This essay describes how longstanding conceptions of professionalism in American medical care came under attack in the decades since the enactment of Medicare in 1965 and how the reform strategy and core provisions of the 2010 Affordable Care Act illustrate the weakening of those ideas and the institutional practices embodying them.The opening identifies the dominant role of physicians in American medical care in the two decades after World War II. By the time Medicare was enacted in 1965, associations of American (...) physicians were almost completely in charge of medical education, specialist certification, and the enforcement of professional norms on their members. Who could be a doctor, what education and training would be required, and what collegial oversight was operative was first a professional matter and only secondly implicated the state through malpractice or major corporations via the employment of physicians. (shrink)

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (shrink)

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.Law (...) and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory. (shrink)

Four years after the Panama Papers scandal, tax avoidance remains an urgent moral-political problem. Moving beyond both the academic and policy mainstream, I advocate the “democratization of tax enforcement,” by which I mean systematic efforts to make tax avoiders accountable to the judgment of ordinary citizens. Both individual oligarchs and multinational corporations have access to sophisticated tax avoidance strategies that impose significant fiscal costs on democracies and exacerbate preexisting distributive and political inequalities. Yet much contemporary tax sheltering occurs within the (...) letter of the law, rendering criminal sanctions ineffective. In response, I argue for the creation of Citizen Tax Juries, deliberative minipublics empowered to scrutinize tax avoiders, demand accountability, and facilitate concrete reforms. This proposal thus responds to the wider aspiration, within contemporary democratic theory, to secure more popular control over essential economic processes. (shrink)

This paper considers the hotly debated issue of whether one should grant moral and legal personhood to intelligent robots once they have achieved a certain standard of sophistication based on such criteria as rationality, autonomy, and social relations. The starting point for the analysis is the European Parliament’s resolution on Civil Law Rules on Robotics and its recommendation that robots be granted legal status and electronic personhood. The resolution is discussed against the background of the so-called Robotics Open Letter, which (...) is critical of the Civil Law Rules on Robotics. The paper reviews issues related to the moral and legal status of intelligent robots and the notion of legal personhood, including an analysis of the relation between moral and legal personhood in general and with respect to robots in particular. It examines two analogies, to corporations and animals, that have been proposed to elucidate the moral and legal status of robots. The paper concludes that one should not ascribe moral and legal personhood to currently existing robots, given their technological limitations, but that one should do so once they have achieved a certain level at which they would become comparable to human beings. (shrink)

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. (...) On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment. (shrink)

Current Legal Issues, like its sister volume Current Legal Problems, is based upon an annual colloquium held at University College London. Each year, leading scholars from around the world gather to discuss the relationship between law and another discipline of thought. Each colloqium examines how the external discipline is conceived in legal thought and argument, how the law is pictured in that discipline, and analyses points of controversy in the use, and abuse, of extra-legal arguments within legal theory and practice.Law (...) and Psychology, the latest volume in the Current Legal Issues series, contains a broad range of essays by scholars interested in the interactions between law and psychology. The volume includes studies of jury trials in terrorism cases, psychological evidence in family law cases, child witness testimony and the role of psychology in punishment theory. (shrink)

A discussion of the sense in which reality is mind-dependent for Kant and for David Lewis. Plus a lot about space-aliens (and a bit about pimple-worms).

Gordon Belot investigates the distinctive notion of geometric possibility that relationalists rely upon. He examines the prospects for adapting to the geometric case the standard philosophical accounts of the related notion of physical possibility, with particular emphasis on Humean, primitivist, and necessitarian accounts of physical and geometric possibility. This contribution to the debate concerning the nature of space will be of interest not only to philosophers and metaphysicians concerned with space and time, but also to those interested in laws (...) of nature, modal notions, or more general issues in ontology. (shrink)

