Lawrence M. Friedman and Robert V. Percival, The Roots of Justice: Crime and Punishment in Alameda County, California, 1870?1910 Chapel Hill, N.C.: The University of North Carolina Press, 1981, 335 pp. Charles Campbell, Serving Time Together: Men and Women in Prison Fort Worth, Texas Christian University Press, 1980, 237 pp.

In various works, Mark Greenberg has positioned himself as an important critic of legal positivism. He has made a transcendental attack on a metaphysical position that some notable legal positivists have held -- namely, that law is ultimately grounded in social facts. He has pressed legal positivism at a point of perceived vulnerability – the failure of such positivists to develop and defend a compelling theory of legal content. Moreover, in his Moral Impact Theory of law, he preserves a necessary (...) connection between legal obligations and good reasons for action that is absent in legal positivism. This last point may seem particularly attractive, even to those with positivist sympathies. One of his arguments against legal positivism relies heavily on what he calls "the bindingness hypothesis"—namely, the claim that it is part of the “nature of law” that it is “supposed to operate” so as to “arrange matters” to “reliably ensure” that its legal obligations are genuinely, all-things-considered, binding. I argue that Greenberg’s defense of the bindingness hypothesis fails. I attack two other defenses he raises for the Moral Impact theory: the assertion that the Moral Impact Theory makes it easy to account for our concern with law, with the implication that legal positivism cannot so easily account for that concern; and the claim that his Moral Impact Theory fits appellate practice better than some views. I show that these the arguments for the Moral Impact Theory are inadequate. In response to Greenberg’s further argument that the Moral Impact Theory rescues the idea of legal obligation as genuine obligation, I argue that the Moral Impact Theory does so at a very steep price – one that is not worth paying. (shrink)

An amazing value for digital photography beginners–Digital Cameras & Photography For Dummies, a full-color book, plus a 60-minute DVD! This value-priced bundle is the perfect how-to package for novice digital photographers who want to start taking great pictures right away. It features a 256-page, full-color guide that shows how to take great photos, edit them, and show them off–including special "makeover" chapters that explain how to turn bad photos into good ones. The 60-minute DVD demonstrates how to work with light, (...) focus, and exposure to get great photos when shooting sports action, in low light, or a panorama. It also offers tutorials on editing with Photoshop Elements and sharing photos using online services. (shrink)

Recent results from studies on animals suggest that functional germ cells may be generated from human pluripotent stem cells, giving rise to three possibilities: research with these so‐called artificial gametes, including fertilization experiments in vitro; their use in vivo for therapy for the treatment of human infertility; and their use in assisted reproductive technologies in vitro. While the legal, philosophical, and ethical questions associated with these possibilities have been already discussed intensively in other countries, the debate in Germany is still (...) at its beginning. A systematic and detailed analysis of the legal framework in Germany is provided with regard to the three possibilities, including the applicable statutory laws as well as the constitutional law. The question emerges as to whether the statutory laws as well as the constitution justify a distinction to be made between embryos of artificial and natural origin. This question is subject to philosophical analysis, discussing the distinction between person and thing, dignity and price, personality and property, and nature and technique. As a result, the criterion of naturalness alone may not be sufficient to differentiate between embryos of natural and artificial origin, and other criteria need to be identified. (shrink)

We propose two different characterizations for preference relations representable by lower (upper) expectations with the aim of removing either fair price or completeness requirements. Moreover, we give an explicit characterization for comparative degrees of belief on a finite algebra of events representable by lower probabilities.

This article argues that both courage and reason are necessary aspects of moral action. It begins by examining Plato’s changing conceptions of these two virtues, and, in particular, the settled view he arrives at in The Statesman. Sloterdijk’s recent attempt in his book advocating rage to appropriate this dialogue in order to criticize Habermas is then considered. I suggest, by interpreting various claims by these two authors, that neither understands that both reason and courage have essential roles in moral action. (...) Additional support for this conclusion is found, not just in Plato’s late work, but in a ‘third generation’ reworking of critical theory recently developed by Menke. (shrink)

This book explores for the first time an idea common to both Plato and Aristotle: although people are separate, their lives need not be; one person's life may overflow into another's, so that helping someone else is a way of serving oneself. Price considers how this idea unites the philosophers' treatments of love and friendship (which are otherwise very different), and demonstrates that this view of love and friendship, applied not only to personal relationships, but also to the household (...) and even the city-state, promises to resolve the old dichotomy between egoism and altruism. (shrink)

This paper responds to the contributions by Alexander Bird, Nathan Wildman, David Yates, Jennifer McKitrick, Giacomo Giannini & Matthew Tugby, and Jennifer Wang. I react to their comments on my 2015 book Potentiality: From Dispositions to Modality, and in doing so expands on some of the arguments and ideas of the book.

