This book explores two basic questions regarding constitutional theory. First, in view of a commitment to democratic self-rule and widespread disagreement on questions of value, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy? Howard Schweber shows that the answers to these questions appear in a theory of constitutional language that combines democratic theory with constitutional philosophy. (...) The creation of a legitimate constitutional regime depends on a shared commitment to a particular and specialized form of language. Out of this simple observation, Schweber develops arguments about the characteristics of constitutional language, the necessary differences between constitutional language and the language of ordinary law or morality, as well as the authority of officials such as judges to engage in constitutional review of laws. (shrink)

Democracy and Authenticity examines a basic problem for liberal democracies. In a polity that is characterized by real diversity of identities and values, what kinds of justifications are appropriate for coercive government actions? In particular, this book argues that justifications that are based on particular religious or other doctrines that are not accessible to nonadherents cannot be a proper basis for government actions that affect everyone. Instead, the book develops a model of public justification that is intended to guide citizens (...) in a liberal democracy through the work of creating a politics that satisfies their responsiblities to one another. (shrink)

The ArgumentIn the nineteenth century, American legal educators drew on the idea of “legal science” the claim that the study of law was similar to the study of the natural sciences. In this paper, I propose to examine the particular conceptions of “science” that were incorporated into that idea. The primary point of the paper is to argue that in antebellum America, a particular view of the natural sciences dominated public discourse, and it was this conception that was appropriated by (...) contemporaneous legal scientists. Public discussions of natural science in lyceums, surveys, and journals, were carried out in a language grounded in the same religious commitments and the same normative conception of nature that drove the ideology of laissez-faire. Described under the rubric “Protestant Baconianism,” the approach was characterized by commitments to four elements: natural theology; a constrained version of Baconian inductivism; a belief in grand synthesis and proof by analogy; and claims of moral improvement. These elements were typical of the efforts of a particular influential circle of natural scientists and, similarly, of some of the more influential legal scientists in the antebellum period. This article examines the elements of the Protestant Baconian approach that were incorporated into Christopher Columbus Langdell's model of legal science in the 1870s, a model that continues to influence thinking about both legal education and jurisprudence to this day. (shrink)

[This book offers] compilation of examples from TV, newspapers, magazines, advertisements, and our nation's political dialogue.

Infallibilism is the view that a belief cannot be at once warranted and false. In this essay we assess three nonpartisan arguments for infallibilism, arguments that do not depend on a prior commitment to some substantive theory of warrant. Three premises, one from each argument, are most significant: if a belief can be at once warranted and false, then the Gettier Problem cannot be solved; if a belief can be at once warranted and false, then its warrant can be transferred (...) to an accidentally true belief; if a belief can be at once warranted and false, then it can be warranted and accidentally true. We argue that each of these is either false or no more plausible than its denial. Along the way, we offer a solution to the Gettier Problem that is compatible with fallibilism. (shrink)

We show that the theory of the partial order of computably enumerable equivalence relations (ceers) under computable reduction is 1-equivalent to true arithmetic. We show the same result for the structure comprised of the dark ceers and the structure comprised of the light ceers. We also show the same for the structure of L-degrees in the dark, light, or complete structure. In each case, we show that there is an interpretable copy of (N, +, \times) .

Questions the research, assumptions, and intention behind Danish statistician Bj²rn Lomborg's attacks on peer-reviewed scientific theories of global warming.

In this chapter I defend a methodological view about how we should conduct substantive ethical inquiries in the fields of normative and practical ethics. I maintain that the direct plausibility and implausibility of general ethical principles – once fully clarified and understood – should be foundational in our substantive ethical reasoning. I argue that, in order to expose our ethical intuitions about particular cases to maximal critical scrutiny, we must determine whether they can be justified by directly plausible principles. To (...) expose apparently plausible principles to maximal critical scrutiny, we must determine whether their direct plausibility can survive careful clarification of what they are really saying. This means that intuitions about cases are useful only in (a) suggesting principles that must stand on their own two feet, and (b) illustrating or otherwise helping us clarify what a principle is really saying. We should not reject principles that seem most directly plausible after we have fully clarified their content simply because they conflict with our intuitions about cases, because to do so is to side with uncritical prejudices over the teachings of critical scrutiny. (shrink)

Howard J. Curzer presents a fresh new reading of Aristotle's Nicomachean Ethics, which brings each of the virtues alive. He argues that justice and friendship are symbiotic in Aristotle's view; reveals how virtue ethics is not only about being good, but about becoming good; and describes Aristotle's ultimate quest to determine happiness.

