Combining principles of individual rational choice with a sociological conception of collective action, James Coleman recasts social theory in a bold new way. The result is a landmark in sociological theory, capable of describing both stability and change in social systems. This book provides for the first time a sound theoretical foundation for linking the behavior of individuals to organizational behavior and then to society as a whole. The power of the theory is especially apparent when Coleman analyzes corporate actors, (...) such as large corporations and trade unions. He examines the creation of these institutions, collective decision making, and the processes through which authority is revoked in revolts and revolutions. Coleman discusses the problems of holding institutions responsible for their actions as well as their incompatibility with the family. He also provides a simple mathematical analysis corresponding to and carrying further the verbal formulations of the theory. Finally, he generates research techniques that will permit quantitative testing of the theory. From a simple, unified conceptual structure Coleman derives, through elegant chains of reasoning, an encompassing theory of society. It promises to be the most important contribution to social theory since the publication of Talcott Parsons' Structure of Social Action in 1936. (shrink)
Jules Coleman, one of the world's leading philosophers of law, here presents his most mature work so far on substantive issues in legal theory and the appropriate methodology for legal theorizing. In doing so, he takes on the views of highly respected contemporaries such as Brian Leiter, Stephen Perry, and Ronald Dworkin.
Taking their motivation from the perceived failure of the reductive physicalist project concerning consciousness, panpsychists ascribe subjectivity to fundamental material entities in order to account for macro-consciousness. But there exists an unresolved tension within the mainstream panpsychist position, the seriousness of which has yet to be appreciated. I capture this tension as a dilemma, and offer advice to panpsychists on how to resolve it. The dilemma is as follows: Panpsychists take the micro-material realm to feature phenomenal properties, plus micro-subjects to (...) whom these properties belong. However, it is impossible to explain the generation of a macro-subject (like one of us) in terms of the assembly of micro-subjects, for, as I show, subjects cannot combine. Therefore the panpsychist explanatory project is derailed by the insistence that the world’s ultimate material constituents are subjects of experience. The panpsychist faces a choice of giving up her explanatory ambitions, or of giving up the claim that the ultimates are subjects. I argue that the latter option is preferable, leading to neutral monism, on which phenomenal qualities are irreducible but subjects are reducible. So panpsychists should be neutral monists. (shrink)
Panpsychism, an increasingly popular competitor to physicalism as a theory of mind, faces a famous difficulty, the ‘combination problem’. This is the difficulty of understanding the composition of a conscious mind by parts which are themselves taken to be phenomenally qualitied. I examine the combination problem, and I attempt to solve it. There are a few distinct difficulties under the banner of ‘the combination problem’, and not all of them need worry panpsychists. After homing in on the genuine worries, I (...) identify some disputable assumptions that underlie them. Doing away with these assumptions allows us to make a start on a working conception of phenomenal combination. (shrink)
This book brings together international academics from a range of Social Science and Humanities disciplines to reflect on how Deleuze's philosophy is opening up and shaping methodologies and practices of empirical research.
One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.
Due to their reliance on constitutive higher-order representing to generate the qualities of which the subject is consciously aware, I argue that the major existing higher-order representational theories of consciousness insulate us from our first-order sensory states. In fact on these views we are never properly conscious of our sensory states at all. In their place I offer a new higher-order theory of consciousness, with a view to making us suitably intimate with our sensory states in experience. This theory relies (...) on the idea of ‘quoting’ sensory qualities, so is dubbed the ‘quotational higher-order thought theory’. I argue that it can capture something of the idea that we are ‘acquainted’ with our conscious states without slipping beyond the pale for naturalists, whilst also providing satisfying treatments of traditional problems for higher-order theories concerning representational mismatch. The theory achieves this by abandoning a representational mechanism for mental intentionality, in favour of one based on ‘embedding’. (shrink)
BackgroundCountries are increasingly devoting significant resources to creating or strengthening research ethics committees, but there has been insufficient attention to assessing whether these committees are actually improving the protection of human research participants.DiscussionResearch ethics committees face numerous obstacles to achieving their goal of improving research participant protection. These include the inherently amorphous nature of ethics review, the tendency of regulatory systems to encourage a focus on form over substance, financial and resource constraints, and conflicts of interest. Auditing and accreditation programs (...) can improve the quality of ethics review by encouraging the development of standardized policies and procedures, promoting a common base of knowledge, and enhancing the status of research ethics committees within their own institutions. However, these mechanisms focus largely on questions of structure and process and are therefore incapable of answering many critical questions about ethics committees' actual impact on research practices.The first step in determining whether research ethics committees are achieving their intended function is to identify what prospective research participants and their communities hope to get out of the ethics review process. Answers to this question can help guide the development of effective outcomes assessment measures. It is also important to determine whether research ethics committees' guidance to investigators is actually being followed. Finally, the information developed through outcomes assessment must be disseminated to key decision-makers and incorporated into practice. This article offers concrete suggestions for achieving these goals.ConclusionOutcomes assessment of research ethics committees should address the following questions: First, does research ethics committee review improve participants' understanding of the risks and potential benefits of studies? Second, does the process affect prospective participants' decisions about whether to participate in research? Third, does it change participants' subjective experiences in studies or their attitudes about research? Fourth, does it reduce the riskiness of research? Fifth, does it result in more research responsive to the local community's self-identified needs? Sixth, is research ethics committees' guidance to researchers actually being followed? (shrink)
This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)
In this paper I first examine two important assumptions underlying the argument that physicalism entails panpsychism. These need unearthing because opponents in the literature distinguish themselves from Strawson in the main by rejecting one or the other. Once they have been stated, and something has been said about the positions that reject them, the onus of argument becomes clear: the assumptions require careful defence. I believe they are true, in fact, but their defence is a large project that cannot begin (...) here. So, in the final section I comment on what follows if they are granted. I agree with Strawson that --broadly -- 'panpsychism' is the direction in which philosophy of mind should be heading; nevertheless, there are certain difficulties in the detail of his position. In light of these I argue for changes to the doctrine, bringing it into line with the slightly. (shrink)
Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The moral semantics (...) claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)
This article examines and critiques the use of the term “vulnerability” in U.S. and international regulations and guidelines on research ethics. After concluding that the term is currently used in multiple, often inconsistent, senses, it calls on regulators to differentiate between three distinct types of vulnerability: “consent-based vulnerability,”“risk-based vulnerability,” and “justice-based vulnerability.”.
