The relation between method, concept and theory in science is complicated. I seek to shed light on that relation by considering an instance of it in systematics: The additional challenges phylogeneticists face when reconstructing phylogeny not at a single level, but simultaneously at multiple levels of the hierarchy. How does this complicate the task of phylogenetic inference, and how might it inform and shape the conceptual foundations of phylogenetics? This offers a lens through which the interplay of method, theory and (...) concepts may be understood in systematics, which, in turn, provides data for a more general account. (shrink)

Philosophers have long been interested in a series of interrelated questions about natural kinds. What are they? What role do they play in science and metaphysics? How do they contribute to our epistemic projects? What categories count as natural kinds? And so on. Owing, perhaps, to different starting points and emphases, we now have at hand a variety of conceptions of natural kinds—some apparently better suited than others to accommodate a particular sort of inquiry. Even if coherent, this situation isn’t (...) ideal. My goal in this article is to begin to articulate a more general account of ‘natural kind phenomena’. While I do not claim that this account should satisfy everyone—it is built around a certain conception of the epistemic role of kinds and has an obvious pragmatic flavour—I believe that it has the resources to go further than extant alternatives, in particular the homeostatic property cluster view of kinds. (shrink)

This paper seeks to clarify and defend the proposition that moral realism is best elaborated as a moral doctrine. I begin by upholding Ronald Dworkin’s anti-Archimedean critique of the error theory against some strictures by Michael Smith, and I then briefly suggest how a proponent of moral realism as a moral doctrine would respond to Smith’s defense of the Archimedeanism of expressivism. Thereafter, this paper moves to its chief endeavor. By differentiating clearly between expressivism and quasi-realism, the paper highlights both (...) their distinctness and their compatibility. In so doing, it underscores the affinities between Blackburnian quasi-realism and moral realism as a moral doctrine. Finally, this paper contends—in line with my earlier work on these matters—that moral realism as a moral doctrine points to the need for some reorienting of meta-ethical enquiries rather than for the abandoning of them. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are (...) consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. (shrink)

Talk of different types of cells is commonplace in the biological sciences. We know a great deal, for example, about human muscle cells by studying the same type of cells in mice. Information about cell type is apparently largely projectible across species boundaries. But what defines cell type? Do cells come pre-packaged into different natural kinds? Philosophical attention to these questions has been extremely limited [see e.g., Wilson (Species: New Interdisciplinary Essays, pp 187–207, 1999; Genes and the Agents of Life, (...) 2005; Wilson et al. Philos Top 35(1/2):189–215, 2007)]. On the face of it, the problems we face in individuating cellular kinds resemble those biologists and philosophers of biology encountered in thinking about species: there are apparently many different (and interconnected) bases on which we might legitimately classify cells. We could, for example, focus on their developmental history (a sort of analogue to a species’ evolutionary history); or we might divide on the basis of certain structural features, functional role, location within larger systems, and so on. In this paper, I sketch an approach to cellular kinds inspired by Boyd’s Homeostatic Property Cluster Theory, applying some lessons from this application back to general questions about the nature of natural kinds. (shrink)

Different chemical species are often cited as paradigm examples of structurally delimited natural kinds. While classificatory monism may thus seem plausible for simple molecules, it looks less attractive for complex biological macromolecules. I focus on the case of proteins that are most plausibly individuated by their functions. Is there a single, objective count of proteins? I argue that the vagaries of function individuation infect protein classification. We should be pluralists about macromolecular classification.

I spell out and update the individuality thesis, that species are individuals, and not classes, sets, or kinds. I offer three complementary presentations of this thesis. First, as a way of resolving an inconsistent triad about natural kinds; second, as a phylogenetic systematics theoretical perspective; and, finally, as a novel recursive account of an evolved character. These approaches do different sorts of work, serving different interests. Presenting them together produces a taxonomy of the debates over the thesis, and isolates ways (...) it has been productive. This goes to the larger point of this paper: a defense of the individuality thesis in terms of its utility, and an update of it in light of recent theoretical developments and empirical work in biology. (shrink)

Emotion and affect play a central role in persuasion, decision-making, and human behavior. Because of ongoing environmental crises, there is a strong need to better understand how emotions shape selection, attention, processing, and effects of environmental communication. Here, I highlight three main areas that contain challenges and opportunities for building a synergistic relationship between the affective sciences and research on strategic environmental communication: (a) identifying the causal effects of emotions in environmental communication; (b) the role of emotions in the durability (...) of environmental messaging effects; and (c) how closing the gap between the laboratory and the field can generate innovative research and more applicable inferences. (shrink)

