1 The Roots of the Laws Perhaps the most ready assumption of any reader of the Laws-it only because of its title-is that its primary purpose is to provide a ...

Recent developments in cosmology indicate that every history having a non-zero probability is realized in infinitely many distinct regions of spacetime. Thus, it appears that the universe contains infinitely many civilizations exactly like our own, as well as infinitely many civilizations that differ from our own in any way permitted by physical laws. We explore the implications of this conclusion for ethical theory and for the doomsday argument. In the infinite universe, we find that the doomsday argument applies only to (...) effects which change the average lifetime of all civilizations, and not those which affect our civilization alone. 1. Introduction2. Physics background2.1The number of possible histories is finite2.2The universe is infinite2.3Every possible history occurs an infinite number of times3. Frequency and probability4. Inflation contrasted4.1Modal realism4.2Actualism4.3Eternal recurrence5. Ethical implications6. Universal doomsday6.1Application to our civilization in particular6.2Universal vs. particular dooms6.3Practical applications7. Concluding remarks. (shrink)

This collection brings together prominent thinkers from numerous disciplines to address the legacy of Gillian Rose for political theology today. Rose’s work is notorious for its eclectic range, difficult style, and iconoclastic defiance of the conventions of postmodern critical theory. The theologians, religious scholars, ethicists, and theorists in this collection discuss Rose’s relationship to such topics as the Frankfurt School, social theory, feminism, literature, law, Hegel, Kant, and psychoanalysis. They situate her work within the wider context of political theology, as (...) it is understood in religious studies and continental philosophy. Though attentive to the theoretical issues raised by Rose’s work, these essays are also engage the role that work may play in political action today, examining issues such as refugee immigration in Europe, the rise of nationalism, and anticapitalist political organizing. The collection is a vital contribution to the rising body of literature on Rose and her importance to political philosophy, ethics, and theology, but it will also serve as an important orienting guide for readers new to Rose’s work and its demanding style. (shrink)

This paper introduces a framework for thinking about ontological questions—in particular, the Special Composition Question—and shows how the framework might help support something like an account of restricted composition. The framework takes the form of an account of natural objects, in analogy with David Lewis’s account of natural properties. Objects, like properties, come in various metaphysical grades, from the fundamental, fully objective, perfectly natural objects to the nomologically otiose, maximally gerrymandered, perfectly non-natural objects. The perfectly natural objects, I argue, are (...) the mereological simples, and (roughly) a collection composes an object of degree-n naturalness if and only if its members are arranged F-wise, for some property F that appears in the degree-n natural laws. Arbitrary composites turn out to be perfectly non-natural objects and are metaphysical bystanders. Ordinary composite objects fall in between. Some—e.g., atoms—are very (though not perfectly) natural; others—e.g., tables—are highly non-natural. (shrink)

My purpose is to consider if, in political society, there can be any legitimate and sure principle of government, taking men as they are and laws as they might be. —Jean‐Jacques Rousseau, The Social Contract Following Rousseau's opening thought in The Social Contract…, I shall assume that his phrase “men as they are” refers to persons' moral and psychological natures and how that nature works within the framework of political and social institutions. —John Rawls, The Law of peoples.

Food charity in the United States has grown into a critical appendage of agro-food supply chains. In 2016, 4.5 billion pounds of food waste was diverted through a network of 200 regional food banks, a fivefold increase in just 20 years. Recent global trade disruptions and the COVID-19 pandemic have further reinforced this trend. Economic geographers studying charitable food networks argue that its infrastructure and moral substructure serve to revalue food waste and surplus labor in the capitalist food system. The (...) political–legal framework undergirding this revaluation process however is still poorly understood. Drawing on a 6-year institutional ethnography of the food banking economy in West Virginia, this paper takes a supply-side approach to examine the material and moral values driving the expansion of food waste recovery as hunger relief. Empirically, it focuses on the laws, contracts and fiscal incentives regulating charitable food procurement at the U.S. Department of Agriculture and Feeding America. The assemblage of government agencies, private businesses and non-profit organizations enrolled into this gift economy at different scales I argue, serves to enclose food waste into a public–private governance structure that regulates food surpluses and ensures these will not disrupt the scarcity logics driving profitability along primary food circuits. (shrink)

