Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 363-381.

It has become increasingly difficult for individuals to exercise meaningful control over the personal data they disclose to companies or to understand and track the ways in which that data is exchanged and used. These developments have led to an emerging consensus that existing privacy and data protection laws offer individuals insufficient protections against harms stemming from current data practices. However, an effective and ethically justified way forward remains elusive. To inform policy in this area, we propose the Ethical Data (...) Practices framework. The framework outlines six principles relevant to the collection and use of personal data—minimizing harm, fairly distributing benefits and burdens, respecting autonomy, transparency, accountability, and inclusion—and translates these principles into action-guiding practical imperatives for companies that process personal data. In addition to informing policy, the practical imperatives can be voluntarily adopted by companies to promote ethical data practices. (shrink)

The philosophy of metaReality and, in particular, ideas of transcendence can ‘underlabour’ for the re-enchantment of Islamic praxis, ethics and law by helping to uncover in a systematic, non-arbitrary way the spiritual objectives inherent in the basic beliefs, practices and obligations of Islam. The commonly accepted elements of the Islamic legal pathway, such as the obligation of marriage, far from being inhibiting, can help humans access the dialectical pulse of freedom and the emancipatory meaning inherent tendentially in human relationships. Thus, (...) the Islamic Shari'a, underlaboured by the philosophy of metaReality, rather than a symbol of legal backwardness and inflexibility, can be conducive once again to greater personal ontological wholeness and collective human flourishing. (shrink)

This paper seeks to encourage continued innovation in translating built environment and transportation-focused physical activity research into practice. Successful strategies, policies, and tools from across the U.S. and globally that demonstrate potential for wider-scale implementation are highlighted. The importance of building practice and translational research partnerships with groups and organizations outside traditional public health spheres, such as those who work in real estate and land-use development, is also discussed.

A discourse on method -- Hart on legal powers and law's normativity -- The components of Hart's jurisprudential theory -- Hart on legal interpretation and legal reasoning -- Law and morality.

Before September 11, 2001, a mass-casualty terrorist attack on American soil was generally considered a remote possibility. Similarly, before October 4, 2001—the first confirmed case of anthrax caused by intentional release — widespread bioterrorism seemed implausible. Among the arguments that such a biological artack was unlikely included: the lack of a historical precedent; the technological and organizational challenges to acquiring and weaponizing a biological agent; and the almost universal moral opprobrium that would certainly accompany the use by terrorists of such (...) a weapon. In the wake of September 11th and October 4th, however, many are reconsidering the likelihood of a large-scale bioterrorist attack against civilians.The Centers for Disease Control and Prevention defines bioterrorism as the intentional release of viruses, bacteria, or toxins for the purpose of harming or killing civilian. One measurement of the public health system's level of bioterrorism preparedness is the quality and distribution of laws mandating the reporting of diseases caused by certain biological agents. (shrink)

Before September 11, 2001, a mass-casualty terrorist attack on American soil was generally considered a remote possibility. Similarly, before October 4, 2001—the first confirmed case of anthrax caused by intentional release — widespread bioterrorism seemed implausible. Among the arguments that such a biological artack was unlikely included: the lack of a historical precedent; the technological and organizational challenges to acquiring and weaponizing a biological agent; and the almost universal moral opprobrium that would certainly accompany the use by terrorists of such (...) a weapon. In the wake of September 11th and October 4th, however, many are reconsidering the likelihood of a large-scale bioterrorist attack against civilians.The Centers for Disease Control and Prevention defines bioterrorism as the intentional release of viruses, bacteria, or toxins for the purpose of harming or killing civilian. One measurement of the public health system's level of bioterrorism preparedness is the quality and distribution of laws mandating the reporting of diseases caused by certain biological agents. (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)

This book brings together contributions from seventeen of the world's foremost legal and political philosophers to examine the lasting influence of H.L.A. Hart. The essays explore the major subjects of Hart's work: general jurisprudence, criminal responsibility, rights, justice, causation and the foundations of liberalism.

