Law as Art presents a radical new legal theory, the Law as Art Hypothesis, which conceives law, not as a system of rules, but as a distinctive kind of art work. Law is differentiated as art by the Law as Compound Artistic Type Hypothesis, which uses the heuristic metaphor of the Operatic Music Drama, the most elementally complex compound art form, to develop an idea of legal art as a distinctive empowered text, supported by the arts of drama, painting, sculpture, (...) dress-design, architecture, rhetoric and communication to form an elementally developed yet integrated unitary art work. Part I develops a new realist epistemology to support a contemporary action-type ontology of art, differentiated as art by virtue of its artistic value. Part II opens with a critical review of the arts in legal theory, before detailing the Law as Art and Law as Compound Artistic Type Hypothesis and locating them within contemporary scholarship. Legal philosophical implications are considered and there is an acronym key and glossary, bibliography and index. (shrink)

Since the 1970s Gary Watson has published a series of brilliant and highly influential essays on human action, examining such questions as: in what ways are we free and not free, rational and irrational, responsible or not for what we do? Moral philosophers and philosophers of action will welcome this collection, representing one of the most important bodies of work in the field.

The first part of the essay explores the relations between the will and practical reason or judgement. The second part takes up decision in the realm of belief, i.e. deciding that such and such is so. This phenomenon raises two questions. Since we decide that as well as to, should we speak of a doxastic will? Secondly, should we regard ourselves as active in the formation of our judgements as in the formation of our intentions? The author's answer to these (...) two further questions is ‘no’ and ‘yes’, respectively: the boundaries between the active and the passive are not marked by the will. (shrink)

In the subsequent pages, I want to develop a distinction between wanting and valuing which will enable the familiar view of freedom to make sense of the notion of an unfree action. The contention will be that, in the case of actions that are unfree, the agent is unable to get what he most wants, or values, and this inability is due to his own "motivational system." In this case the obstruction to the action that he most wants to do (...) is his own will. It is in this respect that the action is unfree: the agent is obstructed in and by the very performance of the action. (shrink)

Development of a vaccine for schistosomiasis, a parasitic disease currently affecting over 200 million people worldwide, has been targeted as a priority by the World Health Organisation. Research demonstrating the ability of humans to acquire natural immunity to schistosome infection, together with the successful use of attenuated vaccines in animals both under laboratory and field conditions, suggest that development of a human vaccine is feasible. Attenuated vaccines for schistosomiasis are considered neither safe nor practicable for human use, however, and therefore (...) other approaches must be considered. This review examines progress currently being undertaken in a number of different areas towards achieving the goal of a safe and effective human vaccine for schistosomiasis. (shrink)

My concern in this paper will be to explore and develop a version of nonsocratic skepticism about weakness of will. In my view, socratism is incorrect, but like Socrates, I think that the common understanding of weakness of will raises serious problems. Contrary to socratism, it is possible for a person knowingly to act contrary to his or her better judgment. But this description does not exhaust the common view of weakness. Also implicit in this view is the belief that (...) actions which are contrary to one's better judgment are free in the sense that the agent could have done otherwise. To take seriously the possibility of acting contrary to one's better judgment is at the same time to raise problems about the distinction between weakness and compulsion. I argue that the common view, according to which the differentiating feature is that the weak are able to conform their behavior to their practical judgments, is unjustified. Instead, I have proposed that weakness of will involves the failure to develop certain normal capacities of self-control, whereas compulsion involves desires which even the possession of such capacities would not enable one to resist. (shrink)

The new edition of this highly successful text will once again provide the ideal introduction to free will. This volume brings together some of the most influential contributions to the topic of free will during the past 50 years, as well as some notable recent work.

With its unique combination of depth, clarity, and humor that has enchanted millions, this beloved classic by bestselling author Gary Zukav opens the fascinating world of quantum physics to readers with no mathematical or technical background. "Wu Li" is the Chinese phrase for physics. It means "patterns of organic energy," but it also means "nonsense," "my way," "I clutch my ideas," and "enlightenment." These captivating ideas frame Zukav's evocative exploration of quantum mechanics and relativity theory. Delightfully easy to read, (...) The Dancing Wu Li Masters illuminates the compelling powers at the core of all we know. (shrink)

Drawing heavily on recent empirical research to update R.M. Hare's two-level utilitarianism and expand Hare's treatment of "intuitive level rules," Gary Varner considers in detail the theory's application to animals while arguing that Hare should have recognized a hierarchy of persons, near-persons, & the merely sentient.