A conventional wisdom about the progress of physics holds that successive theories wholly encompass the domains of their predecessors through a process that is often called reduction. While certain influential accounts of inter-theory reduction in physics take reduction to require a single "global" derivation of one theory's laws from those of another, I show that global reductions are not available in all cases where the conventional wisdom requires reduction to hold. However, I argue that a weaker "local" form of reduction, (...) which defines reduction between theories in terms of a more fundamental notion of reduction between models of a single fixed system, is available in such cases and moreover suffices to uphold the conventional wisdom. To illustrate the sort of fixed-system, inter-model reduction that grounds inter-theoretic reduction on this picture, I specialize to a particular class of cases in which both models are dynamical systems. I show that reduction in these cases is underwritten by a mathematical relationship that follows the broad prescriptions of Nagel/Schaffner reduction, and support this claim with several examples. Moreover, I show that this broadly Nagelian analysis of inter-model reduction encompasses several cases that are sometimes cited as instances of the "physicist's" limit-based notion of reduction. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

Heinrich Hertz dedicated the last four years of his life to a systematic reformulation of mechanics. One of the main issues that troubled Hertz in the customary formulation of mechanics was a "logical obscurity" in the notion of force. However, it is unclear what this logical obscurity was, hence it is unclear how Hertz took himself to have avoided it. -/- In this paper, I argue that a subtle ambiguity in Newton's original laws of motion lay at the basis of (...) Hertz's concerns; an ambiguity which led to the development of two slightly different notions of force. I then show how Hertz avoided this ambiguity by deriving a unitary notion of force, thus dispelling the obscurity that lurked in the customary representation of mechanics. (shrink)

Shepard has argued that a universal law should govern generalization across different domains of perception and cognition, as well as across organisms from different species or even different planets. Starting with some basic assumptions about natural kinds, he derived an exponential decay function as the form of the universal generalization gradient, which accords strikingly well with a wide range of empirical data. However, his original formulation applied only to the ideal case of generalization from a single encountered stimulus to a (...) single novel stimulus, and for stimuli that can be represented as points in a continuous metric psychological space. Here we recast Shepard's theory in a more general Bayesian framework and show how this naturally extends his approach to the more realistic situation of generalizing from multiple consequential stimuli with arbitrary representational structure. Our framework also subsumes a version of Tversky's set-theoretic model of similarity, which is conventionally thought of as the primary alternative to Shepard's continuous metric space model of similarity and generalization. This unification allows us not only to draw deep parallels between the set-theoretic and spatial approaches, but also to significantly advance the explanatory power of set-theoretic models. Key Words: additive clustering; Bayesian inference; categorization; concept learning; contrast model; features; generalization; psychological space; similarity. (shrink)

Minority rights law has been an important axis for the evolution of international law itself. While much has been written about minority rights regimes in Europe, there is very little information available with regards to Asian experiences. Countries in Asia, with their diverse populations, are struggling with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore by examining the theory (...) and practice of minority rights law in these vastly different settings. (shrink)

In this paper I argue that although the Republic’s tripartite theory of the soul is not explicitly endorsed in Plato’s late work the Laws, it continues to inform the Laws from beneath the surface of the text. In particular, I argue that the spirited part of the soul continues to play a major role in moral education and development in the Laws (as it did in earlier texts, where it is characterized as reason’s psychic ‘ally’). I examine the programs of (...) musical and gymnastic education in the Laws and highlight parallels to the accounts of the spirited part of the soul and its role in moral education and virtue that are offered in Republic and Timaeus. I also examine the educational role given to the laws themselves in Magnesia, and I suggest that the education provided through them is largely directed at the spirited part of the soul as well. (shrink)

Many philosophers who do not analyze laws of nature as the axioms and theorems of the best deductive systems nevertheless believe that membership in those systems is evidence for being a law. This raises the question, “If the best systems analysis fails, what explains the fact that being a member of the best systems is evidence for being a law?” In this essay I answer this question on behalf of Leibniz. I argue that although Leibniz’s philosophy of laws is inconsistent (...) with the best systems analysis, his philosophy of nature’s perfection enables him to explain why membership in the best systems is evidence for being a law of nature. (shrink)