There is no Argument that the Mind Extends On the basis of two argumentative examples plus their 'parity principle', Clark and Chalmers argue that mental states like beliefs can extend into the environment. I raise two problems for the argument. The first problem is that it is more difficult than Clark and Chalmers think to set up the Tetris example so that application of the parity principle might render it a case of extended mind. The second problem is that, even (...) when appropriate versions of the argumentative examples can be constructed, the availability of a second, internalist parity principle precludes the possibility of inferring that the mind extends. Choosing which parity principle we ought to wield would involve deciding beforehand whether or not the mind can extend. Thus Clark and Chalmers beg the question by employing their parity principle rather than the internalist one. I conclude that they fail to provide a proper argument to support the extended mind thesis. (shrink)
Panpsychism is an eminently sensible view of the world and its relation to mind. If God is a metaphysician, and regardless of the actual truth or falsity of panpsychism, it is certain that he regards the theory as an honest and elegant competitor on the ﬁeld of ontologies. And if God didn’t create a panpsychist world, then there’s a fair chance that he wishes he had done so, or will do next time around. The difﬁculties panpsychism faces, then, are not (...) metaphysical ones. They are, instead, difﬁculties of understanding, and of acceptance by philosophers. The main difﬁculty of this sort the theory faces is that its ontology – with consciousness in some sense at the heart of all that exists1 – is deemed too bizarre, frankly, too humano-centric to be taken seriously. Why should anyone think that consciousness, widely held to be the preserve only of ourselves, plus the most recently evolved organisms, infuses the basement level of all existence? Such a thought seems to many – especially, to scientiﬁcally scrupled philosophers of mind – a narcissistic (or at best hopelessly anti-realist) folly, which doesn’t even deserve its day in court. Panpsychism.. (shrink)
Who are computer hackers? What is free software? And what does the emergence of a community dedicated to the production of free and open source software--and to hacking as a technical, aesthetic, and moral project--reveal about the values of contemporary liberalism? Exploring the rise and political significance of the free and open source software movement in the United States and Europe, Coding Freedom details the ethics behind hackers' devotion to F/OSS, the social codes that guide its production, and the political (...) struggles through which hackers question the scope and direction of copyright and patent law. In telling the story of the F/OSS movement, the book unfolds a broader narrative involving computing, the politics of access, and intellectual property. E. Gabriella Coleman tracks the ways in which hackers collaborate and examines passionate manifestos, hacker humor, free software project governance, and festive hacker conferences. Looking at the ways that hackers sustain their productive freedom, Coleman shows that these activists, driven by a commitment to their work, reformulate key ideals including free speech, transparency, and meritocracy, and refuse restrictive intellectual protections. Coleman demonstrates how hacking, so often marginalized or misunderstood, sheds light on the continuing relevance of liberalism in online collaboration. (shrink)
Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.