Good chefs know the importance of maintaining sharp knives in the kitchen. What’s their secret? A well-worn Taoist allegory offers some advice. The king asks about his butcher’s impressive knifework. “Ordinary butchers,” he replied “hack their way through the animal. Thus their knife always needs sharpening. My father taught me the Taoist way. I merely lay the knife by the natural openings and let it find its own way through. Thus it never needs sharpening” (Kahn 1995, vii; see also Watson (...) 2003, 46). Plato famously employed this image as an analogy for the reality of his Forms (Phaedrus, 265e). Just like an animal, the world comes pre-divided for us. Ideally, our best theories will be those which “carve nature at its joints”. While Plato employed the “carving” metaphor to convey his views about the reality of his celebrated Forms, its most common contemporary use involves the success of science -- particularly, its success in identifying distinct kinds of things. Scientists often report discovering new kinds of things -- a new species of mammal or novel kind of fundamental particle, for example -- or uncovering more information about already familiar kinds. Moreover, we often notice considerable overlap in different approaches to classification. As Ernst Mayr put it: No naturalist would question the reality of the species he may find in his garden, whether it is a catbird, chickadee, robin, or starling. And the same is true for trees or flowering plants. Species at a given locality are almost invariably separated from each other by a distinct gap. Nothing convinced me so fully of the reality of species as the observation . . . that the Stone Age natives in the mountains of New Guinea recognize as species exactly the same entities of nature as a western scientist. (Mayr 1987, 146) Such agreement is certainly suggestive. It suggests that taxonomies are discoveries rather than mere inventions. Couple this with their utility in scientific inference and explanation and we have compelling reason for accepting the objective, independent reality of many different natural kinds of things.. (shrink)

This essay argues against the commonly held view that "ought" implies "can" in the domain of morality. More specifically, I contest the notion that nobody should ever be held morally responsible for failing to avoid the infliction of any harm that he or she has not been able to avoid through all reasonably feasible precautions in the carrying out of some worthwhile activity. The article explicates the concept of a moral right in order to show why violations of moral rights (...) can occur even when no one has acted wrongfully in any fashion. In so doing, it will effectively be maintaining that strict liability (i.e., liability irrespective of the presence or absence of culpability) exists in morality as well as in law. When we take account of the distinction between exoneration and extenuation, we can see that scrupulously thorough precautions are never sufficient to constitute an excuse in morality. Having made that point with some extended examples, the article goes on to consider a number of possible objections - objections that lead into discussions of some basic distinctions within moral philosophy and some central principles within deontic logic. (shrink)

Biological lineages move through time, space, and each other. As they do, they diversify, diverge, and grade away from and into one another. One result of this is genealogical discordance; i.e., the lineages of a biological entity may have different histories. We see this on numerous levels, from microbial networks, to holobionts, to population-level lineages. This paper considers how genealogical discordance impacts our study of species. More specifically, I consider this in the context of three framing questions: (1) How, if (...) at all, does genealogical discordance challenge, modify, or revise how we conceive of species? (2) How has growing appreciation of genealogical discordance impacted scientific practice? Of systematics in particular? (3) How do lineages at different levels diverge and diversify? All told, genealogical discordance enriches and complicates our taxonomic ontology, as well as the practice of reconstructing phylogenies. This presents both challenges and opportunities for the study of divergence and diversification. (shrink)

Type specimens are used to designate species. What is the nature of the relation between a type specimen and the species it designates? If species names are rigid designators, and type specimens ostensively define species, then that relation is, at the very least, a close one. Levine :325–338, 2001) argues that the relationship of type specimen to a named species is one of necessity—and that this presents problems for the individuality thesis. Namely, it seems odd that a contingently selected specimen (...) should belong to a species of necessity. In considering Levine’s argument, LaPorte suggests that recognizing the distinction between de re and de dicto necessity resolves Levine’s worries. I reconsider the motivating question: does a type specimen belong of necessity to the species that it designates? In light of taxonomic cases and practice the answer is clear: definitively not. This is particularly clear in the case of re-designation of types by taxonomic decree. I explain how this helps reveal how taxonomists prioritize competing theoretical commitments, and offer a defense of the individuality thesis as applied to these particular cases. In short, I demonstrate how to misidentify a type specimen. (shrink)

Some astronomers believe that we have discovered that Pluto is not a planet. I contest this assessment. Recent discoveries of trans-Neptunian Pluto-sized objects do not require that we exclude Pluto from the planets. But the obvious alternative, that classificatory revision is a matter of arbitrary choice, is also unpalatable. I argue that this classificatory controversy — which I compare to the controversy about the classification of the platypus — illustrates how our classificatory practices are laden with normative commitments of a (...) distinctive kind. I argue that the “norm-ladenness” of classification has philosophically significant ramifications for how we think about scientific disputes and debates in the metaphysics of classification such as the monism/pluralism debate. (shrink)

