There is more to legal knowledge representation than knowledge-bases. It is valuable to look at legal knowledge representation and its implementation across the entire domain of computerisation of law, rather than focussing on sub-domains such as legal expert systems. The DataLex WorkStation software and applications developed using it are used to provide examples. Effective integration of inferencing, hypertext and text retrieval can overcome some of the limitations of these current paradigms of legal computerisation which are apparent when they are used (...) on a stand-alone basis. Effective integration of inferencing systems is facilitated by use of a (quasi) natural language knowledge representation, and the benefits of isomorphism are enhanced. These advantages of integration apply to all forms of inferencing, including document generation and casebased inferencing. Some principles for development of integrated legal decision support systems are proposed. (shrink)
_Utilitarianism_ is a classic work of ethical theory, arguably the most persuasive and comprehensible presentation of this widely inﬂuential position. Mill argues that it is pleasure and pain that ought to guide our decision-making&and not the pleasure and pain of any one person or group, but the summative experience of all who are affected by our actions. While he didn’t invent utilitarianism, Mill offered its clearest expression and strongest defense, and expanded the theory to account for the variety in quality (...) that we ﬁnd among speciﬁc pleasures and pains. Today, Mill’s version of the “Greatest Happiness Principle” is a standard premise in many moral arguments within the academy and in practical ethical and political deliberation. The complete text of the 1871 edition of _Utilitarianism_ is presented here, with footnote annotations added to clarify unfamiliar references and terminology for the student reader. A detailed introduction by the editor is divided into brief digestible parts discussing the context of the text and offering guidelines on how to read it accurately and critically. This edition has its origin in the acclaimed _Broadview Anthology of Social and Political Thought_ and adheres to the anthology’s format and high standard of accuracy and accessibility. (shrink)
This important collection of essays by Andrew Feenberg presents his critical theory of technology, an innovative approach to philosophy and sociology of technology based on a synthesis of ideas drawn from STS and Frankfurt School Critical Theory. The volume includes chapters on citizenship, modernity, and Heidegger and Marcuse.
Andrew Collier is the boldest defender of objectivity - in science, knowledge, thought, action, politics, morality and religion. In this tribute and acknowledgement of the influence his work has had on a wide readership, his colleagues show that they have been stimulated by his thinking and offer challenging responses. This wide-ranging book covers key areas with which defenders of objectivity often have to engage. Sections are devoted to the following: 'objectivity of value', 'objectivity and everyday knowledge', 'objectivity in political (...) economy', 'objectivity and reflexivity', 'objectivity, postmodernism and feminism', 'objectivity and nature'. The diverse contributions range from social and political thought to philosophy, reflecting the central themes of Collier's work. (shrink)
Andrew Youpa offers an original reading of Spinoza's moral philosophy, arguing it is fundamentally an ethics of joy. Unlike approaches to moral philosophy that center on praiseworthiness or blameworthiness, Youpa maintains that Spinoza's moral philosophy is about how to live lovingly and joyously. His reading expands to examinations of the centrality of education and friendship to Spinoza's moral framework, his theory of emotions, and the metaphysical foundation of his moral philosophy.
Comparative psychology, the multidisciplinary study of animal behavior and psychology, confronts the challenge of how to study animals we find cute and easy to anthropomorphize, and animals we find odd and easy to objectify, without letting these biases negatively impact the science. In this Element, Kristin Andrews identifies and critically examines the principles of comparative psychology and shows how they can introduce other biases by objectifying animal subjects and encouraging scientists to remain detached. Andrews outlines the scientific benefits of treating (...) animals as sentient research participants who come from their own social contexts and with whom we will be in relationship. With discussions of science's quest for objectivity, worries about romantic and killjoy theories, and debates about chimpanzee cognition between primatologists who work in the field and those in the lab, Andrews shows how scientists can address the different biases through greater integration of the subdisciplines of comparative psychology. (shrink)
Vagueness is the study of concepts that admit borderline cases. The epistemology of vagueness concerns attitudes we should have towards propositions we know to be borderline. On this basis Andrew Bacon develops a new theory of vagueness in which vagueness is fundamentally a property of propositions, explicated in terms of its role in thought.
