Community custom has played a limited but important role in the law of property. In addition to a few major historic examples such as mining camp rules and whaling, property law sometimes relies on community custom, for example in adverse possession, nuisance law, and beach access. This Article proposes an informational theory of custom in property law. Custom is subject to a communicative tradeoff in the law: all else being equal, informationally demanding customs require an audience with a high degree (...) of common knowledge. General customs already known throughout society do not require much extra publicity from the law, and the law can easily draw on such customs. By contrast, customs that vary by community raise the question of the need for processing by non-expert audiences, i.e., outgroup dutyholders and government officials. This tradeoff helps explain the differential receptiveness to various customs and the process by which they are formalized if they are adopted into the law. The information-cost theory suggests that enthusiasts and skeptics of custom have both tended to ignore this process. The theory is then applied to some suggestive evidence from grazing customs and the pedis possessio doctrine in mining law, under which miners have pre-discovery rights to the spot being worked. Finally, the information-cost theory of custom sheds some light on the history and controversies over the numerus clausus and on the question of baselines of property entitlements in the law of takings. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kant's Critique of Berkeley HENRY E. ALLISON THE CLAIMTHAT KANT'S IDEALISM,or at least certain strands of it, is essentially identical to that of Berkeley has a long and distinguished history. It was first voiced by several of Kant's contemporaries such as Mendelssohn, Herder, Hamann, Pistorius and Eberhard who attacked the alleged subjectivism of the Critique of Pure Reason. 1 This viewpoint found its sharpest contemporary expression in the (...) notorious Garve-Feder review to which Kant responded at length in the Prolegomena. In subsequent times it has been championed by Schopenhauer, and most nineteenth century German commentators on the relation between the two philosophers. 2 In addition, it has been, and continues to be, the prevailing view of the vast majority of British writers on Kant, including, with significant qualifications, Norman Kemp Smith. 3 This tradition continues despite the fact that Kant specifically, and in no uncertain terms, repudiated this identification in the Prolegomena and the second edition of the Critique. In both works he responds to the charges of subjectivism, and in so doing distinguishes his position from that of Berkeley, who in the eighteenth century was commonly regarded as a solipsist and denier of the "external world." 4 In contra-distinction to Kant's own critical or transcendental idealism, which explains the possibility of synthetic a priori knowledge within the realm of possible experience, Berkeley is characterized as a "dogmatic" or "visionary idealist." He is judged guilty of "degrading bodies to mere illusion" (B69), of regarding things in space as "merely imaginary entities" (B274), and of holding with all "genuine idealists" that: "all knowledge through the senses and experience is i Cf. Hans Vaihinger, Commentar zu Kant's Kritik der Reinen Vernunft (Stuttgart, Berlin, Leipzig, 1892), II, 494-505. Cf. Friederich Fredericks, Der Phainomenale Idealisraus Berkeley's und Kant's (Berlin, 1871); Robert Zimmerman, "Ober Kant's Widerlegung des Idealismus yon Berkeley" (Sitzungsberichte der Akademie der Wissenschaften, Vienna, Philox.-hist. Kl.), LXVIII (1871); Gustav Dieckert, tiber dos Verhiiltnis des Berkeleyschen ldealismus zu Kantischen Vernun]tkritik (Konitz, 1888). Tiffs is a consequence of the general British tendency to view Kant in phenomenalist terms. A typical recent example is found in P. F. Strawson, The Bounds of Sense (London, 1966). Kemp Smith in his Commentary to Kant's Critique o[ Pure Reason (2nd ed., rev., 1923) takes greaZ pains to distinguish between the subjectivist strand in Kant's thought, which is essentially identical to Berkeley's position, and the genuine critical doctrine which stands side by side with it in the text. 9 Cf. I-I.M. Bracken, The Early Reception of Berkeley's Materialism 1710-1733, rev. ed. (The Hague: Martinus Nijhoff, 1965). [43] 44 HISTORY OF PHILOSOPHY nothing but sheer illusion, and only in the ideas of pure understanding is there truth" (374). 5 One of the chief reasons for the continuation of the Kant-Berkeley tradition is that these, and similar statements about Berkeley, which we find in these works and in Kant's correspondenc e with Beck, have not been taken very seriously by Kant's critics. They are usually dismissed as obvious misinterpretations, due to Kant's ignorance of Berkeley's actual writings, and of his reliance upon distorted second and third hand accounts of Berkeley's thought such as is to be found in Beattie. Furthermore, this view is often supported by the philological reflection that Kant did not read English, and that Berkeley's writings were not yet available in German translation. 6 The philological argument, however, loses much of its force when we consider that there was indeed a German translation of Berkeley's Dialogues, which although apparently unknown to nineteenth century scholars, was readily accessible to Kant. This is to be found, together with a translation of Collier's Clavis Universalis and critical analyses, in a work by the professor of philosophy at Rostock, Johann Christian Eschenbach, entitled: Samlung der vornehmsten Schri[tsteller die die tFirklichkeit ihres eignen K~rpers und der ganzen Ki~rperwelt leugnen (Rostock, 1756). Furthermore, in addition to this work, which was probably known to Kant, there is Berkeley's important Latin work, De Motu (1721), as well as French translations of many of... (shrink)

