"What is a military aircraft? John Law shows in his beautiful analysis that it is a constant oscillation between multiplicity and singularity.

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space of (...) regions, and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Skeptical theism is a leading response to the evidential argument from evil against the existence of God. Skeptical theists attempt to block the inference from the existence of inscrutable evils to gratuitous evils by insisting that given our cognitive limitations, it wouldn’t be surprising if there were God-justifying reasons we can’t think of. A well-known objection to skeptical theism is that it opens up a skeptical Pandora’s box, generating implausibly wide-ranging forms of skepticism, including skepticism about the external world and (...) past. This paper looks at several responses to this Pandora’s box objection, including a popular response devised by Beaudoin and Bergmann. I find that all of the examined responses fail. It appears the Pandora’s box objection to skeptical theism still stands. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

This chapter looks at a range of objections to theism that one might class as “logical.” Some of these objections aim to show that theism involves an internal logical contradiction. Others aim to show that theism is at least logically incompatible with other beliefs to which the theist is also typically committed. Also included are objections grounded in the thought that theism is nonsensical or meaningless. The chapter provides both an overview of this broad terrain, including a map of possible (...) responses to different kinds of objection, and then a number of examples. (shrink)

This paper presents an extension of Putnam's account of how substance terms such as ‘water’ and ‘gold’ function and of how a posteriori necessary truths concerning the underlying microstructures of such kinds may be derived. The paper has three aims. I aim to refute a familiar criticism of Putnam's account: that it presupposes what Salmon calls an ‘irredeemably metaphysical, and philosophically controversial, theory of essentialism’. I show how all of the details of Putnam's account—including those that Salmon believes smuggle in (...) such essentialist commitments—can be squared with a rejection of any such essentialist metaphysics. I aim to reveal why Steward is wrong to suppose that, by helping himself to the claim that ‘H2O’ is a rigid designator of a substance, Kripke, too, presupposes something controversially ‘metaphysical’. I aim to show how my proposed account also sidesteps a variety of objections raised by Needham and others who argue that Kripke's and Putnam's accounts of how ‘water’ and.. (shrink)

This paper examines recent attempts to defend Rule-Consequentialism against a traditional objection. That objection takes the form of a dilemma, that either Rule-Consequentialism collapses into Act-Consequentialism or it is incoherent. Attempts to avoid this dilemma based on the idea that using RC has better results than using AC are rejected on the grounds that they conflate the ideas of a criterion of rightness and a decision procedure. Other strategies, Brad Hooker's prominent amongst them, involving the thought that RC need contain (...) no overarching concern to maximize the good are acknowledged to avoid the original dilemma, but lead to further problems of motivating and justifying RC in the absence of such a concern. The paper argues that Hooker's attempt to deal with these problems by using a 'Reflective Equilibrium plus method is unsuccessful. (shrink)

Humanists expound the virtues of science and reason. Emphasis is placed on formulating theories and predictions with clarity and precision, focusing wherever possible on phenomena that are mathematically quantifiable and can be objectively and precisely measured. Science and reason offer us truth‐sensitive ways of arriving at beliefs. As a result of scientific investigation, many religious claims, or claims endorsed by religion, have been shown to be false, or at least rather less well founded than previously thought. So science has threatened (...) and indeed established beyond reasonable doubt the falsity of some religious beliefs. Science and reason are able to threaten, and indeed demolish, many religious beliefs. When religious and other woo‐claims are challenged by science and reason, various strategies may be employed in their defence. Some of the strategies are selective scepticism, re‐interpretation and accusation of scientism. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and (...) implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

