In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims (...) to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial. (shrink)

This volume presents a series of studies that expand laws, invariants, and principles of psychophysics beyond its classical domain of sensation.

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

Abstract:Early modern efforts to justify warfare entailed serious reflection on the relationship between Christianity and nature or natural law. Those working in a Thomist tradition could draw on a concept of natural law as an ethical system distinct from Christianity; others rejected that concept, working instead to show that warfare could form part of the duties of Christians. All sides recognized the tension between the words of Christ and the demands of human political life, especially when it came (...) to defending military activity. That tension produced creative discussions of natural law, political thought, and theology, in the universities and beyond. (shrink)

The workshop will discuss new insights in the interaction between logic and law, and more precisely the study of different answers to the question: What role does logic play in legal reasoning? It will present both current challenges and historical perspectives in the relation between logic and law. The perspectives to be discussed involve the interface of the following studies.

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current (...) volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...) republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...) decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

Tort law and liability insurance have a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer. It seeks in part to extend previous analyses of this interaction by also (...) considering issues in the developing world. It seeks to make some normative questions and stances explicit concerning this interaction, as well as to identify some empirical questions that still need to be answered. The responsibility of liability insurers includes ethically shaping the responsibility of others in interaction with tort law in countless diverse situations. (shrink)

In this chapter we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...) decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

Scientists often think of the world as a dynamical system, a stochastic process, or a generalization of such a system. Prominent examples of systems are the system of planets orbiting the sun or any other classical mechanical system, a hydrogen atom or any other quantum–mechanical system, and the earth’s atmosphere or any other statistical mechanical system. We introduce a general and unified framework for describing such systems and show how it can be used to examine some familiar philosophical questions, including (...) the following: how can we define nomological possibility, necessity, determinism, and indeterminism; what are symmetries and laws; what regularities must a system display to make scientific inference possible; how might principles of parsimony such as Occam’s Razor help when we make such inferences; what is the role of space and time in a system; and might they be emergent features? Our framework is intended to serve as a toolbox for the formal analysis of systems that is applicable in several areas of philosophy. (shrink)

When international relations scholars think about international law they either ignore culture or offer highly deterministic accounts of its role. For the majority of scholars, international law is a rational construction, an institutional solution to the problem of order in an anarchical system, a body of rules and practices that reflect the contending interests and capabilities of major states. Issues of culture barely rate a mention. For others, culture is the deep foundation of international law, the structuring “mentality” that gives (...) law its form and content. International law, from this perspective, is a Western cultural artifact, globalized through centuries of imperialism and hegemony. These contrasting views lead to different expectations about the future of international law in today's culturally diverse international order. For rationalists, law's fate will be determined by the shifting configuration of interests that accompany new functional challenges and great power transitions. For the more culturally attuned, there are two possibilities. One is that functional utility will replace culture as law's foundation. International law may well be a Western cultural artifact, but “rational buy-in” will sustain it in a multicultural world. The other, more pessimistic, expectation is that the rule of international law will be fundamentally undermined by cultural diversity, particularly as rising non-Western powers articulate and promote markedly different cultural norms and values. (shrink)

reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal punishment (...) and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Resumen: En este artículo se analiza el estatuto epistémico del derecho y su presunción de cientificidad en relación con los llamados criterios de demarcación, propuestos por diferentes filósofos de la ciencia. Tales criterios son los principales elementos analíticos para diferenciar a los discursos científicos de aquellos que no lo son y de los que pretenden serlo. En relación con estos se trata la pseudociencia, el derecho y se concluye con la exposición del caso Daubert v. Merroll Dow Pharmaceuticals, en el (...) que, en un proceso jurídico, se definen criterios de demarcación. El artículo muestra cómo los criterios de demarcación no pueden ser aplicados al derecho, pero tampoco la denominación de pseudociencia, debido a la propia racionalidad jurídica.: This article analyses the epistemic status of law and its presumption of being a science in relation with the so-called demarcation criterion proposed by different philosophers of science. Such criteria are the main analytical elements to differentiate scientific discourses from those who are not and the ones who pretend to be. In relation to those, pseudoscience and law are treated, to finally conclude with the exposition of the case of Daubert v. Merrill Dow Pharmaceuticals, in which a judicial process defined demarcation criteria. This paper shows how the demarcation criteria of science and the concept of pseudoscience cannot be applied to law science given its own rationality. (shrink)