The world contains many different types of ecosystems. This is something of a commonplace in biology and conservation science. But there has been little attention to the question of whether such ecosystem types enjoy a degree of objectivity—whether they might be natural kinds. I argue that traditional accounts of natural kinds that emphasize nomic or causal–mechanistic dimensions of “kindhood” are ill-equipped to accommodate presumptive ecosystemic kinds. In particular, unlike many other kinds, ecosystemic kinds are “anchored” to the contingent character of (...) species and higher taxa and their abiotic environments. Drawing on Slater (Br J Philos Sci 66(2):375–411, 2015a), I show how we can nevertheless make room for such contingent anchoring in an account of natural kinds of ecosystems kinds. (shrink)

In Legality Scott Shapiro seeks to provide the motivation for the development of his own elaborate account of law by undertaking a critique of H.L.A. Hart's jurisprudential theory. Hart maintained that every legal system is underlain by a rule of recognition through which officials of the system identify the norms that belong to the system as laws. Shapiro argues that Hart's remarks on the rule of recognition are confused and that his model of lawis consequently untenable. Shapiro contends that a (...) new approach is vital for progress in the philosophy of law and, with his lengthy presentation of his own Planning Theory of Law, he aspires to pioneer just such an approach. Except for a very terse observation in the final main section, this article does not directly assess the strengths and shortcomings of Shapiro's piquant planning theory. Instead, I defend Hart against Shapiro's charges and thereby undermine the motivation for the development of the planning theory. (shrink)

A number of philosophers in recent years have maintained that H. L. A. Hart in The Concept of Law propounded an expressivist account of the semantics of the legal statements that are uttered from the internal viewpoint of the people who run the institutions of legal governance in any jurisdiction. Although the primary aim of this article is to attack the attribution of that semantic doctrine to Hart, the article will begin with some metaphysical matters—the matters of reductionism and naturalism—that (...) often lie behind the development of expressivist approaches to the semantics of normative discourse. After briefly exploring those metaphysical concerns (to which I will return later), the article will begin its main discussion by rehearsing the distinction between the semantics and the pragmatics of utterances. It will then delineate the doctrine of expressivism which the aforementioned philosophers have in mind when they ascribe that doctrine to Hart. Although I will make reference to a few such philosophers, I will focus chiefly on an article by Kevin Toh that has been the fountainhead of all the subsequent attributions of expressivism to Hart. As will be argued herein, Toh and like‐minded philosophers have gone astray in imputing to Hart a semantic version of expressivism. Notwithstanding that Hart’s theory of law can aptly be characterized as expressivist, that characterization is appropriate only when expressivism is understood as an account of the pragmatics of legal statements rather than as an account of their semantics. (shrink)

In this paper, I consider ways of responding to critiques of natural kinds monism recently suggested from the pluralist camp. Even if monism is determined to be untenable in certain domains (say, about species), it might well be tenable in others. Chemistry is suggested to be such a monist‐friendly domain. Suggestions of trouble for chemical kinds can be defused by attending to the difference between monism as a metaphysical thesis and as a claim about classification systems. Finally, I consider enantiomers (...) as a test case for the monism/pluralism debate. The question of whether enantiomers differ in kind does not appear easily answerable. I suggest that this legislates for pluralism in chemistry. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 4, Page 473-483, May 2022. In my recent book Freedom of Expression as Self-Restraint, I expound and defend the moral principle of freedom of expression. This article recounts a few of the main strands of the exposition in that book, and it touches upon the justification for the principle of freedom of expression. Supplementing the abstract ideas broached in the article are several illustrative examples that render the abstractions more accessible.

This paper first recapitulates the objections by H.L.A. Hart to the ways in which John Austin’s command model of law obfuscated the importance and the very existence of power-conferring laws. Although those objections are familiar in the world of contemporary legal philosophy, their insightfulness is highlighted here because they contrast so sharply with Hart’s own neglect of power-conferring laws at some key junctures in his theorizing. In the second half of this paper, I ponder a few of the junctures where (...) Hart failed to heed the admonitions which he had so deftly leveled against Austin. (shrink)

We often knowingly teach false science. Such a practice conflicts with a prima facie pedagogical value placed on teaching only what’s true. I argue that only a partial dissolution of the conflict is possible: the proper aim of instruction in science is not to provide an armory of facts about what things the world contains, how they interact, and so on, but rather to contribute to an understanding of how science as a human endeavor works and what sorts of facts (...) about the world science aims to provide. Such an aim legislates for an increased prominence of history and philosophy in even secondary science education. (shrink)

