The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...) “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

Contents: LEGAL THEORY 1. Reflections on law in context / William Twining -- 2. Are omissions less culpable? / Tony Honore -- 3. Scandinavian legal realism in the law of contract / Jan Hellner -- 4. Statutes and contracts as founts of formal reasoning / Robert S. Summers -- 5. Conceptions of public policy / John Bell LEGAL HISTORY 6. Aftermath / Paul D. Carrington -- 7. The role of the judiciary: lessons from the end of empire / Robert Stevens (...) -- 8. The Origins of futures trading in the Liverpool Cotton Market COMMON LAW 9.payment undertakings / Roy Goode -- 10. Pre-contractual duties of disclosure / S.M. Waddams -- 11. Three problems with the new product liability / Jane Stapleton -- 12. Evaluating the goals of personal injury law: some empirical evidence / Donald Harris -- 13. Negligence and economic loss / John Dwyer -- 14. Libel and constitutional free speech / John Fleming -- 15. The basis of tortious liability / Peter Cane. (shrink)

This article is about ‘role responsibility’ as understood by H. L. A. Hart in his taxonomy of responsibility concepts in his book, Punishment and Responsibility. More particularly, it focuses on what I call ‘public, institutional role responsibility’. The main arguments are that such role responsibility is based on authority and power rather than physical and mental capacity; and the foundation of role responsibility in authority has significant implications for what Hart referred to as ‘liability–responsibility’, which I unpack in terms of (...) ‘attribution’, ‘accountability’ and ‘liability’. The article addresses possible objections to the authority-based analysis of role responsibility based on the concept of ‘moral’ responsibility, and on understandings of what types of question are ‘philosophical.’. (shrink)

The famous mid-20th century debate between Patrick Devlin and Herbert Hart about the relationship between law and morality addressed the limits of the criminal law in the context of a proposal by the Wolfenden Committee to decriminalize male homosexual activity in private. The original exchanges and subsequent contributions to the debate have been significantly constrained by the terms in which the debate was framed: a focus on criminal law in general and sexual offences in particular; a preoccupation with the so-called (...) “harm principle,” a sharp delineation of the realms of law and morality, and a static conception of the relationship between them. This article explores the limitations imposed by these various starting-points and argues for a holistic and symbiotic understanding of the relationship between law and morality. (shrink)

Lawyers who write about responsibility tend to focus on criminal law at the expense of civil and public law; while philosophers tend to treat responsibility as a moral concept,and either ignore the law or consider legal responsibility to be a more or less distorted reflection of its moral counterpart. This book aims to counteract both of these biases. By adopting a comparative institutional approach to the relationship between law and morality, it challenges the common view that morality stands to law (...) as critical standard to conventional practice. It shows how law and morality interact symbiotically, and how careful study of legal concepts of responsibility can add significantly to our understanding of responsibility more generally. Central to this project is a distinction between two paradigms of responsibility -- the criminal law paradigm and the civil law paradigm. Whereas theoretical discussions of responsibility tend focus on conduct and agency, taking account of civil law reveals the importance of outcomes and the interests of victims and society to ideas of responsibility. The book examines from a distinctively legal point of view central philosophical questions about responsibility such as its relationship with culpability (challenging the common view that moral responsibility requires fault), causation and personality. It explores the relevance of sanctions and problems of proof and enforcement to ideas of responsibility, as well as the relationship between responsibility and distributive justice, and the role of concepts of responsibility in public law. At the heart of this book lie two questions: what does it mean to say we are responsible? and, what are our responsibilities? Its aim is not to answer these questions but to challenge some traditional approaches to answering them and more importantly, to suggest fruitful alternative approaches that take law seriously. (shrink)

For any reader needing a concise explanation of a subject in law The New Oxford Companion to Law is the ideal reference work. Providing greater depth than legal dictionaries but always accessible to the non-expert, entries in the Companion cover all areas of law and legal systems and are extensively cross-referenced for ease of navigation.

This book presents the papers and comments on those papers delivered at a colloquium held at the Australian National University in December 2008 to celebrate 50 years since the publication in the Harvard Law Review of the famous and wide-ranging debate between H.L.A. Hart and Lon L. Fuller.