Humeans about laws maintain that laws of nature are nothing over and above the complete distribution of non-modal, categorical properties in spacetime. ‘Humean compatibilists’ argue that if Humeanism about laws is true, then agents in a deterministic world can do otherwise than they are lawfully determined to do because of the distinctive nature of Humean laws. More specifically, they reject a central premise of the Consequence argument by maintaining that deterministic laws of nature are ‘up to us’. In this paper, (...) we present a new argument for Humean compatibilism. We argue that Humeans about laws indeed have resources for defending compatibilism that non-Humeans lack. Moreover, we show that utilizing these resources does not lead to objectionable consequences. Humeans about laws should thus embrace Humean compatibilism. (shrink)

Mass media ethics and the classical liberal ideal of the autonomous individual are historically linked and professionally dominant--yet the authors of this work feel this is intrinsically flawed. They show how recent research in philosophy and social science--together with a longer tradition in theological inquiry--insist that community, mutuality, and relationship are fundamental to a full concept of personhood. The authors argue that "persons-in-community" provides a more defensible grounding for journalists' professional moral decision-making in crucial areas such as truthtelling, privacy, organizational (...) culture, and balanced coverage. With numerous examples drawn from life as well as from theory, this book will interest journalists, editors, and professionals in media management as well as students and scholars of media ethics, reporting, and media law. (shrink)

Each chapter in Christianity and Political Philosophy addresses a philosophical problem generated by history. Frederick D. Wilhelmsen discusses the limits of natural law; Cicero and the politics of the public orthodoxy; the problem of political power and the forces of darkness; Sir John Fortescue and the English tradition; Donoso Cortes and the meaning of political power; the natural law tradition and the American political experience; Eric Voegelin and the Christian tradition; and Jaffa, the School of Strauss, and the Christian (...) tradition. Wilhelmsen is convinced that mainstream philosophy's suppression of the Christian experience, or its reduction of Christianity to myths, deprives both Christianity and philosophy. He argues that Christianity opened up an entirely new range of philosophical questions and speculation that today are part and parcel of the intellectual tradition of the West. Wilhelmsen remains relevant because political philosophy in America today is following the historic cycle of political philosophy's importance: as things get worse for the nation because it is internally riven by ideological and spiritual conflicts, there is a greater need for the political philosopher to raise and explore profound questions and reassert forgotten truths about man and society, the soul and God, and good and evil, as well as the ground of political order. This is the latest book in Transaction's esteemed Library of Conservative Thought series. (shrink)

Philosophers have argued about the nature and the very existence of free will for centuries. Today, many scientists and scientifically minded commentators are skeptical that it exists, especially when it is understood to require the ability to choose between alternative possibilities. If the laws of physics govern everything that happens, they argue, then how can our choices be free? Believers in free will must be misled by habit, sentiment, or religious doctrine. Why Free Will Is Real defies scientific orthodoxy and (...) presents a bold new defense of free will in the same naturalistic terms that are usually deployed against it. -/- Unlike those who defend free will by giving up the idea that it requires alternative possibilities to choose from, Christian List retains this idea as central, resisting the tendency to defend free will by watering it down. He concedes that free will and its prerequisites—intentional agency, alternative possibilities, and causal control over our actions—cannot be found among the fundamental physical features of the natural world. But, he argues, that’s not where we should be looking. Free will is a “higher-level” phenomenon found at the level of psychology. It is like other phenomena that emerge from physical processes but are autonomous from them and not best understood in fundamental physical terms—like an ecosystem or the economy. When we discover it in its proper context, acknowledging that free will is real is not just scientifically respectable; it is indispensable for explaining our world. (shrink)