This is a book about the religious life of the Greeks from the eighth century BC to the fifth century AD, looked at in the context of a variety of different cities and periods. Simon Price does not describe some abstract and self-contained system of religion or myths but examines local practices and ideas in the light of general Greek ideas, relating them for example, to gender roles and to cultural and political life (including Attic tragedy and the trial (...) of Socrates). He also lays emphasis on the reactions to Greek religions of ancient thinkers - Greek, Roman, Jewish and Christian. The evidence drawn on is of all kinds: literary texts, which are translated throughout; inscriptions, including an appendix of newly translated Greek inscriptions; and archaeology, which is highlighted in the numerous illustrations. (shrink)

The phrase "natural kind term" has come into the linguistic and philosophical literature in connection with well-known work of Kripke (1972) and Putnam (1970, 1975a). I use that phrase here in the sense it has acquired from those and subseqnent works on related topics. This is not the transparent sense of the phrase. That is, if I am right in what follows there are words for kinds of things existing in nature which are not natural kind terms in the current (...) sense - e.g. planet, woman, and weed. I use the term "nondescriptional", following Salmon (1981), to mean "lacking a Fregean sense", where a Fregean sense is taken to be a property or group of properties semantically associated with an expression which determines its denotation. I hope that the term "nondescriptional" will be clarified in subsequent discussion, but perhaps a few words about it and its opposite, "descriptional", would be useful here. These terms (as Salmon notes (p.15, n. 11)) should be taken as technical terms. The idea is that descriptional words, of which bachelor is the overwhelmingly favorite example, express a semantic content, or sense, which is what mediates their denotation. Entities fall in their denotation in virtue of possessing the property or properties expressed as their sense. (It is not necessary, however, that this sense be as easily paraphrasable with descriptive synonyms as it is typically held to be in the case of bachelor, or even that it be paraphrasable at all.) In the case of nondescriptional words there is no Fregean sense to mediate the link between word and object. Hence such terms are described by what Salmon, following Kaplan, calls "the theory of direct reference". What it is that does associate such terms with their denotations is another question which will be touched on briefly at the end. I have several aims in this paper. The first is to defend a conservative position on nondescriptionality. I will argue that relatively few natural language words have this property. My other aims are primarily clarificatory. Among the issues I would like to clarify are those connected with the determination of this property and flae explanation of why it exists, its relationship with other properties such as rigid designation and essentiality, and its significance for lexical semantics. The organization of the paper is as follows. The first section identifies the position taken here on the question of which expressions are nondescriptional and provides a general defense of it. The second section is a critical examination of criteria associated with nondescriptionality. In the third section provide further defense for the conservative position, and in the fourth section we turn to related issues in lexical semantics. (shrink)

Ulrich Beck's best selling Risk Society established risk on the sociological agenda. It brought together a wide range of issues centering on environmental, health and personal risk, provided a rallying ground for researchers and activists in a variety of social movements and acted as a reference point for state and local policies in risk management. The Risk Society and Beyond charts the progress of Beck's ideas and traces their evolution. It demonstrates why the issues raised by Beck reverberate widely throughout (...) social theory and covers the new risks that Beck did not foresee, associated with the emergence of new technologies, genetic and cybernetic. The book is unique because it offers both an introduction to the main arguments in Risk Society and develops a range of critical discussions of aspects of this and other works of Beck. (shrink)