This article adopts what Frederick Schauer calls a ‘non-essentialist’ approach to understanding the nature of law, which can be contrasted with the widely practised method of ‘conceptual analysis’. Instead of seeking a set of necessary conditions for the existence of law in all possible worlds, non-essentialism reflects upon pervasive features of actual legal systems. The article focuses on constitutional and administrative law and contrasts modern standard accounts of public law with HLA Hart’s highly influential threefold list of ‘necessary’ types of (...) public ‘secondary rules’: rules of recognition, change and adjudication. The argument is that non-essentialist methodology not only yields a rich descriptive account of certain fundamental characteristics of modern legal systems but also provides theoretically significant insights into how law is conceived in many contemporary societies. Because the resulting account is firmly rooted in actual social and legal practices, it provides a more fine-grained and less abstract theory of those practices than is offered by Hart’s approach, based as it is on hypothetical stories about how law ‘might have developed’. (shrink)

This article explores the relevance of disagreement about values and about the functions and effects of law to debates concerning the appropriate relationship between courts and legislatures, common law and statute. Recent developments in tort law provide a context for the discussion. The argument is that in general, political processes of law-making should be preferred judicial processes.

This volume in the prestigious series of Oxford Handbooks provides a widely accessible overview of legal scholarship at the start of the 21st century. Through 43 essays by leading legal scholars based in the USA, the UK, Australia, New Zealand, Canada and Germany, it offers original and interpretative accounts of the nature, themes and trends of research and writing about all areas of the law.

The art, craft, and science of policing -- Crime and criminals -- Criminal process and prosecution -- The crime-preventive impact of penal sanctions -- Contracts and corporations -- Financial markets -- Consumer protection -- Bankruptcy and insolvency -- Regulating the professions -- Personal injury litigation -- Claiming behavior as legal mobilization -- Families -- Labor and employment laws -- Housing and property -- Human rights instruments -- Constitutions -- Social security and social welfare -- Occupational safety and health -- Environmental (...) regulation -- Administrative justice -- Access to civil justice -- Judicial recruitment, training, and careers -- Trial courts and adjudication -- Appellate courts -- Dispute resolution -- Lay decision-makers in the legal process -- Evidence law -- Civil procedure and courts -- Collective actions -- Law and courts on development and democratization -- How does international law work? -- Lawyers and other legal service providers -- Legal pluralism -- Public images and understandings of courts -- Legal education and the legal academy -- The (nearly) forgotten early empirical legal research -- Quantitative approaches to empirical legal research -- Qualitative approaches to empirical legal research -- The need for multi-method approaches in empirical legal research -- Legal theory and empirical research -- Empirical legal research and policy-making -- The place of empirical legal research in the law school curriculum -- Empirical legal training in the US academy. (shrink)

The Introduction starts by discussing the history of Empirical Legal Studies. It explains how the editors came about compiling this book. It talks about interest in empirical legal research and how it is not confimed to the United States, the UK or common law countries. Australia, Canada, the Netherlands, Belgium, Germany, Spain, Israel, Russia, and Japan are mentioned. This book aims to provide succinct discussions and analyses of debates, controversies, methods, and trends in scholarship that are original and searching but (...) also easily accessible. The Introduction goes on to explain the perspective taken and coverage given in this book. (shrink)

In ethical terms, intention is widely felt to be the strongest basis for the attribution of personal responsibility for conduct and outcomes. By contrast, in tort law intention is a much less important ground of liability than negligence. This article analyses the meaning of intention in tort law and its relationship to other concepts such as voluntariness, recklessness, motive, and belief. It also discusses difficulties associated with proving intention and other mental states, and the idea of a general principle of (...) tort liability for intention. The key to explaining the relatively minor role of mens rea in tort law is found to lie in the emphasis tort law gives to the interests of victims, and to social values, in constructing its concept of responsibility. This approach also helps to explain the greater importance of mens rea in criminal law. (shrink)

Peter Cane has written an impressively wide-ranging and illuminating book on the complex notion of responsibility in our legal and moral practices. Although he focuses primarily on a multitude of legal doctrines in the common-law systems of the English-speaking world, he continually makes clear how his discussions bear on the moral judgments involved in holding people accountable for their actions and decisions. Moral philosophers will profit from this volume nearly as much as legal philosophers. Best known hitherto as (...) a theorist of tort law and public law, Cane here deals at length with several other areas of law as well. He does so, moreover, without losing sight of the deeper connections between the legal doctrines and many basic problems of human agency and identity. Although the volume occasionally reads slightly like a textbook on tort law or criminal law, most of its discussions shed valuable light on the similarities and dissimilarities between fundamental legal and moral concepts. (shrink)

