relation of transcendentalism to transcendental idealism; the Kantian concept of a condition of possibility; the concepts of transcendental logic and of transcendental proof or argumentation; the concept of the transcendental turn and the issue of its justification; and the standpoint of transcendental reflection.

Michael Hand's recent paper, ‘Religious Upbringing Reconsidered', re-opens a debate that was flourishing over a decade ago in this journal and, long before that, in the works of others. In this response I examine Hand's claims that earlier contributions to the debate passed over the central problem and that he can solve that problem. I endeavour to show that several of Hand's arguments, such as those dealing with indoctrination, as well as his claims may be flawed, that the relevance of (...) his inquiries is open to question, but that his hidden and, apparently, unacknowledged agenda should not remain hidden or passed over. (shrink)

This paper offers a synoptic view of Kant's Critique of the Power of Judgement and its reception by the German Idealists. I begin by sketching Kant's conception of how its several parts fit together, and emphasize the way in which the specifically moral motivation of Kant's project of unification of Freedom and Nature distances it from our contemporary philosophical concerns. For the German Idealists, by contrast, the CPJ's conception of the opposition of Freedom and Nature as defining the overarching task (...) of philosophy provides a warrant and basis for bold speculative programmes. The German Idealist development therefore presupposes Kant's failure in the CPJ to resolve the problem of the relation of Freedom and Nature. What is fundamentally at issue in the argument between Kant and his successors is the question of the correct conception of philosophical systematicity and in this context I reconstruct Kant's defence of his claim to philosophical finality. (shrink)

Michael Hand’s recent paper, ‘Religious Upbringing Reconsidered’, re-opens a debate that was flourishing over a decade ago in this journal and, long before that, in the works of others. In this response I examine Hand’s claims that earlier contributions to the debate passed over the central problem and that he can solve that problem. I endeavour to show that several of Hand’s arguments, such as those dealing with indoctrination, as well as his claims may be flawed, that the relevance of (...) his inquiries is open to question, but that his hidden and, apparently, unacknowledged agenda should not remain hidden or passed over. (shrink)

In a recent paper in the Yale Law Journal, Malcolm Thorburn argued that to enjoy a justificatory defence in the criminal law is to have a normative power that is exercised in the circumstances which give rise to the justification. He also argued that where such powers are conferred on private citizens, those citizens should be understood as acting as public officials pro tempore when they exercise them. In this extended reply, I resist both propositions and reply to some of (...) the criticisms that Thorburn makes of my own rival views. I also take the opportunity to explore, philosophically, some of the criminal law relating to consent, self-defence and arrest, and to discuss the connections between the debate over the nature of criminal-law justifications and the debate over the nature of law. (shrink)

The quality of a life is typically understood as a function of the actual goods and bads in it, that is, its actual value. Likewise, the value of a population is typically taken to be a function of the actual value of the lives in it. We introduce an alternative understanding of life quality: adjusted value. A life’s adjusted value is a function of its actual value and its ideal value (the best value it could have had). The concept of (...) adjusted value is useful for at least three reasons. First, it fits our judgments about how well lives are going. Second, it allows us to avoid what we call False Equivalence, an error related to the non-identity problem. Third, when we use adjusted value as an input for calculating the value of a population, we can avoid two puzzles that Derek Parfit calls the “Repugnant Conclusion” and the “Mere Addition Paradox.”. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

Although it is primarily concerned with the value of liberty and the justification of compulsory education, what lies behind much of this paper is the question ‘;Why treat children like children?’ The fact is that we do not regard children as having the same rights, privileges and liberties as adults, and children may not be thought of as deserving the same degree of respect or consideration as their seniors. In the past this has led to some horrific states of affairs, (...) and while matters have undoubtedly improved, it is still the case that most people accept what Graham Haydon describes as ‘;the assumption that one thing can go for children and quite another for adults’. One likely consequence of this, and an important example of the different treatment reserved for children is compulsory education. Illiterate and innumerate adults are not compelled to practise their letters or play with counters or watch prescribed television programmes. Even when, to quote Mill, we have an adult ‘;who shows rashness, obstinacy and self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgencies—who pursues animal pleasures at the expense of those of feeling and intellect’, we do not subject him to character-building games or uplifting scripture readings, or initiate him into the mysteries of home economics, or read Shakespeare at him. But we compulsorily do all of this and more to children. Moreover, compulsory education, as we have it, is not something from which the young can gain remission. The law that requires ‘;every child of compulsory school age…to receive an efficient full-time education suitable to his age, ability, and aptitude’ effectively defines an approach where what counts is the arbitrariness of chronology, not standards or excellence. (shrink)

