The paper examines the conditions under which we are responsible for actions performed under duress, focusing on a real case in which a soldier was compelled at gunpoint to participate in the massacre of civilian prisoners. The case stands for a class of cases in which the compelled act is neither clearly justified nor clearly excused on grounds of temporary incapacity, but in which it is nonetheless plausible that the agent is not morally blameworthy. The theoretical challenge is to identify (...) the excuse in such cases and to explain its basis. The paper argues that when mortal duress excuses in cases of this sort, it does so because the compelled act, though impermissible and freely chosen, nonetheless fails to manifest ‘an insufficiently good will’. The argument depends on a potentially controversial thesis in the ethics of concern, namely, that a thoroughly decent moral agent—someone who cares enough about morality and the values that underlie it—will not always be moved to do what he knows he ought to do. (shrink)

The Boltzmann and Gibbs approaches to statistical mechanics have very different definitions of equilibrium and entropy. The problems associated with this are discussed and it is suggested that they can be resolved, to produce a version of statistical mechanics incorporating both approaches, by redefining equilibrium not as a binary property but as a continuous property measured by the Boltzmann entropy and by introducing the idea of thermodynamic-like behaviour for the Boltzmann entropy. The Kac ring model is used as an example (...) to test the proposals. (shrink)

This paper presents an in-depth analysis of the anatomy of both thermodynamics and statistical mechanics, together with the relationships between their constituent parts. Based on this analysis, using the renormalization group and finite-size scaling, we give a definition of a large but finite system and argue that phase transitions are represented correctly, as incipient singularities in such systems. We describe the role of the thermodynamic limit. And we explore the implications of this picture of critical phenomena for the questions of (...) reduction and emergence. (shrink)

Gideon Yaffe presents a theory of criminal responsibility according to which child criminals deserve leniency not because of their psychological, behavioural, or neural immaturity but because they are denied the vote. He argues that full shares of criminal punishment are deserved only by those who have a full share of say over the law.

It is well-known that the invocation of `equilibrium processes' in thermodynamics is oxymoronic. However, their prevalence and utility, particularly in elementary accounts, presents a problem. We consider a way in which their role can be played by sets of sequences of processes demarcated by curves carrying the property of accessibility. We also examine the vexed question of whether equilibrium processes are necessarily reversible and the revision of this property in relation to sets of sequences of such processes.

Book reviewed in this article: Ethical Issues in Social Research. Edited by Tom L. Beauchamp, Ruth R. Faden, R. Jay Wallace, Jr., and LeRoy Walters. Baltimore: The Johns Hopkins University Press, 1982. xii + 436 pp. $25.00 (hardcover); $8.95 (paper). Ethics of Human Subject Research. Edited by Allan J. Kimmel, Jr. San Francisco: Jossey‐Bass, 1981. 106 pp. $6.95 (paper). Social Research Ethics. Edited by Martin Bulmer. New York: Holmes & Meier, 1982. xiv + 284 pp. $39.50 (hardcover); $14.50 (paper). The (...) Ethics of Social Research: Field‐work, Regulation and Publication. Edited by Joan E. Sieber. New York: Springer‐Verlag, 1982. x + 187 pp. $23.50 (hardcover). The Ethics of Social Research: Surveys and Experiments. Edited by Joan E. Sieber. New York: Springer‐Verlag, 1982. xii + 249 pp. $23.50 (hardcover). (shrink)

Region R Question: How many objects — entities, things — are contained in R? Ignore the empty space. Our question might better be put, 'How many material objects does R contain?' Let's stipulate that A, B and C are metaphysical atoms: absolutely simple entities with no parts whatsoever besides themselves. So you don't have to worry about counting a particle's top half and bottom half as different objects. Perhaps they are 'point-particles', with no length, width or breadth. Perhaps they are (...) extended in space without possessing spatial parts (if that is possible). Never mind. We stipulate that A, B and C are perfectly simple. We also stipulate that they are connected as follows. A and B are stuck together in such a way that when a force is applied to one of them, they move together 'as a unit'. Moreover, the two of them together exhibit behavior that neither would exhibit on its own — Perhaps they emit a certain sound, or glow in the dark — whereas C is.. (shrink)

1. At its core, education is characterized by a preoccupation with the future. Despite the notable lack of agreement concerning the aims of education (e.g., social mobility, personal development, w...