Berkeley’s likeness principle is the claim that “an idea can be like nothing but an idea”. The likeness principle is intended to undermine representationalism: the view (that Berkeley attributes to thinkers like Descartes and Locke) that all human knowledge is mediated by ideas in the mind which represent material objects. Yet, Berkeley appears to leave the likeness principle unargued for. This has led to several attempts to explain why Berkeley accepts it. In contrast to ‘metaphysical’ and ‘epistemological’ interpretations available in (...) the literature, in this paper I defend a ‘conceptual’ interpretation. I argue that Berkeley accepts the likeness principle on the basis of (i) his commitment to the transparency of ideas, and (ii) his account of resemblance which he sets out in his works on vision. Thus, I provide an explanation for Berkeley’s reasons for accepting the likeness principle which, appropriately, focuses on his views concerning ideas and likeness. (shrink)

When do two sentences say the same thing, that is, express the same content? We defend two-component (2C) semantics: the view that propositional contents comprise (at least) two irreducibly distinct constituents, (1) truth-conditions, and (2) subject-matter. We contrast 2C with one-component (1C) semantics, focusing on the view that subject-matter is reducible to truth- conditions. We identify exponents of this view and argue in favor of 2C. An appendix proposes a general formal template for propositional 2C semantics.

In my contribution to this Concise Collection on Margaret Cavendish, I focus on teaching Cavendish’s work in the context of philosophy (and, more specifically, Early Modern Philosophy). I have three aims. First, to explain why teaching women from philosophy’s history is crucially important to the discipline. Second, to outline my own reflections on teaching Cavendish’s philosophy. Third, to defend a specific claim about the benefits of teaching Cavendish to philosophy students; namely, that introducing biographical detail alongside philosophical ideas enriches the (...) learning experience. (shrink)

Margaret Macdonald was at the institutional heart of analytic philosophy in Britain in the mid-twentieth century. Yet, her views on the nature of philosophical theories diverge quite considerably from those of many of her contemporaries. In this paper, I focus on her 1953 article ‘Linguistic Philosophy and Perception’, a provocative paper in which Macdonald argues that the value of philosophical theories is more akin to that of poetry or art than science or mathematics. I do so for two reasons. First, (...) because it reveals just how far Macdonald’s meta- philosophical views diverged from those of many of her contemporaries. Second, because the discussion in LPP pre-empts recent literature on the nature of philosophical inquiry and the efficacy of philosophical arguments. Indeed, Macdonald’s paper is just as likely to provoke discussion today as it was in the 1950s. (shrink)

William Molyneux was born in Dublin, studied in Trinity College Dublin, and was a founding member of the Dublin Philosophical Society (DPS), Ireland’s counterpart to the Royal Society in London. He was a central figure in the Irish intellectual milieu during the Early Modern period and – along with George Berkeley and Edmund Burke – is one of the best-known thinkers to have come out of that context and out of Irish thought more generally. In 1688, when Molyneux wrote the (...) letter to Locke in which he posed the now famous question about a man born blind made to see, he was an active member of the DPS and was on familiar terms with several other key figures in Irish philosophy at the time. For the most part, Irish thinkers in the seventeenth and eighteenth centuries answered “no” to Molyneux’s question of whether a blind man made to see could distinguish, by sight alone, between a cube and a sphere. (shrink)

This paper provides a philosophical evaluation of the concept of handedness prevalent but largely unspoken in the scientific literature. This literature defines handedness as the preference or ability to use one hand rather than the other across a range of common activities. Using the philosophical discipline of phenomenology, I articulate and critique this conceptualization of handedness. Phenomenology shows defining a concept of handedness by focusing on hand use leads to a right hand biased concept. I argue further that a phenomenological (...) model based in spatial orientation rather than hand use provides a more inclusive concept of handedness. (shrink)

"This book is an augmented and updated translation by the author of Theorie des Subjekts: Subjectiviteat und Identiteat zwischen Moderne und Postmoderne, Teubingen, Francke-UTB, 2010 (3rd ed.)"--Title page verso.

Illustrated throughout, Peter Mitchell's highly readable and non-technical Introduction to Theory of Mind focuses on the latest research in the field and integrates work carried out on humans, apes and children with autism.