In his paper, ‘A critique of religious fictionalism’, Benjamin Cordry raises a series of objections to a fictionalist form of religious non-realism that I proposed in my earlier paper, ‘Can an atheist believe in God?’. They fall into two main categories: those alleging that an atheist would be unjustified in adopting fictionalism, and those alleging that fictionalism could not be successfully implemented, or practised communally. I argue that these objections can be met.
Andrew Sayer undertakes a fundamental critique of social science's difficulties in acknowledging that people's relation to the world is one of concern. As sentient beings, capable of flourishing and suffering, and particularly vulnerable to how others treat us, our view of the world is substantially evaluative. Yet modernist ways of thinking encourage the common but extraordinary belief that values are beyond reason, and merely subjective or matters of convention, with little or nothing to do with the kind of beings (...) people are, the quality of their social relations, their material circumstances or well-being. The author shows how social theory and philosophy need to change to reflect the complexity of everyday ethical concerns and the importance people attach to dignity. He argues for a robustly critical social science that explains and evaluates social life from the standpoint of human flourishing. (shrink)
In this essay I describe how contractarianism might approach interspecies welfare conflicts. I start by discussing a contractarian account of the moral status of nonhuman animals. I argue that contractors can agree to norms that would acknowledge the “moral standing” of some animals. I then discuss how the norms emerging from contractarian agreement might constrain any comparison of welfare between humans and animals. Contractarian agreement is likely to express some partiality to humans in a way that discounts the welfare of (...) some or all animals. While the norms emerging from the contract might be silent or inconsistent in some tragic or catastrophic cases, in most ordinary conflicts of welfare, contractors will agree to norms that produce some determinate resolution. What the agreement says can evolve depending upon how the contractors or the circumstances change. I close with some remarks on contractarian indeterminacy. (shrink)
Despite the frequency with which the term 'community' is used, it is hard to find any comprehensive exploration of the nature and value of community. This book tries to remedy this omission whilst taking seriously the idea that community can be of different kinds and can exist at different levels, and that these levels and kinds may come into conflict with one another. It focuses on the question of what kind of community is valuable at the level of the state. (...) It then explores the limits that ideals of political community place upon cultural diversity within the state, and the limits that, in turn, ideals of global community place upon the self-determination of political communities. This book will be of interest to students of political theory, philosophy and international relations. (shrink)
We live in a world of technical systems, designed in accordance with technical disciplines and operated by a personnel trained in those disciplines. This is a unique form of social organization without historical precedent. It overshadows traditional democratic institutions and largely determines our way of life. Technosystem: The Social Life of Reason reconstructs the idea of democracy for this brave new world. The author draws on the tradition of radical social criticism represented by Herbert Marcuse and the Frankfurt School as (...) well as contemporary Science and Technology Studies. The social critics recognized the role of instrumental rationality in modern societies, but they did not analyze any actual technologies in detail, nor did they develop a convincing theory of democratic resistance to the new forms of domination by rational systems. STS has developed methods of analysis for a fine-grained study of technology. Technosystem brings these methods to bear on the resistances emerging in the world described by the radical social critics of the Frankfurt School.--. (shrink)
This paper suffers from a disconcerting generality. I need an excuse for wandering from Wittgenstein's Tractatus to Picasso's drawing of a Weeping Woman, via the philosophy of science and the theory of sense data. The thesis of the paper is that I have such an excuse. These are all areas where the concept of representation either exists in its own right, or has been found to be illuminating by philosophers. An important question is whether it could be the same concept (...) in all these cases. I wish to claim that there is an illuminating common concept, even though to find it may require some fairly drastic modifications of some of the philosophical theses that are involved. (shrink)
