The author argues that philosophers' attempts to use philosophy of language to solve problems of jurisprudence have often failed- the most dramatic failure being that of Jeremy Bentham. H.L.A.Hart made some related mistakes in his creative use of philosophy of language, yet his focus on language still yields some very significant insights for jurisprudence: the context principle (that the correct application of linguistic expressions typically depends on context in ways that are important for jurisprudence), the diversity principle (that grounds of (...) correct application of legal language may be diverse), and the importance of vagueness. (shrink)

What can a philosophical analysis of the concept of interpretation contribute to legal theory? In his recent book,Interpretation and Legal Theory, Andrei Marmor proposes a complex and ambitious analysis as groundwork for his positivist assault on “interpretive” theories of law and of language. I argue (i) that the crucial element in Marmor's analysis of interpretation is his treatment of Ludwig Wittgenstein's remarks on following rules, and (ii) that a less ambitious analysis of interpretation than Marmor's can take better advantage of (...) those insights about rules. I explore some implications of such an analysis for the role of interpretation in legal reasoning. (shrink)

No community fully achieves the ideal of the rule of law. Puzzles about the content of the ideal seem to make it necessarily unattainable (and, therefore, an incoherent ideal). Legal systems necessarily contain vague laws. They typically allow for change in the law, they typically provide for unreviewable official decisions, and they never regulate every aspect of the life of a community. It may seem that the ideal can never be achieved because of these features of legal practice. But I (...) ask what counts as a ‘deficit’ in the rule of law, and I argue that none of these features of legal practice necessarily amounts to a deficit. I conclude that communities fail to achieve the rule of law only because of official infidelity to law, and the failure of lawmakers to pursue the ideal (or their decision not to pursue it). The rule of law is not necessarily unattainable. (shrink)

We suggest that supergenes, groups of co‐inherited loci, may be involved in a range of intriguing genetic and evolutionary phenomena in insect societies, and may play broad roles in the evolution of cooperation and conflict. Supergenes are central in the evolution of an array of traits including self‐incompatibility, mimicry, and sex chromosomes. Recently, researchers identified a large supergene, described as a social chromosome, which controls social organization in the fire ant. This system was previously considered to be a remarkable example (...) of a single gene affecting a complex social trait. We describe how selection may commonly favor reduced recombination and the formation of supergenes for social traits, and once formed, supergenes may strongly influence further evolutionary dynamics within and between lineages. The evolution of supergenes, and even wholly non‐recombining genomes, may be particularly common in systems in which genetically distinct lineages can form mutually reinforcing socially parasitic relationships. (shrink)

John Schellenberg argues that divine hiddenness is evidence against God’s existence. More precisely, according to Schellenberg’s well-known Hiddenness Argument, God’s existence entails that there would never be any nonresistant non-believers; however, there are some non-resistant non-believers; therefore, God does not exist. In this paper, we offer a Molinist response or solution to the Hiddenness Argument. First, we briefly explain Molinism, we then describe Schellenberg’s Hiddenness Argument, and, finally, we argue that Molinism undercuts the view that God would necessarily ensure there (...) will never be any nonresistant non-believers. (shrink)

This is a response to Val Plumwood's critique of Plato and an overview of the way in which Plato provides a viable environmental vision. This vision sees the realm of nature as rooted in the realm of logos, and human beings as sojourners who are nonetheless integral parts of nature and whose vocation is to act as mediators between the two realms thereby bringing nature into even greater participation in logos. To fulfill the human vocation, one must come to an (...) awareness of the logos by purging oneself of the sham values which permeate society and distort one's understanding of reality. (shrink)

A succinct overview of the main ideas of Aristotle's philosophy intended for readers without previous training in philosophy. Provides a sympathetic reading of Aristotle including an account of specific concepts and doctrines, clarification of assumptions in the texts, why he held the beliefs he hel.

_Growing up with Parents who have Learning Difficulties_ uses a life-story approach to present new evidence about how children from such families manage the transition to adulthood, and about the longer-term outcomes of such an upbringing. It offers a view of parental competence as a social attribute rather than an individual skill, assessing the implications for institutional policies and practices. The authors address the notion of children having to parent their disabled parents and argue for a shift in emphasis from (...) protecting children to supporting families. This innovative book provides a fresh approach to a subject rife with prejudice and challenges us to think again about many taken-for-granted ideas about the process of parenting and the needs of children. It also demonstrates the power of narrative research and its capacity for bringing alive people's experience in a way that enables us to better understand their lives. (shrink)

The book trade of the early fourteenth century was in a period of transition. Because of the growing number of literate people in London and the reestablishment of English as the preferred vernacular, more books and more book producers were needed. While the demand for books was increasing, the traditional places of book production were disappearing. Noël Denholm-Young points out that “from perhaps the second half of the thirteenth century monasteries were ceasing … to produce their own manuscripts.”.