Many areas of philosophy employ a distinction between factual and non-factual (descriptive/non-descriptive, cognitive/non-cognitive, etc) uses of language. This book examines the various ways in which this distinction is normally drawn, argues that all are unsatisfactory, and suggests that the search for a sharp distinction is misconceived. The book develops an alternative approach, based on a novel theory of the function and origins of the concept of truth. The central hypothesis is that the main role of the normative notion of truth (...) is to encourage speakers to argue, with long-run behavioural advantages. This offers a fresh perspective on many debates about realism in contemporary philosophy. (shrink)

Szabó follows Heim in viewing familiarity, rather than uniqueness, as the essence of the definite article, but attempts to derive both familiarity and uniqueness implications pragmatically, assigning a single semantic interpretation to both the definite and indefinite articles. I argue that if there is no semantic distinction between the articles, then there is no way to derive these differences between them pragmatically.

Dispositionalism about modality is the view that metaphysical modality is a matter of the dispositions possessed by actual objects. In a recent paper, David Yates has raised an important worry about the formal adequacy of dispositionalism. This paper responds to Yates’s worry by developing a reply that Yates discusses briefly but dismisses as ad hoc: an appeal to a ’plenitude of powers’ including such powers as the necessarily always manifested power for 2+2\documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} (...) \begin{document}$$2+2$$\end{document} to be 4. I argue that the reply is not ad hoc at all, by defending the metaphysics of dispositions that should underly it. I then argue, first, that a proper understanding of dispositions’ degrees provides us with an argument for such necessarily always manifested dispositions; second, that all the natural attempts to block that argument can be resisted without being ad hoc; and third, that pragmatic considerations explain our intuitive resistance to the ascription of necessarily always manifested dispositions. Dispositionalism can be formally adequate after all. (shrink)

This paper explores the prospects for dispositional accounts of abilities. According to so-called new dispositionalists, an agent has the ability to Φ iff they have a disposition to Φ when trying to Φ. We show that the new dispositionalism is beset by some problems that also beset its predecessor, the conditional analysis of abilities, and bring up some further problems. We then turn to a different approach, which links abilities not to motivational states but to the notion of success, and (...) consider ways of implementing that approach. Our results suggest that there are principled disanalogies between abilities and disposition which prevent any dispositional account of abilities from succeeding. (shrink)

I discuss the relationship between the two forms of expressivism defended by Robert Brandom, on one hand, and philosophers in the Humean tradition, such as Simon Blackburn and Allan Gibbard, on the other. I identify three apparent points of difference between the two programs, but argue that all three are superficial. Both projects benefit from the insights of the other, and the combination is in a natural sense a global expressivism.

Causalists and Evidentialists can agree about the right course of action in an (apparent) Newcomb problem, if the causal facts are not as initially they seem. If declining $1,000 causes the Predictor to have placed $1m in the opaque box, CDT agrees with EDT that one-boxing is rational. This creates a difficulty for Causalists. We explain the problem with reference to Dummett's work on backward causation and Lewis's on chance and crystal balls. We show that the possibility that the causal (...) facts might be properly judged to be non-standard in Newcomb problems leads to a dilemma for Causalism. One horn embraces a subjectivist understanding of causation, in a sense analogous to Lewis's own subjectivist conception of objective chance. In this case the analogy with chance reveals a terminological choice point, such that either (i) CDT is completely reconciled with EDT, or (ii) EDT takes precedence in the cases in which the two theories give different recommendations. The other horn of the dilemma rejects subjectivism, but now the analogy with chance suggests that it is simply mysterious why causation so construed should constrain rational action. (shrink)

Cette introduction explique la perception, reconnue par Husserl sous le titre de "donation par esquisses". Il s'agit d'opérer une réduction radicale qui va de la critique du néant au monde comme a priori de tout apparaître. A ce monde correspond un sujet dont le sens d'être fait problème puisqu'il est à la fois un moment du monde et en rapport avec la totalité comme telle.