The Oxford Monographs On Criminal Law And Justice series aims to cover all aspects of criminal law and procedure including criminal evidence. the scope of the series is wide, encompassing both practical and theoretical works. Series Editor: Professor Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford. This volume is a thematic collection of essays on sentencing theory by leading writers. The essays fall into three groups. Part I considers the underlying justifications for the imposition of punishment (...) by the State, and examines the relationship between victims, offenders and the State. Part II addresses a number of areas of sentencing policy that have given rise to particular difficulty, such as the sentencing of drug offenders, the rationale for discounting sentences for multiple offenders, the existence of special sentencing for young offenders, and cases where the injury done to the victim is of a different magnitude from what might have been expected. Part III raises various questions about the unequal impact on offenders of different sentencing measures, and examines the extent to which sentences should be adjusted to take account of these different impacts and of broader social inequalities. This volume is dedicated to Professor Andrew von Hirsch, whose continuing work on sentencing theory provided the stimulus for the collection. (shrink)
We develop a theory of necessity operators within a version of higher-order logic that is neutral about how fine-grained reality is. The theory is axiomatized in terms of the primitive of *being a necessity*, and we show how the central notions in the philosophy of modality can be recovered from it. Various questions are formulated and settled within the framework, including questions about the ordering of necessities under strength, the existence of broadest necessities satisfying various logical conditions, and questions about (...) their logical behaviour. We also wield the framework to probe the conditions under which a logicist account of necessities is possible, in which the theory is completely reducible to logic. (shrink)
Newton's philosophical views are unique and uniquely difficult to categorise. In the course of a long career from the early 1670s until his death in 1727, he articulated profound responses to Cartesian natural philosophy and to the prevailing mechanical philosophy of his day. Newton as Philosopher presents Newton as an original and sophisticated contributor to natural philosophy, one who engaged with the principal ideas of his most important predecessor, René Descartes, and of his most influential critic, G. W. Leibniz. Unlike (...) Descartes and Leibniz, Newton was systematic and philosophical without presenting a philosophical system, but over the course of his life, he developed a novel picture of nature, our place within it, and its relation to the creator. This rich treatment of his philosophical ideas will be of wide interest to historians of philosophy, science, and ideas. (shrink)
In 1929 Ernst Cassirer and Martin Heidegger participated in a momentous debate in Davos, Switzerland, which is widely held to have marked an important division in twentieth-century European thought. Peter E. Gordon’s recent book, Continental Divide: Heidegger, Cassirer, Davos, centers on this debate between these two philosophical adversaries. In his book Gordon examines the background of the debate, the issues that distinguished the respective positions of Cassirer and Heidegger, and the legacy of the debate for later decades. Throughout the work, (...) Gordon concisely portrays the source of disagreement between the two adversaries in terms of a difference between Cassirer’s philosophy of spontaneity and Heidegger’s philosophy of receptivity, or of “thrownness” , into a situation that finite human beings can never hope to master. Although it recognizes that this work provides an important contribution to our understanding of the Davos debate and to twentieth-century European thought, this review essay subjects Gordon’s manner of interpreting the distinction between Cassirer and Heidegger to critical scrutiny. Its purpose is to examine the possibility that important aspects of the debate, which do not conform to the grid imposed by Gordon’s interpretation, might have been set aside in the context of his analysis. (shrink)
By what steps, historically, did morality emerge? Our remote ancestors evolved into social animals. Sociality requires, among other things, restraints on disruptive sexual, hostile, aggressive, vengeful, and acquisitive behavior. Since we are innately social and not social by convention, we can assume the biological evolution of the emotional equipment – numerous predispositions to want, fear, feel anxious or secure – required for social living, just as we can assume cultural evolution of various means to control antisocial behavior and reinforce the (...) prosocial kind. Small clans consisting, say, of several extended families whose members cooperated in hunting, gathering, defense, and child-rearing could not exist without a combination of innate and social restraints on individual behavior. I shall argue for a naturalistic theory of morality, by which I do not mean the definitional claims G.E. Moore sought to refute, but a broader and more complex theory that maintains that a sufficient understanding of human nature, history, and culture can fully explain morality; that nothing is left hanging. A theory that coherently brings together the needed biological, psychological, and cultural facts I shall call a philosophical anthropology; it is a theory that: 1) takes the good for humans – both an ultimate good and other important goods – to depend on human nature; 2) argues that a rudimentary but improving scientific and philosophical theory of human nature now exists, and thus denies that people are “essenceless”; 3) takes this theory to be evolutionary and historical, making the question “How did morality originate?” pivotal for ethical theory, but leaves open the empirical question of the relative importance of biological and cultural evolution; and 4) takes the origin of the moral ideas to be explainable in terms of human nature and history. (shrink)
