In this major new work, Matthew Kramer seeks to establish two main conclusions. On the one hand, moral requirements are strongly objective. On the other hand, the objectivity of ethics is itself an ethical matter that rests primarily on ethical considerations. Moral realism - the doctrine that morality is indeed objective - is a moral doctrine. Major new volume in our new series _New Directions in Ethics_ Takes on the big picture - defending the objectivity of ethics whilst rejecting (...) the grounds of much of the existing debate between realists and anti-realists Cuts across both ethical theory and metaethics Distinguished by the quality of the scholarship and its ambitious range. (shrink)

In his provocative book Matthew Kramer offers a systematic theory of freedom that challenges most of the other major contemporary treatments of the topic.

Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles (...) are consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. (shrink)

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.

Michael Ghiselin and David Hull’s individuality thesis is that biological species are individuals. Philosophers often treat the term “individual” as synonymous with “mereological sum” and characterize it in terms of mereology. It is easy to see how the biological project has been interpreted as a mereological one. This chapter argues that this is a mistake, that biological part/whole relations often violate the axioms of mereology. Conflating these projects confuses the central issues at stake in both, and makes the job of (...) evaluating either unnecessarily burdensome. Clarifying this helps identify the genuine metaphysical implications of the individuality thesis, which serves as an exemplar of scientifically informed metaphysics. (shrink)

Philosophers have long been interested in a series of interrelated questions about natural kinds. What are they? What role do they play in science and metaphysics? How do they contribute to our epistemic projects? What categories count as natural kinds? And so on. Owing, perhaps, to different starting points and emphases, we now have at hand a variety of conceptions of natural kinds—some apparently better suited than others to accommodate a particular sort of inquiry. Even if coherent, this situation isn’t (...) ideal. My goal in this article is to begin to articulate a more general account of ‘natural kind phenomena’. While I do not claim that this account should satisfy everyone—it is built around a certain conception of the epistemic role of kinds and has an obvious pragmatic flavour—I believe that it has the resources to go further than extant alternatives, in particular the homeostatic property cluster view of kinds. (shrink)

Some important recent articles, including one in this journal, have sought to devise theories of rights that can transcend the longstanding debate between the Interest Theory and the Will Theory. The present essay argues that those efforts fail and that the Interest Theory and the Will Theory withstand the criticisms that have been levelled against them. To be sure, the criticisms have been valuable in that they have prompted the amplification and clarification of the two dominant theories of rights; but (...) their upshot has been to reveal the need for the improvement, rather than the abandonment, of those theories. (shrink)

In Albert Camus and the Political Philosophy of the Absurd: Ambivalence, Resistance, and Creativity, Matthew H. Bowker takes an interdisciplinary approach to Albert Camus’ political philosophy by reading absurdity itself as a metaphor for the psychosocial dynamics of ambivalence, resistance, integration, and creativity. Decoupling absurdity from its ontological aspirations and focusing instead on its psychological and phenomenal contours, Bowker discovers an absurdist foundation for ethical and political practice.

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates (...) the applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

This chapter contains sections titled: Categorical Prescriptiveness Uniformity as a Moral Matter Uniformity Contrasted with Neutrality The Overridingness of Moral Principles.

This paper first recapitulates the objections by H.L.A. Hart to the ways in which John Austin’s command model of law obfuscated the importance and the very existence of power-conferring laws. Although those objections are familiar in the world of contemporary legal philosophy, their insightfulness is highlighted here because they contrast so sharply with Hart’s own neglect of power-conferring laws at some key junctures in his theorizing. In the second half of this paper, I ponder a few of the junctures where (...) Hart failed to heed the admonitions which he had so deftly leveled against Austin. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

The papers included in this special issue were selected from a series of three interdisciplinary workshops titled Species in the Age of Discordance. Participants including philosophers, phylogeneticists, systematists, population geneticists, invasion biologists, historians, social scientists, botanists, herpetologists, ichthyologists, and microbiologists, among others, were asked to consider species in the context of discordance. The sense of “discordance” was left intentionally ambiguous in the call for abstracts, as our goal was to examine this question from many different perspectives, to seek out connections (...) across disciplines, to think about the different ways discordance surrounding species is conceived, and to ascertain how the varieties of discordance might inform each other. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