This article offers arefutation of the corrective justiceinterpretation of tort law – the view that itis essentially a system of corrective justice. It introduces a distinction between primary andsecondary tort duties and claims that tort lawis best understood as the union of its primaryand secondary duties. It then advances twoindependent criticisms of the correctivejustice interpretation. The article firstargues that primary tort duties have nothingfundamentally to do with corrective justice andthat, if one understands what is meant by``primary tort duties,'' one is (...) compelledto regard this fact as a decisive objection tothe corrective justice interpretation. Second,it argues that, whatever relation thereis between secondary tort duties and correctivejustice, that relation also holds betweencorrective justice and secondary duties ofother legal branches. In sum, the concept ofcorrective justice is neither capable ofunifying tort law nor of demarcating it fromother legal branches.The article also offers a general alternativeinterpretation of tort law. Rather thanbeing essentially corrective, tort law isessentially protective. Under this picture, iftort law has a most important point, it is theprotection of legal subjects and valuablesocial interests from harm. This is theoverarching ambition that unifies primary andsecondary tort duties. It does not, however,demarcate tort law from other legal branches. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

Sexual and reproductive health is a challenge worldwide, and much progress is needed to reach the relevant UN Sustainable Development Goals. This paper presents cross-sectional data collected in Sierra Leone on sexual and gender-based violence, family planning, child, early and forced marriage, and female genital mutilation using an innovative method of measurement: situational judgment tests, as a subset of questions within a larger survey tool. For the SJTs, respondents saw hypothetical scenarios on these themes and had to indicate how they (...) would react. The objective is to give an impression of beliefs and norms on specific behaviors, which provide insights for social and behavior change interventions. Data was collected by enumerators traveling to villages randomly selected in six districts of the country. The sample is composed of 566 respondents. Results show that FGM in particular seem to be a priority topic, in comparison to the other topics for which the norms seem to be stronger against those practices. Age differences emerged and suggest priority groups to be targeted. In terms of validity of the measurement methods, situational judgment test answers correlated positively with other items in the survey, but the magnitude of the association is often small, and sometimes not significant. Thus, more studies are needed to further explore the validity of this measure by comparing against a reference value. Using SJTs could complement other data collection tools to perform community assessment, and orient the direction of the program in its planning phase. (shrink)

This chapter presents some of Ayn Rand's express condemnations of non‐objective law and then indicates the underlying principles of government that explain these assessments. It also discusses the implications of Rand's view for the traditional Natural Law‐Positivism dispute over the authority of law and for the moral status of the Rule of Law. In particular, the chapter shows why the Rule of Law, on what she regards as a proper conception of objective law, is emphatically a moral ideal. (...) The broad scope of Rand's conception of objective law is explained not only by her view of the function of government, but also by her understanding of objectivity itself. In the sense in which the term applies to man‐made things, objectivity is normative. Rand's analysis suggests that the propriety of the Rule of Law rests, at bottom, in its objectivity. The Rule of Law banishes subjectivism. (shrink)

What is objectivity? What is the rule of law? Are the operations of legal systems objective? If so, in what ways and to what degrees are they objective? Does anything of importance depend on the objectivity of law? These are some of the principal questions addressed by Matthew H. Kramer in this lucid and wide-ranging study that introduces readers to vital areas of philosophical enquiry. As Kramer shows, objectivity and the rule of law are complicated phenomena, each comprising (...) a number of distinct though overlapping dimensions. Although the connections between objectivity and the rule of law are intimate, they are also densely multi-faceted. (shrink)

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.

Given its importance in modern physics, philosophers of science have paid surprisingly little attention to the subject of symmetries and invariances, and they have largely neglected the subtopic of symmetry breaking. I illustrate how the topic of laws and symmetries brings into fruitful interaction technical issues in physics and mathematics with both methodological issues in philosophy of science, such as the status of laws of physics, and metaphysical issues, such as the nature of objectivity.