Recent work asked if visual cues facilitate word segmentation in adults and infants. While adults showed better word segmentation when presented with a regular visual cue, infants did not. This difference was attributed to infants' lack of understanding that objects have labels. Alternatively, infants’ performance could reflect their difficulty with tracking and integrating multiple multimodal cues. We contrasted these two accounts by looking at the effect of visual cues on word segmentation in adults and across childhood. We found that older (...) children benefitted from the regular visual cues, but younger children, who already knew that objects have labels, did not. Knowing that objects have labels was not enough to use visual cues as an aid for segmentation. These findings show that the ability to integrate multimodal cues develops during childhood, and it is not yet adult-like in children. (shrink)

Metaphysicians of Meaning is the first book to challenge the accepted understanding of Russell's On Denoting and Frege's On Sense and Reference . Makin compares the work Russell did shortly before his famous essay "On Denoting" with the essay itself and argues that this comparison shows that the traditional view of the problem Russell was trying to solve is untenable. He then examines Frege's classic essay and argues that some of the less well-known views that Frege held have radical implications (...) for our understanding of this essay. (shrink)

This chapter contains sections titled: 1 A Question about Composition 2 Some Answers 3 How Shall We Decide? 4 Common Sense and Unrestricted Composition 5 Common Sense and Compositional Nihilism 6 Compositional Nihilism and the Self 7 The Appeal to Science 8 Problem or Pseudoproblem? What To Do?

Character strengths are widely studied positive traits considered to be “values in action,” reflecting morally valued virtues. They are hypothesized to serve as pathways to the manifestation of values in life for the benefit of individuals and societies. However, there is surprisingly limited theoretical writing and empirical research on the expected links of character strengths with specific values [e.g., as defined by Schwartz ] or on character strengths as the pathway for behavioral and social manifestations of these values. In this (...) paper, we delineate theoretical links between the two theories and outline their implications. We then provide an initial empirical examination of a specific character strength – gratitude, as a pathway from Schwartz’s self-transcendence values to prosocial behavior and peer acceptance, in two samples of adolescents. The findings indicated that most pathways were significant, providing initial support for the theoretical model. However, in one of the samples, the indirect path from self-transcendence values to prosocial behavior was only marginally significant. Taken together, the findings point to the need for further research on the role of character strengths in creating a pathway from values to various social outcomes. (shrink)

In this Paper I examine Wittgenstein’s appeals to madness in On Certainty in light of Foucault’s Histoire de la folie. A close look at these works, usually conceived as disparate, belonging to entirely different schools of thought, reveals they actually have much in common. Both can be read as investigations into the grounds of reason, and while they offer quite different and distinct perspectives on the matter, share some central insights. In both we find that the boundaries of reason are (...) not only vague but are also largely founded upon the relations - social in Foucault, socio-linguistic in Wittgenstein - between the reasonable man and the unreasonable man. Both perspectives reveal a curious state of affairs, whereby the reasonable man is the one who dominates discourse, and yet, in his claim for reason, remains forever dependent upon the unreasonable man and his rejection. The pressing question triggered by Foucault's account is whether the boundary between reason and unreason is at all necessary. This undermines Wittgenstein’s thesis that this boundary is a matter of logical necessity, upon which discourse depends. I flesh this point out in the paper also by examining the differences in Wittgenstein’s and Foucalt’s treatments of Descartes’ Meditations. I conclude that Wittgenstein’s criticism of Cartesian skepticism presented in On Certainty loses much of its fortitude once examined in light of Foucault's Histoire de la folie. (shrink)

In this stimulating investigation, Gideon Freudenthal has linked social history with the history of science by formulating an interesting proposal: that the supposed influence of social theory may be seen as actual through its co herence with the process of formation of physical concepts. The reinterpre tation of the development of science in the seventeenth century, now widely influential, receives at Freudenthal's hand its most persuasive statement, most significantly because of his attention to the theoretical form which is charac (...) teristic. of classical Newtonian mechanics. He pursues the sources of the parallels that may be noted between that mechanics and the dominant philosophical systems and social theories of the time; and in a fascinating development Freudenthal shows how a quite precise method - as he descriptively labels it, the 'analytic-synthetic method' - which underlay the Newtonian form of theoretical argument, was due to certain interpretive premisses concerning particle mechanics. If he is right, these depend upon a particular stage of con ceptual achievement in the theories of both society and nature; further, that the conceptual was generalized philosophically; but, strikingly, Freudenthal shows that this concept-formation itself was linked to the specific social relations of the times of Newton and Hobbes. (shrink)