Science communication via testimony requires a certain level of trust. But in the context of ideologically-entangled scientific issues, trust is in short supply—particularly when the issues are politically ‘entangled’. In such cases, cultural values are better predictors than scientific literacy for whether agents trust the publicly-directed claims of the scientific community. In this paper, we argue that a common way of thinking about scientific literacy—as knowledge of particular scientific facts or concepts—ought to give way to a second-order understanding of science (...) as a process as a more important notion for the public’s trust of science. (shrink)

This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

RÉSUMÉJe soulève des questions concernant l'approche volontariste défendue par Chakravartty à l’égard des positions : supposant que nous reconnaissons une hiérarchie des positions, la position volontariste peut être à la fois vraie et trompeuse en ce qui concerne la viabilité pratique de certains débats dans le domaine de la philosophie des sciences, en particulier le débat sur le réalisme scientifique ou sur la façon de «naturaliser» la métaphysique.

Different chemical species are often cited as paradigm examples of structurally delimited natural kinds. While classificatory monism may thus seem plausible for simple molecules, it looks less attractive for complex biological macromolecules. I focus on the case of proteins that are most plausibly individuated by their functions. Is there a single, objective count of proteins? I argue that the vagaries of function individuation infect protein classification. We should be pluralists about macromolecular classification.

A discourse on method -- Hart on legal powers and law's normativity -- The components of Hart's jurisprudential theory -- Hart on legal interpretation and legal reasoning -- Law and morality.

The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts.

This article defends my 2011 book “The Ethics of Capital Punishment” against the thoughtful critiques written by Carol Steiker and John Danaher respectively. It does not attempt to respond to every point of contention in the two critiques, but concentrates instead on a few of the main points from each of them.

Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person’s life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they perceive as the irrationality of the demandingness of deontological duties. In this paper, I shall address objections of the latter kind in an effort to show that they are unfounded. My investigation of this matter will unfold by (...) reference to a scenario that strikingly and concretely exemplifies the demandingness of deontological duties. That scenario, which involves a situation of torture (specifically, placatory torture – in other words, torture undertaken for the purpose of appeasing people who have demanded that it be administered), will serve as a springboard for my endeavor to vindicate the rationality of deontological absolutes and will help to illuminate the endeavor’s practical implications. (shrink)

Biological lineages move through time, space, and each other. As they do, they diversify, diverge, and grade away from and into one another. One result of this is genealogical discordance; i.e., the lineages of a biological entity may have different histories. We see this on numerous levels, from microbial networks, to holobionts, to population-level lineages. This paper considers how genealogical discordance impacts our study of species. More specifically, I consider this in the context of three framing questions: (1) How, if (...) at all, does genealogical discordance challenge, modify, or revise how we conceive of species? (2) How has growing appreciation of genealogical discordance impacted scientific practice? Of systematics in particular? (3) How do lineages at different levels diverge and diversify? All told, genealogical discordance enriches and complicates our taxonomic ontology, as well as the practice of reconstructing phylogenies. This presents both challenges and opportunities for the study of divergence and diversification. (shrink)

Every problem of dirty hands is a moral conflict in which a highly unpalatable course of conduct is chosen for the sake of fulfilling a stringent moral duty, and in which either the chosen course of conduct is evil or else it would have been evil in the absence of the exigent circumstances to which it is a response. To support this conception of problems of dirty hands, this paper endeavors to elucidate the nature of moral conflicts and the nature (...) of evil. (shrink)

We often knowingly teach false science. Such a practice conflicts with a prima facie pedagogical value placed on teaching only what’s true. I argue that only a partial dissolution of the conflict is possible: the proper aim of instruction in science is not to provide an armory of facts about what things the world contains, how they interact, and so on, but rather to contribute to an understanding of how science as a human endeavor works and what sorts of facts (...) about the world science aims to provide. Such an aim legislates for an increased prominence of history and philosophy in even secondary science education. (shrink)

