American jurisprudence currently applies two incompatible validity standards to determine which laws are enforceable. The natural law tradition evaluates validity by an uncertain standard of divine law, and its methodology relies on contradictory views of human reason. Legal positivism, on the other hand, relies on a methodology that commits the analytic fallacy, separates law from its application, and produces an incomplete model of law. These incompatible standards have created a schism in American jurisprudence that impairs the delivery of justice. This (...) dissertation therefore formulates a new standard for legal validity. This new standard rejects the uncertainties and inconsistencies inherent in natural law theory. It also rejects the narrow linguistic methodology of legal positivism. In their stead, this dissertation adopts a pragmatic methodology that develops a standard for legal validity based on actual legal experience. This approach focuses on the operations of law and its effects upon ongoing human activities, and it evaluates legal principles by applying the experimental method to the social consequences they produce. Because legal history provides a long record of past experimentation with legal principles, legal history is an essential feature of this method. This new validity standard contains three principles. The principle of reason requires legal systems to respect every subject as a rational creature with a free will. The principle of reason also requires procedural due process to protect against the punishment of the innocent and the tyranny of the majority. Legal systems that respect their subjects' status as rational creatures with free wills permit their subjects to orient their own behavior. The principle of reason therefore requires substantive due process to ensure that laws provide dependable guideposts to individuals in orienting their behavior. The principle of consent recognizes that the legitimacy of law derives from the consent of those subject to its power. Common law custom, the doctrine of stare decisis, and legislation sanctioned by the subjects' legitimate representatives all evidence consent. The principle of autonomy establishes the authority of law. Laws must wield supremacy over political rulers, and political rulers must be subject to the same laws as other citizens. Political rulers may not arbitrarily alter the law to accord to their will. Legal history demonstrates that, in the absence of a validity standard based on these principles, legal systems will not treat their subjects as ends in themselves. They will inevitably treat their subjects as mere means to other ends. Once laws do this, men have no rest from evil. (shrink)

The first handbook on the topic of religious epistemology introduces and discusses topics fundamental to the epistemology of religious belief.

Waiting time is widely used in health and social policy to make resource allocation decisions, yet no general account of the moral significance of waiting time exists. We provide such an account. We argue that waiting time is not intrinsically morally significant, and that the first person in a queue for a resource does not ipso facto have a right to receive that resource first. However, waiting time can and sometimes should play a role in justifying allocation decisions. First, there (...) is a duty of fairness prohibiting line-cutting where a sufficiently just queue exists. Second, waiting time has several morally attractive features that can justify its incorporation into allocation schemes. Where candidates are in relevantly similar circumstances, allocating by waiting time is relatively efficient, maximizes distribution equality relative to other Pareto efficient distributions, and treats candidates fairly. The claim that allocation using waiting time is fair is controversial. Some have claimed that formal lotteries are a fairer way to select among equal beneficiaries. We argue that lotteries are no fairer than allocation based on waiting time when it is equiprobable how a prospective queue will be ordered. In practice, lotteries share many of the disadvantages of queues; which is fairer will depend on contingent features of the allocation scenario. The upshot is that first-come, first-served is in fact a just way to allocate resources in many of the cases where it seems pre-theoretically compelling, and waiting time has unique normative properties which frequently justify its incorporation into resource allocation schemes. (shrink)

In all probability, future generations will outnumber us by thousands or millions to one. In the aggregate, their interests therefore matter enormously, and anything we can do to steer the future of civilization onto a better trajectory is of tremendous moral importance. This is the guiding thought that defines the philosophy of longtermism. Political science tells us that the practices of most governments are at stark odds with longtermism. But the problems of political short-termism are neither necessary nor inevitable. In (...) principle, the state could serve as a powerful tool for positively shaping the long-term future. In this chapter, we make some suggestions about how to align government incentives with the interests of future generations. First, in Section II, we explain the root causes of political short-termism. Then, in Section III, we propose and defend four institutional reforms that we think would be promising ways to increase the time horizons of governments: 1) government research institutions and archivists; 2) posterity impact assessments; 3) futures assemblies; and 4) legislative houses for future generations. Section IV concludes with five additional reforms that are promising but require further research: to fully resolve the problem of political short-termism we must develop a comprehensive research program on effective longtermist political institutions. (shrink)