When a person acts from ignorance, he is culpable for his action only if he is culpable for the ignorance from which he acts. The paper defends the view that this principle holds, not just for actions done from ordinary factual ignorance, but also for actions done from moral ignorance. The question is raised whether the principle extends to action done from ignorance about what one has most reason to do. It is tentatively proposed that the principle holds in full (...) generality. (shrink)

It is widely supposed that every entity falls into one of twocategories: Some are concrete; the rest abstract. The distinction issupposed to be of fundamental significance for metaphysics andepistemology. This article surveys a number of recent attempts to sayhow it should be drawn.

Gideon Yaffe presents a ground-breaking work which demonstrates the importance of philosophy of action for the law. Many people are serving sentences not for completing crimes, but for trying to. Yaffe's clear account of what it is to try to do something promises to resolve the difficulties courts face in the adjudication of attempted crimes.

In this paper I examine Wittgenstein’s appeals to madness in On Certainty in light of Foucault’s Histoire de la folie. A close look at these works, usually conceived as disparate, belonging to entirely different schools of thought, reveals they actually have much in common. Both can be read as investigations into the grounds of reason, and while they offer quite different and distinct perspectives on the matter, they share some central insights. In both we find that the boundaries of reason (...) are not only vague but also largely founded upon the relations - social in Foucault, socio-linguistic in Wittgenstein - between the reasonable person and the unreasonable person. Both perspectives reveal a curious state of affairs whereby the reasonable person is the one who dominates discourse, and yet, in his claim for reason, remains forever dependent upon the unreasonable person and his rejection. The pressing question triggered by Foucault's account is whether the boundary between reason and unreason is at all necessary. This undermines Wittgenstein’s thesis that this boundary is a matter of logical necessity upon which discourse depends. I flesh this point out in the paper also by examining the differences in Wittgenstein’s and Foucault’s treatments of Descartes’ Meditations. I conclude that Wittgenstein’s criticism of Cartesian skepticism presented in On Certainty loses much of its fortitude once examined in light of Foucault's Histoire de la folie. (shrink)

It has been remarked that the ‘rupture thesis’ prevails within the Anglo-American legal academy in its understanding of the legal system in Nazi Germany. This article explores the existence and origins of this idea—that ‘Nazi law’ represented an aberration from normal legal-historical development with a point of rupture persisting between it and the ‘normal’ or central concept of law—within jurisprudential discourse in order to illustrate the prevalence of a distorted representation of Nazi law and how this distortion is manifested within (...) the discourse today. An analysis of the treatment of Nazi law in two major 50th anniversary publications about the 1958 Hart–Fuller debate, and a review of representations of the Third Reich within literature from the current discourse, demonstrates that the rupture thesis continues to be reproduced within jurisprudence. An examination of the role of Nazi law in the Hart–Fuller debate itself shows that it can be traced back to the debate, where it was constructed through a combination of conceptual determinism and historical omission. It concludes that the historical Nazi law has great significance for the concept of law, but neither positivism nor natural law has properly theorised the nature of the real Nazi legal system. (shrink)

In what follows I try to show that Spinoza modelled his project of rational psychology, in some of its major respects, upon Descartes's metaphysics of matter. I argue further that, like Descartes, who paid for the rationalization of the science of matter the price of having to leave out of his description non-quantifiable qualities, so Spinoza left out of his psychology the non-rationalizable aspects of emotions, i.e. whatever in them could not be subsumed under common notions. He therefore was left (...) with the cognitive aspects of emotions, keeping outside of his report the inner feeling which accompanies them. Spinoza's psychology, I claim, disregards any non-cognitive aspect of emotions. (shrink)

1. Professor Brandom’s paper is addressed to a methodological question: When we set out to account for the intentionality of thought and language, what resources may we exploit? Which notions may we use? Brandom is a famously ambitious theorist. Unlike his colleague, John McDowell, Brandom has long maintained that we should at least aspire to explain intentionality in non-intentional terms. This leaves it open, however, which non-intentional resources are legitimate.