Psychology has a long past, yet its real history is short. For thousands of years it has existed and has been growing older; but in the earlier part of this period it cannot boast of any continuous progress toward a riper and richer development. In the fourth century before our era that giant thinker, Aristotle, built it up into an edifice comparing very favorably with any other science of that time. But this edifice stood without undergoing any noteworthy changes or (...) extensions, well into the eighteenth or even the nineteenth century. Only in recent times do we find an advance, at first slow but later increasing in rapidity, in the development of psychology. The general causes which checked the progress of this science and thus made it fall behind the others can readily be stated:— "The boundaries of the Soul you cannot find, though you pace off all its streets, so deep a foundation has it," runs a sentence of Heraclitus, and it hits the truth more fully than its author could ever have expected. The structures and functions of our mental life present the greatest difficulties to scientific investigation, greater even than those presented by the phenomena, in many respects{4} similar, of the bodily life of the higher organisms. These structures and processes change so unceasingly, are so fleeting, so enormously complex, and dependent on so many factors hidden yet undoubtedly influential, that it is difficult even to seize upon them and describe their true substance, still more difficult to gain an insight into their causal connections and to understand their significance. We are just now beginning to recognize the full force of these difficulties. (shrink)

In this paper, I consider ways of responding to critiques of natural kinds monism recently suggested from the pluralist camp. Even if monism is determined to be untenable in certain domains (say, about species), it might well be tenable in others. Chemistry is suggested to be such a monist‐friendly domain. Suggestions of trouble for chemical kinds can be defused by attending to the difference between monism as a metaphysical thesis and as a claim about classification systems. Finally, I consider enantiomers (...) as a test case for the monism/pluralism debate. The question of whether enantiomers differ in kind does not appear easily answerable. I suggest that this legislates for pluralism in chemistry. (shrink)

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...) can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (shrink)

During the past several decades, political philosophers have frequently clashed with one another over the question whether governments are morally required to remain neutral among reasonable conceptions of excellence and human flourishing. Whereas the numerous followers of John Rawls have maintained that a requirement of neutrality is indeed incumbent on every system of governance, other philosophers -- often designated as 'perfectionists' -- have argued against the existence of such a requirement. Liberalism with Excellence enters these debates not by plighting itself (...) unequivocally to one side or the other, but instead by reconceiving each of the sides and thus by redirecting the debates that have occurred between them. On the one hand, the book rejects the requirement of neutrality by contending that certain subsidies for the promotion of excellence in sundry areas of human endeavour can be proper and vital uses of resources by governments. Advocating such departures from the constraint of neutrality, the book presents a version of liberalism that can rightly be classified as 'perfectionist'. On the other hand, the species of perfectionism espoused in Liberalism with Excellence diverges markedly from the theories that have usually been so classified. Indeed, much of the book assails various aspects of those theories. What is more, the aspirational perfectionism elaborated in the closing chapters of the volume is reconcilable in most key respects with a suitably amplified version of Rawlsianism. Hence, by reconceiving both the perfectionist side and the neutralist side of the prevailing disputation, Liberalism with Excellence combines and transforms their respective insights. (shrink)

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

In my recent book Liberalism with Excellence, I have expounded at length a conception of warranted self-respect. That conception, which draws heavily though far from uncritically on the scattered passages about self-respect in the writings of John Rawls, is central to my defense of a variety of liberalism that combines and transfigures certain aspects of Rawlsianism and perfectionism. However, it is also central to the positions taken in some earlier books of mine on capital punishment and torture. Although my understanding (...) of warranted self-respect was presented far more briefly or obliquely in each of those earlier books than in Liberalism with Excellence, it in fact underlies both my limited defense of the death penalty and my absolutist insistence that the use of interrogational torture is never morally permissible. The present paper will recount the gist of my conception of warranted self-respect and will then explain how that conception figures pivotally in my ruminations on the diverse matters of political morality that have been mentioned here. (shrink)

Kant's philosophy of arithmetic / by Charles Parsons -- Visual geometry / by James Hopkins -- The proof-structure of Kant's transcendental deduction / by Dieter Henrich -- Imagination and perception / by P.F. Strawson -- Kant's categories and their schematism / by Lauchlan Chipman -- Transcendental arguments / by Barry Stroud -- Strawson on transcendental idealism / by H.E. Matthews -- Self-knowledge / by W.H. Walsh -- The age and size of the world / by Jonathan Bennett.