Wesley Hohfeld is known the world over as the legal theorist who famously developed a taxonomy of legal concepts. His contributions to legal thinking have stood the test of time, remaining relevant nearly a century after they were first published. Yet, little systematic attention has been devoted to exploring the full significance of his work. Beginning with a lucid, annotated version of Hohfeld's most important article, this volume is the first to offer a comprehensive look at the scope, significance, reach, (...) intricacies, and shortcomings of Hohfeld's work. Featuring insights from leading legal thinkers, the book also contains many of Hohfeld's previously unseen personal papers, shedding new light on the complex motivations behind Hohfeld's projects. Together, these selected papers and original essays reveal a portrait of a multifaceted and ambitious intellectual who did not live long enough to see the impact of his ideas on the study of law. (shrink)

The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

I defend indirect perceptual realism against two recent and related charges to it offered by A. D. Smith and P. Snowdon, both stemming from demonstrative reference involving indirect perception. The needed aspects of the theory of demonstratives are not terribly new, but their connection to these objections has not been discussed. The groundwork for my solution emerges from considering normal cases of indirect perception (e.g., seeing something depicted on a television) and examining the role this indirectness plays in demonstrative (...) assertions. I argue that indirectness routinely if not typically plays a justificatory role in such judgements, and not a semantic one, and that the same can be said of such judgements when considered within the indirect realist framework. The denial of this, on my analysis, is essential to the criticisms of Snowdon and Smith. The discussion is extended to include scenarios involving the sorts of misconceptions Smith employs. (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature.

Henry E. Allison presents an analytical and historical commentary on Kant`s transcendental deduction of the pure concepts of the understanding in the Critique of Pure Reason. He argues that, rather than providing a new solution to an old problem, it addresses a new problem, and he traces the line of thought that led Kant to the recognition of the significance of this problem in his 'pre-critical' period. In addition to the developmental nature of the account of Kant`s views presented (...) here, two distinctive features of Allison's reading of the deduction are a defense of Kant`s oft criticized claim that the conformity of appearances to the categories must be unconditionally rather than merely conditionally necessary and an insistence that the argument cannot be separated from Kant`s transcendental idealism. (shrink)

In his new book the eminent Kant scholar Henry Allison provides an innovative and comprehensive interpretation of Kant's concept of freedom. The author analyzes the concept and discusses the role it plays in Kant's moral philosophy and psychology. He also considers in full detail the critical literature on the subject from Kant's own time to the present day. In the first part Professor Allison argues that at the centre of the Critique of Pure Reason there is the foundation for (...) a coherent general theory of rational agency. The second part employs this account of rational agency as a key to understanding Kant's concept of moral agency and associated moral psychology. The third part focuses on Kant's attempt to ground both moral law and freedom in the Groundwork and the Critique of Practical Reason. This is a major contribution to the interpretation of Kant which will be of special interest to scholars and graduate students of Kant's moral theory. (shrink)

Some decades ago in his intriguing book on Jonathan Edwards, Perry Miller used to great effect the device of supposing a two-fold biography of Edwards, an external one consisting of the historical record embracing the major events of his life and times, and an internal one aimed at an interpretation of the mind of Edwards and the development of his thought.

There is an undercurrent to be detected in Anselm's record of the meditative experience that issued in the Ontological Argument and, although it points to a profound and perennial problem in the interpretation of religion, this undercurrent has been largely ignored. The Argument, as is well known, moves entirely within the medium of reflective meaning focused on the idea of God and, unlike the cosmological arguments of later theologians, it makes no appeal whatever to a principle of causality or to (...) the discovery of a sufficient reason for finite existence. Anselm seems to have had his own sense of what one may call the unadulterated rationalism of the Argument when, in his own words, he wondered, ‘if perhaps it might be possible to find one single argument that for its proof required no other save itself, and that by itself would suffice to prove that God really exists’. Here we are entirely within that inner chamber of the mind so dear to the Augustinian tradition, a mind from which one is to exclude all thought save that of God. The task of the one who reflects is to penetrate the inner meaning of this thought in order to discover what it implies beyond what is evident on the surface. With such an eminently rational or logical aim occupying the centre of attention, it is quite understandable that the presence of another, and quite opposed, concern should have been overlooked - Anselm's concern, namely, to transcend, as it were, the medium of thought itself, and enter into the presence of God. The reason that this concern introduces a tension in the search for a proof is that the realization of presence would seem to render proof superfluous, while the inference in an argument - especially one moving towards existence – inevitably suggests, in some sense and to some degree, the absence of what is sought for. (shrink)

This volume presents seventeen essays by one of the world's leading scholars on Kant. Henry E. Allison explores the nature of transcendental idealism, freedom of the will, and the concept of the purposiveness of nature. He places Kant's views in their historical context and explores their contemporary relevance to present day philosophers.

