This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...) compatible? Even if efficiency is otherwise reasonable as a normative goal in corporate and commercial law, does the complexity of efficiency make it practical to administer in adjudication? What is the best way of pursuing efficiency in corporate and commercial law? The volume reflects the most exciting work being done in contemporary legal theory. It will be of interest to professionals and students in law and philosophy of law. (shrink)

Steven French and Decio Krause examine the metaphysical foundations of quantum physics. They draw together historical, logical, and philosophical perspectives on the fundamental nature of quantum particles and offer new insights on a range of important issues. Focusing on the concepts of identity and individuality, the authors explore two alternative metaphysical views; according to one, quantum particles are no different from books, tables, and people in this respect; according to the other, they most certainly are. Each view comes with (...) certain costs attached and after describing their origins in the history of quantum theory, the authors carefully consider whether these costs are worth bearing. Recent contributions to these discussions are analyzed in detail and the authors present their own original perspective on the issues. The final chapter suggests how this perspective can be taken forward in the context of quantum field theory. (shrink)

It has been suggested that quantum particles are genuinelyvague objects (Lowe 1994a). The present work explores thissuggestion in terms of the various metaphysical packages that areavailable for describing such particles. The formal frameworksunderpinning such packages are outlined and issues of identityand reference are considered from this overall perspective. Indoing so we hope to illuminate the diverse ways in whichvagueness can arise in the quantum context.

Lowe has recently argued that quantum particles offer examples of vague objects. While accepting the premise of the argument that such particles can be regarded as individuals, we point out that there is a lacuna here, to be filled by a detailed analysis of the nature of the entangled states which they enter into. We then elaborate the alternative view, according to which such particles should be regarded as non- individuals' and situate it in the context of recent developments of (...) a logic of non- individuality. Our conclusion is that it is here that one encounters genuine ontic vagueness. (shrink)

Quasi-set theory has been proposed as a means of handling collections of indiscernible objects. Although the most direct application of the theory is quantum physics, it can be seen per se as a non-classical logic (a non-reflexive logic). In this paper we revise and correct some aspects of quasi-set theory as presented in [12], so as to avoid some misunderstandings and possible misinterpretations about the results achieved by the theory. Some further ideas with regard to quantum field theory are also (...) advanced in this paper. (shrink)

Is there vagueness in the world? This is the central question that we are concerned with. Focusing on identity statements around which much of the recent debate has centred, we argue that `vague identity' arises in quantum mechanics in one of two ways. First, quantum particles may be described as individuals, with `entangled' states understood in terms of non-supervenient relations. In this case, the vagueness is ontic but exists at the level of these relations which act as a kind of (...) `veil'. Secondly, the particles can be regarded as non-individuals, where this is understood as a lack of self-identity and given formal expression in terms of quasi-set theory. Here we have ontic vagueness at perhaps the most basic metaphysical level. Our conclusion is that there is genuine vagueness `in the world' but how it is understood depends on the metaphysical package adopted. (shrink)

The physics and metaphysics of identity and individuality Content Type Journal Article DOI 10.1007/s11016-010-9463-7 Authors Don Howard, Department of Philosophy and Graduate Program in History and Philosophy of Science, University of Notre Dame, Notre Dame, IN 46556, USA Bas C. van Fraassen, Philosophy Department, San Francisco State University, 1600 Holloway Avenue, San Francisco, CA 94132, USA Otávio Bueno, Department of Philosophy, University of Miami, Coral Gables, FL 33124, USA Elena Castellani, Department of Philosophy, University of Florence, Via Bolognese 52, 50139 (...) Florence, Italy Laura Crosilla, Department of Pure Mathematics, School of Mathematics, University of Leeds, Leeds, LS2 9JT UK Steven French, Department of Philosophy, University of Leeds, Leeds, UK Décio Krause, Department of Philosophy, Federal University of Santa Catarina, 88040-900 Campus Trindade, Florianópolis, SC Brazil Journal Metascience Online ISSN 1467-9981 Print ISSN 0815-0796. (shrink)