One widely used method for allocating health care resources involves the use of cost-effectiveness analysis (CEA) to rank treatments in terms of quality-adjusted life-years (QALYs) gained. CEA has been criticized for discriminating against people with disabilities by valuing their lives less than those of non-disabled people. Avoiding discrimination seems to lead to the ’QALY trap’: we cannot value saving lives equally and still value raising quality of life. This paper reviews existing responses to the QALY trap and argues that all (...) are problematic. Instead, we argue that adopting a moderate form of prioritarianism avoids the QALY trap and disability discrimination. (shrink)

Many real-world agents recognise that they impose harms by choosing to emit carbon, e.g., by flying. Yet many do so anyway, and then attempt to make things right by offsetting those harms. Such offsetters typically believe that, by offsetting, they change the deontic status of their behaviour, making an otherwise impermissible action permissible. Do they succeed in practice? Some philosophers have argued that they do, since their offsets appear to reverse the adverse effects of their emissions. But we show that (...) they do not. In practice, standard carbon offsetting does not reverse the harms of the original action, nor does it even benefit the same group as was harmed. Standard moral theories hence deny that such offsetting succeeds. Indeed, we show that any moral theory that allows offsetting in this setting faces a dilemma between allowing any wrong to be offset, no matter how grievous, and recognising an implausibly sharp discontinuity between offsettable actions and non-offsettable actions. The most plausible response is to accept that carbon offsetting fails to right our climate wrongs. (shrink)

Consequentialism is thought to be in significant conflict with animal rights theory because it does not regard activities such as confinement, killing, and exploitation as in principle morally wrong. Proponents of the “Logic of the Larder” argue that consequentialism results in an implausibly pro-exploitation stance, permitting us to eat farmed animals with positive well- being to ensure future such animals exist. Proponents of the “Logic of the Logger” argue that consequentialism results in an implausibly anti-conservationist stance, permitting us to exterminate (...) wild animals with negative well-being to ensure future such animals do not exist. We argue that this conflict is overstated. Once we have properly accounted for indirect effects, such as the role that our policies play in shaping moral attitudes and behavior and the importance of accepting policies that are robust against deviation, we can see that consequentialism may converge with animal rights theory significantly, even if not entirely. (shrink)

This chapter starts from the claim that the state is plagued with problems of political short-termism: excessive priority given to near-term benefits at the expense of benefits further in thefuture. One possible mechanism to reduce short-termism involves apportioning greater relative political influence to the young, since younger citizens generally have greater additional life expectancy than older citizens and thus it looks reasonable to expect that they have preferences that are extended further into the future. But the chapter shows that this (...) is unlikely to make states significantly less short-termist: no empirical relationship has been found between age and willingness to support long-termist policies. Instead, the chapter proposes a more promising age-based mechanism. States should develop youth citizens’ assemblies that ensure accountability to future generations through a scheme of retrospective accountability. (shrink)

Political short-termism costs the global economy hundreds of billions to trillions of dollars annually, and leads to many millions of deaths from disasters and suboptimal spending. In this paper, I propose a futures assembly explicitly incentivised to promote the interests of future generations as a promising strategy to ameliorate short-termism. The assembly I propose is governed by citizens randomly selected from among the populace, who are rewarded in the future to the extent that they successfully promote the welfare of future (...) generations. The most initially promising such retrospective accountability mechanism is an iterated mechanism, in which each generation of policymakers rewards the previous generation for their policy choices and for their own evaluation of the previous generation. Such an assembly, supplemented with the duties, powers, and tools that I describe, and with appropriate support from archivists and experts, may manage to represent generations many years into the future. (shrink)

Contemporary legends – also called urban legends – are common throughout our society. Distinct from mere rumors passed around social media, anecdotes of pseudoscientific discoveries, or medical misinformation, contemporary legends are important because, rather than merely transmitting false ideas or information about medicine, they model distinct and primarily antagonistic patterns of interaction between patients and providers via their narrative components. And, while legends that patients tell about their distrust for doctors are fairly well-studied, less attention has been paid to the (...) kinds of legends that providers tell about patients. Many of these legends portray the likely patient as foolish, incompetent, and the ultimate source of his or her own medical condition. A partial solution to the challenges created by clashing, mutually belittling narratives can be found in the principles of narrative medicine, which strives to replace a received, stereotyped narrative with an individualized narrative constructed together by provider and patient. This paper will provide a definition of contemporary medical legends, analyze the unique narrative structure, develop a brief taxonomy of common themes, and describe how the structure and theme elucidate interesting and previously unexamined tensions within the provider-patient relationship. (shrink)