Consequentialist doctrines have often been criticized for their excessive demandingness, in that they require the thorough instrumentalization of each person’s life as a vehicle for the production of good consequences. In turn, the proponents of such doctrines have often objected to what they perceive as the irrationality of the demandingness of deontological duties. In this paper, I shall address objections of the latter kind in an effort to show that they are unfounded. My investigation of this matter will unfold by (...) reference to a scenario that strikingly and concretely exemplifies the demandingness of deontological duties. That scenario, which involves a situation of torture (specifically, placatory torture – in other words, torture undertaken for the purpose of appeasing people who have demanded that it be administered), will serve as a springboard for my endeavor to vindicate the rationality of deontological absolutes and will help to illuminate the endeavor’s practical implications. (shrink)

The aim of this article is to review and reconsider what scholars, including historians, archaeologists, and those in other disciplines, are trying to get at when they attempt a “social interpretation” of English late medieval domestic buildings. I focus on the definition and interpretation of “meaning,” and I examine critically a series of concepts routinely deployed in social interpretations in the past, including my own work, such as type, zeitgeist, and intention. I argue that some of these concepts and interpretive (...) moves are problematic and rather than aiding in our understanding, raise further questions in their turn about how buildings were lived in and understood by their medieval inhabitants. I argue for a shift in language and jargon away from “planning” and “meaning” to that of “lived experience”. I explore such a possible shift with reference to different understandings of and debates over the late medieval castle of Bodiam in southeastern England. Such a shift from meaning to lived experience raises fresh challenges for the development and empirical evaluation of interdisciplinary research on medieval buildings, but it also raises fresh possibilities and insights. (shrink)

Given its non-invasive nature, there is increasing interest in the use of transcutaneous vagus nerve stimulation across basic, translational and clinical research. Contemporaneously, tVNS can be achieved by stimulating either the auricular branch or the cervical bundle of the vagus nerve, referred to as transcutaneous auricular vagus nerve stimulation and transcutaneous cervical VNS, respectively. In order to advance the field in a systematic manner, studies using these technologies need to adequately report sufficient methodological detail to enable comparison of results between (...) studies, replication of studies, as well as enhancing study participant safety. We systematically reviewed the existing tVNS literature to evaluate current reporting practices. Based on this review, and consensus among participating authors, we propose a set of minimal reporting items to guide future tVNS studies. The suggested items address specific technical aspects of the device and stimulation parameters. We also cover general recommendations including inclusion and exclusion criteria for participants, outcome parameters and the detailed reporting of side effects. Furthermore, we review strategies used to identify the optimal stimulation parameters for a given research setting and summarize ongoing developments in animal research with potential implications for the application of tVNS in humans. Finally, we discuss the potential of tVNS in future research as well as the associated challenges across several disciplines in research and clinical practice. (shrink)

In my recent book Liberalism with Excellence, I have expounded at length a conception of warranted self-respect. That conception, which draws heavily though far from uncritically on the scattered passages about self-respect in the writings of John Rawls, is central to my defense of a variety of liberalism that combines and transfigures certain aspects of Rawlsianism and perfectionism. However, it is also central to the positions taken in some earlier books of mine on capital punishment and torture. Although my understanding (...) of warranted self-respect was presented far more briefly or obliquely in each of those earlier books than in Liberalism with Excellence, it in fact underlies both my limited defense of the death penalty and my absolutist insistence that the use of interrogational torture is never morally permissible. The present paper will recount the gist of my conception of warranted self-respect and will then explain how that conception figures pivotally in my ruminations on the diverse matters of political morality that have been mentioned here. (shrink)

The Direct Argument for the incompatibility of moral responsibility and determinism is designed to side-step complaints given by compatibilist critiques of the so-called Transfer Argument. I argue that while it represents an improvement over the Transfer Argument, it loses some of its plausibility when we reflect on some metalogical issues about normal modal modeling and the semantics of natural language. More specifically, the crucial principle on which the Direct Argument depends appears doubtful where context plays a role in evaluation of (...) normative claims. (shrink)

Given its non-invasive nature, there is increasing interest in the use of transcutaneous vagus nerve stimulation across basic, translational and clinical research. Contemporaneously, tVNS can be achieved by stimulating either the auricular branch or the cervical bundle of the vagus nerve, referred to as transcutaneous auricular vagus nerve stimulation and transcutaneous cervical VNS, respectively. In order to advance the field in a systematic manner, studies using these technologies need to adequately report sufficient methodological detail to enable comparison of results between (...) studies, replication of studies, as well as enhancing study participant safety. We systematically reviewed the existing tVNS literature to evaluate current reporting practices. Based on this review, and consensus among participating authors, we propose a set of minimal reporting items to guide future tVNS studies. The suggested items address specific technical aspects of the device and stimulation parameters. We also cover general recommendations including inclusion and exclusion criteria for participants, outcome parameters and the detailed reporting of side effects. Furthermore, we review strategies used to identify the optimal stimulation parameters for a given research setting and summarize ongoing developments in animal research with potential implications for the application of tVNS in humans. Finally, we discuss the potential of tVNS in future research as well as the associated challenges across several disciplines in research and clinical practice. (shrink)