Teaching and learning of medical ethics and law are at the heart of medical education because they are integral to all clinical encounters and public health interventions, and a foundation in medical ethics and law is essential for students to become virtuous doctors. The first model curriculum for medical ethics and law within medical education in the UK, published in 1998, has recently been reviewed and updated. Now called a core content of learning, it emphasizes that teaching and learning of (...) medical ethics and law should be attuned to the students' needs appropriate both to their particular stage of training and to relevant specialty-specific ethical issues; is a shared obligation of all teachers throughout the course; and should be integrated vertically and horizontally throughout the whole medical curriculum. The General Medical Council and the British Medical Association have confirmed that the revised core content of learning is consistent with their guidance on undergraduate education. (shrink)

Arguments about the supersession of historic injustice often use the dispossession of Indigenous lands as an example of the sort of injustice in the past that can be superseded in certain circumstances. This article aims not to directly challenge the content of such arguments but to place them into a different context, wherein they are seen playing a role in ongoing efforts to remove Indigenous understandings of law, justice, and morals from discussions about state-Indigenous histories and interactions. The normative narrowness (...) of these arguments is explored alongside developments within Canadian law that purport to respond to the historic denial of substantive Indigenous interests in lands by colonial and Canadian authorities. While the analysis predominantly takes a bird’s-eye view of the interaction of varied normative systems, the conclusion advances a normatively charged argument, as I speculate about why courts – and academics writing about the passage of time – seem intent on developing arguments that displace Indigenous understandings. (shrink)

The edited volume _Future Law, Ethics, and Smart Technologies_ is a comprehensive interdisciplinary textbook for students, particularly law students, who want to become familiar with the complex issues at the intersection of law, ethics, and smart technologies.

Professor Tullock shows what happens when, abandoning the traditional view of civil and criminal law as an extension of moral philosophy, concepts and procedures of modern welfare economics are applied to our legal system.

This essay addresses Rawls’ claim in Political Liberalism that the U.S. Supreme Court would have power to overturn an amendment repealing the First Amendment. I argue that the argument succeeds if one conceives of public reason as a theory of constitutional lawmaking. This theory is founded on Rawls’ unique contributions to the concept of public reason: the criterion of reciprocity, and the content, given by a family of reasonable conceptions of political justice. This conception of public reason imports substantive moral (...) commitments into democratic theory, and thereby limits what may count as law. This essay reconstructs Rawls’ reasoning by developing a theory of public reason as law higher even than constitutional law, and then to use this theory to analyze and critique other theories, such as Ackerman’s constitutional moment. (shrink)

Leibniz vollbringt ein wichtiges philosophisches Manover, wenn er behauptet, daß Wunder, wenn sie auch nicht im Einklang mit den Naturgesetzen stehen, so doch im Einklang mit den allgemeineren metaphysischen Gesetzen, die Gott den Monaden in Form von Kraft eingeprägt hat. Leider hat er jedoch nie genug abgeklärt, auf welche Weise das Auftreten von Wundern mit seiner Physik der Kraft übereinstimmen kann. In verschiedenen Passagen scheint Leibniz sogar in einen Widerspruch verwickelt zu sein: wahrend er darauf besteht, daß Wunder über den (...) Naturgesetzen und der substaniellen Kraft stehen, erkennt er doch an, daß jede Substanz "n'agit que pour sa propre force et n'en reçoit jamais d'ailleurs" und daß alles, das je innerhalb einer Substanz geschehen wird, "est deja compris virtuellement dans sa nature ou notion". Wie kann ein Wunder – das per definitionem über der substantiellen Natur und Kraft steht – überhaupt vorkommen, wenn alles was mit einer Substanz geschieht, aus substantieller Natur oder Kraft folgen oder in ihr 'eingeprägt' sein muß? Um das Problem der Vereinbarkeit der Moglichkeit von Wundern und der Struktur des Leibnizschen metaphysischen Systems zu losen – und so ganz allgemein eine Annäherung zwischen Leibniz' theologischen Ansichten und seiner Metaphysik zu bewirken – rege ich an, daß wir Leibniz' Diskussion der derivativen Kraft bereichern und den Unterschied zwischen substanieller Essenz und Natur erhellen müssen. Erst wenn wir intermonadische von intramonadischer derivativer Kraft unterscheiden und substantielle Essenz mit primitiver Kraft verbinden und substantielle Natur mit intermonadischer derivativer Kraft, können wir sehen, wie Wunder über substantieller Kraft stehen können – nämlich insoweit sie über intermonadischer Kraft/substantieller Natur stehen, ohne gleichzeitig über primitiver Kraft/substantieller Essenz zu stehen. (shrink)