"Cultivating Kindness sheds light on just how children and adolescents are kind, especially in school. Grounded in psychological and educational research on kindness and supported with illustrations capturing the voices of public school students, this book enhances our understanding of kindness. Written with educators in mind, Cultivating Kindness draws from surveys and interviews with over three thousand children and adolescents. Author John-Tyler Binfet shares perspectives on kindness from the very individuals from whom we hope to see kindness embraced. (...) Interwoven among examples from students are findings from peer-reviewed studies on topics exploring the role of joy and stress contagions on fostering or thwarting kindness, the concept of kind discipline, and how to measure kindness in school. This book also includes a kindness checklist to guide educators wishing to implement and foster kindness in their classrooms or schools. In addition to practical scenarios challenging the reader to respond kindly, a repository of kindness resources to support the continued kindness education of readers are also included."--. (shrink)

"Debating Christian Religious Epistemology introduces core questions in the philosophy of religion by bringing five competing viewpoints on the knowledge of God into critical dialogue with one another."--.

Enclosed is a guidebook for philanthropists, advocates, and policymakers who want to do the most good possible. This book introduces the philosophy of “longtermism,” the idea that it is particularly important that we act now to safeguard future generations. -/- The future is vast in scale: depending on our choices in the coming centuries, the future could stretch for eons or it could dwindle into oblivion, and be inordinately good or inordinately bad. And yet future generations are utterly disenfranchised in (...) the world today: they cannot participate in our markets, our movements, or our civil society. This presents 21st Century philanthropists with a historically unprecedented opportunity to do good by protecting the long-term future. -/- The essays within are from the pioneers who have developed the intellectual foundations of longtermism, as well as the experts and advocates who are now putting it into practice. Readers will hear the case for longtermism from professors at the University of Oxford and Longview’s own founders; longtermist policy proposals from political philosophers, members of the House of Lords, and the All-party Parliamentary Group for Future Generations; the case for work on biosecurity, artificial intelligence, and climate change from leading experts; and the first ever essay on longtermist cultural change from the former Chief of Cabinet to the Finnish President. -/- Together, these essays chart the path forward toward maximising the good that we do for our grandchildren, our grandchildren’s grandchildren, and every generation beyond. (shrink)

Despite the lack of evidence for their effectiveness, the use of physical restraints for patients is widespread. The best ethical justification for restraining patients is that it prevents them from harming themselves. We argue that even if the empirical evidence supported their effectiveness in achieving this aim, their use would nevertheless be unethical, so long as well known exceptions to informed consent fail to apply. Specifically, we argue that ethically justifiable restraint use demands certain necessary and sufficient conditions. These conditions (...) are that the physician obtain informed consent for their application, that their application be medically appropriate, and that restraints be the least liberty-restricting way of achieving the intended benefit. It is a further question whether their application is ever medically appropriate, given the dearth of evidence for their effectiveness. (shrink)

Legal Validity Legal validity governs the enforceability of law, and the standard of legal validity enhances or restricts the ability of the political ruler to enforce his will through legal coercion. Western law adopts three competing standards of legal validity. Each standard emphasizes a different dimension of law (Berman 1988, p. 779), and each has […].

This paper defends “Animal Universalism,” the thesis that all sentient non-human animals will be brought into Heaven and remain there for eternity. It assumes that God exists and is all-powerful, perfectly loving, and perfectly just. From these background theses, the authors argue that Animal Universalism follows. If God is perfectly loving, then God is concerned about the well-being of non-human animals, and God chooses to maximize the well-being of each individual animal when doing so does not harm other individual creatures (...) or violate creaturely freedom. If God is perfectly just, then God does not arbitrarily discriminate against non-human animals by offering humans an opportunity to enter Heaven but not offering the same to each animal. Each of these conclusions implies Animal Universalism. (shrink)

