Does a proper understanding of the role of philosophical inquiry and its re- lation to scientific inquiry entail that we should replace conceptual analysis with another methodology? Brian Leiter supports that conclusion by offer- ing a methodological criticism of recent analytical legal philosophy. I argue that Leiter’s proposal for breaking the deadlock of the Hart/Raz debate by supporting an exclusivist account of the rule of recognition on the grounds of its social-scientific utility leads to an unduly narrow conception of (...) the rel- evant features of a legal system.Resumen:¿Acaso una comprensión apropiada del papel del quehacer filosófico y su relación con la investigación científica implica que deberíamos reemplazar el análisis conceptual por alguna otra metodología? Brian Leiter responde que sí al ofrecer una crítica metodológica a la filosofía del derecho analítica reciente. El autor sostiene que la propuesta de Leiter para destrabar el debate Hart/Raz, consistente en apoyar una versión excluyente de la regla de reconocimiento sobre la base de su utilidad socio-científica, nos dirige hacia una concepción sumamente estrecha de las características relevantes de un sistema jurídico. (shrink)

Making the perspective of insiders critical to a theory of law, including particularly those who accept and enforce legal standards, has been the hallmark of corrections to John Austin’s theory at least since Hart’s The Concept of Law. Burge-Hendrix’s book continues this tradition and brings its insights to bear on the particular dispute between inclusive and exclusive positivists. That being said, the project has always seemed to me to be incomplete. If the participant’s perspective is indeed the critical one, (...) then the recognition that participants make normative claims about the concept of law itself surely deserves its own proper place in a legal theory. Those normative claims about law range, at the very least, from claims that coercion is justified to claims of authority. If these claims turn out to be false in cases of laws that are extremely unjust, then either they are not “laws” at all according to the participants' own views Or, participants will have to give up their normative claims about law and recognize that all that counts is pedigree and the power to coerce. In that case, we will be back to Austin’s coercive account of law, and much of the dispute between exclusive and inclusive positivists will be irrelevant. (shrink)

Scholarly attempts to analyze the history of science sometime suffer from an imprecise use of terms. In order to understand accurately how science has developed and from where it draws its roots, researchers should be careful to recognize that epistemic regimes change over time and acceptable forms of knowledge production are contingent upon the hegemonic discourse informing the epistemic regime of any given period. In order to understand the importance of this point, I apply the techniques of historical epistemology to (...) an analysis of the place of the study of astrology in the medieval and early modern periods alongside a discussion of the “language games” of these period as well as the role of the “archeology of knowledge” in uncovering meaning in our study of the past. In sum, I argue that the term “science” should never be used when studying approaches to knowledge formation prior to the seventeenth century. (shrink)

Brian Leftow offers a theist theory of necessity and possibility, and a new sort of argument for God's existence. He argues that necessities of logic and mathematics are determined by God's nature, but that it is events in God's mind - his imagination and choice - that account for necessary truths about concrete creatures.

A textbook on modal logic, intended for readers already acquainted with the elements of formal logic, containing nearly 500 exercises. Brian F. Chellas provides a systematic introduction to the principal ideas and results in contemporary treatments of modality, including theorems on completeness and decidability. Illustrative chapters focus on deontic logic and conditionality. Modality is a rapidly expanding branch of logic, and familiarity with the subject is now regarded as a necessary part of every philosopher's technical equipment. Chellas here offers (...) an up-to-date and reliable guide essential for the student. (shrink)

As adults age, their performance on many psychometric tests changes systematically, a finding that is widely taken to reveal that cognitive information-processing capacities decline across adulthood. Contrary to this, we suggest that older adults'; changing performance reflects memory search demands, which escalate as experience grows. A series of simulations show how the performance patterns observed across adulthood emerge naturally in learning models as they acquire knowledge. The simulations correctly identify greater variation in the cognitive performance of older adults, and successfully (...) predict that older adults will show greater sensitivity to fine-grained differences in the properties of test stimuli than younger adults. Our results indicate that older adults'; performance on cognitive tests reflects the predictable consequences of learning on information-processing, and not cognitive decline. We consider the implications of this for our scientific and cultural understanding of aging. (shrink)