Some rules seem more important than others. The moral rule to keep promises seems more important than the aesthetic rule not to wear brown with black or the pool rule not to scratch on the eight ball. A worrying number of metaethicists are increasingly tempted to explain this difference by appealing to something they call “authoritative normativity” – it’s because moral rules are “authoritatively normatively” that they are especially important. The authors of this chapter argue for three claims concerning “authoritative (...) normativity”: (1) that motivation for it originates in a parochial conception of “normative flavours”; (2) that arguments against alternative ways of explaining e.g., morality’s importance are overblown; and (3) that there are strong reasons against theorizing in terms of “authoritative normativity”. The overarching aim is not to show that “authoritative normativity” is incoherent or entirely unmotivated. Rather, it is to discuss some of “authoritative normativity’s” deeper commitments to correct the impression that is it largely benign or that it is entailed by familiar and popular “metanormative” positions. Authoritative normativity, it seems to us, is a solution in search of a problem. (shrink)

From the scorched-earth works of action-movie provocateurs Seijun Suzuki and Sam Peckinpah to the cargo cult soundscapes of Pere Ubu and the Czech dissidents ...

Stories and legends in which animals teach ethical behavior from a Jewish perspective.

This fascinating and thought-provoking book provides much-needed philosophical background for counselors, therapists, and healthcare workers looking for broader, deeper foundations in the struggle to help and make sense of others. While examining the best among 20th century philosophy it shows the wealth of inspiration of earlier centuries, and demonstrates with remarkable clarity the way in which the ideas of, and the relations between, these philosophers can inspire, inform, and underpin much of counseling and psychotherapy.

Several stages can be identified in Darwin's effort to formulate natural selection. The first stage corresponded, roughly speaking, to the period up to 1844. It was characterized by Darwin's attempt to base his model of geographic speciation on an individualistic dynamics, with species understood as reproductively isolated populations. Toward the end of this period, Darwin's ignorance of the laws of variations and heredity led him to adopt varieties and species as the units of variations. This had the extremely important effect (...) of stimulating him to consider the process of speciation as involving populations. At the end of this period, Darwin also began to regard adaptation as being exclusively toward places in the economy of nature. Thus he faced the problem of integrating the process of natural selection with the process of speciation. Individual variants were the units that fueled the first process, whereas varieties produced new speices. There was no link between adaptation and speciation, except whatever could be supplied by a quasi-historical, developmental idea of optimizing the amount of life.In the second stage, I contend, Darwin's reading of Milne-Edwards crystallized his previous insights into a coherent whole. Milne-Edwards' comments on the advantage of functional specialization could readily be understood in terms of the advantage accruing to the individual, relative to other members of its species, from occupying a different niche. Milne-Edwards' discussion of the division of labor suggested that organisms which moved into unoccupied niches would enjoy reduced competition, and hence a differential advantage in survival and reproduction; thus they would induce the species to do likewise. Rather than base his explanation on an analogy with the artificial economy, Darwin chose the principle of the optimalization of the amount of life per unit area as the overall explanatory principle. The difficulties connected with integrating different levels of description were therefore circumvented, insofar as the problem of diversity and speciation was concerned. Although natural selection considered individuals as the units of selection, and the units of variations were varieties and species, the dynamics of the process understood in terms of natural selection, competition, division of labor and niches could give a plausible account of how individual advantage could be transferred to the species, and how diversity resulted from this mechanism. The problem of the different levels of descriptions was confined to how the properties of variations in individuals (in particular, the frequency of variations and their transmission) were responsible for the assumed variability characteristic of varieties and species. This problem Darwin never solved.A third stage occurred in 1858 with the amalgamation of the tree-of-life vizualization of the process of speciation. Speciation, geographic distribution, and systematics were all then embedded in a conceptual matrix with vast explanatory powers. (shrink)

In this new lexical survey of Kant's works, Howard Caygill presents Kantian concepts and terminology in terms that will introduce and clarify his ideas for students and general readers alike.

This book explores the controversial relationship between physicians and the pharmaceutical industry, identifies the ethical tensions and controversies, and proposes numerous reforms both for medicine's own professional integrity and for effective public regulation of the industry.

