In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to (...) the scientific method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

The paper argues that members of future generations have an entitlement to natural resources equal to ours. Therefore, if a currently living individual destroys or degrades natural resources then he must pay compensation to members of future generations. This compensation takes the form of “primary goods” which will be valued by members of future generations as equally useful for promoting the good life as the natural resources they have been deprived of. As a result of this policy, each generation inherits (...) a “Commonwealth” of natural resources plus compensation. It is this inherited “Commonwealth” which members of that generation must then pass on to members of the next generation. Once this picture is accepted, the standard bundle of property rights is problematic, for it takes the owner of a constituent of the Commonwealth to have the right to “waste, destroy or modify” that item at will. This paper therefore presents a revised set of property rights which takes seriously the idea that each generation has an equal claim on the resources that nature has bequeathed us, whilst allowing certain effects on those natural resources by each generation, and a degree of exclusive use of those natural resources owned by an individual. (shrink)

Ronald Dworkin famously argued that legal positivism is a defective account of law because it has no account of Theoretical Disagreement. In this article I argue that legal positivism—as advanced by H.L.A. Hart—does not need an account of Theoretical Disagreement. Legal positivism does, however, need a plausible account of interpretation in law. I provide such an account in this article.

This chapter discusses the theory of international law. In analytic jurisprudence, at least since the latter half of the twentieth century, the primary debate in general jurisprudence has been between legal positivism and its most ardent critic, Ronald Dworkin. The positivist tradition is represented here by its two most important theorists, Hans Kelsen and H.L.A. Hart. During their careers, Kelsen and Hart clashed over the best understanding of legal positivism. For his part, Dworkin devoted the bulk of his (...) critical attention to Hart's work. The chapter also focuses on the way in which each theorist builds his view of international law against the background of a more general jurisprudence. Hart argues that the differences between international law and municipal law might eventually be overcome. International law might be in a stage of transition that will bring it nearer in structure to a municipal system. (shrink)

What is intellectual humility? In this essay, we aim to answer this question by assessing several contemporary accounts of intellectual humility, developing our own account, offering two reasons for our account, and meeting two objections and solving one puzzle.

The compatibility of evolution with Aristotelian-Thomistic metaphysics is defended in response to Fr. Michal Chaberek’s thesis of incompatibility. The motivation and structure of Darwin’s theory are reviewed, including the roles of secondary causality, randomness and necessity. “Randomness” is an analogous term whose evolutionary use, while challenging, is fully compatible with theism. Evolution’s necessity derives from the laws of nature, which are intentional realities, the vehicle of divine providence. Methodological analysis shows that metaphysics lacks the evidentiary basis to judge biological theories. (...) Species are entia rationis whose immutability does not conflict with the evolutionary succession of biological populations. While Darwin’s theory was unknown to Aquinas, he endorses the possibility of new species immanent in the initial state of the universe, nor does his understanding of exemplar ideas offer ground for objection. Finally, five arguments given by Fr. Chaberek are answered. (shrink)

The central task of this dissertation is to develop a new interpretation of Leibniz's famous claim that there are no purely extrinsic denominations . Though Leibniz regarded NPE as one of his most important doctrines, he nowhere offers an explicit statement as to what he meant by it. One interpretation of NPE, which enjoys a modest consensus among interpreters, is that all extrinsic denominations reduce to intrinsic denominations. According to the reductionist view, things only have intrinsic denominations as properties; extrinsic (...) denominations are not genuine properties of things. Critics of reductionism have argued that the textual case for it is inconclusive at best, and I share this assessment with them. However, in my opinion, a satisfactory non-reductionist understanding of NPE has not been offered. The goal of my dissertation is to provide such a non-reductionist account. I contend that NPE, far from being a claim of the reducibility of extrinsic denominations, is actually an assertion that extrinsic denominations are genuine properties of the things they denominate. ;To establish my reading of NPE, I examine a line of textual evidence to which interpreters have paid little attention: the way Leibniz argues for NPE. In some passages Leibniz derives NPE from his predicate-in-subject principle of truth. In others, he employs his doctrine of the interconnection of all things to reach NPE. Elsewhere, he bases NPE on the principle of the identity of indiscernibles. Though, as mentioned, Leibniz never explicitly defines NPE, he does have much to say by way of explicit definition of each of these three principles. A consideration of what version of NPE could plausibly be drawn from them is thus a revealing way to proceed. In the case of each argument, I show that my interpretation of NPE is the conclusion naturally suggested by the given principle, while the reductionist version of NPE forms only an awkward, textually implausible fit with it. The result of the examination is an original and serious critique of the reductionist reading of NPE, as well as the development of a far more plausible understanding of that claim. (shrink)