The ideal of objectivity is in crisis in science and the law, and yet it continues to do important work in both practices. This article describes that crisis and develops a shared rescue strategy for objectivity in both domains. In a recent article, Inkeri Koskinen attempts to bring unity to the fragmented discourse on objectivity in the philosophy of science with a risk account of objectivity. To put it simply, she argues that we call practitioners, processes, and products of science (...) objective when they identify and manage certain important epistemic risks. We endorse this view and attempt to tailor Koskinen's strategy to the problem of objectivity in the legal context. To do so, we develop a novel notion of phronetic risk, and argue that we call practitioners, processes, and products of law objective when they identify and manage certain important epistemic and/or phronetic risks. Our attempt to rescue objectivity is especially important for work at the intersection of law and psychiatry. For that intersection represents a place where skeptical worries about objectivity in science and law work in tandem to pose serious critical challenges to contemporary practice; and our rescue strategy represents a promising way to negotiate those challenges. (shrink)

The principle of the "uniformity of nature" states that reality is subject to natural laws. In this paper I argue that a weak version of the principle of the uniformity of nature is a necessary truth. According to this weakened principle, every reality for which the question of its subjection to natural laws can arise is subject to natural laws. I argue that this question arises only for a subject who knows of the existence of objective reality, qua (...) class='Hi'>objective (that is, reality which is independent of any knowledge of it). I show that a necessary condition for knowledge of objective reality, qua objective, is that the subject can acquire knowledge of past and future events, which he does not perceive directly through his senses, and that only natural (contingent) regularities enable the subject to do so. Hence, I conclude that every reality for which the question of its subjection to natural laws can arise is subject to natural laws. (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in (...) metaphysics, which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

the question of objectivity in legal interpretation has emerged in recent years as an imprtant topic in contemporary jurisprudence. This book addresses the issue of how and in what sense legal interpretation can be objective. The author supports the possibility of objectivity in law and spells out the content of objectivity involved. He then provides a defence against the classical, as well as less well-known, objections to the possibility of objectivity in legal interpretation. The discussion is thoroughly grounded in (...) metaphysics, which sets the book apart from other similar discussions in jurisprudence. Stavropoulos identifies an important source of resistance to the acceptance of the possibility of objectivity in legal interpretation; a widely held but faulty semantic. He then develops an alternative semantic framework, drawing on influential theories in contemporary philosophy. The book shows that objectivism is a natural, common sensical position, and rejects the currently popular notion that objectivism requires extravagant or bizarre metaphysics. Furthermore, the discussion presents the opportunity to re-interpret major debates in jurisprudence and to show how influential theories, notably H.L.A. Hart's and Ronald Dworkin's, bear on that issue. (shrink)

In Victoria, Australia, the law regulating abortion was reformed in 2008, and a clause was introduced requiring doctors with a conscientious objection to abortion to refer women to another provid...

What becomes of our clearest theories of explanation, when faced with the unpalatable quantum phenomena that seem to undermine the direct conceptual connection between the fundamental material entities and the self-standing material objects of everyday parlance? The general explanatory theory advocates unification of explanatory concepts with everyday discourse, identification of essentially similar characteristics between direct experience and the hypothesised explanatory ontology, and a conceptualisation of phenomena in terms of objects enduring causally regulated change. On the other hand quantum theory feeds (...) antirealist suspicions about the worth of realist explanatory endeavour with examples of phenomena in which the structure of material separation and individuation based on spatial extension is insufficient for construction of deeper explanatory narratives. An example from history of science, that of Newton’s law-constitutive definition of objects in response to D escartes problem of bodies is used to suggest a possible strategy for explanations unifying the quantum and common-sense conceptual domains, provided the anti-realist challenge to such enterprise is read as questioning the epistemological justification of interpretation of experience in both cases.Što se događa s najjasnijim dostupnim teorijama objašnjenja kada se suoče s problematičnim kvantnim pojavama koje naizgled potkopavaju neposrednu konceptualnu poveznicu između fundamentalnih materijalnih entiteta i samoopstojnih materijalnih predmeta iz svakodnevnog govora? Opća teorija objašnjenja preporuča objedinjenje teoretskih eksplanatornih pojmova sa svakodnevnim govorom, određenje esencijalno sličnih karakteristika između neposrednog iskustva i hipotetske eksplanatorne ontologije te konceptualizaciju pojava kroz predmete koji istraju kroz uzročno regulirane promjene. S druge strane, kvantna teorija potkrjepljuje antirealistične sumnje o valjanosti eksplanatornog nastojanja realizma primjerima pojava u kojima je struktura materijalne razdvojenosti i individuacije temeljene na prostornoj protežnosti nedovoljna za izgradnju dubljih eksplanatornih narativa. Primjerom iz povijesti znanosti, Newtonovom definicijom predmeta temeljenom na zakonima kao odgovorom na Descartesov problem materijalnih tijela, daje se moguća strategija izgradnje objašnjenja koja objedinjuju kvantne i “zdravorazumske” konceptualne domene, ukoliko se antirealistična kritika te izgradnje u oba slučaja shvati kao propitivanje epistemološkog opravdanja tumačenja iskustva. (shrink)