Are properties perfectly natural (or not) relative to worlds, or are they perfectly natural (or not) tout court? That is, could there be a property P that is instanti-ated at worlds w1 and w2, and is perfectly natural at w1 but not at w2? Here, we offer an original argument for the non-world-relativity of perfect naturalness. Along the way, we reply to a prima facie compelling argument for the contin-gency of perfect naturalness, based upon the connection between natural prop-erties and (...) laws of nature. (shrink)

Quantitative health risk assessment is a procedure for estimating the likelihood that exposure to environmental contaminants will produce certain adverse health effects, most commonly cancer. One instance of its use has been a California air toxics public “right-to-know” law. This article examines the ways in which credible health risk measurements were produced and challenged during the implementation of the California public policy. Fieldwork and documentary analysis finds that stakeholders negotiated within the formal constraints of the risk assessment procedures but still (...) expressed their competing visions for the implementation of the risk communication policy. The abstract results of the method were contextualized according to different time frames and allocations of uncertainty. Furthermore, the article demonstrates that the political process privileged consistency of measurement over accuracy, revealing political negotiations at a fundamentally technical level. The struggle and variation in interpretations can be explained best by the demand to organize the program around the discordant values of democratic accountability and technical efficiency. (shrink)

In this article, I identify some good-making features of a deliberative democratic theory. The article will proceed as follows: First, I present both some important insights and some shortcomings of Rawls’ theory. I then present Robert Talisse’s account, focusing on how Talisse both accommodates what is right about Rawls while avoiding some of Rawls’ weaknesses. Finally, some positive claims are made about what an adequate deliberative theory might look like.

The main message of Neuroethics is that neuroscience forces us to reconceptualize human agency as marvelously diverse and flexible. Free will can arise from unconscious brain processes. Individuals with mental disorders, including addiction and psychopathy, exhibit more agency than is often recognized. Brain interventions should be embraced with cautious optimism. Our moral intuitions, which arise from entangled reason and emotion, can generally be trusted. Nevertheless, we can and should safely enhance our brain chemistry, partly because motivated reasoning crops up in (...) everyday life and in the practice of neuroscience itself. Despite serious limitations, brain science can be useful in the courtroom and marketplace. Recognizing all this nuance leaves little room for anxious alarmism or overhype and urges an emphasis on neurodiversity. The result is a highly opinionated tour of neuroethics as an exciting field full of implications for philosophy, science, medicine, law, and public policy. (shrink)

I highlight that the aim of using statistical mechanics to underpin irreversible processes is, strictly speaking, ambiguous. Traditionally, however, the task of underpinning irreversible processes has been thought to be synonymous with underpinning the Second Law of thermodynamics. I claim that contributors to the foundational discussion are best interpreted as aiming to provide a microphysical justification of the Minus First Law, despite the ways their aims are often stated. I suggest that contributors should aim at accounting for both the Minus (...) First Law and Second Law. (shrink)

In our society, some aspects of life are off-limits to commerce. We prohibit the selling of children and the buying of wives, juries, and kidneys. Tainted blood is an inevitable consequence of paying blood donors; even sophisticated laboratory tests cannot supplant the gift-giving relationship as a safeguard of the purity of blood. Like blood, health care is too precious, intimate, and corruptible to entrust to the market.The hospice movement in the United States is approximately 40 years old. During these past (...) four decades, the concept of holistic, multidisciplinary care for patients who are suffering from a terminal illness has evolved from a modest, grassroots constellation of primarily volunteer-run and community-governed endeavors to a multimillion dollar industry where the surviving nonprofits compete with for-profit providers, often publicly traded, managed by M.B.A.-trained executives, and governed by corporate boards. The relatively recent emergence of for-profit hospice reflects an increasing commercialization of health care in the United States, the potentially adverse impact of which has been well documented. (shrink)

Financial ties between physicians and pharmaceutical companies are pervasive and controversial. However, little is known about how patients perceive such ties. This paper describes an experiment examining how a national sample of U.S. adults perceived a variety of financial relationships between physicians and drug companies. Each respondent read a single scenario about a hypothetical physician and his financial ties to the pharmaceutical industry; scenarios varied in terms of payment type of and amount. Respondents then evaluated the physician on several dimensions (...) . Findings revealed that perceptions of the physician were more strongly influenced by payment type than by payment amount. Specifically, respondents were quite critical of doctors who owned drug company stock or received industry payments for meals and lodging, but were more forgiving of physicians who received free drug samples or consulting fees . Interestingly, physicians who received no payments, while seen as honest, were also viewed by some respondents as inexperienced or uninformed about new treatments. Implications for public policy and future research are discussed. (shrink)