In this book we present a collection of papers on the topic of applying paraconsistent logic to solve inconsistency related problems in science, mathematics and computer science. The goal is to develop, compare, and evaluate different ways of applying paraconsistent logic. After more than 60 years of mainly theoretical developments in many independent systems of paraconsistent logic, we believe the time has come to compare and apply the developed systems in order to increase our philosophical understanding of reasoning when faced (...) with inconsistencies. This book wants to be a first step toward an application based, constructive debate to tackle the question which systems are best applied for which kind of problems and which philosophical conclusions can be drawn from such applications. (shrink)

This book is a comprehensive development and defense of one of the guiding assumptions of evolutionary psychology: that the human mind is composed of a large number of semi-independent modules. The Architecture of the Mind has three main goals. One is to argue for massive mental modularity. Another is to answer a 'How possibly?' challenge to any such approach. The first part of the book lays out the positive case supporting massive modularity. It also outlines how the thesis should best (...) be developed, and articulates the notion of 'module' that is in question. Then the second part of the book takes up the challenge of explaining how the sorts of flexibility and creativity that are distinctive of the human mind could possibly be grounded in the operations of a massive number of modules.Peter Carruthers's third aim is to show how the various components of the mind are likely to be linked and interact with one another - indeed, this is crucial to demonstrating how the human mind, together with its familiar capacities, can be underpinned by a massively modular set of mechanisms. He outlines and defends the basic framework of a perception / belief / desire / planning / motor-control architecture, as well as detailing the likely components and their modes of connectivity. Many specific claims about the place within this architecture of natural language, of a mind-reading system, and others are explained and motivated. A number of novel proposals are made in the course of these discussions, one of which is that creative human thought depends upon a prior kind of creativity of action.Written with unusual clarity and directness, and surveying an extensive range of research in cognitive science, this book will be essential reading for anyone with an interest in the nature and organization of the mind. (shrink)

In this article I intend to justify six theses: (1) Temporal becoming is founded in an intuition-form of self-intuition, whereas physical space-time is independent of any form of intuition; (2) communicable thoughts are, as Kant says, products of self-consciousness; (3) both roots of idealism are connected by the tensed form of predication; (4) the thinking subject is, as Kant says, an appearance for itself; (5) the subject has, in virtue of this nature, the capacity of mental causality; and (6) mental (...) causality is a sufficient basis for a Kantian “causality from freedom”. (shrink)

‘British Empiricism’ is a name traditionally used to pick out a group of eighteenth-century thinkers who prioritised knowledge via the senses over reason or the intellect and who denied the existence of innate ideas. The name includes most notably John Locke, George Berkeley, and David Hume. The counterpart to British Empiricism is traditionally considered to be Continental Rationalism that was advocated by Descartes, Spinoza, and Leibniz, all of whom lived in Continental Europe beyond the British Isles and all embraced innate (...) ideas. This article characterizes empiricists more broadly as those thinkers who accept Locke’s Axiom that there is no idea in the mind that cannot be traced back to some particular experience. It includes British-Irish Philosophy from the seventeenth, eighteenth, and nineteenth century. As well as exploring the traditional connections among empiricism and metaphysics and epistemology, it examines how British empiricists dealt with issues in moral philosophy and the existence and nature of God. The article identifies some challenges to the standard understanding of British Empiricism by including early modern thinkers from typically marginalised groups, especially women. Finally, in showing that there is nothing uniquely British about being an empiricist, it examines a particular case study of the eighteenth-century philosopher Anton Wilhelm Amo, the first African to receive a doctorate in Europe. (shrink)

Carroll shaped the corporate social responsibility discourse into a four-dimensional pyramid framework, which was later adapted to corporate citizenship and sustainability approaches. The four layers of the pyramid—structured from foundation to apex as economic, legal, ethical, and philanthropic responsibilities—drew considerable managerial attention. An important criticism of the economic foundation of the Carroll pyramid concerns the identification and ordering of the four dimensions, which are inadequately justified theoretically. The authors of this article propose an alternative approach that builds on the public (...) value concept, which integrates a microfoundation of psychological research into basic human needs. Drawing on their Swiss Dialogue process, the authors argue that a four-dimensional pyramid does have heuristic value for managers. The advantage of this alternative pyramid logic is that it may be contingently adapted to different cultural contexts, because it allows adaptive internal reordering. (shrink)

This white paper outlines the plans of the History Philosophy Culture Working Group of the Next Generation Event Horizon Telescope Collaboration.