Growing awareness of the ethical implications of neuroscience in the early years of the 21st century led to the emergence of the new academic field of “neuroethics,” which studies the ethical implications of developments in the neurosciences. However, despite the acceleration and evolution of neuroscience research on nonhuman animals, the unique ethical issues connected with neuroscience research involving nonhuman animals remain underdiscussed. This is a significant oversight given the central place of animal models in neuroscience. To respond to these concerns, (...) the Center for Neuroscience and Society and the Center for the Interaction of Animals and Society at the University of Pennsylvania hosted a workshop on the “Neuroethics of Animal Research” in Philadelphia, Pennsylvania. At the workshop, expert speakers and attendees discussed ethical issues arising from neuroscience research involving nonhuman animals, including the use of animal models in the study of pain and psychiatric conditions, animal brain-machine interfaces, animal–animal chimeras, cerebral organoids, and the relevance of neuroscience to debates about personhood. This paper highlights important emerging ethical issues based on the discussions at the workshop. This paper includes recommendations for research in the United States from the authors based on the discussions at the workshop, loosely following the format of the 2 Gray Matters reports on neuroethics published by the Presidential Commission for the Study of Bioethical Issues. (shrink)

In December 2013, the Nonhuman Rights Project (NhRP) filed a petition for a common law writ of habeas corpus in the New York State Supreme Court on behalf of Tommy, a chimpanzee living alone in a cage in a shed in rural New York (Barlow, 2017). Under animal welfare laws, Tommy’s owners, the Laverys, were doing nothing illegal by keeping him in those conditions. Nonetheless, the NhRP argued that given the cognitive, social, and emotional capacities of chimpanzees, Tommy’s confinement constituted (...) a profound wrong that demanded remedy by the courts. Soon thereafter, the NhRP filed habeas corpus petitions on behalf of Kiko, another chimpanzee housed alone in Niagara Falls, and Hercules and Leo, two chimpanzees held in research facilities at Stony Brook University. Thus began the legal struggle to move these chimpanzees from captivity to a sanctuary, an effort that has led the NhRP to argue in multiple courts before multiple judges. The central point of contention has been whether Tommy, Kiko, Hercules, and Leo have legal rights. To date, no judge has been willing to issue a writ of habeas corpus on their behalf. Such a ruling would mean that these chimpanzees have rights that confinement might violate. Instead, the judges have argued that chimpanzees cannot be bearers of legal rights because they are not, and cannot be persons. In this book we argue that chimpanzees are persons because they are autonomous. (shrink)

The neural representation of a repeated stimulus is the standard against which a deviant stimulus is measured in the brain, giving rise to the well-known mismatch response. It has been suggested that individuals with dyslexia have poor implicit memory for recently repeated stimuli, such as the train of standards in an oddball paradigm. Here, we examined how the neural representation of a standard emerges over repetitions, asking whether there is less sensitivity to repetition and/or less accrual of “standardness” over successive (...) repetitions in dyslexia. We recorded magnetoencephalography as adults with and without dyslexia were passively exposed to speech syllables in a roving-oddball design. We performed time-resolved multivariate decoding of the MEG sensor data to identify the neural signature of standard vs. deviant trials, independent of stimulus differences. This “multivariate mismatch” was equally robust and had a similar time course in the two groups. In both groups, standards generated by as few as two repetitions were distinct from deviants, indicating normal sensitivity to repetition in dyslexia. However, only in the control group did standards become increasingly different from deviants with repetition. These results suggest that many of the mechanisms that give rise to neural adaptation as well as mismatch responses are intact in dyslexia, with the possible exception of a putatively predictive mechanism that successively integrates recent sensory information into feedforward processing. (shrink)

One reason to posit governing laws is to explain the uniformity of nature. Explanatory power can be purchased by accepting new primitives, and scientists invoke laws in their explanations without providing any supporting metaphysics. For these reasons, one might suspect that we can treat laws as wholly unanalyzable primitives. (John Carroll’s *Laws of Nature* (1994) and Tim Maudlin’s *The Metaphysics Within Physics* (2007) offer recent defenses of primitivism about laws.) Whatever defects primitive laws might have, explanatory weakness should not (...) be one of them. However, in this essay I’ll argue that wholly primitive laws cannot explain the uniformity of nature. The basic argument is based on the following idea: though a primitive law that P makes P likely, the primitive status of the law provides no reason to think that P must describe (or otherwise give rise to) a natural regularity. After identifying the problem for primitive laws, I consider an extension of the objection to all theories of governing laws and suggest that it may be avoided by a version of the Dretske/Tooley/Armstrong theory according to which laws are relations between universals. (shrink)

In this brief, we argue that there is a diversity of ways in which humans (Homo sapiens) are ‘persons’ and there are no non-arbitrary conceptions of ‘personhood’ that can include all humans and exclude all nonhuman animals. To do so we describe and assess the four most prominent conceptions of ‘personhood’ that can be found in the rulings concerning Kiko and Tommy, with particular focus on the most recent decision, Nonhuman Rights Project, Inc v Lavery.