This article critically questions the commercialization of hospice care and the ethical concerns associated with the industry's movement toward “market-driven medicine” at the end of life. For example, the article examines issues raised by an influx of for-profit hospice providers whose business model appears at its core to have an ethical conflict of interest between shareholders doing well and terminal patients dying well. Yet, empirical data analyzing the experience of patients across the hospice industry are limited, and general claims that (...) end-of-life patient care is inferior among for-profit providers or even that their business practices are somehow unseemly when compared to nonprofit providers cannot be substantiated. In fact, non-profit providers are not immune to potentially conflicting concerns regarding financial viability (i.e., “no margin, no mission”). Given the limitations of existing empirical data and contrasting ideological commitments of for-profit versus non-profit providers, the questions raised by this article highlight important areas for reflection and further study. Policymakers and regulators are cautioned to keep ethical concerns in the fore as an increasingly commercialized hospice industry continues to emerge as a dominant component of the U.S. health care system. Both practitioners and researchers are encouraged to expand their efforts to better understand how business practices and commercial interests may compromise the death process of the patient and patient's family — a process premised upon a philosophy and ethical tradition that earlier generations of hospice providers and proponents established as a trusted, end-of-life alternative. (shrink)

In classical Indian philosophy, justice, whether social/political or individual, involves a seeking, or promoting, of the Good; it involves flourishing, structure, harmony, and the establishment and enacting of roles. Still social/political justice and individual justice are not quite the same but are deeply intertwined. One cannot have one without the other – at least not easily. The primary focus, here, will be more toward the social/political side. This brief entry presents the basic idea of the concept of justice in classical (...) Indian philosophy. (shrink)

This article aims to provide an a priori argument—termed the Flourishment Argument, for the veracity of the Christian conception of the Abrahamic religion that centres on God’s action of sending a divine and atoning prophet into the world. This specific informal argument will be presented through the formulation of a set of a priori reasons for why God would seek to interact with the world—developed in light of the work of Richard Swinburne, John Finnis, Linda Zagzebski and Alexander Pruss—which, in (...) combination, will provide individuals with grounds for believing in the veracity of these important Christian teachings. (shrink)

Carl Schmitt (1888–1985), one of the leading conservative legal thinkers of the Weimar Republic and Nazi Germany, is best known today for his critique of liberalism. Between the late 1930s and mid-1950s, Schmitt wrote numerous articles and two books addressing the mythical and geopolitical significance of land and sea. In recent years, these texts have begun to attract attention from historians as well as theorists. This article reconstructs the origins of Schmitt's theories about land and sea, and shows how they (...) developed in the context of his efforts to delegitimize the British Empire and justify the persecution of Jews. It also explains how Schmitt selectively misread the history of maritime law in order to critique the ‘freedom of the seas.’ Finally, it reveals that the meaning Schmitt ascribed to ‘the opposition of the elements of land and sea’ changed dramatically to suit his political needs. For all their evocative qualities and insights, Schmitt's texts on land and sea do not constitute a coherent theory, but rather a shifting field of polemical positions in search of theoretical support. (shrink)

Over the years, companies have adopted hiring algorithms because they promise wider job candidate pools, lower recruitment costs and less human bias. Despite these promises, they also bring perils. Using them can inflict unintentional harms on individual human rights. These include the five human rights to work, equality and nondiscrimination, privacy, free expression and free association. Despite the human rights harms of hiring algorithms, the AI ethics literature has predominantly focused on abstract ethical principles. This is problematic for two reasons. (...) First, AI principles have been criticized for being vague and not actionable. Second, the use of vague ethical principles to discuss algorithmic risks does not provide any accountability. This lack of accountability creates an algorithmic accountability gap. Closing this gap is crucial because, without accountability, the use of hiring algorithms can lead to discrimination and unequal access to employment opportunities. This paper makes two contributions to the AI ethics literature. First, it frames the ethical risks of hiring algorithms using international human rights law as a universal standard for determining algorithmic accountability. Second, it evaluates four types of algorithmic impact assessments in terms of how effectively they address the five human rights of job applicants implicated in hiring algorithms. It determines which of the assessments can help companies audit their hiring algorithms and close the algorithmic accountability gap. (shrink)