Henry E. Allison presents a comprehensive commentary on Kant's Groundwork for the Metaphysics of Morals . Allison pays special attention to the structure of the work and its historical and intellectual context. He argues that, despite its relative brevity, the Groundwork is the single most important work in modern moral philosophy.

Henry Allison is one of the foremost interpreters of the philosophy of Kant. This new volume collects all his recent essays on Kant's theoretical and practical philosophy. All the essays postdate Allison's two major books on Kant, and together they constitute an attempt to respond to critics and to clarify, develop and apply some of the central theses of those books. Two are published here for the first time. Special features of the collection are: a detailed defence of the (...) author's interpretation of transcendental idealism; a consideration of the Transcendental Deduction and some other recent interpretations thereof; further elaborations of the tensions between various aspects of Kant's conception of freedom and of the complex role of this conception within Kant's moral philosophy. (shrink)

The system presented by the author in The Logical Foundations of Statistical Inference suffered from certain technical difficulties, and from a major practical difficulty; it was hard to be sure, in discussing examples and applications, when you had got hold of the right reference class. The present paper, concerned mainly with the characterization of randomness, resolves the technical difficulties and provides a well structured framework for the choice of a reference class. The definition of randomness that leads to this framework (...) is simplified and clarified in a number of respects. It resolves certain puzzles raised by S. Spielman and W. Harper in their contributions to Profiles: Henry E. Kyburg, Jr. and Isaac Levi 1982). (shrink)

So considered, Hume is viewed as a naturalist, whose project in the first three parts of the first book of the Treatise is to provide an account of the ...

In this article I argue that evolutionary psychological strategies for making inferences about present-day human psychology are methodologically unsound. Evolutionary psychology is committed to the view that the mind has an architecture that has been conserved since the Pleistocene, and that our psychology can be fruitfully understood in terms of the original, fitness-enhancing functions of these conserved psychological mechanisms. But for evolutionary psychological explanations to succeed, practitioners must be able to show that contemporary cognitive mechanisms correspond to those that were (...) selected for in the environment of evolutionary adaptedness, that these present-day cognitive mechanisms are descended from the corresponding ancestral mechanisms, and that they have retained the functions of the ancestral mechanisms from which they are descended. I refer to the problem of demonstrating that these conditions obtain as “the matching problem,” argue that evolutionary psychology does not have the resources to address it, and conclude that evolutionary psychology, as it is currently understood, is therefore impossible. (shrink)

This landmark book is now reissued in a new edition that has been vastly rewritten and updated to respond to recent Kantian literature. It includes a new discussion of the Third Analogy, a greatly expanded discussion of Kant’s _Paralogisms, _and entirely new chapters dealing with Kant’s theory of reason, his treatment of theology, and the important Appendix to the Dialectic. _Praise for the earlier edition: _ “Probably the most comprehensive and substantial study of the Critique of Pure Reason written by (...) any American philosopher.... This is a splendid book.”—Lewis White Beck “This masterful study... will most certainly join the canon of required reading for future interpreters of Kant’s theoretical philosophy. Superbly organized and lucidly written.”—Garrett Green, _Journal of Religion_. (shrink)

This paper addresses the question of what organisms are and therefore what kinds of biological entities qualify as organisms. For some time now, the concept of organismality has been eclipsed by the notion of individuality. Biological individuals are those systems that are units of selection. I develop a conception of organismality that does not rely on evolutionary considerations, but instead draws on development and ecology. On this account, organismality and individuality can come apart. Organisms, in my view, are as Godfrey- (...) class='Hi'>Smith puts it “essentially persisters.” I argue that persistence is underpinned by differentiation, integration, development, and the constitutive embeddedness of organisms in their worlds. I examine two marginal cases, the Portuguese Man O’ War and the honey bee colony, and show that both count as organisms in light of my analysis. Next, I examine the case of holobionts, hosts plus their microsymbionts, and argue that they can be counted as organisms even though they may not be biological individuals. Finally, I consider the question of whether other, less tightly integrated biological systems might also be treated as organisms. (shrink)

First, a comment on a pessimistic note: Salmon says we can't be sure there is any such thing as inductive inference: in demanding that some explanations have the form of correct inductive inferences, “we may be laying down a requirement which cannot be fulfilled.” To doubt that we can fulfill that requirement is to doubt that we can formalize inductive logic. It may be true, but why begin the fight by throwing in the sponge? It is also true that there (...) are difficulties involved in formalizing acceptance rules for inductive conclusions, but these difficulties may be overcome. It is false to claim that we ‘cannot claim to know exactly’ what these acceptance rules are. Only two years ago I did just that. It was true that my claim was shown to be erroneous a year later, but that fate can befall almost any worthwhile claim. (shrink)