John Buridan’s theory of persistence is based on a metaphysical foundation that has been misrepresented by contemporary scholars. I argue that this fact is both (i) suggested by his treatment of persistence itself, and (ii) explicit in his clearest exposition of the foundations of persistence. I also argue that while this fact has historical interest, its primary interest is philosophical in nature: it shows Buridan developing a distinction that contemporary philosophers find useful in elaborating a metaphysical basis for theories (...) of persistence. (shrink)

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. We reject arbitrary distinctions that deny adequate protections to other animals who share with protected humans relevantly similar vulnerabilities to harms and relevantly similar interests in avoiding such harms. We strongly urge this Court, in keeping with the best philosophical standards of rational judgment and ethical standards of justice, to recognize that, as a nonhuman person, Happy should be (...) released from her current confinement and transferred to an appropriate elephant sanctuary, pursuant to habeas corpus. (shrink)

We dedicate this book to John Thibaut. He was mentor and personal friend to one of us, and his work had a profound intellectual influence on both of us. We were both strongly influenced by Thibaut's insightful articulation of the importance to psychology of the concept of pro cedural justice and by his empirical work with Laurens Walker in reactions to legal institu demonstrating the role of procedural justice tions. The great importance we accord the Thibaut and Walker work (...) is evident throughout this volume. If anyone person can be said to have created an entire field of inquiry, John Thibaut created the psychological study of procedural justice. (To honor Thibaut thus in no sense reduces our recognition of the contributions of his co-worker, Laurens Walker, in the creation of the field. We are as certain that Walker would endorse our statement as we are that Thibaut, with characteristic modesty, would demur from it. ) Even to praise Thibaut in this fashion falls short of recognizing all of his contributions to procedural justice. Not only did he initiate the psy chological study of the topic, he also built much of the intellectual foun dation upon which the study of procedural justice rests. Thibaut's work with Harold Kelley (1959; Kelley & Thibaut, 1978) created a social psy chological theory of interdependence that, among many other applica tions, serves as the basis for one of the major models of the psychology of procedural justice. (shrink)

The blind bandit -- Zuko alone -- The chase -- Bitter work -- The library.

We submit this brief in support of the Nonhuman Rights Project’s efforts to secure habeas corpus relief for the elephant named Happy. The Supreme Court, Bronx County, declined to grant habeas corpus relief and order Happy’s transfer to an elephant sanctuary, relying, in part, on previous decisions that denied habeas relief for the NhRP’s chimpanzee clients, Kiko and Tommy. Those decisions use incompatible conceptions of ‘person’ which, when properly understood, are either philosophically inadequate or, in fact, compatible with Happy’s personhood.

Common sense and philosophical tradition agree that mind makes a difference. What we do depends not only on how our bodies are put together, but also on what we think. Explaining how mind can make a difference has proved challenging, however. Some have urged that the project faces an insurmountable dilemma: either we concede that mentalistic explanations of behavior have only a pragmatic standing or we abandon our conception of the physical domain as causally autonomous. Although each option has its (...) advocates, most theorists have sought a middle way that accommodates both the common-sense view of mind and the metaphysical conviction about the physical world. This volume presents a collection of new, specially written essays by a diverse group of philosophers, each of whom is widely known for defending a particular conception of minds and their place in nature. Contributors include Robert Audi, Lynne Rudder Baker, Tyler Burge, Donald Davidson, Fred Dretske, Ted Honderich, Jennifer Hornsby, Frank Jackson, Jaegwon Kim, Brian P. McLaughlin, Ruth Garrett Millikan, H. W. Noonan, Philip Pettit, Ernest Sosa, and Robert Van Gulick. (shrink)

Empirical evidence has led some philosophers to question total brain death, because a brain-dead patient’s body remains integrated; it can still grow and age. Catholic philosophers have based arguments for and against TBD on Thomist principles of hylomorphism. Given such principles, the arguments against TBD appear stronger. Blessed John Duns Scotus provides an alternative set of principles. Specifically, Scotus is a pluralist regarding substantial form. However, his pluralism is distinct in that he denies a substantial form to the body (...) as a whole and instead speaks of part-substances that are integrated with each other by efficient and final causal chains. Scotus’s hylomorphism, unlike St. Thomas Aquinas’s, can both defend TBD and adequately describe the physical characteristics of the totally brain-dead patient. (shrink)