Factorial surveys integrate elements of survey research and classical experiments. Using a large number of respondents in a controlled setting, FSs approximate complex and realistic judgment situations through so-called vignettes—that is, carefully designed descriptions of hypothetical people, social situations, or scenarios. Despite being rooted, and predominantly applied, in sociology, FSs are particularly promising for business and society scholars. Given the multiplicity, inherent complexity, and sometimes fuzziness of B&S research objects, conventional research methods inevitably reach their limits. This article, therefore, systematically (...) presents methodological and thematic opportunities for FS studies in B&S research. It is argued that FSs are well suited to dealing with the complex interplay of societal-, organizational-, and individual-level factors in B&S research and to studying the principles underlying human perceptions, attitudes, values, social norms, and behavior. The application of the FS method is illustrated based on a showcase example in the realm of socially responsible investments. As the literature on the conceptualization of FSs is limited, methodological challenges are addressed to guide B&S researchers past the common methodological pitfalls. (shrink)

Claims about consciousness in animals are often made in support of their moral standing. Peter Carruthers argues that there is no fact of the matter about animal consciousness and it is of no scientific or ethical significance. Sympathy for an animal can be grounded in its mental states, but should not rely on assumptions about its consciousness.

How can phenomenal consciousness exist as an integral part of a physical universe? How can the technicolour phenomenology of our inner lives be created out of the complex neural activities of our brains? Many have despaired of finding answers to these questions; and many have claimed that human consciousness is inherently mysterious. Peter Carruthers argues, on the contrary, that the subjective feel of our experience is fully explicable in naturalistic terms. Drawing on a variety of interdisciplinary resources, he develops (...) and defends a novel account in terms of higher-order thought. He shows that this can explain away some of the more extravagant claims made about phenomenal consciousness, while substantively explaining the key subjectivity of our experience. Written with characteristic clarity and directness, and surveying a wide range of extant theories, this book is essential reading for all those within philosophy and psychology interested in the problem of consciousness. (shrink)

The historian Ibn Khaldūn (d. 1406) is most often treated by historians of philosophy as part of the story of political philosophy in the Islamic world. While this is perfectly legitimate, it may be misleading when it comes to the question of the method he proposes for the historian. This paper argues that that method is in fact based on a different branch of (Aristotelian) science: natural philosophy. After rendering this proposition initially plausible by noting frequent references to "nature" in (...) the _Muqaddima_, the paper discusses a number of parallels between natural philosophy and history as Ibn Khaldūn conceives it. Ultimately it is suggested that this method is legitimated insofar as history is for Ibn Khaldūn a study of human nature. (shrink)

As much as Zimbabwe is considered one of the highly literate countries in the Global South, with well documented succession and inheritance laws, womenfolk continue to be stripped of their assets after the death of their husbands. This trend became even worse during the peak of the COVID-19 pandemic when movement was restricted, making it difficult to access the courts of law. Using a mixed methodological approach of a desk research and qualitative interviews conducted in the Methodist Church in Zimbabwe, (...) Zororo Comfort circuit in Harare, it has been noted that women and girls face numerous horrific experiences, pushing them to wallow in the margins of society. This study therefore calls for the church to address the vulnerability of women and girls using a deviant theory. To date, there are increasing figures of domestic violence, sexual assault, and child marriages. Financial and communal disturbances corresponding through continuous pandemic challenges for women are aggravated, and those who survive find it challenging to hunt for fairness because of stockpiled court issues and freedom for the perpetrators. The fact that women are dispossessed of their belongings because of the cultural status of being a woman calls for a cultural cue. Using a deviant theory in the narrative of a tenacious widow in the gospel of Luke 18:1–8 from a sociological dimension, this study provides a critical edge into interpreting the action of this widow who deviated from expected societal customs. The study concludes by calling faith communities to re-read the widow’s story through deviant theory spectacles to raise questions on how this widow courageously represented herself from societal margin to undermine the centre (patriarchal standards) and to utilise the text as a resource for addressing the plight of women to be repositioned and be empowered in Zimbabwe.Contribution: This study contributes to the ongoing academic studies on women, pandemics, religion and gender, using the Methodist Church in Zimbabwe, Zororo Comfort circuit as a case study. It concludes by an invitation to faith communities to re-read the widow’s story using a deviant theory in order to use the text as a resource to alleviate the plight of women and empower them to the position of equilibrium with men. (shrink)

In the fiftieth anniversary of this book’s first release, Winch’s argument remains as crucial as ever. Originally published in 1958, _The Idea of a Social Science and Its Relation to Philosophy_ was a landmark exploration of the social sciences, written at a time when that field was still young and had not yet joined the Humanities and the Natural Sciences as the third great domain of the Academy. A passionate defender of the importance of philosophy to a full understanding of (...) 'society' against those who would deem it an irrelevant 'ivory towers' pursuit, Winch draws from the works of such thinkers as Ludwig Wittgenstein, J.S. Mill and Max Weber to make his case. In so doing he addresses the possibility and practice of a comprehensive 'science of society'. (shrink)