David Bohm's interpretation of quantum mechanics yields a quantum potential, Q. In his early work, the effects of Q are understood in causal terms as acting through a real (quantum) field which pushes particles around. In his later work (with Basil Hiley), the causal understanding of Q appears to have been abandoned. The purpose of this paper is to understand how the use of certain metaphors leads Bohm away from a causal treatment of Q, and to evaluate the use of (...) those metaphors. (shrink)

Taking seriously the task of sustaining the democratic project requires debunking pessimism, thinking critically about what constitutes the distinctive character of democracy, and taking a future-oriented perspective on democratic transformations.

H. Post's conception of quantal particles as non-individuals is set in a formal logico-mathematical framework. By means of this approach certain metaphysical implications of quantum mechanics can be further explored.

This 1994 book constitutes a sustained, comprehensive, and rigorous critique of contemporary Hobbesian contractarianism as expounded in the work of Jean Hampton, Gregory Kavka, and David Gauthier. Professor Kraus argues that the attempts by these three philosophers to use Hobbes to answer current political and moral questions fail. The reasons why they fail are related to fundamental problems intrinsic to Hobbesian contractarianism: first, the problem of collective action arising out of the tension in Hobbes's theory between individual and collective (...) rationality; second, the classical problem of explaining the normative force of hypothetical action, a problem that can be traced to the conflicting strategies of hypothetical justification found in Rawls's and Hobbes's theories. Given the deep interest in Hobbesian contractarianism among philosophers, political theorists, game theorists in economics and political science, and legal theorists, this book is likely to attract wide attention and infuse life into the contractarian debate. (shrink)

The idea that legal theories seek not only to explain but to evaluate the moral justification of particular areas of law is quite familiar. Yet little attention has been paid to the minimal criteria of adequacy for justificatory legal theories. Whereas many theories claim to identify the moral grounds that justify a particular area of law, such as contracts or torts, none of them explains how its justification determines the outcomes of adjudication governed by the law in that area. In (...) this brief Essay for the William and Mary Law Review Symposium on Law and Morality, I argue that a particular area of law can be justified only by identifying moral reasons that fully determine the results of adjudication. No matter how compelling the moral reasons a legal theory identifies, and how tight the fit between those reasons and the structure and content of the legal rules governing a judicial decision, a legal theory fails to justify a particular area of law if the reasoning it identifies falls short of fully determining the results in the judicial decisions governed by that law. Though this bold claim may seem unrealistic, I argue that legal theories can satisfy this determinacy requirement by identifying determinate but inconclusive reasoning that explains outcomes in adjudication. While such reasoning may prove to be erroneous, that does not undermine its justificatory force. (shrink)

In his classic monograph, The Death of Contract, Grant Gilmore argued that Christopher Columbus Langdell, Oliver Wendell Holmes, and Samuel Williston trumped up the legal credentials for their classical bargain theory of contract law. Gilmore's analysis has been subjected to extensive criticism, but its specific, sustained, and fundamental charge that the bargain theory was based on a fraudulent misrepresentation of precedential authority has never been questioned. In this Essay, I argue that Gilmore's case against the classical theorists rests on the (...) suppressed premise that the precedential authority of cases resides in the express judicial reasoning used to decide them. In contrast, I argue that the classical theorists implicitly presuppose that the precedential authority of cases consists in the best theory that explains their outcomes, even if that theory is inconsistent with the case's express judicial reasoning. The classical view of precedential authority completely defuses Gilmore's charge of fraud. In Gilmore's view, merely demonstrating the inconsistency between the proposition for which the classical theorists cited a case and the express reasoning in that case suffices as proof of misrepresentation. But in the classical theorists' view, the express reasoning in a case is simply a theory of its precedential authority, which, like any theory, can be wrong. Thus, the classical theorists simply reject Gilmore's claim that a case cannot properly be cited for a proposition inconsistent with its express reasoning. The real dispute, then, between Gilmore and the classical theorists is over the nature of precedential authority and not the content of contract law. Having reframed the classic death-of-contract debate, I then trace these competing conceptions of precedential authority through the major schools of contemporary contract theory. I argue that a contract theory's embrace of one view instead of the other can be explained by the relative priority it accords to each of the two components in a conception of adjudicative legitimacy. A conception of adjudicative legitimacy consists in a theory of what it means for a decision to be based on law and a theory of what is required for law to be justified. I explain why theories according priority to the former tend to subscribe to the precedents-as-outcomes view, while theories according priority to the latter tend to favor the express reasoning view. The Essay concludes by arguing that the economic analysis of contract law subscribes to the precedents-as-outcomes view and therefore is the contemporary jurisprudential successor to the late nineteenth-century classical theorists. (shrink)