Sometimes one can prevent harm only by contravening rights. If the harm one can prevent is great enough, compared to the stringency of the opposing rights, then one has a lesser-evil justification to contravene the rights. Non-consequentialist orthodoxy holds that, most of the time, lesser-evil justifications add to agents’ permissible options without taking any away. Helen Frowe rejects this view. She claims that, almost always, agents must act on their lesser-evil justifications. Our primary task is to refute Frowe’s flagship argument. (...) Secondarily, it is to sketch a positive case for nonconsequentialist orthodoxy. (shrink)

In this paper I critically examine recent developments in intellectual property law. In particular, from a point of view informed primarily by Marx and Foucault, I study (a) the rhetoric surrounding the Metallica lawsuit against Napster; (b) a pair of conflicting trademark cases surrounding the ownership of a word on the Internet; and (c) the software industry's move to win approval for “shrink-wrap” or “click here” licenses. I conclude that these developments indicate a new form of disciplinary power, where people (...) are individuated ex ante as consumers. Despite the celebrations of market cyberlibertarians, this move actually masks an increase in overt state power as the state apparatus is invoked to force individuals to agree to behave as disciplined consumers and accede to the system in the first place. (shrink)

This paper attempts a theoretical discussion of effects on the legal regime of copyright induced by the change from material to digital media. Specifically, a fundamental question remains unanswered: what is the relationship between an object and a copy? A conceptually clear answer to this question has been unnecessary because it has always been possible to provide an ad hoc answer through visual inspection of an object. Authorized mechanical reproductions – authorized copies – look similar to one another, and unauthorized (...) reproductions bear tangible evidence of degradation. Digital reproduction, however, makes such visual inspection impossible, as both authorized and unauthorized digital reproductions look the same. At that moment, one “would expect” that copyright protects the essence of the object, independently of how it looks. Indeed, this is precisely what copyright jurisprudence, which emphasizes originality, tries to do. However, absent the baseline of visual intelligibility, there is no criterion for knowing which object legitimately embodies its eidos and which does not. The effects of this absence stand behind many of the battles surrounding digital reproduction. In section 2, I discuss more precisely how digital reproduction undermines the original/copy distinction. In section 3, I show how the effects of this are manifest in contemporary debates. Section 4 attempts a more theoretical discussion, organized around Deleuze's discussion of Platonism (and the degree to which, for Deleuze, the Platonic original/copy distinction functions to enable the police work of good copy/bad copy). The essay concludes with some thoughts about future developments in copyright and the suggestion that the move to digital rights management technologies are appropriately seen as a response to these conceptual limitations in copyright. (shrink)

This article analyses the work of Martin Loughlin on the nature of public law, and in particular, his ostensibly strident anti-positivism. It is argued that despite this, Loughlin's work can be reconciled with a normative account of legal positivism, based on the work of Jeremy Waldron. The article maintains that Loughlin's account of public law as political jurisprudence is methodologically compatible with, and potentially even substantively complementary to, normative legal positivism. It is ultimately suggested that this reconciliation provides a methodology (...) for public law scholarship which is both positivist and political, and which may offer insight into the subject beyond that which either approach might generate alone. (shrink)

Doug Walton, who died in January 2020, was a prolific author whose work in informal logic and argumentation had a profound influence on Artificial Intelligence, including Artificial Intelligence and Law. He was also very interested in interdisciplinary work, and a frequent and generous collaborator. In this paper seven leading researchers in AI and Law, all past programme chairs of the International Conference on AI and Law who have worked with him, describe his influence on their work.