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a (...) case study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more. (shrink)

An important contribution to the foundations of probability theory, statistics and statistical physics has been made by E. T. Jaynes. The recent publication of his collected works provides an appropriate opportunity to attempt an assessment of this contribution. * Review of E. T. JAYNES (1983): Papers on Probability, Statistics and Statistical Physics. Edited by R. D. Rosenkrantz. D. Reidel Publishing Company. US $49.50. Pp. xxiv + 434. We are grateful to Harvey Brown, Kenneth Denbigh, Udi Makov and Oliver Penrose for (...) their valuable criticisms of this paper. (shrink)

This is the first comprehensive interpretation of John Locke's solution to one of philosophy's most enduring problems: free will and the nature of human agency. Many assume that Locke defines freedom as merely the dependency of conduct on our wills. And much contemporary philosophical literature on free agency regards freedom as a form of self-expression in action. Here, Gideon Yaffe shows us that Locke conceived free agency not just as the freedom to express oneself, but as including also the (...) freedom to transcend oneself and act in accordance with "the good." For Locke, exercising liberty involves making choices guided by what is good, valuable, and important. Thus, Locke's view is part of a tradition that finds freedom in the imitation of God's agency. Locke's free agent is the ideal agent. Yaffe also examines Locke's understanding of volition and voluntary action. For Locke, choices always involve self-consciousness. The kind of self-consciousness to which Locke appeals is intertwined with his conception of personal identity. And it is precisely this connection between the will and personal identity that reveals the special sense in which our voluntary actions can be attributed to us and the special sense in which we are active with respect to them. Deftly written and tightly focused, Liberty Worth the Name will find readers far beyond Locke studies and early modern British philosophy, including scholars interested in free will, action theory, and ethics. (shrink)

Van Fraassen defines constructive empiricism as the view that science aims to produce empirically adequate theories. But this account has been misunderstood. Constructive empiricism in not, as it seems, a description of the intentional features of scientific practice, nor is it a normative prescription for their revision. It is rather a fiction about the practice of science that van Fraassen displays in the interests of a broader empiricism. The paper concludes with a series of arguments designed to show that constructive (...) empiricism so understood is self-undermining. (shrink)

On October 27, 1991, a Jewish woman named Rachel Drouk, a settler in the West Bank, was killed by Palestinian Intifada fighters. Twenty-five women spontaneously gathered at the site of the murder and held a vigil—a vigil that eventually developed into a protest settlement. The women, all of whom were married mothers, presented their initiative in maternal narratives: grounds, motives, and justifications for the act, and targets and anticipations were all related to the practice of care. This article conducts an (...) artificial dialogue between the women's discourse and Ruddick's theory of maternal thinking, enabling deconstruction of the former and a critique of the theory of care. (shrink)

Calls to ?build civil society?, ?create active citizenship?, ?empower communities?, or ?widen political participation? are growing by the day. They are heard in academia, the private sector, among NGOs and increasingly in government. In short, the rhetoric of self?government, that ideal dear to republicans, is back on the political agenda. This time, however, it is increasingly tied to the category of civil society. Yet can the programme of ?more power to civil society? really achieve democratic autonomy in the way that (...) many neo?republicans want it to? This article pursues this question, first, by reconstructing an ideal?type model of republican civil society from the writings of Hannah Arendt and Vaclav Havel ? two influential theorists of self?organisation in civil society. Second, it asks, sceptically, where such a civil society will come from, whether it can be fully reconciled with modernity and how ? if at all ? it can meet the charge of voluntarism. These critical interrogations are followed by a further three, focusing on the problematic absence of the market in the republican account of civil society, its under?theorised ? even Utopian ? notion of power and, finally, its likely complicity in the ongoing exclusion of women from the public sphere. The article concludes by calling for a more ambitious, wide?ranging vision of republican autonomy than the narrow emphasis on civil society will allow. (shrink)