Financial relationships and business transactions between physicians and the health care industry are common. These relationships take a variety of forms, including payments to physicians in exchange for consulting services, reimbursement of physician travel expenses when attending medical device and pharmaceutical educational conferences, physician ownership in life science company stocks, and the provision of free drug samples. Such practices are not intrinsic to medical practice, but as the Institute of Medicine described in its 2009 report, these relationships have the potential (...) to produce positive collaborations that improve patient care and public health, and most physicians view it as “ethically proper to accept items ranging from drug samples to a lucrative consultantship.”However, financial relationships between physicians and pharmaceutical, medical device and biotechnology companies can also create negative influences on physician judgment that compromise patient care and jeopardize the public’s trust. (shrink)

This article presents the views of four sets of authors, each taking concepts of embodied cognition into problem spaces where the new paradigm can be applied. The first considers consequences of embodied cognition on the legal system. The second explores how embodied cognition can change how we interpret and interact with art and literature. The third examines how we move through architectural spaces from an embodied cognition perspective. And the fourth addresses how music cognition is influenced by the approach. Each (...) contribution is brief. They are meant to suggest the potential reach of embodied cognition, increase the visibility of applications, and inspire potential avenues for research. (shrink)

In this paper I challenge the commonly held view that Plato acknowledges and accepts the possibility of akrasia in the Laws. I offer a new interpretation of the image of the divine puppet in Book 1 - the passage often read as an account of akratic action -- and I show that it is not intended as an illustration of akrasia at all. Rather, it provides the moral psychological background for the text by illustrating a broader notion of self-rule as (...) a virtuous condition of the soul (and lack of self-rule as a vicious condition). I examine key discussions in the Laws in order to show how Plato makes use of this broader notion of self-rule throughout the dialogue, and I argue that nothing Plato says in the Laws commits him to the possibility of akrasia. One significant consequence of my interpretation of the puppet passage is that it avoids the need to posit developmentalism in Plato's late views about the embodied human soul, as some recent commentators have done: the moral psychology of the Laws, on my reading, is not incompatible with the Republic's tripartite theory of the soul. (shrink)

It has become a popular view in jurisprudence that the law exists to guide us. I argue in this article that it is plausible to think that the law does not necessarily exist to guide us. I do this while accepting that the law is necessarily normative. The upshot of the argument is significant. Viewing an attempt to provide guidance as a necessary feature of the law gives rise to a distinctive mode of operating that some think has inherently valuable (...) qualities. We get to say, for example, that the rule of law provides some necessary constraints on how laws should be designed. These valuable aims and constraints become external aims and constraints once guidance is jettisoned from the concept of law. It would not, for example, be true just in virtue of the very nature of law that it should not be secret or oppress people into conformity. (shrink)