The remarkable successes of the physical sciences have been built on highly general quantitative laws, which serve as the basis for understanding an enormous variety of specific physical systems. How far is it possible to construct universal principles in the cognitive sciences, in terms of which specific aspects of perception, memory, or decision making might be modelled? Following Shepard (e.g.,1987), it is argued that some universal principles may be attainable in cognitive science. Here, 2 examples are proposed: the simplicity principle (...) (which states that the cognitive system prefers patterns that provide simpler explanations of available data); and the scale‐invariance principle, which states that many cognitive phenomena are independent of the scale of relevant underlying physical variables, such as time, space, luminance, or sound pressure. This article illustrates how principles may be combined to explain specific cognitive processes by using these principles to derive SIMPLE, a formal model of memory for serial order (Brown, Neath, & Chater, 2007), and briefly mentions some extensions to models of identification and categorization. This article also considers the scope and limitations of universal laws in cognitive science. (shrink)

The last two decades have seen Marxism's academic renascence. In fields as diverse as law, literary criticism, history, and philosophy, Marxism once again captivates no small number of scholars. In part, this reassessment is driven by the efforts of a group of philosophers and economists to reconstruct Marx from the ground up on a more rigorous basis. The work of these "Analytical Marxists" -- who include G.A. Cohen, Jon Elster, and John Roemer -- is given a sustained examination and critique (...) in David Gordon's Resurrecting Marx. The charge of the Analytical Marxists that capitalism is inherently exploitative and unjust is the primary subject of Gordon's book. Gordon takes issue with that contention; he argues that the Analytical Marxists' withering criticism of classical Marxism is essentially correct, but that they fail to replace it with a superior theoretical edifice. Gordon also analyzes the Analytical Marxists' reformulation of the Marxian notion of exploitation, the implications of their rejection of the labor theory of value, their differences over what rights people have, and their arguments for the compatibility of markets with socialism. (shrink)

In this article, I examine the legal position of those who perform caregiving work within the context of a cohabiting relationship through a novel relational vulnerability lens. I argue that the state, through privatising and devaluing caregiving labour, situates carers within an unequal and imbalanced relational framework, exposing them economic, emotional, and spatial harms. Unlike universal vulnerability, which is inherent and unavoidable, relational vulnerability can be avoided and reduced if the state were to acknowledge that humans are embodied and relational (...) rather than self-sufficient and rational. Law’s treatment of cohabiting carers reflects the state’s broader tendency to value economic self-sufficiency, while confining caregiving to the private family. I argue that the state has a duty to respond directly to relational vulnerability and should aim to make cohabiting carers resilient. Resilience must involve the provision of material resources but should also have a normative commitment to achieving autonomy and equality for those marginalised by law and state policies. (shrink)

The classical field theories that underlie the quantum treatments of the electromagnetic, weak, and strong forces share a peculiar feature: specifying the initial state of the field determines the evolution of some degrees of freedom of the theory while leaving the evolution of some others wholly arbitrary. This strongly suggests that some of the variables of the standard state space lack physical content-intuitively, the space of states of such a theory is of higher dimension than the corresponding space of genuine (...) physical possibilities. The structure of such theories can helpfully be characterized in terms of the action of symmetry groups on their space of states; and the conceptual problems surrounding their strange behavior can be sharpened in light of the observation that it is usually possible to eliminate the redundant variables associated with these symmetries-which turn out to be precisely those variables whose evolution is unconstrained by the dynamical laws of the theory. This paper discusses this approach, uses it to frame questions about the interpretation of classical gauge theories, and to reflect (pessimistically) on our prospects of reaching satisfactory answers to these questions. (shrink)