This article explores the significance that environments play in terms of the learning process. In the United States, the legacy of John Dewey's intellectual efforts left a theoretical understanding that views the architectural composition of learning environments as instrumental mediums which house the educational process. This understanding of learning environments is precipitated by a separation of human agents as subjects and their environments as objects. By contrast, Martin Heidegger's theory of ontology, and its reconfiguration of the subject and object (...) relationship, lends itself to an understanding of the architectural composition of learning environments as dwellings. (shrink)

In Burge 2005, Tyler Burge reads disjunctivism as the denial that there are explanatorily relevant states in common between veridical perceptions and corresponding illusions. He rejects the position as plainly inconsistent with what is known about perception. I describe a disjunctive approach to perceptual experience that is immune to Burge's attack. The main positive moral concerns how to think about fallibility.

The concept of natural capital denotes a rich variety of natural processes, such as ecosystems, that produce economically valuable goods and services. The Anthropocene signals a diminished state of nature, however, with some scholars claiming that no part of the Earth’s surface remains untouched. What are ecological economists to make of natural capital during the Anthropocene? Is natural capital still a coherent concept? What is the conceptual relationship between nature and natural capital? This article wrestles with John Stuart Mill’s (...) two concepts of nature and argues that during the Anthropocene, natural capital should be understood as denoting economically valuable processes that are not absolutely—but relatively—detached from intentional human agency. (shrink)

ABSTRACTThis article analyses the theory of sexuality, personality and politics developed by the literary critic John Addington Symonds. Sections 1 and 2 introduce Symonds’ changing reputation as a modernist theorist of ‘sexual inversion’. Section 3 examines his conceptualization of the processes whereby an individual can sublimate sexual urges to create a harmonious and unalienated personality which acknowledges the need to combine transgressive self-expression with social convention. Section 4 demonstrates how this theory led Symonds to endorse an eroticized form of (...) democratic socialism, while Section 5 explores the culmination of Symonds’ thought in a form of pantheistic idealism. This research is significant in that it extends our understanding of socialism and sexuality into areas that are marginalized and yet historically important. (shrink)

In McDowell, I responded to Burge's attack on disjunctivism. In Burge Burge rejects my response. He stands by his main claim that disjunctivism is incompatible with the science of perception, and in a supplementary spirit he argues against the detail of my attempt to defend disjunctivism. Here I explain how disjunctivism is compatible with the science, and I respond to some of Burge's supplementary arguments.

The British Idealist movement flourished between the 1860s and 1920s and exerted a very significant influence in the USA, India and Canada, most notably on John Dewey and Josiah Royce. The movement also laid the groundwork for the thought of Oakeshott and Collingwood. Its leading figures – particularly Green and Caird – have left a number of complete or near complete manuscripts in various British university archives, many of which remain unpublished. This important collection widens access to this unpublished (...) material by transcribing, editing and then publishing the most significant pieces. The project focuses on the moral, political, and religious writings – the areas of most interest to scholars. This annotated, critical edition opens them up to the academic community. (shrink)

This dissertation undertakes a philosophical analysis of “natural capital” and argues that this concept has prompted economists to view Nature in a radically novel manner. Formerly, economists referred to Nature and natural products as a collection of inert materials to be drawn upon in isolation and then rearranged by human agents to produce commodities. More recently, nature is depicted as a collection of active, modifiable, and economically valuable processes, often construed as ecosystems that produce marketable goods and services gratis. Nature (...) is depicted as consisting of various unproduced mechanisms or “natural machines” that are first discovered and then channeled so as to serve human ends. In short, nature as an ideal is a kind of garden that is characterized by natural objects purposefully arranged by intentional human agents. This dissertation first lays out working definitions of the key terms, such as capital and Nature, and then traces the historical roots of natural capital in the writings of eminent classical political economists, such as Adam Smith, John Stuart Mill, and Karl Marx. I then examine the question of substitutes for “critical natural capital”, and argue that the preservation paradox is warranted: no one can restore or preserve a part of Nature without turning it into an artifact. Following the recent work of Debra Satz and Michael Sandel, I finish my dissertation by situating the question of natural capital in the broader context of whether some goods should not be for sale, particularly those I define as Basic Ecological Goods. (shrink)