This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it is (...) wrong to assume such a connection, but it is suggested that Green has failed to recognise the connection that can be established between the two disciplines due to the particular way in which law as a practice uses words. The reasons given by Green for seeking to maintain a distinction between ordinary language practice and the language practice of the law are considered and rejected in part I of the essay. The general conclusion is reached that, irrespective of which position is adopted in the philosophy of law, at the point of judgment the philosophy of law and the philosophy of language are inextricably linked in being concerned to account for the same practice. Part II of the essay considers the basic issues for the philosophy of language addressed in Green's article, which are concerned with the search for the mechanism which links a particular meaning to a word. One reading of Wittgenstein's rule skepticism, supported by Dennis Patterson, is to reject the existence of any mechanism interrupting the direct connection between the capacity we possess in our language practice and the capacity we possess in the practice to which our language refers. Patterson provides another target for Green's allegation that theorists who take a position in the philosophy of law from their position in the philosophy of language are committing a fallacy. However, it is pointed out that within the Patterson-Wittgenstein position, there is no possibility of moving from one position to the other since both positions are already necessarily connected. The remaining discussion in Part II then explores the apparently common connection between law and language established within the practice of judgment and within the general view of the nature of language favoured in Patterson's reading of Wittgenstein. It is argued that Wittgenstein's philosophical method may maintain a connection between law and language, and the positions adopted within their respective philosophies, but is incapable of resolving the controversy between competing views of how law/"law" should be understood. By contrast, the practice of judgment is used precisely to resolve controversy. Although this judgment is concerned primarily with a specific part of the law, its significance extends to how we regard the philosophical endeavours that need to provide an account of it. This provides lessons for both the philosophy of language and the philosophy of law. (shrink)

ABSTRACT David Hume’s attacks on causality and induction along with his celebrated is-ought dichotomy dealt a blow to the human mind from which Western civilization has never fully recovered. Centuries after his death, Hume remains immensely popular among academic philosophers, which only bolsters the myth that his skeptical arguments are unanswerable. In fact, his arguments are seriously flawed. The first part of this paper clarifies the basics of Hume’s philosophy, focusing on the epistemology in the Treatise and Enquiry. The second (...) part exposes the mistaken premises and assumptions in Hume’s arguments, demonstrating how Objectivism redeems the validity of human knowledge. (shrink)

Philosophical naturalists claim macroevolution shows order emerging by pure chance. This claim is incompatible with accepted physical and biological principles. The present state of the universe is implicit in its initial state and the laws ofnature. Logical principles essential to science require these laws to be maintained by a self-conserving reality identifiable as God. Further, the laws share a common dynamic with human committed intentions. Both are logical propagators seen to the intentional by theists and naturalists alike. Mechanism and teleology (...) project a single reality into different conceptual spaces. Statistically, evolution is only possible given predefined goals. For fitness to be explanatory, it must be prior to survival events, entailing immanent goals verified by convergent evolution, toolkit genes, and evolutionary stasis. Aristotle's falsifiable claims for teleology are confirmed by evolution. Evolution is not random, but fully intentional, evidencing mind in nature. (shrink)