Howard Caygill systematically explores for the first time the relationship between Levinas' thought and the political. From Levinas' early writings in the face of National Socialism to controversial political statements on Israeli and French politics, Caygill analyses themes such as the deconstruction of metaphysics, embodiment, the face and alterity. He also examines Levinas' engagement with his contemporaries Heidegger and Bataille, and the implications of his rethinking of the political for an understanding of the Holocaust.

"Annual dinner and act golden gavel competition." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (194), pp. 18.

Last year the editors of Signs: Journal of Women in Culture and Society invited feminists worldwide to comment on the millennial transition. Representing a disciplinary and generational range of writers, the resulting collection is at turns inspiring, troubling, provocative, despairing, celebratory. Some of the essays give voice to anxieties, others are more hopeful some reflect back, others look forward. Many of these fifty-plus short essays speak to themes of gender, nationality, global independence, transnational corporate domination, racial and ethnic identities, and (...) complex intersections among these systems. Readers will find eye-opening writing that is thoughtful, committed, and passionate about feminist futures. (shrink)

The book is a comparative analysis of all the major social science/political science grand theories. It focuses on developmentalism, dependency theory, the world systems approach, Marxism, institutionalism, rational choice, psychoanalysis, political sociology, sociobiology, environmentalism, neuro-politics, transitions to democracy, and non-Western systems of analysis. To facilitate comparison and analysis, a common framework and outline are employed throughout. An integrating introduction and conclusion help tie the book together.

This book attempts to synthesize two apparently contradictory views of psychology: as the science of internal mental mechanisms and as the science of complex external behavior. Most books in the psychology and philosophy of mind reject one approach while championing the other, but Rachlin argues that the two approaches are complementary rather than contradictory. Rejection of either involves disregarding vast sources of information vital to solving pressing human problems--in the areas of addiction, mental illness, education, crime, and decision-making, to name (...) but a few. Where previous books have focused either on psychology as an abstract science of the mind or as a strictly empirical approach to behavioral problems, this is the only book that attempts to show how the best modern theoretical work on mental mechanisms relates to the best modern empirical work on complex behavioral problems. It will be of considerable interest to psychologists and philosophers across many disciplines and perspectives. (shrink)

There seem to be two kinds of pain: fundamental pain, the intensity of which is a direct function of the intensity of various pain stimuli, and pain, the intensity of which is highly modifiable by such factors as hypnotism, placebos, and the sociocultural setting in which the stimulus occurs.

The loss of the federally protected constitutional right to an abortion is a threat to the already tenuous autonomy of pregnant people, and may augur future challenges to their right to refuse unwanted obstetric interventions. Even before Roe’s demise, pregnancy led to constraints on autonomy evidenced by clinician-led legal incursions against patients who refused obstetric interventions. In Dobbs v. Jackson Women’s Health Organization, the Supreme Court found that the right to liberty espoused in the Constitution does not extend to a (...) pregnant person’s right to an abortion. With Roe’s demise, the right to request specific types of care has been vitiated. The same argument underpinning that holding may now become ballast for attacks on the traditionally more robust right, the right to refuse. Here we discuss how the elevation of fetal and embryonic rights may lead to a cascade of medical intrusions and deprivations of liberty against pregnant persons, and offer an argument opposing these improprieties. (shrink)

In challenging the prevailing paradigm for understanding how the human mind works, Patterns, Thinking, and Cognition is certain to stimulate fruitful debate.

An exploration of Immanuel Kant's account of war and the controversies that have arisen from its interpretation. This book brings the ideas of Kant's critical philosophy to bear on one of the leading political and legal questions of our age: under what circumstances, if any, is recourse to war legally and morally justifiable?

Self-control, so important in the theory and practice of psychology, has usually been understood introspectively. This target article adopts a behavioral view of the self (as an abstract class of behavioral actions) and of self-control (as an abstract behavioral pattern dominating a particular act) according to which the development of self-control is a molar/molecular conflict in the development of behavioral patterns. This subsumes the more typical view of self-control as a now/later conflict in which an act of self-control is a (...) choice of a larger but later reinforcer over a smaller but sooner reinforcer. If at some future time the smaller-sooner reinforcer will be more valuable than the larger-later reinforcer, self-control may be achieved through a commitment to the largerlater reinforcer prior to that point. According to some, there is a progressive internalization of commitment in the development of self-control. This presents theoretical and empirical problems. In two experiments temporal patterning of choices increased self-control. (shrink)