The concept of a ‘just weight and measure’ within the Bible is one that has insightful value for Christian ethics and economic transactions. Considering that in many situations law and judicial systems within Western society are not capable of completely constraining unethical economic transactions, what society requires are alternative motivations to enact ethical economic transactions. This article is focused on proposing a possible motivation for Christians considering the ever-growing complexities within the marketplace. It draws on insights on the concept of (...) a ‘just weight and measure’ in Deuteronomy and its conceptual use within the books of the eighth-century prophets. A primary insight that is highlighted is the relationship between the unethical economic transactions in eighth-century Israel and God's rejection of their cultic services. When applied analogically to contemporary contexts, lessons can be gleaned from the concept of a ‘just weight and measure’ for Christian ethical economic transactions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:When Our Fathers Fall:A Thomistic-Confudan Approach to Lay Moral Correction of ClergyJoshua R. BrownIn this article, I seek to draw upon the resources of Thomas Aquinas and early Confucian philosophy in order to answer the following question: what are the responsibilities of lay Catholics to our priests and bishops as regards their personal moral rectification? This justifiably provokes two questions in reaction: why is this question worth pursuing, and (...) why pursue it via a comparative reading of Aquinas and Confucian philosophy?As to the first of these, the question I pose here is a specification of the larger responsibilities that fall to Christians according to the Scriptures. Galatians 5:1–2 puts the matter this way: "Brothers, even if a person is caught in some transgression, you who are spiritual should correct that one in a gentle spirit, looking to yourself, so that you may also not be tempted. Bear one another's burdens and so you will fulfill the law of Christ."1 In the theological tradition, "bearing one another's burdens" has been neatly and aptly represented in the principle of fraternal correction. The question I am focused on here, then, is how is fraternal correction properly offered from laity to clerics.Ultimately, articulating the shape or form of virtuous lay correction of clergy is actually a rather knotty problem. This is because the manner of the relationship between laity and clergy is not simply understood in terms [End Page 1025] of the bonds of Christian fraternity. Certainly, all Christians are brothers and sisters in Christ, for through His grace we have been adopted into the inheritance of the Kingdom of God as children of God (see Eph 5:1–5; 1 John 3:1–3). Yet the Church also recognizes that priests and bishops possess not simply a fraternal but also a paternal relationship to laity. As St. Paul again puts it to the church in Corinth, "I became your father in Christ Jesus through the gospel. Therefore, I urge you, be imitators of me" (1 Cor 4:15–16).I propose here that, although fraternal correction is a still useful concept for understanding how laity can morally correct clergy, it has an obvious weakness in that it corresponds to a particular relational analogy, that of fraternity, within which the difference in authority is not as great as the parent–child bond. Thus, fraternal correction is exceptionally useful for understanding how relationships with more or less equal rank of authority can function in terms of moral remonstration, such as how a lay Christian might fraternally correct another lay Christian, or a cleric fraternally correct a cleric. However, when it comes to clergy–laity relations, the shape of fraternal correction is far less clear, for there is a just and genuine disparity between them in the order of ecclesial, magisterial authority underlying the relationship, even if there is equality in other important respects.I argue here that lay responsibilities for correcting clergy can be fruitfully understood in terms of filial remonstration as understood by the Confucian philosophical tradition. Of course, there is one tremendous dissimilarity between Confucian views on the responsibilities for filial remonstration and those pertaining to the laity–clergy relationship: the former occur within and flow from the natural foundation of the parent–child bond, while the latter are not based on blood relations and natural duties. Yet, the same can be said about the language of fraternal correction, which draws upon the analogous duties of blood-kin applied to the spiritual fraternity of the Christian life. And so, it must be admitted that although the father–child relationship is used only analogously to describe the priest–laity relationship, it also accurately depicts the reality of that relationship. As John Paul II observed, priestly celibacy entails "a singular sharing in God's fatherhood and in the fruitfulness of the Church."2 The call of the priest to the celibate life is thus a call to fatherhood, indeed, a call to imitate and participate in the paternity of the triune God in a special and spiritual way. It seems clear that only a materialistic conception of things that denies the spiritual its proper... (shrink)

How does one lead a life of law, love, and freedom? This inquiry has very deep roots in the Judeo-Christian tradition. Indeed, the divergent answers to this inquiry mark the transition from Judeo to Christian. This book returns to those roots to trace the twists and turns that these ideas have taken as they move from the sacred to the secular. It relates our most important mode of social organization, law, to two of our most cherished values, love and freedom. (...) In this book, Joshua Neoh sketches the moral vision that underlies our modern legal order and traces our secular legal ideas to their theological origins. Law, Love, and Freedom brings together a diverse cast of characters, including Paul and Luther, Augustine and Aquinas, monks and Gnostics, and constitutionalists and anarchists. This book is valuable to any lawyers, philosophers, theologians and historians, who are interested in law as a humanistic discipline. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

As the national debate intensifies over what marriage is and who may marry, Mary Lyndon Shanley argues that although the state should continue to play a role in regulating personal relations, the law must be fundamentally reformed if marriage is to become a more just institution. Thirteen prominent writers and thinkers respond, including Nancy F. Cott, William N. Eskridge, Jr., Amitai Etzioni, Martha Albertson Fineman, and Cass R. Sunstein.