Is it possible to measure psychological attributes like intelligence, personality and attitudes and if so, how does that work? What does the term 'measurement' mean in a psychological context? This fascinating and timely book discusses these questions and investigates the possible answers that can be given response. Denny Borsboom provides an in-depth treatment of the philosophical foundations of widely used measurement models in psychology. The theoretical status of classical test theory, latent variable theory and positioned in terms of the underlying (...) philosophy of science. Special attention is devoted to the central concept of test validity and future directions to improve the theory and practice of psychological measurement are outlined. (shrink)

This paper extends several themes from recent work on norms of assertion. It does as much by applying those themes to the speech act of asking. In particular, it argues for the view that there is a species of asking which is governed by a certain norm, a norm to the effect that one should ask a question only if one doesn’t know its answer.

In the past decades, reductionism has dominated both research directions and funding policies in clinical psychology and psychiatry. The intense search for the biological basis of mental disorders, however, has not resulted in conclusive reductionist explanations of psychopathology. Recently, network models have been proposed as an alternative framework for the analysis of mental disorders, in which mental disorders arise from the causal interplay between symptoms. In this target article, we show that this conceptualization can help explain why reductionist approaches in (...) psychiatry and clinical psychology are on the wrong track. First, symptom networks preclude the identification of a common cause of symptomatology with a neurobiological condition; in symptom networks, there is no such common cause. Second, symptom network relations depend on the content of mental states and, as such, feature intentionality. Third, the strength of network relations is highly likely to depend partially on cultural and historical contexts as well as external mechanisms in the environment. Taken together, these properties suggest that, if mental disorders are indeed networks of causally related symptoms, reductionist accounts cannot achieve the level of success associated with reductionist disease models in modern medicine. As an alternative strategy, we propose to interpret network structures in terms of D. C. Dennett's (1987) notion ofreal patterns, and suggest that, instead of being reducible to a biological basis, mental disorders feature biological and psychological factors that are deeply intertwined in feedback loops. This suggests that neither psychological nor biological levels can claim causal or explanatory priority, and that a holistic research strategy is necessary for progress in the study of mental disorders. (shrink)

A selection of important writings which together suggest that legal philosophy is the nerve of legal reasoning.

A defense of the principle of double-effect.

The current research investigates how religiosity can influence unethicality in a consumption context. In particular, considering the link between extrinsic religious orientations and unethicality, this research clarifies why and when extrinsic religiosity leads to unethical decisions. Across two studies, findings show that ethnocentrism is both a mediator and a moderator of the effects of extrinsic religiosity on consumers’ ethical judgments. This is because extrinsic religiosity leads to ethnocentrism, and in-group loyalty manifested through ethnocentrism increases support for unethical consumer actions, thus (...) establishing ethnocentrism as a mediator. At the same time, different levels of ethnocentrism can also influence how extrinsic religiosity leads to supporting unethical consumption via self-righteousness, thus establishing ethnocentrism as a moderator. The findings from this research have significant implications for diverse stakeholders who have an interest in religiosity and consumer behavior. (shrink)

Various studies on the impact of religiousness on consumer ethics have produced mixed results and suggested further clarification on the issue. Therefore, this article examines the effect of religiousness, materialism, and long-term orientation on consumer ethics in Indonesia. The results from 356 respondents in Indonesia, the largest Muslim population in the world, showed that intrinsic religiousness positively affected consumer ethics, while extrinsic social religiousness negatively affected consumer ethics. However, extrinsic personal religiousness did not affect consumer ethical beliefs dimensions. Unlike other (...) studies in developed countries, materialism and long-term orientation influenced only a few of the consumer ethical beliefs dimensions in this study. To date, the study is one of the first empirical studies to explore the impact of religiousness on consumer ethics in Indonesia. The study contributes to the debate on the impact of religiousness on consumer ethics and can assist managers and public policymakers in their effort to mitigate unethical consumer activities in Indonesia. (shrink)

The chapter discusses the various ways in which ethical theory and moral practice relate to one another. Various proposals are discussed and evaluated, such as that the relation is a deductive one, that the relation is one of norm-specification, or that the theory provides multiple moral principles that must be balanced against one another. The author makes some suggestions on how the relation between theory and practice should be understood.