The “privacy paradox” refers to the discrepancy between the concern individuals express for their privacy and the apparently low value they actually assign to it when they readily trade personal information for low-value goods online. In this paper, I argue that the privacy paradox masks a more important paradox: the self-management model of privacy embedded in notice-and-consent pages on websites and other, analogous practices can be readily shown to underprotect privacy, even in the economic terms favored by its advocates. The (...) real question, then, is why privacy self-management occupies such a prominent position in privacy law and regulation. Borrowing from Foucault’s late writings, I argue that this failure to protect privacy is also a success in ethical subject formation, as it actively pushes privacy norms and practices in a neoliberal direction. In other words, privacy self-management isn’t about protecting people’s privacy; it’s about inculcating the idea that privacy is an individual, commodified good that can be traded for other market goods. Along the way, the self-management regime forces privacy into the market, obstructs the functioning of other, more social, understandings of privacy, and occludes the various ways that individuals attempt to resist adopting the market-based view of themselves and their privacy. Throughout, I use the analytics practices of Facebook and social networking sites as a sustained case study of the point. (shrink)

This article holds that governmental investments in quantum technologies speak to the imaginable futures of digital sovereignty and digital infrastructures, two major areas of change driven by related technologies like AI and Big Data, among other things, in international law today. Under intense development today for future interpolation into digital systems that they may alter, quantum technologies occupy a sort of liminal position, rooted in existing assemblages of computational technologies while pointing to new horizons for them. The possibilities they raise (...) are neither certain nor determinate, but active investments in them (legal, political and material investments) offer perspective on digital technology-driven influences on an international legal imagination. In contributing to visions of the future that are guiding ambitions for digital sovereignty and digital infrastructures, quantum technologies condition digital technology-driven changes to international law and legal imagination in the present. Privileging observation and description, I adapt and utilize a diffractive method with the aim to discern what emerges out of the interference among the several related things assembled for this article, including material technologies and legal institutions. In conclusion, I observe ambivalent changes to an international legal imagination, changes which promise transformation but appear nonetheless to reproduce current distributions of power and resources. (shrink)

As a central part of the regulation of contemporary economies, intellectual property (IP) is central to all aspects of our lives. It matters for the works we create, the brands we identify and the medicines we consume. But if IP is power, what kind of power is it, and what does it do? Building on the work of Michel Foucault, Gordon Hull examines different ways of understanding power in copyright, trademark and patent policy: as law, as promotion of public (...) welfare, and as promotion of neoliberal privatization. He argues that intellectual property policy is moving toward neoliberalism, even as that move is broadly contested in everything from resistance movements to Supreme Court decisions. This work should be read by anyone interested in understanding why the struggle to conceptualize IP matters. (shrink)

In this book, James Gordon Finlayson examines the Habermas-Rawls debate in context and considers its wider implications. He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and (...) the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter. (shrink)

Shareholders of corporations have their liability for actions of the corporation limited by law. Unlike the equity holder in a partnership or proprietorship, the assets that a shareholder has distinct from her holdings in the enterprise can not be taken to satisfy liabilities arising from actions of the enterprise itself. This paper argues that a reasonable principle of fairness argues for an alternative to limited liability, proportional liability. Proportional liability makes a shareholder liable for the same proportion of a corporation''s (...) excess of liabilities over assets that her number of shares bears to the total number of shares outstanding. The key idea is that it is unfair in situations in which explicit agreements can not be reached for shareholders to bear only limited risk when they may receive gains from stock dividends and appreciation that are not limited to any pre-determined amount. Proportional liability has not been much examined in the financial literature. Good utilitarian arguments have been given for limited liability over unlimited liability for corporate shareholders, but these arguments do not clearly support the choice of limited liability over proportional liability. (shrink)

The present volume, _Smart Technologies and Fundamental Rights_, contains fourteen outstanding and challenging articles concerning fundamental rights and Artificial Intelligence at the intersection of law, ethics and smart technologies.