During the past few decades, Michael Moore has written incisively on an array of matters concerning the relationships between law and morality. While reflecting on those relationships, he has plumbed the nature of morality itself in impressive depth. Among the topics which he has addressed, the problem of torture has been prominent and controversial. It is a problem, moreover, that has led to some of his most searching enquiries into the character of moral obligations. In the present essay I take (...) issue not only with many of Moore's conclusions about torture, but also with some of his more far‐reaching claims about the domain of morality. (shrink)

Joe Campbell has identified an apparent flaw in van Inwagen’s Consequence Argument. It apparently derives a metaphysically necessary conclusion from what Campbell argues is a contingent premise: that the past is in some sense necessary. I criticise Campbell’s examples attempting to show that this is not the case (in the requisite sense) and suggest some directions along which an incompatibilist could reconstruct her argument so as to remain immune to Campbell’s worries.

Of those who believe that biological species are real, the dominant metaphysics of species is that they are individuals. While the arguments for this view have been thoroughly criticized in the last quarter thirty years, comparatively less effort has been spent trying to show that the view is actually false. My primary concern in the present paper is to detail a metaphysical problem for the species-as-individuals thesis that should at least give potential adherents great pause. Second, I will sketch a (...) “deflationary” approach to the metaphysics of species which requires us to swallow fewer contentious philosophical claims and yet still accommodate the intuitions that species are real. (shrink)

Achille Varzi [2000] has suggested a nice response to the familiar argument purporting to establish the existence of perfectly coinciding objects – objects which, if they existed, would trouble mereological extensionality and the “Minimalist View” of ontology. The trick is to defend Minimalism without tarnishing its status as a meta-principle: that is, without making any firstorder ontological claims. Varzi’s response, though seeming to allow for a comfortable indifference about metaphysical matters peripheral to Minimalism, is not general enough to stave off (...) attacks on extensionality from more sophisticated corners. However, Varzi’s argument bears a kinship with a more general argument against coincident objects. I consider how such an argument sits with the meta-doctrinal status of Minimalism. (shrink)

Achille Varzi [2000] has suggested a nice response to the familiar argument purporting to establish the existence of perfectly coinciding objects ‐ objects which, if they existed, would trouble mereological extensionality and the “Minimalist View” of ontology. The trick is to defend Minimalism without tarnishing its status as a meta‐principle: that is, without making any first‐ order ontological claims. Varzi's response, though seeming to allow for a comfortable indifference about metaphysical matters peripheral to Minimalism, is not general enough to stave (...) off attacks on extensionality from more sophisticated corners. However, Varzi's argument bears a kinship with a more general argument against coincident objects. I consider how such an argument sits with the meta‐doctrinal status of Minimalism. (shrink)

1 Evidence-based policy requires researchers to provide the answers to ecological questions that are of interest to policy makers. To find out what those questions are in the UK, representatives from 28 organizations involved in policy, together with scientists from 10 academic institutions, were asked to generate a list of questions from their organizations. 2 During a 2-day workshop the initial list of 1003 questions generated from consulting at least 654 policy makers and academics was used as a basis for (...) generating a short list of 100 questions of significant policy relevance. Short-listing was decided on the basis of the preferences of the representatives from the policy-led organizations. 3 The areas covered included most major issues of environmental concern in the UK, including agriculture, marine fisheries, climate change, ecosystem function and land management. 4 The most striking outcome was the preference for general questions rather than narrow ones. The reason is that policy is driven by broad issues rather than specific ones. In contrast, scientists are frequently best equipped to answer specific questions. This means that it may be necessary to extract the underpinning specific question before researchers can proceed. 5 Synthesis and applications. Greater communication between policy makers and scientists is required in order to ensure that applied ecologists are dealing with issues in a way that can feed into policy. It is particularly important that applied ecologists emphasize the generic value of their work wherever possible. (shrink)

Public health agencies regularly survey randomly selected anonymous students to track drug use, sexual activities, and other risk behaviors. Students are unidentifiable, but a recent project that i...

Light adaptation is modulated almost exclusively by changes in intracellular Ca2+ concentration, and other Ca2+-independent mechanisms are likely to play only a minor role. Changes in Ca2+i may be not only necessary for light adaptation to take place but sufficient to cause it.