This is the first comprehensive book-length introduction to the philosophy of Western music that fully integrates consideration of popular music and hybrid musical forms, especially song. Its author, Andrew Kania, begins by asking whether Bob Dylan should even have been eligible for the Nobel Prize in Literature, given that he is a musician. This motivates a discussion of music as an artistic medium, and what philosophy has to contribute to our thinking about music. Chapters 2-5 investigate the most commonly (...) defended sources of musical value: its emotional power, its form, and specifically musical features (such as pitch, rhythm, and harmony). In chapters 6-9, Kania explores issues arising from different musical practices, particularly work-performance (with a focus on classical music), improvisation (with a focus on jazz), and recording (with a focus on rock and pop). Chapter 10 examines the intersection of music and morality. The book ends with a consideration of what, ultimately, music is. (shrink)
Careful examination of the arguments used in the De aeternitate mundi attributed to Boethius of Dacia shows that this is not a work of radical Aristotelianism, but a teaching text aimed at showing students how to approach the question of the eternity of the world in their disputations. A comparison of the text with some of the articles condemned in 1277 demonstrates that the articles do not originate from the text and that the work was not targeted by Tempier. What (...) is learned from the text about disputations on the eternity of the world is then used to show another way of reading these articles which is consistent with Tempier’s assertion that they were put forward by students during disputations and to some extent enables one to reconstruct the debates as they happened. This also shows how the students distorted the arguments of their masters for their own ends, which in turn suggests how the so-called ‘double truth’ may have been inspired by the De aeternitate mundi or a text like it. Finally, this helps explain the apparent reaction against the arguments used in the De aeternitate on the part of a number of philosophy teachers during the 1270s. (shrink)
Ushenko's speculative vision opened on the problem of time and its relation to logic. Profoundly concerned about the theme of time--the theme that intrinsically defines romantic irrationalism--he yet endeavored to vindicate within the bounds of temporality the sovereignty of logic so essential to the continuance of classical philosophy. The dual preoccupation with time and logic urged him into the fields of symbolic logic and relativity physics. From the flux of unrepeatable events he disengaged the laws of logic and the propositions (...) of scientific discourse, while at the same time he sought to keep both orders of entity united without injury to either. He ventured into nature as disclosed by contemporary physics and selected the category of event to supplant substance. He undertook to expound a metaphysics of events, grappled with the problem of the unity not only of nature but of the singular events that make up nature, and fixed upon the overarching structure of the space-time of relativity physics to resolve the problem. But this did not suffice. The metaphysical vision at work in these early books glimpsed at moments a principle beyond time, beyond propositions, beyond events--the principle of power. Power and Events: An Essay on Dynamics in Philosophy focused on the principle of power, integrating the other themes in terms of it. As the mature work of a significant and original thinker, Power and Events posed the principle of power as the central idea for the future course of philosophical investigation. In pursuit of its implications Ushenko embarked upon the philosophy of art in his last book Dynamics of Art and in a consistent yet startling fashion advanced the thesis that the substance of art is in effect a dynamic equilibrium of powers. (shrink)
Like it or not, a big picture of the history of science is something which we cannot avoid. Big pictures are, of course, thoroughly out of fashion at the moment; those committed to specialist research find them simplistic and insufficiently complex and nuanced, while postmodernists regard them as simply impossible. But however specialist we may be in our research, however scornful of the immaturity of grand narratives, it is not so easy to escape from dependence – acknowledged or not – (...) on a big picture. When we define our research as part of the history of science, we implicitly invoke a big picture of that history to give identity and meaning to our specialism. When we teach the history of science, even if we do not present a big picture explicitly, our students already have a big picture of that history which they bring to our classes and into which they fit whatever we say, no matter how many complications and refinements and contradictions we put before them – unless we offer them an alternative big picture. (shrink)