The story of the greatest of all philosophical friendships—and how it influenced modern thought David Hume is widely regarded as the most important philosopher ever to write in English, but during his lifetime he was attacked as “the Great Infidel” for his skeptical religious views and deemed unfit to teach the young. In contrast, Adam Smith was a revered professor of moral philosophy, and is now often hailed as the founding father of capitalism. Remarkably, the two were best friends for (...) most of their adult lives, sharing what Dennis Rasmussen calls the greatest of all philosophical friendships. The Infidel and the Professor is the first book to tell the fascinating story of the friendship of these towering Enlightenment thinkers—and how it influenced their world-changing ideas. The book follows Hume and Smith’s relationship from their first meeting in 1749 until Hume’s death in 1776. It describes how they commented on each other’s writings, supported each other’s careers and literary ambitions, and advised each other on personal matters, most notably after Hume’s quarrel with Jean-Jacques Rousseau. Members of a vibrant intellectual scene in Enlightenment Scotland, Hume and Smith made many of the same friends, joined the same clubs, and were interested in many of the same subjects well beyond philosophy and economics—from psychology and history to politics and Britain’s conflict with the American colonies. The book reveals that Smith’s private religious views were considerably closer to Hume’s public ones than is usually believed. It also shows that Hume contributed more to economics—and Smith contributed more to philosophy—than is generally recognized. Vividly written, The Infidel and the Professor is a compelling account of a great friendship that had great consequences for modern thought. (shrink)

Recent decades have seen a revived interest in super-substantivalism, the idea that spacetime is the only fundamental substance and matter some kind of aspect, property or consequence of spacetime structure. However, the metaphysical debate so far has misidentified a particular variant of super-substantivalism with the position per se. I distinguish between a super-substantival core commitment and different ways of fleshing it out. I then investigate how general relativity and alternative spacetime theories square with the different variants of super-substantivalism.

In The Elm and the Expert, Jerry Fodor tries to reconcile three philosophical positions he is presently committed to: a computational theory of mind, intentional realism and a denotational theory of meaning. One problem he faces is this: a denotational semantics, according to which the meaning of a singular term like a name is exhausted by its referent, seems to rule out there being true intentional generalizations, or generalizations which advert to the contents of a subject's mental states. That there (...) are such true generalizations is a major element in Fodor's intentional realism. Accordingly, Fodor is forced to find a way of dissolving this apparent incompatibility. This paper looks at his attempts to do so and concludes that they fail. (shrink)

I argue that, contrary to folklore, Einstein never really cared for geometrizing the gravitational or the electromagnetic field; indeed, he thought that the very statement that General Relativity geometrizes gravity "is not saying anything at all". Instead, I shall show that Einstein saw the "unification" of inertia and gravity as one of the major achievements of General Relativity. Interestingly, Einstein did not locate this unification in the field equations but in his interpretation of the geodesic equation, the law of motion (...) of test particles. (shrink)

The Aristotelian dictum that desire is the starting point of practical reasoning that ends in action can of course be denied. Its denial is a commonplace of moral theory in the tradition of Kant. But in this essay I am concerned with that issue only indirectly. I shall not contend that rational action always or necessarily does involve desire as its starting point; nor shall I deny it. My question concerns instead the possibility of its ever beginning in desire. For (...) there is a question whether it is even possible for reasoning to begin in desire, a question arising from the nature of desire and its objects, which to my knowledge has not been articulated. If we can see how desire can provide the arche of action, then we can consider later, and from that vantage point, whether it is necessary that it should do so. It will, I think, be possible eventually to argue that if practical reasoning has the character it must have, if it can begin in desire, then its starting point can be nothing but desire. (shrink)