This study investigated an evolutionary-adaptive explanation for the cultural ubiquity of choreographed synchronous dance: that it evolved to increase interpersonal aesthetic appreciation and/or attractiveness. In turn, it is assumed that this may have facilitated social bonding and therefore procreation between individuals within larger groups. In this dual-dancer study, individuals performed fast or slow hip-hop choreography to fast-, medium-, or slow-tempo music; when paired laterally, this gave rise to split-screen video stimuli in which there were four basic categories of dancer and (...) music synchrony: synchronous dancers, synchronous music; synchronous dancers, asynchronous music; asynchronous dancers, one dancer synchronous with music; and asynchronous dancers, asynchronous music. Participants’ pupil dilations and aesthetic appreciation of the dancing were recorded for each video, with the expectation that these measures would covary with levels of synchronization. While results were largely consistent with the hypothesis, the findings also indicated that interpersonal aesthetic appreciation was driven by a hierarchy of synchrony between the dancers: stimuli in which only one dancer was synchronous with the music were rated lower than stimuli in which the dancers were asynchronous with each other and with the music; i.e., stimuli in which the dancers were unequal were judged less favorably than those in which the dancers were equal, albeit asynchronously. Stimuli in which all elements were synchronous, dancers and music, were rated highest and, in general, elicited greater pupil dilations. (shrink)

Each of these two volumes grew out of what was originially intended to be a single chapter in a larger study of seventeenth-century liberalism. Although there is a strong degree of stylistic and methodological continuity between the two, neither book presupposes any familiarity with the other. I will therefore consider them separately.

A teacher of analytic metaphysics faces a bewildering array of textbook and anthology options. Which should one choose? Thisdepends, of course, on one’s course and goals as instructor. This comparative book review will survey several options—both longstanding and recent to press—from a pedagogical perspective. The options are not exclusive. Many are natural complements and would work nicely with other collections or single-author texts. I shall focus my attention here on six texts (in this order): two textbooks, one by Peter van (...) Inwagen and one by Michael Jubien, two anthologies of previously published papers (one edited by van Inwagen and Dean Zimmerman, another by Michael Loux), a collection of new paired “pro-and-con” essays assembled by Ted Sider, John Hawthorne, and Dean Zimmerman, and finally a hybrid text/anthology by Helen Beebee and Julian Dodd. (shrink)

© 2015, Springer-Verlag Berlin Heidelberg.Genetic studies have identified single nucleotide polymorphisms associated with the risk of prostate cancer. It remains unclear whether such genetic variants are associated with disease aggressiveness. The NCI-SPORE Genetics Working Group retrospectively collected clinicopathologic information and genotype data for 36 SNPs which at the time had been validated to be associated with PC risk from 25,674 cases with PC. Cases were grouped according to race, Gleason score and aggressiveness. Statistical analyses were used to compare the frequency (...) of the SNPs between different disease cohorts. After adjusting for multiple testing, only PC-risk SNP rs2735839 was significantly and inversely associated with aggressive and high-grade disease in European men. Similar associations with aggressive and high-grade disease were documented in African-American subjects. The G allele of rs2735839 was associated with disease aggressiveness even at low PSA levels in both European and African-American men. Our results provide further support that a PC-risk SNP rs2735839 near the KLK3 gene on chromosome 19q13 may be associated with aggressive and high-grade PC. Future prospectively designed, case-case GWAS are needed to identify additional SNPs associated with PC aggressiveness. (shrink)

The law within each legal system is a function of the practices of some social group. In short, law is a kind of socially grounded norm. H.L.A Hart famously developed this view in his book, The Concept of Law, by arguing that law derives from a social rule, the so-called “rule of recognition.” But the proposition that social facts play a foundational role in producing law is a point of consensus for all modern jurisprudents in the Anglo-American tradition: not just (...) Hart and his followers in the positivist school, most prominently Joseph Raz and Jules Coleman, but also the anti-positivist Ronald Dworkin, who argues that law necessarily synthesizes moral considerations with social facts. But which group’s practices ground each legal system? In particular, which group’s practices undergird U.S. law? Positivists since Hart have universally pointed to either officials or judges as the “recognitional community” (my term): the group such that its rules, conventions, cooperative activities, or practices in some other sense are the social facts from which the law of a given legal system derives. So Hart and all other positivists would identify either U.S. officials or U.S. judges as the recognitional community for U.S. law. This Article grapples with the tension between the positivist’s official- or judge-centered account of the recognitional community and the “popular constitutionalism” now so widely defended by constitutional scholars such as Larry Kramer, Robert Post, Reva Siegel, Mark Tushnet, Jeremy Waldron, and many others. Surely the popular constitutionalist would want to claim that U.S. citizens, not judges or officials, are the recognitional community for U.S. law. I term this position “deep popular constitutionalism.” Indeed, it turns out that Dworkin’s account of law, in its ambition to generate associative moral obligations for the citizenry as a whole, implies deep popular constitutionalism. Here there is a disagreement, hitherto unnoticed, between Dworkin and the positivists. My solution to this disagreement – to the debate between deep popular constitutionalists and deep official or judicial supremacists -- is to dissolve it by providing a group-relative account of law. Social norms, such as norms of dress or eating, are clearly group-relative. A particular dressing or eating behavior may be socially appropriate relative to one group’s norms, yet socially inappropriate relative to another’s. This Article extends the group-relative view from social norms to law itself, with a particular focus on U.S. law and constitutionalism. Part I surveys the jurisprudential literature. It shows how Hart and successor positivists identify the rule of recognition as a social practice engaged in by officials or some subset of officials (judges), rather than citizens generally, and argues that Dworkin by contrast sees the citizenry as a whole as his recognitional community. Parts II and III defend a group-relative account of law. Part II argues, with reference to the U.S. experience, that multiple groups can simultaneously instantiate the kind of social fact that undergirds law, be it a convention, a social norm, a “shared cooperative activity” (SCA), or something else. At many points in U.S. constitutional history, multiple official or citizen groups, defined along departmental, partisan, regional, state-federal, religious, or other lines, have accepted competing rules of recognition for U.S. law. Part III argues that “law” functions, primarily, as either an explanatory or a normative construct, and that insisting on a single recognitional community for each legal system would be arbitrary, both for explanatory purposes and for normative purposes. Part IV considers the many implications of the group-relative account for U.S. constitutional theory – in particular, for popular constitutionalism. (shrink)