A theoretical and sociological exploration of the relationship between law and society, this book constructs an approach to law that integrates legal theory with sociological approaches to law. Law is generally understood to be a mirror of society--a reflection of its customs and morals--that functions to maintain social order. Focusing on this common understanding, the book conducts a survey of Western legal and social theories about law and its relationship within society, engaging in a theoretical and empirical critique of this (...) common understanding. (shrink)

In the first full-length analysis of Wittgenstein's Remarks on Frazer's Golden Bough, Brian R. Clack presents a fresh and innovative interpretation of Wittgenstein's conception of religion. While previous commentators have tended to sideline the Remarks on Frazer, Clack shows how the key to Wittgenstein's thought on religion lies in these remarks on primitive magico-religious observances. This book shows that Wittgenstein neither embraces expressivism, as it is generally assumed, nor straightforwardly denies instrumentalism. Focusing instead on Wittgenstein's suggestion that magic is (...) somehow akin to metaphysics, a view of ritual as the spontaneous expression of human beings is presented. (shrink)

The Westermarck effect (sexual inhibition among individuals raised together) is argued to be mediated olfactorily. Various animals, including humans, distinguish among individuals by scent (significantly determined by MHC genotype), and some avoid cosocialized associates on this basis. Possible models of olfactory mechanisms in humans are evaluated. Evidence suggests aversions develop during an early sensitizing period, attach to persons as much as to their scents, and are more powerful among females than among males. Adult to child aversions may develop similarly, but (...) more likely result from stimulus generalization. This hypothesis accords with current evidence and yields testable predictions (e.g., anosmia will prevent inhibition) that, should they be supported, will conclusively ground the Westermarck effect in a biological mechanism. (shrink)

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate (...) in pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

Pt. I. Zeno and the metaphysics of quantity. Zeno's paradox of measure -- Tractarian nominalism -- Logical atoms and combinatorial possibility -- Strict coherence, sigma coherence, and the metaphysics of quantity -- pt. II. Coherent degrees of belief. Higher-order degrees of belief -- A mistake in dynamic coherence arguments? -- Dynamic coherence and probability kinematics -- Updating, supposing, and MAXENT -- The structure of radical probabilism -- Diachronic coherence and radical probabilism -- pt. III. Induction. Carnapian inductive logic for Markov (...) chains -- Carnapian inductive logic and Bayesian statistics -- Bayesian projectability. (shrink)

We live in a world of crowds and corporations, artworks and artifacts, legislatures and languages, money and markets. These are all social objects — they are made, at least in part, by people and by communities. But what exactly are these things? How are they made, and what is the role of people in making them? In The Ant Trap, Brian Epstein rewrites our understanding of the nature of the social world and the foundations of the social sciences. Epstein (...) explains and challenges the three prevailing traditions about how the social world is made. One tradition takes the social world to be built out of people, much as traffic is built out of cars. A second tradition also takes people to be the building blocks of the social world, but focuses on thoughts and attitudes we have toward one another. And a third tradition takes the social world to be a collective projection onto the physical world. Epstein shows that these share critical flaws. Most fundamentally, all three traditions overestimate the role of people in building the social world: they are overly anthropocentric. Epstein starts from scratch, bringing the resources of contemporary metaphysics to bear. In the place of traditional theories, he introduces a model based on a new distinction between the grounds and the anchors of social facts. Epstein illustrates the model with a study of the nature of law, and shows how to interpret the prevailing traditions about the social world. Then he turns to social groups, and to what it means for a group to take an action or have an intention. Contrary to the overwhelming consensus, these often depend on more than the actions and intentions of group members. (shrink)

Almost every country today contains adherents of different religions and different secular conceptions of the good life. Is there any alternative to a power struggle among them, leading most probably to either civil war or repression? The argument of this book is that justice as impartiality offers a solution. According to the theory of justice as impartiality, principles of justice are those principles that provide a reasonable basis for the unforced assent of those subject to them. The object of this (...) book is to set the theory out, explain its rationale, and respond to a variety of criticism that have been made of it. As the second volume of his work-in-progress, A Treatise on Social Justice, this work lies at the heart of a thriving academic debate which the author has played a key role in shaping. (shrink)