Explanatory economic analysis of the common law has long been subject to deep philosophical skepticism for two reasons. First, common law decisions appear to be cast in the language of deontic morality, not the consequentialist language of efficiency. For this reason, philosophers have claimed that explanatory economic analysis cannot satisfy the transparency criterion, which holds that a legal theory's explanation must provide a plausible account of the relationship between the reasoning it claims judges actually use to decide cases and the (...) express reasoning judges provide in their opinions. Philosophers have doubted that the economic analysis has a plausible account of why judges would use deontic moral terms to explain cases they decide using consequentialist economic reasoning, arguing instead that only a deontic moral account of judicial reasoning can be squared with the judicial use of deontic moral language. Second, the common law has a bilateral structure, in which a plaintiff's right to recover and a defendant's duty to compensate are treated as correlative. Philosophers have observed that this structure seems custom tailored to retrospective moral rights adjudication and ill suited to prospective efficient regulation. Recently, two philosophers, Jules L. Coleman and Stephen A. Smith, have developed these ideas into a full-scale assault on the explanatory credentials of the economic analysis. I defend the economic analysis by arguing that the bilateral structure of the common law either constitutes a "second best" approach to providing incentives for efficient behavior, as economic analysts have maintained, or that it is the vestigial remnant of the common law's originally deontic conception. I also claim that the economic analysis satisfies the transparency criterion by arguing that terms with a deontic plain meaning have acquired a consequentialist contextual meaning within the common law. Although this "contextualist convergence" thesis is counterintuitive, I build on Coleman's semantic theory to explain how it is possible. To demonstrate that it is plausible as well, I argue that evolutionary forces would have naturally led to this result over the course of the common law's development. In particular, I claim that the substantial indeterminacy of deontic moral theory, and the superior determinacy of the economic analysis, explains why judges would be intuitively attracted to reasoning that is best reconstructed in economic terms, notwithstanding the superior normative force of deontic moral theory. Thus, the core of my defense of explanatory economic analysis is that its critics overlook the central theoretical and practical role determinacy plays in explanation and justification generally, and in the explanation of judicial reasoning in particular, where determinacy is prized, if not above all else, no less than any other virtue. (shrink)

Sortal predicates have been associated with a counting process, which acts as a criterion of identity for the individuals they correctly apply to. We discuss in what sense certain types of predicates suggested by quantum physics deserve the title of 'sortal' as well, although they do not characterize either a process of counting or a criterion of identity for the entities that fall under them. We call such predicates 'quantum-sortal predicates' and, instead of a process of counting, to them is (...) associated a 'criterion of cardinality'. After their general characterization, it is discussed how these predicates can be formally described. (shrink)

Sortal predicates have been associated with a counting process, which acts as a criterion of identity for the individuals they correctly apply to. We discuss in what sense certain types of predicates suggested by quantum physics deserve the title of ‘sortal’ as well, although they do not characterize either a process of counting or a criterion of identity for the entities that fall under them. We call such predicates ‘quantum-sortal predicates’ and, instead of a process of counting, to them is (...) associated a ‘criterion of cardinality’. After their general characterization, it is discussed how these predicates can be formally described. (shrink)