In modern times the idea of the objectivity of law has been undermined by skepticism about legal institutions, disbelief in ideals of unbiased evaluation, and a conviction that language is indeterminate. Greenawalt here considers the validity of such skepticism, examining such questions as: whether the law as it exists provides determinate answers to legal problems; whether the law should treat people in an "objective way," according to abstract rules, general categories, and external consequences; and how far the law is (...) anchored in something external to itself, such as social morality, political justice, or economic efficiency. In the process he illuminates the development of jurisprudence in the English-speaking world over the last fifty years, assessing the contributions of many important movements. (shrink)

The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. whether (...) there is a conception of objectivity appropriate for ethics that is different in kind from the conception of objectivity appropriate for other areas of study. This volume considers the intersection between objectivity in ethics and objectivity in law. It presents a survey of live issues in metaethics, and examines their relevance to theorizing about law and adjudication. (shrink)

Legal positivism’s multi-faceted insistence on the separability of law and morality includes an insistence on the thoroughly conventional status of legal norms as legal norms. Yet the positivist affirmation of the conventionality of law may initially seem at odds with the mind-independence of the existence and contents and implications of legal norms. Mind-independence, a central aspect of legal objectivity, has been seen by some theorists as incompatible with the mind-dependence of conventions. Such a perception of incompatibility has led some anti-positivist (...) theorists to reject the notion of law’s conventionality, and has led some positivist theorists to query law’s mind-independence. What will be contended here is that both camps are mistaken. (shrink)

Rousseau's Du contrat social develops an important, unjustly neglected type of theory, which I call 'Natural Law Constructivism' ('NLC'), which identifies and justifies strictly objective basic moral principles, with no appeal to moral realism or its alternatives, nor to elective agreement, nor to prudentialist reasoning. The Euthyphro Question marks a dilemma in moral theory which highlights relations between artifice and arbitrariness. These relations highlight the significance of Hume's founding insight into NLC, and how NLC addresses Hobbes's insight that our (...) most fundamental moral problems concern social coordination. Part 2 systematically re-examines the core of Rousseau's theory of justice to show that it assigns no constitutive role to contractual agreement in identifying or justifying basic normative principles. Part 3 highlights his NLC. (shrink)

Criminal law abolitionists claim that legal punishment cannot be morally justified and that we should therefore abolish criminal law. While this is still a minority position in the current debate, the number of proponents has been increasing, and even opponents have developed a certain degree of sympathy for such claims in recent years. Yet one of the reasons many remain hesitant regarding the abolition of criminal law appears to be the lack of a thought-through alternative, in addition to abolitionists disagreeing (...) considerably amongst themselves on what an alternative should look like. I will call this the missing alternative objection. To address this central concern, I will argue in this paper that the most prominent versions of abolitionism actually converge on the same alternative core to criminal law — even though they are driven by vastly different motivations. This core that current abolitionist theories converge on is two-fold: first, the claim that the state should compel offenders to provide restitution for the victim; second, the claim that restorative processes should be used wherever possible when addressing criminal wrongdoing. This common core is enough to reject the missing alternative objection. (shrink)

