“I would prefer not”HERMAN MELVILLE, BARTLEBY THE SCRIVENER: A STORY OF WALL STREET (1853), reprinted in THE PIAZZA TALES 32, 48 (London, Sampson Low, Son & Co. 1856). Scholars have recently challenged the claim in classical deterrence theory that law influences behavior only through the expected sanction imposed. Some go further and argue that law may also “shape preferences,” changing people’s wants and values. In this Article, we analyze existing claims that criminal and civil law alter preferences and conclude that (...) none suggest that the law shapes preferences. We first clarify this preference-shaping claim by elaborating the structure of rational choice theory generally and “preference” in particular. We then investigate three mechanisms of legal influence suggested by the preference-shaping literature: (1) the “serious harm” mechanism; (2) the “social norm” mechanism; and (3) the “self-improvement” mechanism. We then show that each of these mechanisms operates by changing the agent’s beliefs about the attributes or consequences of her choice options rather than by changing her preferences. (shrink)

Analyses of complex entities such as bureaucracies, courts, legislatures, and firms typically personify them. A strong conception of personification requires that these entities have rational interests, rational beliefs, and rational normative judgments. On one account of personification, such personified rationality should be aggregate rationality : the interests, beliefs, and normative judgments should depend only on the interests, beliefs, and judgments of the individuals who constitute the complex entity. I argue that aggregate rationality is too strong a normative requirement to impose (...) on courts and legislatures. Key Words: collective rationality • personification • adjudication • doctrinal paradox. (shrink)

This essay investigates consequentialist reasoning in law. It begins with a brief exposition of the structure of consequentialist reasoning. It then turns to the role of consequentialist reasoning in two aspects of legal decision-making. Legal officials must reason both about ends and about the choice of means to achieve those ends. Legal instrumentalism, however, takes many forms, and different forms identify different officials to engage in the task of reasoning consequentially to choose means. The essay then considers the difficulties posed (...) by the fact that legal decision-makers choose policies or institutions that structure the outcomes they hope to achieve. Finally, the essay considers the role that consequentialist reasoning may play in choosing ends. (shrink)

This essay disentangles the complex relations between economic logic and legal logic. It distinguishes economic logic as a social process from economic logic as economic reasoning; economic reasoning to explain behavior from economic reasoning to evaluate behavioral outcomes; and legal reasoning in judicial contexts from legal reasoning in other contexts such as legislation and legal enforcement or compliance. It then argues first that economic logic as the logic of social processes deepens our understanding of how law develops and how it (...) influences behavior. But the essay argues second that economic logic plays at best a limited role in the logic of legal reasoning for two reasons. Much legal reasoning seeks to identify the goals we should and do pursue while economic logic takes such goals as given. Further, the instrumental role of economic logic will vary with the institutional context in which legal reasoning occurs. (shrink)

This chapter contains section titled: Introduction A Characterization of Economic Analysis of Law Normativity Preference and Obligation Concluding Remarks Note References.

Constitutional political economy addresses four questions: the causal question: What explains the constitutional institutions we observe? the consequential question: What consequences do constitutional institutional have? the ideal question: What constitutional institutions does justice require? and the design question: What constitutional institutions are best for a polity given the constraints imposed by its current situation? Answers to the ideal and design questions require a theory of behavior that predicts how individuals will behave within constitutional institutions. Analysts usually assume that this theory (...) of behavior corresponds to the explanatory theory developed to answer the second, consequential question. This essay argues that the assumption of rational self-interested behavior as the basis for a behavioral theory is not justified. (shrink)

This handbook offers a deep analysis of the main forms of legal reasoning and argumentation from both a logical-philosophical and legal perspective. These forms are covered in an exhaustive and critical fashion, and the handbook accordingly divides in three parts: the first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the main general forms of reasoning and argumentation relevant for legal discourse. The third one looks at their application in law as well as at (...) the different areas of legal reasoning. The handbook’s division in three parts reflects its conceptual architecture, since legal reasoning and argumentation are considered in relation to the more general types of reasoning. (shrink)