This essay investigates whether or not we should think that the things we say are identical to the things our sentences mean. It is argued that these theoretical notions should be distinguished, since assertoric content does not respect the compositionality principle. As a paradigmatic example, Kaplan's formal language LD is shown to exemplify a failure of compositionality. It is demonstrated that by respecting the theoretical distinction between the objects of assertion and compositional values certain conflicts between compositionality and contextualism are (...) avoided. This includes the conflict between eternalism and the semantics of tense, the embedding problems for contextualism about epistemic modals and taste claims, and the conflict between direct reference and the semantics of bound pronouns (and monstrous operators). After presenting the theoretical picture which distinguishes assertoric content from compositional semantic value, some objections to the picture are addressed. In so doing, the objection from King (2003) stemming from apparent complications with the interaction of temporal expressions and attitude reports is assessed and shown to be non-threatening. (shrink)

Kaplan (1989a) insists that natural languages do not contain displacing devices that operate on character—such displacing devices are called monsters. This thesis has recently faced various empirical challenges (e.g., Schlenker 2003; Anand and Nevins 2004). In this note, the thesis is challenged on grounds of a more theoretical nature. It is argued that the standard compositional semantics of variable binding employs monstrous operations. As a dramatic first example, Kaplan’s formal language, the Logic of Demonstratives, is shown to contain monsters. For (...) similar reasons, the orthodox lambda-calculus-based semantics for variable binding is argued to be monstrous. This technical point promises to provide some far-reaching implications for our understanding of semantic theory and content. The theoretical upshot of the discussion is at least threefold: (i) the Kaplanian thesis that “directly referential” terms are not shiftable/bindable is unmotivated, (ii) since monsters operate on something distinct from the assertoric content of their operands, we must distinguish ingredient sense from assertoric content (cf. Dummett 1973; Evans 1979; Stanley 1997), and (iii) since the case of variable binding provides a paradigm of semantic shift that differs from the other types, it is plausible to think that indexicals—which are standardly treated by means of the assignment function—might undergo the same kind of shift. (shrink)

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate (...) in pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

Social ontology is the study of the nature and properties of the social world. It is concerned with analyzing the various entities in the world that arise from social interaction. -/- A prominent topic in social ontology is the analysis of social groups. Do social groups exist at all? If so, what sorts of entities are they, and how are they created? Is a social group distinct from the collection of people who are its members, and if so, how is (...) it different? What sorts of properties do social groups have? Can they have beliefs or intentions? Can they perform actions? And if so, what does it take for a group to believe, intend, or act? -/- Other entities investigated in social ontology include money, corporations, institutions, property, social classes, races, genders, artifacts, artworks, language, and law. It is difficult to delineate a precise scope for the field (see section 2.1). In general, though, the entities explored in social ontology largely overlap with those that social scientists work on. A good deal of the work in social ontology takes place within the social sciences (see sections 5.1–5.8). -/- Social ontology also addresses more basic questions about the nature of the social world. One set of questions pertains to the constituents, or building blocks, of social things in general. For instance, some theories argue that social entities are built out of the psychological states of individual people, while others argue that they are built out of actions, and yet others that they are built out of practices. Still other theories deny that a distinction can even be made between the social and the non-social. -/- A different set of questions pertains to how social categories are constructed or set up. Are social categories and kinds produced by our attitudes? By our language? Are they produced by causal patterns? And is there just one way social categories are set up, or are there many varieties of social construction? -/- The term ‘social ontology’ has only come into wide currency in recent years, but the nature of the social has been a topic of inquiry since ancient Greece. As a whole, the field can be understood as a branch of metaphysics, the general inquiry into the nature of entities. (shrink)

This paper develops a new argument from consciousness to theism: the argument from psychophysical harmony. Roughly, psychophysical harmony consists in the fact that phenomenal states are correlated with physical states and with one another in strikingly fortunate ways. For example, phenomenal states are correlated with behavior and functioning that is justified or rationalized by those very phenomenal states, and phenomenal states are correlated with verbal reports and judgments that are made true by those very phenomenal states. We argue that psychophysical (...) harmony is strong evidence for theism (or, at least, strong evidence against atheism in its standard naturalistic form). (shrink)