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)

This book is the product of a major British Academy Symposium held in 2007 to mark the centenary of the birth of H.L.A. Hart, the most important legal philosopher and one of the most important political philosophers of the twentieth century. -/- The book brings together contributions from seventeen of the world's foremost legal and political philosophers who explore the many subjects in which Hart produced influential work. Each essay engages in an original analysis of philosophical problems that were tackled (...) by Hart, some essays including extended critical discussions of his major works: The Concept of Law, Punishment and Responsibility, Causation in the Law and Law, Liberty and Morality. All the main topics of Hart's philosophical writings are featured: general jurisprudence and legal positivism; criminal responsibility and punishment; theories of rights; toleration and liberty; theories of justice; and causation in the law. (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)

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

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)

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)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Does Judaism Condone Violence? Holiness and Ethics in the Jewish Tradition by Alan L. MittlemanMatthew LeveringDoes Judaism Condone Violence? Holiness and Ethics in the Jewish Tradition by Alan L. Mittleman (Princeton, NJ: Princeton University Press, 2018), v + 227 pp.Alan Mittleman has written a profoundly thought-provoking book. A main question of the book is whether a higher (revealed) law may in some cases require harm to be done (...) to the neighbor—harm that otherwise would be unjust. Mittleman offers some fascinating examples of cases in which Jews have appealed to God's Law in order to justify oppression of Gentiles. He cites a contemporary halakhic text, Torat ha-Melekh (The King's Torah), as particularly egregious. While Torat ha-Melekh was widely condemned by rabbis and the general public in Israel, it had an audience among the ultra-Orthodox. According to the Torat ha-Melekh, Gentiles' souls are not intrinsically holy in the way that Jews' souls are. This means that killing Gentile children in wartime may be acceptable due to the threat that otherwise these children may grow up to kill Jews. The Torat ha-Melekh observes that many Gentiles do not practice and obey the seven Noachide commandments. Since this is so, the Gentiles who do not obey the Noachide commandments live "in an inhuman state, where the brutish nature of their souls has free rein and their lives have lost value" (186).Another example given by Mittleman is the status of the Holy Land and the Holy People. Insofar as the holiness of the land and people is thought to be intrinsic—an inseparable property—problems can arise. According to a midrash in Bereshit Rabbah, the land is so intrinsically holy that only the dead who are buried in the land—or whose dead bodies somehow travel to the land—will rise from the dead and enjoy everlasting resurrected life. Likewise, the land's air is presented as uniquely making its inhabitants wise, and the divine presence or shekinah comes only in the land. For the medieval Jewish philosopher Yehuda Halevi, in his Kuzari: The Book of Refutation and Proof on Behalf of the Most Despised Religion (ca. 1140), the land of Israel is the most temperate climate and the most conducive to producing the ideal human beings. In addition, Halevi thinks that only certain descendants of Adam are "true Adamites" (66). A true Adamite is a son of God, just as Adam was. Specifically, only Seth and some of his descendants are fully human in accord with the Adamic model. It is only in the family of Jacob that "God's influence [finally] becomes the property of an entire people" (67). The true Adamites are Adam's (and Jacob's) seed; other humans are comparatively speaking mere husks. Although people can convert to Judaism, therefore, converts cannot be equal to those born of the Jewish nation. This does not mean that all who descend from Jacob are holy, since [End Page 745] it is possible for a Jew to distort his or her purity of soul. Nevertheless, for Halevi the Jewish people are a holy seed that is intrinsically superior to all other humans, so that it is possible to say that "Israel is an angelomorphic, even theomorphic race" (69).Moses Maimonides responded to Halevi, rejecting his viewpoint completely—on the grounds that holiness is not an intrinsic or biological (let alone racial) property. Yet, Halevi's viewpoint influenced Jewish Kabbalah in a major way. For the Kabbalist text the Zohar, the people of Israel derive from the emanations of the divine, whereas all other nations derive from the impure powers. The Zohar holds, "The other nations count for nothing in God's sight. They are the products of Eve's illicit union with the serpent," rather than coming forth from the theomorphic being who was Adam (70). Similarly, Moses de Leon—thought to be an author of the Zohar—argues that Gentiles ontologically possess impure souls that will carry them to spiritual damnation and will ensure that they have no participation in the resurrection of the dead. Another Kabbalist, Joseph of Hamadan, makes the same point that Gentiles... (shrink)