The use of vague language in law has important implications for legal theory. Legal philosophers have occasionally grappled with those implications, but they have not come to grips with the characteristic phenomenon of vagueness: the sorites paradox. I discuss the paradox, and claim that it poses problems for some legal theorists (David Lyons, Hans Kelsen, and, especially, Ronald Dworkin). I propose that a good account of vagueness will have three consequences for legal theory: (i) Theories that deny that vagueness in (...) formulations of the law leads to discretion in adjudication (including Dworkin's) cannot accommodate “higher-order” vagueness, (ii) A legal theory should accept that the law is partly indeterminate when it can be stated in vague language, (iii) However, the traditional formulation of the indeterminacy claim, that a vague statement is “neither true nor false” in a borderline case, is misconceived and should be abandoned. (shrink)

Metaphysical theories of change incorporate substantive commitments to theories of persistence. The two most prominent classes of such theories are endurantism and perdurantism. Defenders of endurancestyle accounts of change, such as Klein, Hinchliff, and Oderberg, do so through appeal to a priori intuitions about change. We argue that this methodology is understandable but mistaken—an adequate metaphysics of change must accommodate all experiences of change, not merely intuitions about a limited variety of cases. Once we examine additional experiences of change, particularly (...) those in (special) relativistic circumstances, it becomes clear that only a perdurance account of change is adequate. (shrink)

Including over one hundred fifty pages of new material, a new introduction, enhanced headnotes, and an updated list of further readings, this significantly expanded anthology provides a rich selection of traditional and modern works that reflect the many ways in which philosophers have attempted to address the question of the existence of God.

Zdravko Planinc’s Odyssean reading of the Sophist and Statesman presents a radical critique of claims that these dialogues present developments of Plato’s thought. His claim that Plato intends us to see the Stranger as no more than an outrageous sophist, however, is undermined by the quality of at least some of Stranger’s arguments and insights.

This paper addresses religious epistemology in that it concerns the assessment of the credibility of certain claims arising out of religious experience. Developments this century have made the world’s rich religious heritage accessible to more people than ever. But the conflicting religious claims tend to undermine each religion’s central claim to be a vehicle for opening persons to ultimate reality. One attempt to overcome this problem is provided by "perennial philosophy," which claims that there is a kind of mystical experience (...) common to all religious traditions, an experience which is an immediate contact with an absolute principle. Perennialism has been attacked by "contextualists" such as Steven Katz who argue that particular mystical experiences are so tied to a particular tradition that there are no common mystical experiences across traditions. In turn, Robert Forman and the "decontextualists" have argued that a certain kind of mystical experience and process are found in diverse traditions, thereby supporting one of the key elements of perennialism. I review the contextualist-decontextualist debate and suggest a research project that would pursue the question of whether the common ground of the world’s mystical traditions could be expanded beyond what has been established by the decontextualists. The extension of this common ground would add credibility to the claims arising out of mystical experience. (shrink)

We address how the motor system can contribute to the component of smile perception. A smile perceiver can ground the meaning of non-prototypical smiles by interacting with the presenter to maintain the presenter's type of smile. In this case, the meaning of that smile is congruent with the motor behavior that elicits that smile (such as a funny gesture).

This work re-examines the divisive wisdom that Paul addresses in 1 Corinthians. Challenging the recent consensus that the Corinthians' wisdom was rooted primarily in the Greco-Roman rhetorical tradition, Timothy A. Brookins offers a revisionary thesis centered on discourse similarities between the perspective of the Corinthian 'wise' and the Stoic system of thought. Brookins argues that several members of the church, after hearing Paul's initial gospel message, construed that message in terms of Stoic philosophy and began promoting a kind of (...) 'Stoic-Christian' perspective that helped to precipitate divisions in the church. Being apprised of their views, Paul then exploited the 'Stoic' discourse of his opponents in order to sustain common discursive ground. In addition to providing a fresh synthesis of the data in 1 Corinthians, Brookins brings in cutting-edge research on the ancient economy as he explores questions related to philosophical education and social status within the church community. (shrink)

According to Roger Poole, theological interpreters of Søren Kierkegaard’s indirect communication privilege content over form, whereas deconstructive interpreters privilege form over content. Here, I offer a reading of Johannes Climacus’s Philosophical Fragments to illustrate how, in this case, the theology/deconstruction and form/content binaries both break down. The form of Fragments is as theological as it is deconstructive: Climacus’s kaleidoscopic quotation of scripture, and his parabolic tropes both attest to this. Similarly, the content of Fragments is as deconstructive as it is (...) theological: the deferral of names, the madness of the moment of decision, and Climacus’s use of contradiction all unsettle any naïve theology. Ultimately, I suggest, the reason that Fragments resists the form/content and theology/deconstruction binaries is because it is a text about the incarnation – a paradigmatic combination of form and content, and a paradoxical reality that bursts apart any division between theology and deconstruction. (shrink)

Volume 27, Issue 1, February 2019, Page 103-106.

In fundamental rights adjudication, should judges defer to the judgment of other decision makers? How can they defer, without betraying the respect that judges ought to accord those rights? How can they refuse to defer, without betraying the respect that judges ought to accord to other decision makers? I argue that only principles of comity justify deference, and their reach is limited. Comity never forbids the judges to take and to act upon a different view of fundamental rights from that (...) of another decision maker. I elaborate this view by reference to the decision of the House of Lords in Adan and Aitseguer [2001] 1 All ER 593. (shrink)

Argues that some important problems in the theory of legal interpretation can be resolved with three techniques that John Finnis used in Natural Law and Natural Rights to address a methodological problem in jurisprudence: (1) The analogy principle: The application of a word such as “friendship” or “law” is not based on a set of features shared by each instance, but is based on similarities of a variety of kinds, seen by the people who use the words as justifying the (...) extension of the word. (2) The paradigm (or central case) principle: You cannot understand a word like “friendship” or “law” without seeing what counts as a good instance of friendship or law. (3) The context principle: What counts as a good instance depends on the context in which the word is to be used, and on the concerns and purposes which justify the use of the word. (shrink)