This paper aims to determine whether we can locate temporal passage in a non-dynamical (block universe) world. In particular, we seek to determine both whether temporal passage can be located somewhere in our world if it is non-dynamical, and also to home in on where in such a world temporal passage can be located, if it can be located anywhere. We investigate this question by seeking to determine, across three experiments, whether the folk concept of temporal passage can be satisfied (...) in our world if it is non-dynamical, and, if it can, what sort of thing in our world satisfies that concept. In particular, we focus on the question of whether that concept (if satisfied) is satisfied by something mind-dependent or something mind-independent. In other words, we ask, is temporal passage something that is at least partially in the mind, or is it entirely external to the mind? We find, contrary to what is often assumed by dynamists and non-dynamists alike, that the folk concept of temporal passage is satisfied in our world conditional on it being non-dynamical, and that the concept is satisfied by something mind-independent. This provides further ammunition for recent deflationary accounts of temporal passage that attempt to locate passage somewhere in our non-dynamical world. (shrink)
Ushenko presented his philosophy of logic in vehement opposition to "the postulationist theory." In the endeavor to amputate logic from philosophy and absorb it within mathematics, the postulationists viewed logic as an isolated object-logic to be discussed in meta-logic and construed its symbolic formulas as a game played according to arbitrarily established rules. The objections Ushenko raised are no longer novel, but twenty years ago the entire controversy was new. Above all, he stressed the numerous difficulties entangling the meta-logic. He (...) scored the menace of an infinite regress of meta-logics, and insisted that the consequences of Gödel's work necessarily frustrate the initial great expectations of the postulationists. No purely formal system can be internally proved to be self-consistent and certainly no formal language can ever become as comprehensive as English, though the price of such comprehensiveness is the inevitable occurrence of contradictory sentences. Moreover, he argued that, despite the postulationists' pretense that rules like the principle of non-contradiction were mere conventions for playing the game of logic, these rules proved ubiquitous by trespassing from the object-logic and intruding into the ultimate reaches of the meta-logic. (shrink)
Thoroughly revised, this new edition of Critical Theory of Technology rethinks the relationships between technology, rationality, and democracy, arguing that the degradation of labor--as well as of many environmental, educational, and political systems--is rooted in the social values that preside over technological development. It contains materials on political theory, but the emphasis has shifted to reflect a growing interest in the fields of technology and cultural studies.
This book expounds the transcendental realist theory of science and critical naturalist social philosophy that have been developed by Bhaskar and are used by many contemporary social scientists. It defends Bhaskar's view that the possibility and necessity of experiment show that reality is structured and stratified, his use of this idea to develop a non-reductive explanatory account of human sciences, and his notion that to explain social structures can sometimes be to criticize them. After a discussion of the uses of (...) critical realism in controversial areas of social science, Bhaskar's optimism about the prospects of human sciences is criticized. (shrink)
Pornography is everywhere, and it raises a host of difficult questions. What counts as pornography, first of all? When does material cross the line from being erotic to being objectionable? Where does a person's entitlement to sexual freedom end and another person's right not to feel objectified begin? How should rights be weighed against consequences in deciding what laws and policies ought to be adopted? Philosophers Andrew Altman and Lori Watson explore these and other issues in this succinct and (...) readable for-and-against volume. (shrink)
In this extraordinary introduction to the study of the philosophy of technology, Andrew Feenberg argues that techonological design is central to the social and political structure of modern societies. Environmentalism, information technology, and medical advances testify to technology's crucial importance. In his lucid and engaging style, Feenberg shows that technology is the medium of daily life. Every major technical changes reverberates at countless levels: economic, political, and cultural. If we continue to see the social and technical domains as being (...) seperate, then we are essentially denying an integral part of our existence, and our place in a democratic society. Questioning Tecchnology convinces us that it is vital that we learn more about technology the better to live with it and to manage it. (shrink)
In Being and Worth Andrew Collier argues that beings both in the natural and human worlds have worth in themselves, whether we recognize it or not. He builds on recent work in critical realism to provide a reassessment of Spinoza's philosophy of mind and ethics. Conclusions are developed with particular reference to environmental ethics.