In the present paper, I try to shed some light on the Munich-Göttingen conception of essences, laws of essence, and ideal objects. I first start with a preliminary account of their conception of the synthetic a priori at the basis of their conception of essence (§2); I then offer a first characterization of this conception, which I label as metaphysical realism (§3), highlighting its key concept: foundation (§4). In the last four sections (§§5-8), I discuss different outcomes of this conception (...) of essences: the nature of laws of essences (§5), different categories of essences (§6) and anumericity (§7). (shrink)

This volume collects six of Michael Moore's influential studies on moral and legal objectivity. Presented in an accessible format, the essays are brought together by a thought-provoking introduction. Contents: Introduction ETHICS Moral reality Moral reality revisited Good without God LAW Law as justice The plain truth about legal truth Legal reality: a naturalist approach to legal ontology NAME INDEX.

Anthropological scholarship after Marilyn Strathern does something that might surprise lawyers schooled in the tradition of ‘law and society’, or ‘law in context’. Instead of construing law as an instrument of social forces, or as an expression of processes by which society maintains and reproduces itself, a new mode of anthropological enquiry focuses sharply on ‘law itself’, on what Annelise Riles calls the ‘technicalities’ of law. How might the legal scholar be inspired by this approach? In this article, I explore (...) one possible way of approaching law after anthropology, which is to find within law’s own archive a set of resources for an analogous representation of law itself. Drawing on the historical scholarship of Yan Thomas, I suggest that the Roman conception of law as object offers an engaging counterpart to the anthropological take on law as a specific set of tools or, technicalities, or as a particular art of making relations. (shrink)

By enacting equality laws the liberal state decides the limits of liberal tolerance by relying on content-based rather than content-neutral considerations. Equality laws are not and cannot be neutral. They reflect a content-based moral decision about the importance and weight of the principle of equality vis-à-vis other rights or interests. This leads to the following conclusions: First, since equality laws in liberal democracies reflect moral-liberal values, conscientious objections to equality laws rely, almost by definition, on unjustly intolerant, anti-liberal and morally (...) repugnant values. Secondly, we should not shy away from explicitly relying on moral-liberal views when deciding whether it is justified to grant exemptions from equality laws. Thirdly, conscientious objections to equality laws should normally not be tolerated or accommodated by the state, because conscientious objections that rely on what is rightly perceived as unjustly intolerant, anti-liberal and morally repugnant values should not be tolerated in a tolerant-liberal democracy. (shrink)

In this essay, I will engage with the controversy that has sprung up between the proponents of the sharp separation thesis and those of the entanglement thesis. What I will be defending is a variant of the entanglement thesis. By drawing on contemporary action theory and on epistemic conceptualism, I will argue that, while objective facts and practical norms are indeed distinct categories of thought, that distinction does not amount to a conceptual gap—a dichotomy or unbridgeable divide. Their relation, (...) in other words, is not one of logical dualism but one of mere (analytical) distinction between interdependent categories of thinking. Hence the entanglement view on which distinction does not entail dichotomy. (shrink)

Papers in philosophy of law by some of the younger cutting-edge contributors to the field. Two sets of issues of crucial current importance are taken up. The first part deals with issues of meaning and objectivity in the metaphysics of law. The second part is about rights theory. This volume will be required reading for anyone interested in philosophy of law, and also of use for those with broader interests in ethics, metaethics, and social and political philosophy.