This book offers a powerful response to what Varner calls the "two dogmas of environmental ethics"--the assumptions that animal rights philosophies and anthropocentric views are each antithetical to sound environmental policy. Allowing that every living organism has interests which ought, other things being equal, to be protected, Varner contends that some interests take priority over others. He defends both a sentientist principle giving priority to the lives of organisms with conscious desires and an anthropocentric principle giving priority to certain very (...) inclusive interests which only humans have. He then shows that these principles not only comport with but provide significant support for environmental goals. (shrink)

Purely parallel neural networks can model object recognition in brief displays – the same conditions under which illusory conjunctions have been demonstrated empirically. Correcting errors of illusory conjunction is the “tag-assignment” problem for a purely parallel processor: the problem of assigning a spatial tag to nonspatial features, feature combinations, and objects. This problem must be solved to model human object recognition over a longer time scale. Our model simulates both the parallel processes that may underlie illusory conjunctions and the serial (...) processes that may solve the tag-assignment problem in normal perception. One component of the model extracts pooled features and another provides attentional tags that correct illusory conjunctions. Our approach addresses two questions: How can objects be identified from simultaneously attended features in a parallel, distributed representation? How can the spatial selectional requirements of such an attentional process be met by a separation of pathways for spatial and nonspatial processing? Our analysis of these questions yields a neurally plausible simulation of tag assignment based on synchronizing feature processing activity in a spatial focus of attention. (shrink)

The goal of perceptual systems is to allow organisms to adaptively respond to ecologically relevant stimuli. Because all perceptual inputs are ambiguous, perception needs to rely on prior knowledge accumulated over evolutionary and developmental time to turn sensory energy into information useful for guiding behavior. It remains controversial whether the guidance of perception extends to cognitive states or is locked up in a “cognitively impenetrable” part of perception. I argue that expectations, knowledge, and task demands can shape perception at multiple (...) levels, leaving no part untouched. The position advocated here is broadly consistent with the notion that perceptual systems strive to minimize prediction error en route to globally optimal solutions :181–204, 2013). On this view, penetrability should be expected whenever constraining lower-level processes by higher level knowledge is minimizes global prediction error. Just as Fodor feared cognitive penetration of perception threatens theory-neutral observation and the distinction between observation and inference. However, because theories themselves are constrained by the task of minimizing prediction error, theory-laden observation turns out to be superior to theory-free observation in turning sensory energy into useful information. (shrink)

This essay is about the difficulties of doing criminal justice in the context of severe social injustice. Having been marginalized as citizens of the larger community, those who are victims of severe social injustice are understandably alienated from the dominant political institutions, and, not unreasonably, disrespect their authority, including that of the criminal law. The failure of equal treatment and protection and the absence of anything like fair and decent life prospects for the members of the marginalized populations erode the (...) basis for its allegiance to demands of the political community. The criminal law thus occupies a problematic normative position with respect to lawbreakers in this population; in many cases, it finds itself in the position of convicting them for crimes for which the political community itself bears some significant responsibility. The attempt to administer criminal justice therefore faces a serious moral predicament; on the one hand, criminal law has a right and an.. (shrink)

Made-Up Minds addresses fundamental questions of learning and concept invention by means of an innovative computer program that is based on the cognitive ...

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane''s work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if (...) compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options. (shrink)

In this paper I discuss two kinds of attempts to qualify incompatibilist and compatibilist conceptions of freedom to avoid what have been thought to be incredible commitments of these rival accounts. One attempt -- which I call soft libertarianism -- is represented by Robert Kane's work. It hopes to defend an incompatibilist conception of freedom without the apparently difficult metaphysical costs traditionally incurred by these views. On the other hand, in response to what I call the robot objection (that if (...) compatibilism is true, human beings could be the products of design), some compatibilists are tempted to soften their position by placing restrictions on the origins of agency. I argue that both of these attempts are misguided. Hard libertarianism and hard compatibilism are the only theoretical options. (shrink)

Can what we know change what we see? Does language affect cognition and perception? The last few years have seen increased attention to these seemingly disparate questions, but with little theoretical advance. We argue that substantial clarity can be gained by considering these questions through the lens of predictive processing, a framework in which mental representations—from the perceptual to the cognitive—reflect an interplay between downward-flowing predictions and upward-flowing sensory signals. This framework provides a parsimonious account of how what we know (...) ought to change what we see and helps us understand how a putatively high-level trait such as language can impact putatively low-level processes such as perception. Within this framework, language begins to take on a surprisingly central role in cognition by providing a uniquely focused and flexible means of constructing predictions against which sensory signals can be evaluated. Predictive processing thus provides a plausible mechanism for many of the reported effects of language on perception, thought, and action, and new insights on how and when speakers of different languages construct the same “reality” in alternate ways. (shrink)