This chapter is an essay in a volume that examines constitutional law in the United States through the lens of H.L.A. Hart's "rule of recognition" model of a legal system. My chapter focuses on a feature of constitutional practice that has been rarely examined: how jurists and scholars argue about interpretive methods. Although a vast body of scholarship provides arguments for or against various interpretive methods -- such as textualism, originalism, "living constitutionalism," structure-and-relationship reasoning, representation reinforcement, minimalism, and so forth (...) -- very little scholarship shifts to the meta-level and asks: What are the considerations that jurists and scholars bring to bear in arguing that one or another interpretive method is legally favored? And can we "make sense" of this body of argument? Is there a model of legal discourse that both accurately describes how U.S. jurists and scholars actually argue about interpretive methods, and that vindicates this discourse (in the sense of seeing these actors as making valid arguments)? I find that Hart's rule-of-recognition model fails to describe or vindicate how U.S. jurists and scholars argue about interpretive methods. The problem, in a nutshell, is that Hart sees legal argument as asserting or presupposing the social fact of contemporary official acceptance of a rule of recognition. By contrast, jurists and scholars typically point to social facts other than contemporary official acceptance in arguing for the legal status of an interpretive method -- for example, the fact that the method is supported by Framers' intent, or by U.S. culture and tradition, or by precedent. Further, jurists and scholars very often argue that some interpretive method is legally favored even though the method is controversial. On Hart's model, such a claim is problematic -- because, on his model, the content of the rule of recognition is not controversial, but rather a matter of consensus among officials. The upshot may just be that Hart's model is a failure. However, another possibility is to adopt an "error theory" of U.S. constitutional discourse. It may perhaps be the case that U.S. jurists and scholars often make claims for the favorable legal status of some interpretive method that are inconsistent with the best understanding of the nature of law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ius Gentium as Publicly Articulated Moral ScienceMatthew K. MinerdAmong the various types of law discussed in St. Thomas's theological "treatise on law"—questions 90–108 of Summa theologia [ST] I-II—the classification known as the "law of nations" (ius gentium) holds an ambiguous epistemological position. Marking a kind of halfway point between the natural law and civil law, it seems to straddle both domains. In fact, in a particularly important text dedicated (...) to this topic in the ST (I-II, q. 95, a. 4), Aquinas classes the ius gentium as being closely connected to the natural law, though in a way that is somewhat derivative, not as immediately flowing from human nature (especially in its animality) as does the natural law, but also not as marked by human contingency as is human civil law.As was recently discussed in a well-documented and insightful article by Barrett H. Turner in The Thomist, there have historically been two main lines of Thomist interpretation concerning the exact character of the "law of nations." Very broadly stated, what he refers to as the "Salamancan" line, indebted to Francisco de Vitoria, "interprets Thomas's doctrine of the ius gentium as a body of universal positive institutions (that is, specifications, determinationes) added to the natural law by agreement of the human race."1 [End Page 1043] This position, which would be common for several centuries among members of the Thomist school, would locate the law of nations essentially in the domain of nearly universally adopted customs and institutions, not strictly deduced from the natural law, but rather grounded on "the quasi-political authority of the entire human race, which promulgates the ius gentium by customs whose utility for attaining the ends of the natural law under a certain set of social conditions is easily recognized by rational creatures."2Turner calls the other line of thought "Maritain's Neo-Thomist Line,"3 an outlook that would be shared with various nuances by thinkers like Jean-Marie Aubert, Yves Simon, Marie-Michel Labourdette, John Finnis, and others. Setting aside my qualms about his appellation "neo-Thomist," which does more to obscure than to illumine (for it covers a host of Thomistic figures who have significantly different views on what constitutes "Thomism"), Turner does fairly lay out the major lines of Jacques Maritain's position, which is most directly articulated in Man and the State and La loi naturelle ou loi non-écrite.4 Basing himself on his particular view of knowledge of the natural law through connaturality,5 Maritain contrasted this sort of moral cognition with that which develops in the line of conceptual articulation, thus having a different "gnoseological" character from our knowledge of the natural law, while nonetheless still sharing the same "ontological" foundation. Such conceptually articulated law would be the ius gentium.Rather than add my voice to the dialectic of the various thinkers arrayed by Turner into the two aforementioned camps, I would like to propose a slightly different approach to the "moral epistemology of the law of nations," though one that I believe lies in line with the best aspects of Maritain's approach. Continuing a series of reflections that I have undertaken [End Page 1044] concerning moral epistemology during the past few years,6 I propose that it is most helpful to consider the "law of nations" as being a form of reasoning pertaining to what Scholastic vocabulary would refer to as "moral science,"7 namely discursive philosophical reasoning concerning the essences, properties, effects, and various other essential relationships that belong to a human acts, morally considered (the principal subject of moral philosophy), along with other subjects that are studied in relation to this principal subject (e.g., the principles of human acts, most particularly, the structure of human acts and the moral virtues). Moral science is the activity of reasoning that can be undertaken by knowing agents living together in community, seeking to discursively articulate and explain the moral truth that forms the essential basis for the contingent determinations that will then be codified in particular civil laws, the latter of which are not concerned with questions like "what are the ultimate foundations for property... (shrink)

