ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...) of dual character concepts, we develop a set of hypotheses about the intuitive relation between a rule’s moral and legal aspects. We then report a set of studies that conflict unexpectedly with the predictions by legal positivists. Intuitively, an evil rule is not a fully-fledged instance of law. (shrink)

Many theorists take the view that literal meaning can be one of a number of factors to be weighed in reaching a legal interpretation. Still others regard literal meaning as having the potential to legally justify a particular outcome. Building on the scholarly response to HLA Hart’s famous ‘vehicles in the park’ hypothetical, this article presents a formal argument that literal meaning cannot be decisive of what’s legally correct, one which, unusually, makes no appeal to controversial theories within philosophy of (...) language or literary criticism. If the argument is sound, it follows that an enactment’s literal meaning neither weighs in the determination of correct legal outcomes nor permits the application of a sequencing model, ie a non-monotonic logic, to its interpretation. These implications are considerably more controversial within contemporary legal theory than the idea that a statute’s literal meaning is not necessarily its legal meaning. Yet we see that, given an intuitive notion of legal truth, they follow from it nonetheless. (shrink)

I argue that our sensory fields are photon fields. The philosophical foundation here is informed by mind/brain identity theory, such as we find in Russell, Feigl, Lockwood and Chalmers. In brief, given Dyson's observation that all material things consist of quantum fields, and given an identity of mind and brain, our sensory fields are then most plausibly photon fields.

One way to discredit the suggestion that a statement is true just in virtue of its meaning is to observe that its truth is the subject of genuine disagreement. By appealing to the case of the unorthodox philosopher, Timothy Williamson has recast this response as an argument foreclosing any appeal to analyticity. Reconciling Quine’s epistemological holism with his treatment of the ‘deviant logician’, I show that we may discharge the demands of charitable interpretation even while attributing trivial semantic error to (...) Williamson’s philosophers. Williamson’s effort to generalize the argument from disagreement therefore fails. (shrink)

A provision’s legal meaning is thought by many to be a function of its literal meaning. To explain the appearance that lawyers are arguing over a provision’s legal meaning and not just over which outcome would be more prudent or morally preferable, some legal literalists claim that a provision’s literal meaning may be causally, rather than conventionally, determined. I argue, first, that the proposed explanation is inconsistent with common intuitions about legal meaning; second, that explaining legal disagreement as a function (...) of the causally determined meanings of moral terms requires, but lacks, a causal semantics which is clearly consistent with the scope of moral disagreement. Finally, I suggest that an element of the theory of language invoked by ‘causal’ legal literalists might be better deployed as part of an intentionalist account of legal practice. (shrink)

Discoveries about attitude aggregation have prompted the re-emergence of non-reductionism, the theory that group agency is irreducible to individual agency. This paper rejects the revival of non-reductionism and, in so doing, challenges the preference for a unified account, according to which, agency, in all its manifestations, is rational. First, I offer a clarifying reconstruction of the new argument against reductionism. Second, I show that a hitherto silent premise, namely, that an identified group intention need not be determined by member attitudes (...) according to a rule, e.g., majority, is false. Third, I show that, on rejecting this premise, the aggregation results lead instead to the conclusion that, in contrast to individual agency, group agency is non-rational. (shrink)

Saul Kripke's thought experiments on the reference of proper names target the theory that the properties which identify a term's referent are the subject of an implicit agreement. Recently, survey versions of the experiments have been thought to show that intuitions about reference are culturally contingent. Proposing a revisionary interpretation, this article argues, first, that Kripke's Cicero/Feynman experiment reveals that every name user knows enough to be capable of identifying the same individual as the name's most informed users. Second, the (...) article shows that Kripke's presentation of the Gödel/Jonah experiment is ambiguous with respect to the properties attributed to the referent. Disambiguated, the experiment fails to reveal that name users may be mistaken in every unique property they attribute. Since the experiment's ambiguity is replicated in survey presentations, cross-cultural variation in survey response fails to show that intuitions about reference are culturally contingent. (shrink)

In recent years, a consensus has developed among both affirmative action's advocates and opponents that in relation to the typical white applicant, the effects of minority preferencing are minimal. In this essay, the aim is to clarify the mathematics of affirmative action's impact on majority applicants, and to flag the distinction between that question and affirmative action's opportunity cost. First, the essay establishes the level of agreement among judges and academics on the triviality of affirmative action's effect on the regular (...) white applicant's prospects of success. Second, it demonstrates how the prevailing position on the impact of minority preferencing on the white applicant is flawed - as regards both the calculation of relative admission likelihood and the application of the matriculant yield variable. Making use of a number of case studies reviewed in the literature, it shows how those studies, properly understood, convey a rather different picture of the arithmetic of minority preferencing. The essay concludes by challenging the tendency to take the effects of affirmative action (on both preferred and non-preferred applicants) as exclusively indicative of its costs. (shrink)