The philosophy of Hans Jonas was widely influential in the late twentieth century, warning of the potential dangers of technological progress and its negative effect on humanity and nature. Jonas advocated greater moral responsibility and taking this as a starting point, leading international scholars and experts on his work suggest original and promising solutions to current ethical issues within the context of his philosophy. The book considers the vital intersection between law and global ethics and covers issues related to technology (...) and ethics, medical ethics, religion and environmental ethics. (shrink)

Trade and immigration are generally described as separate dimensions of globalization. This Article challenges that story by focusing on settings where states and private actors are bringing the two together to achieve disparate economic and policy goals. In one of the two sets of cases analyzed here, governments in the Global South are seeking to increase trade through the use of migrant labor, attracting transnational firms to export manufacturing zones by importing lower-cost workers from other countries. In the other, policymakers (...) in the Global North are seeking to decrease immigration through the use of trade by investing in export processing zones in migrant origin countries, on the theory that more trade, and the employment it creates, will deter onward migration to the Global North. I use these contexts as the starting point for a reconsideration of core ideas in trade and migration policy and theory. In the first set of cases, governments are constructing a comparative advantage in labor from whole cloth, by bringing in workers from other countries on terms that restrict their freedom and subject them to exploitation at work. This challenges the usual description in the trade literature of labor cost as a natural phenomenon based on local wage and productivity levels, and thus a legitimate source of advantage in trade. Meanwhile, transnational firms that locate production in such export processing zones sidestep the ordinary choice between benefiting from global wage differentials by moving work overseas or by hiring migrant workers. Instead, they do both simultaneously, a strategy I term “double labor arbitrage.” I explore the ways in which the construction of comparative advantage and double labor arbitrage operate together to extract additional value from workers for the benefit of states and corporations. With regard to the second set of cases, I draw on recent empirical economic scholarship to challenge the argument that more trade will decrease emigration. More profoundly, I question the normative justification for these proposals, given the treatment of workers in the zones. Although proposed as a “solution” to immigration, I argue that they are much more likely to deepen the problems that drive it. Immigration and trade law do not bar any of the developments I analyze here. The question is whether they should. This Article—the first step in a larger project—launches that inquiry. (shrink)

Analytical commentary -- Fruits upon one tree -- The continuation of the early draft into philosophy of mathematics -- Hidden isomorphism -- A common methodology -- The flatness of philosophical grammar -- Following a rule 185-242 -- Introduction to the exegesis -- Rules and grammar -- The tractatus and rules of logical syntax -- From logical syntax to philosophical grammar -- Rules and rule-formulations -- Philosophy and grammar -- The scope of grammar -- Some morals -- Exegesis 185-8 -- Accord (...) with a rule -- Initial compass bearings -- Accord and the harmony between language and reality -- Rules of inference and logical machinery -- Formulations and explanations of rules by examples -- Interpretations, fitting and grammar -- Further misunderstandings -- Exegesis 189-202 -- Following rules, mastery of techniques and practices -- Following a rule -- Practices and techniques -- Doing the right thing and doing the same thing -- Privacy and the community view -- On not digging below bedrock -- Private linguists and private linguists : Robinson Crusoe sails again -- Is a language necessarily shared with a community of speakers? -- Innate knowledge of a language -- Robinson Crusoe sails again -- Solitary cavemen and monolinguists -- Private languages and private languages -- Exegesis 203-37 -- Agreement in definitions, judgements, and form of life -- The scaffolding of facts -- The role of our nature -- Forms of life -- Agreement : consensus of human beings and their actions -- Exegesis 238-42 -- Grammar and necessity -- Setting the stage -- Leitmotifs -- External guidelines -- Necessary propositions and norms of representation -- Concerning the truth and falsehood of necessary propositions -- What necessary truths are about illusions of correspondence : ideal objects, kinds of reality, and ultra-physics -- The psychology of the A priori -- Knowledge -- Belief -- Certainty -- Surprise -- Discoveries and conjectures -- Compulsion -- Propositions of logic and laws of thought -- Alternative forms of representation -- The arbitrariness of grammar -- A kinship to the non-arbitrary -- Proof in mathematics -- Conventionalism. (shrink)