In a recent paper on ‘The Many as One’, Lewis A. Kornhauser and Lawrence G. Sager look at an issue that we take to be of great importance in political theory. How far should groups in public life try to speak with one voice, and act with one mind? How far should public groups try to display what Ronald Dworkin calls integrity? We do not expect the many on the market to be integrated in this sense. But should (...) we expect integration among the many in the legislature, for example, or among the many on the courts? We agree with Kornhauser and Sager about a number of their claims but think that they miss out on important detail and do not achieve a fully general perspective on the issues raised. Our own contribution is in three sections. We address, first, the nature of the integrity challenge; second, the range of cases in which the challenge arises; and third, the question of whether public groups should be designed and required to meet that challenge. (shrink)

Shows that many of our understandings about scientific thought can be corrected once we realise just how unnatural science is. Quoting scientists from Aristotle to Einstein, the book argues that scientific ideas are, with rare exceptions, counter-intuitive and contrary to common sense.

This paper explores Kant’s account of propositional content and its implications for the relationship between his notions of knowledge (Wissen) and cognition (Erkenntnis). While previous commentators commonly read Kant as holding a Fregean theory of propositional content, in this paper I argue that Kant’s theory of propositional content aligns more closely with Peter Hanks’ recent account. According to my reading, Kant holds that individual acts of judging are both ontologically and explanatorily prior to propositions or Kantian judgments (Urteil). Furthermore, on (...) my reading, acts of judging for Kant are acts of assertively predicating a property of an object rather than merely acts of neutral predication. This reading challenges the lately popular view that Kant’s notions of knowledge and cognition are not only distinct but also disjunct. I instead suggest that we should regard Kantian knowledge that requires cognitions as its grounds as a species of Kantian cognitions. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

Reprint of the ed. published by Viking Press, New York.

This volume is devoted to Lewis's work in metaphysics and epistemology. Topics covered include properties, ontology, possibility, truthmaking, probability, the mind-body problem, vision, belief, and knowledge. The purpose of this collection, and the volumes that precede and follow it, is to disseminate more widely the work of an eminent and influential contemporary philosopher. The volume will serve as a useful work of reference for teachers and students of philosophy.

The what next question for moral error theorists asks: if moral discourse is systematically error-ridden, then how, if at all, should moral error theorists continue to employ moral discourse? Recent years have seen growing numbers of moral error theorists come to endorse a wider normative error theory according to which all normative judgements are untrue. But despite this shift, the what next question for normative error theorists has received far less attention. This paper presents a novel solution to this question: (...) revolutionary normative subjectivism. Along the way, two primary contributions are advanced. First, a non-normative methodology for answering the normative error theoretic what next question is developed. Second, revolutionary normative subjectivism is presented and defended in accordance with the proposed methodology. (shrink)