In Volume Two of Ernest Fortin: Collected Essays, Fortin deals with the relationship between religion and civil society in a Christian context: that of an essentially nonpolitical but by no means entirely otherwordly religion, many of whose teachings were thought to be fundamentally at odds with the duties of citizenship. Sections focus upon Augustine and Aquinas, on Christianity and politics; natural law, natural rights, and social justice; and Leo Strauss and the revival of classical political philosophy. Fortin's treatment of (...) these and related themes betrays a keen awareness of one of the significant intellectual events of our time: the recovery of political philosophy as a legitimate academic discipline. (shrink)

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the (...) best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website. (shrink)

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)

Is it allowable for your government, or anyone else, to influence or coerce you 'for your own sake'? This is a question about paternalism, or interference with a person's liberty or autonomy with the intention of promoting their good or averting harm, which has created considerable controversy at least since John Stuart Mill's On Liberty. Mill famously decried paternalism of any kind, whether carried out by private individuals or the state. In this volume of new essays, leading moral, political and (...) legal philosophers address how to define paternalism, its justification, and the implications for public policy, professional ethics and criminal law. So-called 'libertarian' or non-coercive paternalism receives considerable attention. The discussion addresses the nature of freedom and autonomy and the relation of individuals to law, policy and the state. The volume will interest a wide range of readers in political philosophy, public policy and the philosophy of law. (shrink)

While the distinction between civilians and combatants is fundamental to international law, it is contested and complicated in practice. How do North Atlantic Treaty Organization officers see civilians in Afghanistan? Focusing on 2009 air strike in Kunduz, this article argues that the professional vision of NATO officers relies not only on recent military technologies that allow for aerial surveillance, thermal imaging, and precise targeting but also on the assumptions, vocabularies, modes of attention, and hierarchies of knowledges that the officers bring (...) to the interpretation of aerial surveillance images. Professional vision is socially situated and frequently contested with communities of practice. In the case of the Kunduz air strike, the aerial vantage point and the military visual technologies cannot fully determine what would be seen. Instead, the officers’ assumptions about Afghanistan, threats, and the gender of the civilian inform the vocabulary they use for coding people and places as civilian or noncivilian. Civilians are not simply “found,” they are produced through specific forms of professional vision. (shrink)

In this engaging APSA address, Jacques Maritain outlines the essential relationship between Christianity and democracy. In Maritain's view, it is the Gospel or the Christian leaven which has awakened the secular, temporal consciousness to supreme moral principles and the real content of democracy understood as the earthly pursuit of Gospel truths conceming the transcendent origins and destiny of man and society. Christianity teaches the inalienable dignity of every human being fashioned in the image of God, the inviolability of (...) conscience, the unity of the human race, the natural equality of all men, children of the same God and redeemed by the same Christ, the dignity of labor and the dignity of the poor, the primacy of inner values and good will over external values, universal brotherhood, love, and justbe. Maritain distinguishes between the procedural aspects and the substantive content of democracy, but anchors the Gospel vision in the free exercise of rational and moral faculties as key to democratic self-government. He cautions that without a superior moral law by virtue of which men are bound in conscience toward what is just and good, the rule of the majority runs the risk of being raised to the supreme rule of good and evil, and democracy is liable to tum to totalitahanism, that is, to self-destruction. Maritain concludes that what has been gained for the secular consciousness, if it does not veer to barbarism, is the sense of freedom consonant with the vocation of our nature. (shrink)

Our ordinary causal concept seems to fit poorly with how our best physics describes the world. We think of causation as a time-asymmetric dependence relation between relatively local events. Yet fundamental physics describes the world in terms of dynamical laws that are, possible small exceptions aside, time symmetric and that relate global time slices. My goal in this paper is to show why we are successful at using local, time-asymmetric models in causal explanations despite this apparent mismatch with fundamental physics. (...) In particular, I will argue that there is an important connection between time asymmetry and locality, namely: understanding the locality of our causal models is the key to understanding why the physical time asymmetries in our universe give rise to time asymmetry in causal explanation. My theory thus provides a unified account of why causation is local and time asymmetric and thereby enables a reply to Russell’s famous attack on causation. (shrink)