HLA Hart has sometimes been associated with the false proposition that there is 'no necessary connection between law and morality'. Nigel Simmonds is the latest critic to make the association. He offers an 'ironic' interpretation of a famous passage in Hart's The Concept of Law in which the proposition is apparently rejected as false by Hart. In this paper I explain why, even if Simmonds's ironic interpretation is tenable, it does not associate Hart with the proposition in the way that (...) Simmonds believes that it does. More affirmatively, I show that among several necessary connections between law and morality that Hart defends, there is an important indirect one that runs from law to legality, from legality to justice, and from justice to morality. (shrink)

Justice and Christian Ethics is a study in the meaning and foundations of justice in modern society. Written from a theological perspective, its focus is upon the interaction of religion and law in their common pursuit of justice. Consideration is given, first, to the historical roots of justice in the classical tradition of virtue and in the biblical ideas of covenant and the righteousness of God. Subsequent chapters trace the relationships between justice, law and virtue in Puritanism, in Locke, and (...) in the founding documents of the American Republic in the late eighteenth century. In his concluding section, the author develops a covenantal interpretation of justice which includes both law and virtue, both human rights and the common good. Special attention is given to the pluralistic character of modern political societies; to criteria of distributive justice; and to religious resources for the renewal and transformation of justice. (shrink)

: Catharine Beecher held that women possessed a moral power that could allow them to play a vital role in the moral and social progress of nineteenth century America. Problematically, this power could only be obtained through their subordination to the greatest social happiness. I wish to argue that this notion of subordination, properly framed within her ethico-religious system, can in fact lead to economic independence for women and a surprisingly robust conception of moral power.

Objectives. To document the prevalence of ethical requirements in the instructions for authors of journals that published randomized clinical trials in 2005. Design. Using a validated computerized search strategy for retrieving abstracts of RCTs, we retrieved 13 184 references from 2056 journals. These journals were divided into journals that had published > 30 RCTs in 2005, and those that had published fewer. We included all the former and a random sample of the latter journals in the analysis. Measurements. Coders retrieved (...) the instructions for authors for each journal. The coders identified whether 15 ethical requirements were present in each of the instructions, calculated the age of the journal, and determined where it was published. Results. Only 51% of journals required that authors document review by an ethics committee, only 55% required declaration of conflicts of interest, and only 33% required documentation of informed consent. Overall, 48% of instructions required three or fewer of 15 ethics items. Journals publishing many RCTs each year had more ethical requirements, older journals had more requirements, as did journals published in the US. Journals published in Europe had fewer. However, in multiple regression analyses involving the journal's age, location of publication, and number of RCTs published, only publishing many RCTs was associated with having more ethical requirements. Conclusions. Many journals do not require important elements of research ethics in their instructions for authors. Ethical requirements are less common in the many journals that publish few clinical trials each year, journals that have often been overlooked in prior studies of journal ethics. Keywords: Randomized clinical trials, ethical instructions, publication ethics, journal requirements. (shrink)

Catharine Beecher held that women possessed a moral power that could allow them to play a vital role in the moral and social progress of nineteenth century America. Problematically, this power could only be obtained through their subordination to the greatest social happiness. I wish to argue that this notion of subordination, properly framed within her ethico-religious system, can in fact lead to economic independence for women and a surprisingly robust conception of moral power.

This paper continues a conversation about Wittgenstein’s picture of language and meaning and its potential applications for educational theorising. It takes the form of a response to Wolff-Michael Roth’s earlier paper “Heeding Wittgenstein on “understanding” and “meaning”: A pragmatist and concrete human psychological approach in/for education,” in which Roth problematizes the use of the terms “understanding” and “meaning” in education discourse and proposes their abandonment. Whilst we agree with Roth about a series of central points, at the same time we (...) maintain that he has taken his argument in directions antithetical to our reading of Wittgenstein’s work. We offer four points of departure, exploring themes of: appropriate questioning; eliminativism; language-games and grammar; and productivity, explanation, and a science of learning. We conclude by discussing ways consistent with Wittgenstein’s thought to go on in thinking about education. (shrink)