In the first Critique, Kant famously holds a novel practical notion of Belief (Glauben) as assent justified not by evidence but by practical considerations. This paper examines the early development of Kant’s practical notion of Belief prior to the first Critique. It aims to make clear what prompted Kant to develop this notion in the first place, and how this notion came to assume its crucial role in Kant’s critical system. This development, I argue, has two main steps. The first (...) is his introduction of a practical notion of Belief in mid-to-late 1760s. I argue that he did so because he regards this notion as a useful tool to get ordinary people to justifiably commit to the existence of God and an after-life. The second step is Kant’s abandonment of the objective validity of his logical proof of God around 1772. This step elevated Belief from a merely useful means to the only justified way to commit to the existence of God and an after-life. This second step, I argue, is closely connected to Kant’s pivot to the view that the objective validity of concepts requires sensibly given objects, and it is motivated by Kant’s concern with subject-cancelling real repugnance. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Rhetoric of Philosophical Politics in Plato's Seventh LetterV. Bradley LewisThe name Syracuse has come to stand as an emblem of the problematic relationship between philosophy and politics. While the sources1 differ on specifics, we can be confident that Plato visited there at least three times between 387 and 362 B.C. On his first trip, during the reign of Dionysius I, he became acquainted with Dion, the tyrant's brother-in-law. (...) When the elder Dionysius died, Dion, a devotee of philosophy, apparently contrived for the old man's son, namesake, and successor to invite Plato back, believing that the young tyrant could be philosophically educated and convinced to lay down tyranny in favor of a new regime based on the rule of law. The plan was defeated, however, by a combination of Dionysius's dissolute life and opposition by Dion's enemies at court. Dion was exiled, and Plato returned to the Academy. Dion implored Plato to return to Syracuse on the basis of reports of Dionysius II's renewed resolution to take up philosophy and by the tyrant himself (who seems to have made some thinly veiled threats against the still-exiled Dion). Plato's second visit to Dionysius was no more successful than the first, however, and he considered himself fortunate to have escaped with his life. After a meeting at which Plato recounted the events of his final trip, Dion marshaled an expeditionary force, which included volunteers from the Academy, and set out to expel Dionysius II by violence. The effort succeeded, but the new regime was itself riven by faction, and Dion was assassinated in 353.2The principal legacy of this ill-starred episode is contained in the letters that have come down to us under the name of Plato, particularly those numbered seven and eight. Scholarly discussion of Plato's Seventh Letter has usually focused on three questions: the doctrinal content of the letter and its relationship to the doctrinal content of the dialogues; the character of the letter as an apologia for Plato's Syracusan activities; and the general authenticity of the letter. While the second of these questions focuses correctly [End Page 23] on the rhetorical character of the letter, it ignores the most obvious aspect, namely, the letter's explicit addressees: the friends and comrades of Dion, and their request for political advice. If we take this rhetorical element with sufficient seriousness, we will see that the content of the letter is fully consistent with the teachings of the political dialogues, a point that tells in favor of the authenticity of the letter. Specifically, a focus on the rhetorical character of the letter reveals that its content is determined mostly by what emerges as an effort by Plato to influence his correspondents by moderating their understandable desire for vengeance and thus to forestall further bloodshed and disorder in Syracuse. What is most important about the letter, then, is not so much its account of Plato's actions in Syracuse, but its unveiling of his intentions with respect to Dion's followers. It is not the philosophical-political blueprint, sketched vaguely in the Seventh Letter, that is most important,3 but the concrete effort to mitigate the passions of his correspondents. Read in this light, the letter becomes even more important, since it contradicts the popular image of Plato as a proponent of dangerous political utopianism and portrays a more subtle relationship between philosophy and politics.1. Dion's intentions, Plato's apologyTo the extent that the rhetoric of the letter has been treated, commentators have usually focused on Plato's (or whoever the author) defense of his own actions in Sicily.4 While there is certainly warrant for this approach, the most important fact about the letter concerns its intended audience, the "relatives and comrades of Dion."5 As Plato explains in the opening of the letter, these are the men who have sought not only his advice, but his cooperation in completing the political project halted by Dion's death at the hands of several of his other purported "allies."The most striking feature of the rhetorical structure is that, while the letter... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Rhetoric of Philosophical Politics in Plato's Seventh LetterV. Bradley LewisThe name Syracuse has come to stand as an emblem of the problematic relationship between philosophy and politics. While the sources1 differ on specifics, we can be confident that Plato visited there at least three times between 387 and 362 B.C. On his first trip, during the reign of Dionysius I, he became acquainted with Dion, the tyrant's brother-in-law. (...) When the elder Dionysius died, Dion, a devotee of philosophy, apparently contrived for the old man's son, namesake, and successor to invite Plato back, believing that the young tyrant could be philosophically educated and convinced to lay down tyranny in favor of a new regime based on the rule of law. The plan was defeated, however, by a combination of Dionysius's dissolute life and opposition by Dion's enemies at court. Dion was exiled, and Plato returned to the Academy. Dion implored Plato to return to Syracuse on the basis of reports of Dionysius II's renewed resolution to take up philosophy and by the tyrant himself (who seems to have made some thinly veiled threats against the still-exiled Dion). Plato's second visit to Dionysius was no more successful than the first, however, and he considered himself fortunate to have escaped with his life. After a meeting at which Plato recounted the events of his final trip, Dion marshaled an expeditionary force, which included volunteers from the Academy, and set out to expel Dionysius II by violence. The effort succeeded, but the new regime was itself riven by faction, and Dion was assassinated in 353.2The principal legacy of this ill-starred episode is contained in the letters that have come down to us under the name of Plato, particularly those numbered seven and eight. Scholarly discussion of Plato's Seventh Letter has usually focused on three questions: the doctrinal content of the letter and its relationship to the doctrinal content of the dialogues; the character of the letter as an apologia for Plato's Syracusan activities; and the general authenticity of the letter. While the second of these questions focuses correctly [End Page 23] on the rhetorical character of the letter, it ignores the most obvious aspect, namely, the letter's explicit addressees: the friends and comrades of Dion, and their request for political advice. If we take this rhetorical element with sufficient seriousness, we will see that the content of the letter is fully consistent with the teachings of the political dialogues, a point that tells in favor of the authenticity of the letter. Specifically, a focus on the rhetorical character of the letter reveals that its content is determined mostly by what emerges as an effort by Plato to influence his correspondents by moderating their understandable desire for vengeance and thus to forestall further bloodshed and disorder in Syracuse. What is most important about the letter, then, is not so much its account of Plato's actions in Syracuse, but its unveiling of his intentions with respect to Dion's followers. It is not the philosophical-political blueprint, sketched vaguely in the Seventh Letter, that is most important,3 but the concrete effort to mitigate the passions of his correspondents. Read in this light, the letter becomes even more important, since it contradicts the popular image of Plato as a proponent of dangerous political utopianism and portrays a more subtle relationship between philosophy and politics.1. Dion's intentions, Plato's apologyTo the extent that the rhetoric of the letter has been treated, commentators have usually focused on Plato's (or whoever the author) defense of his own actions in Sicily.4 While there is certainly warrant for this approach, the most important fact about the letter concerns its intended audience, the "relatives and comrades of Dion."5 As Plato explains in the opening of the letter, these are the men who have sought not only his advice, but his cooperation in completing the political project halted by Dion's death at the hands of several of his other purported "allies."The most striking feature of the rhetorical structure is that, while the letter... (shrink)