The concept of vulnerability has long played a central role in discussions of research ethics. In addition to its rhetorical use, vulnerability has become a term of art in U.S. and international research regulations and guidelines, many of which contain specific provisions applicable to research with vulnerable subjects. Yet, despite the frequency with which the term vulnerability is used, little consensus exists on what it actually means in the context of human subject protection or, more importantly, on how a finding (...) of vulnerability should affect the process of research ethics review.The Common Rule, the centerpiece of the U.S. human subject protection regulations, uses the word vulnerable three times. First, it provides that institutional review boards that regularly review research involving a vulnerable category of subjects should consider including one or more individuals who are knowledgeable about and experienced in working with these subjects. (shrink)
H.L.A. Hart's The Concept of Law is the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald (...) Dworkin among positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (shrink)
This leading anthology contains legal cases and essays written by the finest scholars in legal philosophy, representing all major points of view on the most central topics in philosophy of law. Its primary focus is to relate traditional themes of legal philosophy to the concerns of modern society in a way that invigorates one and illuminates the other, respectively. This classic text is distinguished by its clarity, balance of topics, balance of substantive positions on controversial questions, topical relevance, imaginative use (...) of cases and stories, and the inclusion of only lightly edited or untouched classics. This revision is distinguished in its inclusion of many articles relevant to terrorism and torture, contract and property, and a greater emphasis on concrete legal problems. (shrink)
What are phenomenal qualities, the qualities of conscious experiences? Are phenomenal qualities subjective, belonging to inner mental episodes of some kind, or should they be seen as objective, belonging in some way to the physical things in the world around us? Are they physical properties at all? And to what extent do experiences represent the things around us, or the states of our own bodies? Fourteen original papers, written by a team of distinguished philosophers and psychologists, explore the ways in (...) which phenomenal qualities fit in with our understanding of mind and reality. This volume offers an indispensable resource for anyone wishing to understand the nature of conscious experience. (shrink)
According to the Humean theory of motivation, a person can only be motivated to act by a desire together with a relevantly related belief. More specifically, a person can only be motivated to ϕ by a desire to ψ together with a belief that ϕ-ing is a means to or a way of ψ-ing. In recent writings, Michael Smith gives what has become a very influential argument in favour of the Humean claim that desire is a necessary part of motivation, (...) and a great deal has been written about Smith's defence of this Humean claim. However, no one has yet identified the fundamental weakness of his defence. The fundamental weakness is that there is no single conception of directions of fit that does all the work Smith needs it to do throughout the various stages of his defence. (shrink)
According to the knowledge argument, physicalism fails because when physically omniscient Mary first sees red, her gain in phenomenal knowledge involves a gain in factual knowledge. Thus not all facts are physical facts. According to the ability hypothesis, the knowledge argument fails because Mary only acquires abilities to imagine, remember and recognise redness, and not new factual knowledge. I argue that reducing Mary’s new knowledge to abilities does not affect the issue of whether she also learns factually: I show that (...) gaining specific new phenomenal knowledge is required for acquiring abilities of the relevant kind. Phenomenal knowledge being basic to abilities, and not vice versa, it is left an open question whether someone who acquires such abilities also learns something factual. The answer depends on whether the new phenomenal knowledge involved is factual. But this is the same question we wanted to settle when first considering the knowledge argument. The ability hypothesis, therefore, has offered us no dialectical progress with the knowledge argument, and is best forgotten. (shrink)
This book provides an introduction to the real-life ethical issues faced by those serving in modern military forces. With its focus on the practical problems facing those in positions of command, it is of particular relevance to prospective military officers at military academies. The book is also appropriate for Ethics of War and Military Ethics courses at non-military undergraduate programs in philosophy and ethics. The book includes more than fifty specially selected case studies, many previously unpublished. These cases enable students (...) to examine, in real and understandable situations, the ethical problems which military personnel face in modern operations. (shrink)
In Roman Catholic Moral Theology, a direct abortion is never permitted. An indirect abortion, in which a life threatening pathology is treated, and the treatment inadvertently leads to the death of the fetus, may be permissible in proportionately grave situations. In situations in which a mother’s life is endangered by the pregnancy before the fetus is viable, there is some debate about whether the termination of the pregnancy is a direct or indirect abortion. In this essay a recent case from (...) a Roman Catholic sponsored hospital in Phoenix is reviewed along with the justifications for and arguments against viewing the pregnancy termination as an indirect abortion. After review of several arguments on both sides of the debate, it is concluded that termination of the pregnancy itself as the means of saving the mother cannot be considered an indirect abortion and that the principle of “double effect” does not justify the termination. In addition, the importance of a breakdown in communication between the local bishop and the administration of the hospital is shown to have contributed to the ultimate loss of Catholic sponsorship of the hospital. (shrink)
I argue that there is no fallacy of argument from authority. I first show the weakness of the case for there being such a fallacy: text-book presentations are confused, alleged examples are not genuinely exemplary, reasons given for its alleged fallaciousness are not convincing. Then I analyse arguing from authority as a complex speech act. Rejecting the popular but unjustified category of the "part-time fallacy", I show that bad arguments which appeal to authority are defective through breach of some felicity (...) condition on argument as a speech act, not through employing a bad principle of inference. (shrink)
This volume continues the story of European political theorising by focusing on medieval and Renaissance thinkers. It includes extensive discussion of the practices that underpinned medieval political theories and which continued to play crucial roles in the eventual development of early-modern political institutions and debates. The author strikes a balance between trying to understand the philosophical cogency of medieval and Renaissance arguments on the one hand, elucidating why historically-suited medieval and Renaissance thinkers thought the ways they did about politics; and (...) why we often think otherwise. (shrink)
The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.