Is capitalist production unjust? It is easy to think, upon first reading Marx, that he answers this question in the affirmative. And I shall argue that this naive reading is correct. This needs to be argued, however, for a more careful scrutiny of Marx's writings reveals passages in which he seems to call capitalist production just or fair. Relying upon these passages, Robert Tucker and Allen W. Wood have urged that, in Wood's words,it is simply not the case that Marx's (...) condemnation of capitalism rests on some conception of justice, and those who attempt to reconstruct a “Marxian idea of justice” from Marx's manifold charges against capitalism are at best only translating Marx's critique of capitalism, or some aspect of it, into what Marx himself would have consistently regarded as a false, ideological, or “mystified” form.What Marx regarded as false and mystified, however, is not the practice of assessing social institutions as just or unjust, but rather the picture of those institutions, and especially of capitalist production, to be found in bourgeois ideology. (shrink)

This article asks how people come to interpret themselves and others as autonomous given their multiple dependencies. We draw on a cross-case comparison of ethnographic studies with two populations for whom autonomy is both central and problematic: elderly patients in post-acute care, and young adults with disabilities in an independent living program. Analyzing the institutional efforts to make their clients “as independent as possible,” we find that staff members at each organization formulate autonomy as a temporal project through an ongoing (...) calibration of open futures, ideal pasts, and situational competence. Constantly adjusting and fine-tuning where in time autonomy “really” is, workers arrange present dependence so that the contours of the future remain open for their clients. In other words, they make use of temporal markers to produce recognizable autonomous subjects whose dependencies are momentary. Theorizing this temporal project enables us to see more clearly how all of us engage in the constant business of “doing” autonomy, and to better understand the role of institutions in producing autonomous selves. (shrink)

Volume 31 contains papers and commentaries presented to the Boston Area Colloquium in Ancient Philosophy during academic year 2014-15. Works: _Symposium_, _Republic_, _Euthyphro_, Proclus’s _De malorum_, _Sophist_, _Statesman_; topics: eros, tripartite soul, what the gods love, evil, Homeric motifs.

The volume contains papers and commentaries presented to the _Boston Area Colloquium in Ancient Philosophy_ during the academic year 2015-16. Works: Phaedrus, Republic, Apology, Laws, Seventh Letter, Stoic texts. Topics: Stoic blending, reciprocal eros, perception in tripartite soul, Stoic identity, Plato’s politics and events.

Philosophers often contrast personal authority to authority vested in offices. Some such distinction is traditional and sometimes useful. But it does not provide us with an exhaustive classification of the types of authority, for there is a third type of authority that I shall argue is more fundamental than these two. Let us start with the types marked out by the usual distinction.Consider first the sort of authority illustrated by the following sentences:Smith is an authority on physics.Smith has authority as (...) a physicist.Smith's views on physics have authority.O.K., I believe you—after all, you're the authority on physics!A person is an authority in virtue of possessing extensive knowledge of a field or subject-matter. There seem to be no limits on what the field or subject-matter can be—for instance, one can be an authority on trivia. (shrink)

Prior research suggests that voluntary environmental governance mechanisms operate to enhance a firm’s environmental legitimacy as opposed to being a driver of proactive environmental performance activities. To understand how these mechanisms contribute to the firm’s environmental legitimacy, we investigate whether environmental corporate governance characteristics are associated with voluntary environmental disclosure. We examine an increasingly important attribute of a firm’s disclosure setting, namely the disclosure of greenhouse gas (GHG) information. GHG information represents proprietary non-financial information about the firm’s exposure to environmental (...) concerns and is related to the firm’s operations and future profitability. Thus, we expect governance participants would view such information as a potentially important strategic device for managing stakeholders’ demands for information concerning environmental risks. We find that the presence of an environmental committee and a Chief Sustainability Officer (CSO) is positively associated with the likelihood of GHG disclosure and that CSOs are associated with disclosure transparency. Further analysis reveals that the likelihood of disclosure is associated with committee size, number of committee meetings, expertise of committee members and CSO, and overlap between the environmental committee and audit committee. Only expertise of the environmental committee members and the CSO are associated with GHG disclosure transparency, while larger committees tend to be associated with lower transparency. Our results are particularly important to those with interests in evaluating the potential role that corporate governance mechanisms play in responding to stakeholder concerns about environmental risks. Directors and officers who are considering appointment to similar governance positions, may wish to consider what attributes would make such governance positions more influential. (shrink)