This paper defends a non-reductive realist view of the sensible qualities—roughly, the view that the sensible qualities are really instantiated by the external objects of perception, and not reducible to response-independent physical properties or response-dependent relational properties. I begin by clarifying and motivating the non-reductive realist view. I then consider some familiar difficulties for the view. Addressing these difficulties leads to the development and defence of a general theory, inspired by Russellian Monist theories of consciousness, of how the sensible qualities (...) relate to physical reality. I conclude by showing how this theory, which I call ‘Secondary Quality Russellian Monism’, resolves the most significant difficulties for the non-reductive realist view of the sensible qualities. (shrink)

ABSTRACT Quine insisted that the satisfaction of an open modalised formula by an object depends on how that object is described. Kripke's ‘objectual’ interpretation of quantified modal logic, whereby variables are rigid, is commonly thought to avoid these Quinean worries. Yet there remain residual Quinean worries for epistemic modality. Theorists have recently been toying with assignment-shifting treatments of epistemic contexts. On such views an epistemic operator ends up binding all the variables in its scope. One might worry that this yields (...) the undesirable result that any attempt to ‘quantify in’ to an epistemic environment is blocked. If quantifying into the relevant constructions is vacuous, then such views would seem hopelessly misguided and empirically inadequate. But a famous alternative to Kripke's semantics, namely Lewis' counterpart semantics, also faces this worry since it also treats the boxes and diamonds as assignment-shifting devices. As I'll demonstrate, the mere fact that a variable is bound is no obstacle to binding it. This provides a helpful lesson for those modelling de re epistemic contexts with assignment sensitivity, and perhaps leads the way toward the proper treatment of binding in both metaphysical and epistemic contexts: Kripke for metaphysical modality, Lewis for epistemic modality. (shrink)

Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

Brian Hedden defends a radical view about the relationship between rationality, personal identity, and time. On the standard view, personal identity over time plays a central role in thinking about rationality, because there are rational norms for how a person's attitudes and actions at one time should fit with her attitudes and actions at other times. But these norms are problematic. They make what you rationally ought to believe or do depend on facts about your past that aren't part (...) of your current perspective on the world, and they make rationality depend on controversial, murky metaphysical facts about what binds different instantaneous snapshots into a single person extended in time. Hedden takes a different approach, treating the relationship between different time-slices of the same person as no different from the relationship between different people. On his account, the locus of rationality is the time-slice rather than the temporally extended agent. This impersonal, time-slice-centric approach to rationality yields a unified approach to the rationality of beliefs, preferences, and actions where what rationality demands of you is solely determined by your evidence, with no special weight given to your past beliefs or actions. (shrink)

According to a familiar modern view, color and other so-called secondary qualities reside only in consciousness, not in the external physical world. Many have argued that this “Galilean” view is the source of the mind-body problem in its current form. This paper critically examines a radical alternative to the Galilean view, which has recently been defended or sympathetically discussed by several philosophers, a view I call “anti-modernism.” Anti-modernism holds, roughly, that the modern Galilean scientific image is incomplete – in particular, (...) it leaves out certain irreducible qualitative properties, such as colors – and that we can solve (or dissolve) the hard problem of consciousness by accepting these properties as objective features of the external physical world. I argue, first, that anti-modernism cannot fulfill its promise. Even if the outer world is resplendent with primitive colors, color experience remains a mystery. Second, I argue that the theoretical costs of accepting irreducible colors in the world are enormous. Even if irreducible colors in the world could dispel the mysteries surrounding consciousness, the theoretical benefit would not be worth the cost. If the problems of consciousness and color require that we posit irreducible properties somewhere, it would be far more plausible to accept irreducible phenomenal properties on the side of the subject, and to reject irreducible colors on the side of the object. (shrink)

Certain puzzling cases have been discussed in the literature recently which appear to support the thought that knowledge can be obtained by way of deduction from a falsehood; moreover, these cases put pressure, prima facie, on the thesis of counter closure for knowledge. We argue that the cases do not involve knowledge from falsehood; despite appearances, the false beliefs in the cases in question are causally, and therefore epistemologically, incidental, and knowledge is achieved despite falsehood. We also show that the (...) principle of counter closure, and the concomitant denial of knowledge from falsehood, is well motivated by considerations in epistemological theory--in particular, by the view that knowledge is first in the epistemological order of things. (shrink)