In the first chapter of From Metaphysics to Ethics, Frank Jackson begins, as he puts it, ‘by explaining how serious metaphysics by its very nature raises the location problem.’ (1998, p. 1) He gives us two examples of location problems. The first concerns semantic properties, such as truth and reference: Some physical structures are true. For example, if I were to utter a token of the type ‘Grass is green’, the structure I would thereby bring into existence would be true (...) ... How are the semantic properties of the sentence related to the non-semantic properties of the sentence? Where, if anywhere, are the semantic properties of truth, content and reference to be found in the non-semantic, physical or naturalistic account of the sentence?’ (1998, p. 2) Jackson notes two possible answers to questions of this kind. The first denies that there are any such semantic properties. (shrink)

Are the distinctions between past, present and future, and the apparent ‘passage’ of time, features of the world in itself, or manifestations of the human perspective? Questions of this kind have been at the heart of metaphysics of time since antiquity. The latter view has much in common with pragmatism, though few in these debates are aware of that connection, and few of the view’s proponents think of themselves as pragmatists. For their part, pragmatists are often unaware of this congenial (...) application of their methodology; some associate pragmatism with the other side of the old debate in the metaphysics of time. In my view, this link between time and pragmatism only scratches the surface of the deep two-way dependencies between these two topics. The human temporal perspective turns out to be deeply implicated not merely in our temporal notions themselves, but in many other conceptual categories – arguably, in fact, in all of them, and in the nature of language and thought. In this way, reflection on our own temporal character vindicates James’ famous slogan for global pragmatism: ‘The trail of the human serpent is thus over everything.’. (shrink)

L'oeuvre de Merleau-Ponty est tout entiere commandee par le souci de mettre rigoureusement en oeuvre le mot d'ordre husserlien de retour aux choses memes, ce qui exige, conformement au geste amorce par Husserl dans la Krisis, de reconnaitre l'oeuvre de l'idealisation -c'est-a-dire de l'objectivation- la meme ou elle se fait oublier, afin de la neutraliser. A l'instar de Bergson, pour qui la tache de la philosophie etait d'aller chercher l'experience au-dessus du tournant ou, s'inflechissant dans le sens de l'utilite, elle (...) devient proprement l'experience humaine, pour Merleau-Ponty, la tache de la pensee est de se situer a ce tournant ou l'experience s'accomplit et se voile a la fois dans des productions ou elle se fait proprement humaine, de definir un sens de l'Etre anterieur a la bifurcation du preobjectif et de l'oeuvre idealisante. Le but des recherches est de tenter de clarifier la nature exacte du tournant de l'experience ainsi que le projet phenomenologique merleau-pontien. (shrink)

In the first chapter of From Metaphysics to Ethics, Frank Jackson begins, as he puts it, ‘by explaining how serious metaphysics by its very nature raises the location problem.’ (1998, p. 1) He gives us two examples of location problems. The first concerns semantic properties, such as truth and reference: Some physical structures are true. For example, if I were to utter a token of the type ‘Grass is green’, the structure I would thereby bring into existence would be true (...) ... How are the semantic properties of the sentence related to the non-semantic properties of the sentence? Where, if anywhere, are the semantic properties of truth, content and reference to be found in the non-semantic, physical or naturalistic account of the sentence?’ (1998, p. 2) Jackson notes two possible answers to questions of this kind. The first denies that there are any such semantic properties. (shrink)

In this imaginative and provocative book, Barbara Goodwin explores the question of how lottery systems can achieve egalitarian social justice in societies with seemingly ineradicable inequalities. She begins with the utopian fable of Aleatoria, a country not unlike our own in the not-too-distant-future, where most goods are distributed by lottery--even the right to have children. She then analyzes the philosophical arguments for and against lottery distribution and a comparison of "justice by lottery" with other contemporary theories of justice. Goodwin (...) also applies her theory to practical problems in the real world which could be--or have been--justly resolved by the use of lotteries, such as military drafts, jury duty, and immigration eligibility. She demonstrates that in many areas, including that of political power, a regular and random reallocation of goods would be a fairer and more democratic method than the distributive systems found in liberal democracies today. (shrink)

Habermas' recent work makes a major claim: to be able to determine what is the most rational thing to do. Postmodernists, notably Lyotard, have perhaps successfully belittled this claim as too positivistic. This book does not dispute the validity of the postmodern critique but it is concerned to resist the irrationality which, thus far, seems to coincide with anti-positivism. The author looks at the concept of justice, as one that is both essential to Habermas and Lyotard but is also utilized (...) in their work only in constricted and unimaginative ways. (shrink)