In his collection of essays, Law as a Leap of Faith, John Gardner lucidly develops a powerful account of legal positivism, primarily via a careful interrogation of H. L. A. Hart’s work, with a particular focus on Hart’s most important text, The Concept of Law. In this essay, I raise a question regarding the significance of legal subjects’ understanding of themselves as legal subjects. I claim that as Gardner fills out the picture of what it takes to have an ideal (...) legal system, we will find that there is no requirement that subjects have any understanding of themselves as legal subjects, much less an understanding either of what the law requires of them or of the legal status with respect to officials that the law gives them. In particular, I argue that Gardner’s account of the law is too focused on the perspective of officials, and leaves out the perspective of legal subjects. This manifests what I call a unidirectional legal optic: the view of the law is the view from a single perspective, namely the perspective of the official. This is not an accurate picture of the law and so should not be presented as the paradigmatic account of law. (shrink)

Howard Robinson's Perception is now rightly regarded as essential reading for anyone seeking to understand the sense-datum theory of perception and its motivations. It should also be regarded as essential reading for those with a more general philosophical interest in perception and sensory consciousness. As well as discussing the history of the sense-datum theory, and the nature of sense-data and their relation to the physical world, Robinson offers critiques of physicalist theories of perception, intentional/representational theories, adverbial theories, and naive realist/disjunctivist (...) theories. Along the way he also discusses Wittgenstein's private language argument and the nature of secondary qualities. Over the course of the book we are presented with a sustained, and forthright, defence of a sense-datum theory in its traditional form. The arguments are clear, briskly delivered, and challenging. Here I highlight two key elements in Robinson's case for a sense-datum theory, which I think pose an especially serious challenge for his opponents. These are his articulation and defence of the ‘phenomenal principle’ and his ‘revised’ causal argument for sense-data. (shrink)

John Rawls’s political liberalism and its ideal of public reason are tremendously influential in contemporary political philosophy and in constitutional law as well. Many, perhaps even most, liberals are Rawlsians of one stripe or another. This is problematic, because most liberals also support the redefinition of civil marriage to include same-sex unions, and as I show, Rawls’s political liberalism actually prohibits same- sex marriage. Recently in Perry v. Schwarzenegger, however, California’s northern federal district court reinterpreted the traditional rational basis review (...) in terms of liberal neutrality akin to Rawls’s “public reason,” and overturned Proposition 8 and established same-sex marriage. (This reinterpretation was amplified in the 9th Circuit Court’s decision upholding the district court on appeal in Perry v. Brown.) But on its own grounds Perry should have drawn the opposite conclusion. This is because all the available arguments for recognizing same-sex unions as civil marriages stem from controversial comprehensive doctrines about the good, and this violates the ideal of public reason; yet there remains a publicly reasonable argument for traditional marriage, which I sketch here. In the course of my argument I develop Rawls’s politically liberal account of the family by drawing upon work by J. David Velleman and H. L. A. Hart, and discuss the implications of this account for political theory and constitutional law. (shrink)