The proliferation of digital data and internet-based research technologies is transforming the research landscape, and researchers and research ethics communities are struggling to respond to the ethical issues being raised. This paper discusses the findings from a collaborative project that explored emerging ethical issues associated with the expanding use of digital data for research. The project involved consulting with researchers from a broad range of disciplinary fields. These discussions identified five key sets of issues and informed the development of guidelines (...) orientated to meet the needs of researchers and ethics committee members. We argue that establishing common approaches to assessing ethical risks of research involving digital data will promote consistency in the ethical standards for research, enable the smooth functioning of ethics committees, and sustain public confidence in research. We conclude with recommendations for the development of educational resources for ethics committees, data management guidelines and further public education. (shrink)

The arts of rule cover the exercise of power by princes and popular sovereigns, but they range beyond the domain of government itself, extending to civil associations, political parties, and religious institutions. Making full use of political philosophy from a range of backgrounds, this festschrift for Harvey Mansfield recognizes that although the arts of rule are comprehensive, the best government is a limited one.

Review: French, Steven& Krause, Décio. Identity in Physics: a Historical, Philosophical, and Formal Analysis.

The view that quantum particles cannot be regarded as individuals was articulated in the early days of the 'quantum revolution' and became so well-entrenched that French and Krause called it 'the Received View'. However it was subsequently shown that quantum statistics is in fact compatible with a metaphysics of particle individuality, subject to certain caveats. As a consequent it has been claim that there exists a kind of underdetermination of the metaphysics by the physics which in turn has been used (...) to motivate a form of 'notice' structural realism. In this essay I will review this purported underdetermination and the motivation for structural realism that it purportedly provides in the context of recent developments in both the philosophy of physics and metaphysics. I aim to conclude that such developments reinforce the underdetermination and allow one to respond to certain critical concerns regarding its motivational power. (shrink)

Devising an appropriate formal framework for structural realism has long been an issue in the development of this position. Décio Krause has suggested that quasi-set theory might offer such a framework and here I explore that possibility in the context of so-called ‘moderate’ and ‘radical’ forms of Ontic Structural Realism (OSR). However, although the central claims of the former can indeed be captured by quasi-set theory, I argue that these claims cannot bear the metaphysical weight placed upon them and conclude (...) that the search for an appropriate formal framework for OSR remains open.Over the past 35 years or so, structural realism has become one of the dominant positions in the realism-antirealism debate. As is now well-known, it broadly divides into two versions: epistemic structural realism, which, also broadly, states that all that we can know, is structure (Worrall, 1989); and ontic structural realism (OSR), which insists that all that there is, is structure (Ladyman, 1998). One of the questions that is most often asked about this position (asked so often in fact that I’m not going to bother with any citations here!) is the following: What is this structure that we are supposed to be realists about? As I’ve pointed out in what might be seen as a companion piece to this paper, it is remarkable that critics of this view never seem to bother to ask the same question of their own, ‘object-oriented’ stance (French, forthcoming-a, hopefully). It is almost as if they think that the notion of ‘object’ is so metaphysically transparent that no such question needs to be asked of it (reader, it isn’t and it does!). In that other paper I adopted the ‘toolbox’ view of the relationship between science and metaphysics, according to which the latter can be thought of as providing various devices and frameworks with which the theories of the former can be furnished (see French & McKenzie, 2012). (shrink)