Cicero once stressed as the first law of history that “the historian must not dare to tell any falsehood.” This precept entails a minimal ethical requirement that remains unscathed by the whirlpools of epistemic relativism that have called many other aspects of professional historians’ practice into question in the last century or so. No commendable scholar seems willing to invalidate Cicero’s first law, and dependable scholarship—whether relying on objectivity-friendly or objectivity-hostile theoretical assumptions—follows shared standards of integrity and accuracy with which (...) someone from Cicero’s time, for instance, would never be able to comply. In this essay, I suggest that those two circumstances should dispose us more favorably toward a refreshed notion of historical objectivity pointing not only to epistemology but also to professional ethics. I address the condemnation of lying and, more generally, historians’ commitment to sincerity as a way to highlight the ethical dimension of history writing. By focusing on the deep but underexplored moral roots of objectivity, I argue that this concept is still very useful as both an analytical tool and a normative ideal. Objectivity, in the sense I underline here, does not stand in opposition to subjectivity—on the contrary, it is actually tied up with subjective dispositions, virtues, and skills that help shape responsible historiography. (shrink)

The “New Natural Law” Theory (NNL) of Germain Grisez, John Finnis, Joseph Boyle, and their collaborators offers a distinctive account of intentional action, which underlies a moral theory that aims to justify many aspects of traditional morality and Catholic doctrine. -/- In fact, we show that the NNL is committed to premises that entail the permissibility of many actions that are irreconcilable with traditional morality and Catholic doctrine, such as elective abortions. These consequences follow principally from two aspects of the (...) NNL. The first aspect is its distinctive version of the planning theory of intention, in which adopting the 'first-person perspective' of an agent is a sufficient, and not merely necessary, condition for determining the nature of his intentional action; this planning theory rests upon an implicitly Cartesian conception of human behavior, in which behavior chosen by an agent has no intrinsic “intentionalness” apart from what he confers upon it as part of his plan. The second aspect is the NNL's distinctive account of basic human goods' incommensurability, according to which there is no common factor shared by basic human goods that allows them to be comparatively ranked in any way that directs practical deliberation. -/- The entailments of these two aspects of the NNL, we argue, amount to a reductio ad absurdum. Pace the proponents of the NNL account, we sketch an alternative hylomorphic conception of intentional action that avoids untoward moral implications by grounding human agency in the exercise of basic powers that are either (a) essential constituents of human nature or (b) acquired through participation in social practices. This conception of intentional action provides a stronger foundation for natural law theory. (shrink)

In the first part of this paper, I discuss the different kinds of objectivity; general and legal objectivity more specifically. In the second part, I endeavour to explain the two main views that have been advanced to answer four core questions on legal objectivity. The first is whether moral and legal values are objective. Second, what is the nature of the relationship between legal and moral values? The third is whether, due to the specific nature of law, we should (...) consider a domainspecific conception of objectivity for legal values. The fourth concerns whether there is a correspondence between legal values and legal facts. What is the explanation of the platitudes about the nature of law such as that law is reasongiving, normative or authoritative in character? In other words, do legal facts have a place in our 'disenchanted' or naturalistic (in the scientific sense) understanding of the world. In the final section of this paper, I evaluate naturalism and nonnaturalism in law and consider the future of the debate and its relevance for understanding the connection between law, morality and legal normativity. (shrink)

The recent case of the Glasgow midwives, Mary Doogan and Concepta Wood, highlighted again the scope of the ‘conscience clause’ relating to the Abortion Act 1967, and to which tasks it could be appl...

Drawing on Security, Territory, Population and The Birth of Biopolitics, this article aims, firstly, to consolidate our understanding of Foucault’s engagement with law by fleshing out his approach to law and by clarifying that he distinguishes between different kinds of law on the basis of the objectives that law serves and the regime of truth that it embodies. Secondly, using this understanding, the article proceeds to illustrate how the objectives and the regime of truth of the EU internal market law (...) have been displaced in the last few decades. It is argued that this body of law has increasingly come to perform the tasks of law in neoliberal government as pointed out by Foucault in these lectures, namely of expanding the domain of market values and mechanisms, and of restricting the exercise of legitimate government by opposing the rule of law to planning. In this regard, particular attention is paid to the way in which justiciable rights function as a technology of neoliberal rule within the internal market. (shrink)