In this article, we aim at presenting a thorough and comprehensive explanation of the mathematical and theoretical relation between all the aspects of Ptolemaic planetary models and their counterparts which are built according to Kepler’s first two laws. Our article also analyzes the predictive differences which arise from comparing Ptolemaic and these ideal Keplerian models, making clear distinctions between those differences which must be attributed to the structural variations between the models, and those which are due to the specific parameters (...) Ptolemy determined in the Almagest. We expect that our work will be a contribution for a better understanding not only of the Ptolemaic theories for planetary longitudes through a clearer perception of the way in which Keplerian features are present—or absent—in Ptolemy’s models, but also for a more balanced judgement of different aspects of the contribution of the first two laws of Kepler to the modern astronomical revolution. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

A daring marriage of philosophical theory and practical politics, this collection is the first of Gianni Vattimo's many books to combine his intellectual pursuits with his public and political life. Vattimo is a paradoxical figure, at once a believing Christian and a vociferous critic of the Catholic Church, an outspoken liberal but not a former communist, and a recognized authority on Nietzsche and Heidegger as well as a prominent public intellectual and member of the European parliament. Building on his unique (...) position as a philosopher and politician, Vattimo takes on some of the most pressing questions of our time: Is it still possible, long after Nietzsche proclaimed the death of God, to talk of moral imperatives, individual rights, or political freedom? Are these values still relevant in today's world? Tackling these crucial issues, Gianni Vattimo argues that nihilism is not the absence of meaning but a recognition of a plurality of meanings; it is not the end of civilization but the beginning of new social paradigms. Commonly associated with the pessimistic belief that all of existence is meaningless, nihilism, as a philosophical principle, is far less sensational -- it is the ethical doctrine that there are no moral absolutes or infallible natural laws, that "truth" is inescapably subjective. Because the conditions for equality and liberty are not "naturally" given, society must actively create these ideals or it will inevitably fall prey to irrationality, prejudice, and oppression. Vattimo contends that the infighting, timidity, and confusion that have overtaken contemporary liberal thought and politics are the products a prolonged and indulgent mourning over the loss of the transcendental father figure -- any institution or power structure that defines truth, knowledge, and reality. Until humanity overcomes its need for external authority -- whether it be organized religion, the nation-state, or free-market capitalism -- emancipation will remain unattainable. Collecting fourteen of Vattimo's most influential essays on ethics, politics, and law, _Nihilism and Emancipation_ is a provocative reevaluation of meaning, values, and the idea of freedom in Western culture. (shrink)

The distribution of matter in our universe is strikingly time asymmetric. Most famously, the Second Law of Thermodynamics says that entropy tends to increase toward the future but not toward the past. But what explains this time-asymmetric distribution of matter? In this paper, I explore the idea that time itself has a direction by drawing from recent work on grounding and metaphysical fundamentality. I will argue that positing such a direction of time, in addition to time-asymmetric boundary conditions, enables a (...) better explanation of the thermodynamic asymmetry than is available otherwise. (shrink)

Earth’s life-support system is facing megaproblems of sustainability. One important way of how these problems can be addressed is through innovation. This paper argues that responsible innovation that contributes to sustainable development consists of three dimensions: innovations avoid harming people and the planet, innovations ‘do good’ by offering new products, services, or technologies that foster SD, and global governance schemes are in place that facilitate innovations that avoid harm and ‘do good.’ The paper discusses global governance schemes based on deliberation (...) as a means to foster such responsible innovation. These schemes can provide voluntary soft-law regulations that complement and extend national and international hard-law regulations and facilitate collective innovation that contributes to SD goals. The article addresses the facilitative role of governments and international organizations in overcoming problems of deliberation and offers illustrative examples of such governance schemes. (shrink)

Humean reductionism about laws of nature appears to leave a central aspect of scientific practice unmotivated: If the world’s fundamental structure is exhausted by the actual distribution of non-modal properties and the laws of nature are merely efficient summaries of this distribution, then why does science posit laws that cover a wide range of non-actual circumstances? In this paper, we develop a new version of the Humean best systems account of laws based on the idea that laws need to organize (...) information in a way that maximizes their cognitive usefulness for creature like us. We argue that this account motivates scientific practice because the laws’ applicability to non-actual circumstances falls right out of their cognitive usefulness. (shrink)