Steven French and Décio Krause have written what bids fair to be, for years to come, the definitive philosophical treatment of the problem of the individuality of elementary particles in quantum mechanics and quantum field theory. The book begins with a long and dense argument for the view that elementary particles are most helpfully regarded as non-individuals, and it concludes with an earnest attempt to develop a formal apparatus for describing such non-individual entities better suited to the task than (...) our customary set theory. Along the way one is treated to a compendious philosophical history of quantum statistics and a well-nigh exhaustive (I’m tempted to say, “exhausting”) analytical history of philosophical responses to the quantum theory’s prima facie challenge to classical notions of particle individuality. The book is also a salvo from the headquarters artillery company of the “pro” side in the contemporary structuralism wars, and an essay in metaphysical naturalism. Whew! There are too many places where the friendly critic wants to engage the argument, and few where the authors have not already anticipated such engagement. I take this as my excuse, then, for offering not any systematic response to the whole project, but just some questions and observations about several points that caught my attention. (shrink)

This illuminating book is a republican critique of the current system of global governance and its failure to address key global problems. With a republican account of international political theory which transcends prevailing forms of global governance, it develops republican forms of leadership and citizenship to inform the creation of a stronger system of formal international organisations. Republican Global Constitutionalism focuses on the current challenges facing formal international organisations such as the UN, the growing reliance on opaque informal international organisations (...) like the G20, and the inconsistent nature of transnational civil society. As a unique contribution to the field of global constitutionalism, the book provides an account of republican international political theory that emphasises the importance of extending the activity of citizens and constitutionalism beyond the state, in order to support the operation of transnational civil society and create a formal system of international organisations. Providing a concise intervention into the field of global governance, this book will appeal to scholars and students in the disciplines of international relations, political theory, transnational activism studies, international law, and public policy. It will also benefit policymakers and activists looking for alternative forms of global cooperation. (shrink)

How can we take history seriously as real and relevant? Despite the hazards of politically dangerous or misleading accounts of the past, we live our lives in a great network of cooperation with other actors; past, present, and future. We study and reflect on the past as a way of exercising a responsibility for shared action. In each of the chapters of Full History Smith poses a key question about history as a concern for conscious participants in the sharing of (...) action, starting with “What Is Historical Meaningfulness?” and ending with “How Can History Have an Aim?” Constructing new models of historical meaning while engaging critically with perspectives offered by Ranke, Dilthey, Rickert, Heidegger, Eliade, Sartre, Foucault, and Arendt, Smith develops a philosophical account of thinking about history that moves beyond postmodernist skepticism. Full History seeks to expand the cast of significant actors, establishing an inclusive version of the historical that recognizes large-scale cumulative actions but also encourages critical revision and expansion of any paradigm of shared action. (shrink)

As the pre-eminent Enlightenment philosopher, Kant famously calls on all humans to make up their own minds, independently from the constraints imposed on them by others. Kant's focus, however, is on universal human reason, and he tells us little about what makes us individual persons. In this book, Katharina T. Kraus explores Kant's distinctive account of psychological personhood by unfolding how, according to Kant, we come to know ourselves as such persons. Drawing on Kant's Critical works and on his (...) Lectures and Reflections, Kraus develops the first textually comprehensive and systematically coherent account of our capacity for what Kant calls 'inner experience'. The novel view of self-knowledge and self-formation in Kant that she offers addresses present-day issues in philosophy of mind and will be relevant for contemporary philosophical debates. It will be of interest to scholars of the history of philosophy, as well as of philosophy of mind and psychology. (shrink)

Many philosophers argue that is morally objectionable in principle to punish people in order to deter others from committing crimes. Such punishment is said to treat the offender simply as a means to benefit others. This Kantian argument rests on a certain reading of the Formula of Humanity. However, the central concept in that formula is not ‘treating a person simply as a means’, but rather ‘treating a person as an end’. This conclusion speaks against the moral principle that Victor (...) Tadros uses to support his non-consequentialist theory of punishment. Furthermore, a plausible way of interpreting the injunction to treat people as ends—Rawls’ original position—does not rule out seeking deterrence. Therefore, Kantianism and consequentialism do not differ in a fundamental way on the permissibility of deterrence. But Rawls’ Kantianism sets an implausible ceiling on the severity of punishments, and consequentialism does not. (shrink)