The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method. For each of these issues, the papers show (...) Nietzsche's continuing philosophical importance. Giving a clear and accessible overview, while retaining an analytical philosophical approach throughout, this volume is essential reading for all students of Nietzsche. (shrink)

A common framing has it that any adequate treatment of quotation has to abandon one of the following three principles: (i) The quoted expression is a syntactic constituent of the quote phrase; (ii) If two expressions are derived by applying the same syntactic rule to a sequence of synonymous expressions, then they are synonymous; (iii) The language contains synonymous but distinct expressions. In the following, a formal syntax and semantics will be provided for a quotational language which adheres to all (...) three principles. The point here is not merely to provide a “possibility proof”, but to reveal the hard constraints on the theory of quotation, and to highlight certain assumptions at the syntax/semantics/post-semantics interfaces. (shrink)

I advocate Time-Slice Rationality, the thesis that the relationship between two time-slices of the same person is not importantly different, for purposes of rational evaluation, from the relationship between time-slices of distinct persons. The locus of rationality, so to speak, is the time-slice rather than the temporally extended agent. This claim is motivated by consideration of puzzle cases for personal identity over time and by a very moderate form of internalism about rationality. Time-Slice Rationality conflicts with two proposed principles of (...) rationality, Conditionalization and Reflection. Conditionalization is a diachronic norm saying how your current degrees of belief should fit with your old ones, while Reflection is a norm enjoining you to defer to the degrees of belief that you expect to have in the future. But they are independently problematic and should be replaced by improved, time-slice-centric principles. Conditionalization should be replaced by a synchronic norm saying what degrees of belief you ought to have given your current evidence and Reflection should be replaced by a norm which instructs you to defer to the degrees of belief of agents you take to be experts. These replacement principles do all the work that the old principles were supposed to do while avoiding their problems. In this way, Time-Slice Rationality puts the theory of rationality on firmer foundations and yields better norms than alternative, non-time-slice-centric approaches. (shrink)

The De Malo represents some of St. Thomas Aquinas' most mature thinking on goodness, badness, and human agency. Together with the second part of the Summa Theologiae, it is one of his most sustained contributions to moral philosophy and theology. Aquinas examines the full range of questions associated with evil: its origin, its nature, its variety, its relation to good, and its compatibility with the existence of an omnipotent, benevolent God. This edition offers the Leonine Commission's authoritative edition of the (...) Latin text with a new, clear, and readable English translation by Richard Regan with an extensive introduction and notes by Brian Davies. (shrink)

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate (...) in pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial. (shrink)

There is growing consensus that reward plays an important role in the control of attention. Until recently, reward was thought to influence attention indirectly by modulating task-specific motivation and its effects on voluntary control over selection. Such an account was consistent with the goal-directed (endogenous) versus stimulus-driven (exogenous) framework that had long dominated the field of attention research. Now, a different perspective is emerging. Demonstrations that previously reward-associated stimuli can automatically capture attention even when physically inconspicuous and task-irrelevant challenge previously (...) held assumptions about attentional control. The idea that attentional selection can be value driven, reflecting a distinct and previously unrecognized control mechanism, has gained traction. Since these early demonstrations, the influence of reward learning on attention has rapidly become an area of intense investigation, sparking many new insights. The result is an emerging picture of how the reward system of the brain automatically biases information processing. Here, I review the progress that has been made in this area, synthesizing a wealth of recent evidence to provide an integrated, up-to-date account of value-driven attention and some of its broader implications. (shrink)

The essays in this volume trace the fluid movement between phenomenological and religious descriptions of the capable self that emerges across Ricoeur's oeuvre ...

What makes conscious experience a difficult or confusing subject for science to deal with is its personal or individualistic character (that is to say the fact that a given experience is an experience apparently tied to a particular individual). It is in this respect very different from the other phenomena studied by science, where while the phenomena may be observed by a particular individual they are considered to be in principle independent of that individual. To say that an individual’s experience (...) is merely the functioning ofthat individual’s brain does not fully resolve the problem, since experiences are so very different in nature from brain processes. (shrink)