In this book, Andrew Inkpin considers the disclosive function of language—what language does in revealing or disclosing the world. His approach to this question is a phenomenological one, centering on the need to accord with the various experiences speakers can have of language. With this aim in mind, he develops a phenomenological conception of language with important implications for both the philosophy of language and recent work in the embodied-embedded-enactive-extended tradition of cognitive science. -/- Inkpin draws extensively on the (...) work of Martin Heidegger, Maurice Merleau-Ponty, and Ludwig Wittgenstein, showing how their respective conceptions of language can be combined to complement each other within a unified view. From the early Heidegger, Inkpin extracts a basic framework for a phenomenological conception of language, comprising both a general picture of the role of language and a specific model of the function of words. Merleau-Ponty’s views are used to explicate the generic “pointing out”—or presentational—function of linguistic signs in more detail, while the late Wittgenstein is interpreted as providing versatile means to describe their many pragmatic uses. Having developed this unified phenomenological view, Inkpin explores its broader significance. He argues that it goes beyond the conventional realism/idealism opposition, that it challenges standard assumptions in mainstream post-Fregean philosophy of language, and that it makes a significant contribution not only to the philosophical understanding of language but also to 4e cognitive science. (shrink)
Between World War I and World War II, the students of Columbia University's John Dewey and Frederick J. E. Woodbridge built up a school of philosophical naturalism sharply critical of claims to value-neutrality. In the 1930s and 1940s, the second-generation Columbia naturalists and their students who later joined the department reacted with dismay to the arrival on American shores of logical empiricism and other analytic modes of philosophy. These figures undermined their colleague Ernest Nagel's attempt to build an alliance with (...) the logical empiricists, accusing them of ignoring the scholar's primary role as a public critic. After the war, the prestige of analytic approaches and a tendency to label philosophies either???analytic??? or???Continental??? eclipsed the Columbia philosophers??? normatively inflected naturalism. Yet in their efforts to resist logical empiricism, the Columbia naturalists helped to construct a sturdy, canonical portrait of???American philosophy??? that proponents still hold up as a third way between analytic and Continental approaches. (shrink)
The subject of this essay is the classical problem of induction, which is sometimes attributed to David Hume and called “the Humean Problem of Induction.” Here, I examine a certain sort of Neo-Aristotelian solution to the problem, which appeals to the concept of natural kinds in its response to the inductive skeptic. This position is most notably represented by Howard Sankey and Marc Lange. The purpose of this paper is partly destructive and partly constructive. I raise two questions. The first (...) is: Are the natural kind solutions to the problem successful? The first thesis of this paper is that they are not, and I will show how and why they fail. And the second question I raise here is: Is there nonetheless some alternative Neo-Aristotelian solution to the problem which is successful and can overcome the shortcomings endemic to the Sankey-Lange account? The second thesis is that there is, and I’ll attempt to sketch one. My stance here may be summarized by saying that, while I agree with Sankey and Lange that the problem of induction can be adequately resolved, and while I am on the whole sympathetic with the Aristotelian spirit of their account(s), I am, for all that, dissatisfied with the letter of them. Nothing short of a more thoroughgoing Aristotelianism about the epistemology of induction will do. (shrink)