Kenneth Silver criticizes our use of the Capital Asset Pricing Model to determine the return on investment that is deserved by shareholders, and suggests shareholder primacy follows from the principal/agent model, rather than a concern for risk. We argue that Silver has misunderstood CAPM and our use of it, and that, under current law, more is required from articles of incorporation or corporate bylaws for the principal/agent model to apply to corporations.

In the Second Analogy, Kant argues that we must presuppose, a priori, that each event is determined to occur by some preceding event in accordance with a causal law. Although there have been numerous interpretations of this argument, we have not been able to show that it is valid. In this paper, I develop my own interpretation of this argument. I borrow an insight offered by Robert Paul Wolff. In Kant's argument, our need to presuppose that the causal determination of (...) each event rests not upon our need to impose a 'necessary' and 'irreversible' temporal order upon representations of the states of an object, as Kant is usually interpreted, but upon our need to generate a comprehensive representation that includes a certain a priori conception of events in the world around us. Although the argument I attribute to Kant is valid, it cannot compel the Humean skeptic to accept the necessity of presupposing the causal determination of each event: Kant has not successfully responded to Hume in the Second Analogy. (shrink)

This paper discusses some of the current literature around the precautionary principle in environmental philosophy and law with reference to the possibility of transgenic food in Uganda (GMO bananas specifically). My suggestion is that the distinction between formal and substantive versions of a principle, familiar from legal theory, can be useful in imposing some conceptual clarity on aspects of debates concerning the precautionary principle. In particular, most of the negative critical response to the principle has been to formal versions of (...) it, and follows a pattern not unfamiliar from discussions of how to get from rules to outcomes. For its part, the less-discussed substantive account admits of at least two very different emphases. The first, which I call “Heideggerian,” exhibits a deep distrust of technology. The second, “autonomist,” is less concerned with the fact of technology than with the question of who controls it. As with any exercise of analytic taxonomy, this one will fail to adequately treat many of the objects it studies. However, I hope to illuminate what I take to be serious philosophical differences within the precautionary camp, and to highlight some of the questions they suggest in terms of the differences in political philosophy that might underlie and support them. (shrink)

This paper analyzes "ticking time bomb" scenarios in the discursive legitimation of torture and other coercive interrogation techniques. Judith Butler proposes a Foucauldian framework to suggest that Adminstration policies can be read as the irruption of sovereignty within governmentality. Rereading Foucault, I suggest that the policies could equally be understood as an exercise of governmentality, i.e., the subordination of juridical law to economy. I then propose as a reconciliation of these readings that time bomb scenarios serve rhetorically to make the (...) exercise of arbitrary power Butler identifies appear as an exercise of governmentality; sanitized of complications, coercive interrogation appears efficient. (shrink)

In the recent book The Geometry of Desert, Shelly Kagan explores, with a rare degree of precision, how best to cash out two fundamental and widely shared intuitions. The first intuition says that virtuous people deserve to be doing well, and that less virtuous people deserve to be doing less well – and thus, that it’s good if virtuous people are doing well and if less virtuous people are doing less well. The second intuition says that the distribution of the (...) satisfaction of people’s desert claims across persons matters: that it’s good if people’s desert claims are satisfied in accordance with the demands of interpersonal fairness. The former intuition states the basis of what Kagan calls ‘absolute desert’. The latter articulates the basis of what he calls ‘comparative desert’. I advance an internal critique of Kagan’s conception of comparative desert; I argue that it contravenes the demands of interpersonal fairness in the domain of desert, and so fails on its own terms. (shrink)