This paper argues that the wrong of slavery lies in the denial of the good of law to the slave. Defending this proposition will require the positing of three related claims: (i) that law is good, (ii) that the good of law is denied to the slave, and (iii) that the denial is wrong. This paper will defend the main proposition by defending its three constituent claims. On claim (i), the paper will relate the form of law to the formation (...) of freedom. On claim (ii), the paper will relate law’s objectivity to legal subjectivity. On claim (iii), the paper will relate the state of nature to the state of civil society. (shrink)

Desire (shahwa) and spiritedness (ghaḍab) vs. conatus -- Veneration vs. equality -- Forms vs. laws of nature -- Freedom vs. determinism -- Teleology vs. imagined ideal -- Prudence vs. imagination -- Epilogue -- Appendix: Richard Kennington's Spinoza and esotericism in Spinoza's thought.

This paper offers one formal reason why it may often be inappropriate to hold, of two conflicting desires, that the first must be weaker than, stronger than, or of the same strength as the second. The explanation of this fact does not rely on vagueness or epistemological problems in determining the strengths of desires. Nor does it make use of the problematic notion of incommensurability. Rather, the suggestion is that the motivational capacities of many desires might best be characterized by (...) two values, neither of which should be interpreted as strength. (shrink)

We approach law with deep ambivalence. On the one hand, we take immense pride in living under the rule of law. On the other hand, we often catch ourselves lamenting the existence of law. When we lament the existence of law, we are not just saying that there is too much of it. We are not just complaining about the amount of law. Rather, our complaint goes to the very nature of law itself. We complain that its rules are constraining, (...) that its generality ignores the particularity of each situation, that its coercive force rides roughshod over our autonomy, and the list goes on. However, notwithstanding the frustration with law, it is not that we want to get rid of it. This paper seeks to express and explain our conflicting sentiments about law – why we sometimes view law as a monumental moral achievement and why we are sometimes so frustrated with it. The answer, as this paper will argue, lies in the nature of norms. The value and limit of law is traceable to the value and limit of norms. Kierkegaard helps us see that. This paper will argue that our ambivalence about law mirrors Kierkegaard’s ambivalence about ethics. (shrink)

New natural lawyers--notably Grisez, Finnis, and George--have written much on civil marriage's moral boundaries and grounds, but with slight influence. The peripheral place of the new natural law theory (NNLT) results from the marital grounds they suggest and the exclusionary moral conclusions they draw from them. However, I argue a more authentic and attractive NNLT account of marriage is recoverable through overlooked resources within the theory itself: friendship and moral self-constitution. This reconstructed account allows us to identify the relation between (...) marriage and human flourishing and the morality of same-sex marriage without making marriage infinitely plastic. (shrink)

This article is part of a larger project that explores how to channel people’s passion for popular arts into legal social justice by reconceiving law as a kind of poetry and justice as dance, and exploring different possible relationships between said legal poetry and dancing justice. I begin by rehearsing my previous new conception of social justice as organismic empowerment, and my interpretive method of dancing-with. I then apply this method to the following four “ethico-political choreographies of justice”: the choral (...) dance of souls qua winged chariot-teams, a dancingly beautiful friendship with the community, a tightrope-dance of the cool, and humans dancingly reimagined as positioned actors in fluidly moving groups. I then synthesize these analyses into “dancing justice,” defined as the dynamic equilibrium sustained by a critical mass of a community’s members comporting themselves like social dancers. (shrink)

Nietzsche’s critique of causality is at the heart of his critiques of metaphysics and natural science, for causality is the mechanism by which metaphysical concepts are generated and nature is transformed into a system of universal laws. Yet the nature, variety, and radical entailments of his critique of causality have been insufficiently appreciated in the scholarship. By eliminating cause, he deals a death blow to the naturalism currently in vogue in Nietzsche studies,1 according to which Nietzsche is “engaged in giving (...) causal explanations of various human phenomena.”2 The mistake is to read his metaphysically deflationary views concerning nonnatural causality and his privileging of nature and philosophical .. (shrink)

Recent developments in cosmology indicate that every history having a non-zero probability is realized in infinitely many distinct regions of spacetime. Thus, it appears that the universe contains infinitely many civilizations exactly like our own, as well as infinitely many civilizations that differ from our own in any way permitted by physical laws. We explore the implications of this conclusion for ethical theory and for the doomsday argument. In the infinite universe, we find that the doomsday argument applies only to (...) effects which change the average lifetime of all civilizations, and not those which affect our civilization alone. (shrink)