The first volume of this series presents fifteen selected papers dealing with a variety of topics in ontology, philosophy of mind, and philosophy of language.

As artificial intelligence (AI) technology advances, we increasingly delegate mental tasks to machines. However, today’s AI systems usually do these tasks with an unusual imbalance of insight and understanding: new, deeper insights are present, yet many important qualities that a human mind would have previously brought to the activity are utterly absent. Therefore, it is crucial to ask which features of minds have we replicated, which are missing, and if that matters. One core feature that humans bring to tasks, when (...) dealing with the ambiguity, emergent knowledge, and social context presented by the world, is reflection. Yet this capability is completely missing from current mainstream AI. In this paper we ask what reflective AI might look like. Then, drawing on notions of reflection in complex systems, cognitive science, and agents, we sketch an architecture for reflective AI agents, and highlight ways forward. (shrink)

(Citation/Reference) Williams, S. H. Lewis Carroll handbook.

(Statement of Responsibility) by Lewis Carroll ; with illustrations in colors.

The two works reprinted in this volume are a unique fusion of logical thought and inimitable whimsy. Written by the 19th-century mathematician who also gave us "Alive in Wonderland", they are among the most entertaining logical works ever written, and contain some of the most thought-provoking puzzles ever devised.

S.O.S. Songs of the Sea is the perfect mix of music, creativity, and fun for music teachers, classroom teachers, child care providers ... and kids! Students will enjoy learning about the sea and its creatures through the engaging songs and activities. Classroom curriculum, music, crafts, and snacks are integrated, overlapped and joined to immerse students in a joyful, creative learning experience.