Abstract:This study explores a phenomenon that has been shown to adversely affect managers’ decisions—competitive irrationality. Managers are irrationally competitive in their decisions when they focus on damaging the profits of competitors, rather than improving their own profit performance. Studies by Armstrong and Collopy (1996) and Griffith and Rust (1997) suggest that the phenomenon is common but not universal. We examine the question of why some individuals exhibit competitive irrationality when making decisions, while others do not by focusing on four aspects (...) of moral philosophy—deontological orientation, cognitive moral development, idealism, and relativism. Results suggest that individuals high in deontological orientation, high in cognitive moral development, high in idealism, and low in relativism will be less competitively irrational than those who are not. (shrink)

In this first book-length comparative study of these leading eighteenth-century thinkers, Dennis Rasmussen highlights Smith's sympathy with Rousseau's concerns and analyzes in depth the ways in which Smith crafted his arguments to defend ...

I discuss the relationship between different versions of the equivalence principle in general relativity, among them Einstein's equivalence principle, the weak equivalence principle, and the strong equivalence principle. I show that Einstein's version of the equivalence principle is intimately linked to his idea that in GR gravity and inertia are unified to a single field, quite like the electric and magnetic field had been unified in special relativistic electrodynamics. At the same time, what is now often called the strong equivalence (...) principle, related to the local validity of special relativity, can also be found in Einstein's writings, albeit by a different name and clearly separated from what he calls the equivalence principle. I discuss both the development of Einstein's thoughts on the different versions of the equivalence principle, their relationship to the relativity principle, as well as later reflections and variants proposed. (shrink)

I argue that recent attempts to vindicate blame have failed to fully face the vengeful feelings and angry outbursts that have led to scepticism about blame’s ethical status. This paper ende...

Adam Smith is popularly regarded as the ideological forefather of laissez-faire capitalism, while Rousseau is seen as the passionate advocate of the life of virtue in small, harmonious communities and as a sharp critic of the ills of commercial society. But, in fact, Smith had many of the same worries about commercial society that Rousseau did and was strongly influenced by his critique. In this first book-length comparative study of these leading eighteenth-century thinkers, Dennis Rasmussen highlights Smith’s sympathy with (...) Rousseau’s concerns and analyzes in depth the ways in which Smith crafted his arguments to defend commercial society against these charges. These arguments, Rasmussen emphasizes, were pragmatic in nature, not ideological: it was Smith’s view that, all things considered, commercial society offered more benefits than the alternatives. Just because of this pragmatic orientation, Smith’s approach can be useful to us in assessing the pros and cons of commercial society today and thus contributes to a debate that is too much dominated by both dogmatic critics and doctrinaire champions of our modern commercial society. (shrink)

Concerns about exploiting the poor or economically disadvantaged in clinical research are widespread in the bioethics community. For some, any research that involves economically disadvantaged individuals is de facto ethically problematic. The economically disadvantaged are thought of as “venerable” to exploitation, impaired decision making, or both, thus requiring either special protections or complete exclusion from research. A closer examination of the worries about vulnerabilities among the economically disadvantaged reveals that some of these worries are empirically or logically untenable, while others (...) can be better resolved by improved study designs than by blanket exclusion of poorer individuals from research participation. The scientific objective to generate generalisable results and the ethical objective to fairly distribute both the risks and benefits of research oblige researchers not to unnecessarily bar economically disadvantaged subjects from clinical research participation. (shrink)

The problem of foreknowledge and freedom presents a challenge to the defender of traditional Western theism. Nelson Pike has argued that the existence of an essentially omniscient God who possesses foreknowledge is incompatible with human freedom. Pike's opponents in this matter, among whom is Alvin Plantinga, argue that no incompatibility has yet been shown. I shall develop the view that neither Pike nor his opponents have conclusively settled the question whether foreknowledge and freedom are compatible. Furthermore there is a reason (...) why the issue has not been, and may never be, conclusively settled: it is an inherently paradoxical issue. To aid in demonstrating this point I shall discuss a modified version of a paradox that has come to be known as Newcomb's Problem. (shrink)