The “scientific essentialist” doctrine asserts that the following are examples of a posteriori necessary identities: water is H2O; gold is the element with atomic number 79; and heat is the motion of molecules. Evidence in support of this assertion, however, is difficult to find. Both Hilary Putnam and Saul Kripke have argued convincingly for the existence of a posteriori necessities. Furthermore, Kripke has argued for the existence of a posteriori necessary identities in regard to a particular class of statements involving (...) proper names. Neither Kripke nor Putnam, however, has argued convincingly that sentences containing syntactically complex terms or descriptive phrases can express a posteriori necessary identities. I will argue by way of a hypothetical example that ‘water is H2O’ does not express a necessary identity. My argument is unique in that it attacks the relevant sufficiency claim needed to underwrite this putative necessary identity.1 That is, even if we grant that water is necessarily composed of H2O, we should not accept that H2O necessarily forms water. (shrink)

This article seeks to address the manner in which we should conceptualise the duties of directors in making decisions where fundamental rights are at stake. We first attempt to show that, in making decisions that implicate fundamental rights, directors are required to consider all individuals affected as having an intrinsic dignity. The interests of non-shareholders must thus be addressed in a non-instrumental manner which, we argue, is only compatible with the adoption of a ‘stakeholder’ conception of directors’ duties. Adopting such (...) an approach, however, raises the difficulty of how directors are to balance multiple intrinsically valuable interests. We argue that the doctrine of proportionality—which has been developed in fundamental rights law as a structured enquiry concerning the circumstances in which it is justifiable to limit rights—can be adapted to the domain of corporate decision-making. The proportionality enquiry provides a transparent, structured process of reasoning that can aid corporate decision-making and open up the possibility for reviewing decisions of directors that affect the fundamental rights of individuals. (shrink)

It is commonly agreed that Augustine's discussion of divine foreknowledge in DcD 5.9 is distinguished by its anti-Ciceronian polemic, but no one has analyzed the philosophical structure of this polemic to determine if it is compelling. I argue that Augustine's presentation has significant philosophical merit for two reasons. First, Augustine's rigorous application of the principle, shared with Cicero, that "nothing occurs unless it is preceded by an efficient cause" is capable of answeringforcefully one of the chief difficulties that Cicero poses (...) against the possibility of divine omniscience of human choice-making. Second, Augustine's presentation contains the potential to answer persuasively the epistemological problem that Cicero states against divine foreknowledge in his De Jato and De divinatione but which Augustine ignores in DcD 5.9. (shrink)

It is commonly agreed that Augustine's discussion of divine foreknowledge in DcD 5.9 is distinguished by its anti-Ciceronian polemic, but no one has analyzed the philosophical structure of this polemic to determine if it is compelling. I argue that Augustine's presentation has significant philosophical merit for two reasons. First, Augustine's rigorous application of the principle, shared with Cicero, that "nothing occurs unless it is preceded by an efficient cause" is capable of answeringforcefully one of the chief difficulties that Cicero poses (...) against the possibility of divine omniscience of human choice-making. Second, Augustine's presentation contains the potential to answer persuasively the epistemological problem that Cicero states against divine foreknowledge in his De Jato and De divinatione but which Augustine ignores in DcD 5.9. (shrink)

Proceedings of a conference held May 25-26, 2012 at the University of Notre Dame.