These are for entries for _The Cambridge Rawls Lexicon_, edited by Jon Mandle and David Reidy, on H.L.A. Hart, Charles Beitz, Sovereignty, and Citizen.

In this wide-ranging investigation of many prominent issues in contemporary legal, political, and moral philosophy, Matthew Kramer combines penetrating critiques with original theorizing as he examines the writings of numerous major theorists (including Ronald Dworkin, H. L. A. Hart, Alan Gewirth, David Lyons, Ronald Coase, John Finnis, Jules Coleman, Anthony Kronman, and Richard Posner). While Kramer argues with the rigor that is the hallmark of the tradition of analytic philosophy, his inquiries extend not only to that tradition but also (...) to such other traditions as Aristotelianism and Continental philosophy and Legal Realism. (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)

This volume is based on papers presented at a conference on defeasibility in ethics, epistemology, law, and logic that took place at the Goethe University in Frankfurt in 2010. The subtitle (“Knowledge, Agency, Responsibility, and the Law”) better reflects the content than does the title of the original conference. None of the papers focuses directly or primarily on defeasible reasoning in logic, though a few touch on this indirectly. Nor are the papers evenly split among the topics. Six are primarily (...) about epistemology, four about responsibility, and one each focuses on agency and the law. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophical Adventures in the Lands of Oz and EvGareth B. Matthews (bio)Charles Dodgson, using the pen name “Lewis Carroll,” was the first author in English to write philosophical fantasy for children. In naming his first Alice book Alice’s Adventures in Wonderland,1 Lewis Carroll may have been inspired by the famous saying of Aristotle that philosophy begins in wonder. More exactly, what Aristotle said was this: “For it is owing (...) to their wonder (thaumazein) that people both now begin, and first began to philosophize (philosophein)” (Metaphysics I, 1982b12-13). Plato expresses a similar idea in his dialogue Theatetus: “This is an experience characteristic of philosophy,” Plato has Socrates say, “this wondering: this is where philosophy begins and nowhere else” (155d).A reader might suppose that the wonder Plato and Aristotle thought could stimulate us to do philosophy was a Kantian awe at “the starry heavens above me and the moral law within me.”2 But, in fact, the wonder Plato and Aristotle allude to is a surprised recognition that something we thought we understood perfectly well actually presents a challenging perplexity (aporia). So for both Plato and Aristotle, philosophy begins in the wonder at a philosophically interesting perplexity.3 And, indeed, Alice’s adventures in Wonderland are adventures in philosophical perplexity.The first American writer of philosophical fantasy for children was L. Frank Baum, author of The Wonderful Wizard of Oz4 and a number of other Oz books. For Baum philosophical fantasy took a rather different form from the fantasy of Lewis Carroll. This should hardly be surprising. After all, Carroll was a philosopher and an Oxford don whose specialty was logic. The hallmark of his fantasy is clever and thought- provoking [End Page 37] repartee, such as one might hope to hear at high table in an Oxford college. Consider this passage from chapter 7 (“A Mad Tea-Party”) of Alice in Wonderland:“Take some more tea,” the March Hare said to Alice, very earnestly.“I’ve had nothing yet,” Alice replied in an offended tone, “so I can’t take more.”“You mean you can’t take less,” said the Hatter: “it’s very easy to take more than nothing.”5As this passage helps us realize, “A has had more tea than B” is normally taken to imply that, although both A and B have had some tea, the amount that A has had is more than the amount that B has had. However, it can also be taken to mean simply that the amount A has had is more than the amount B has had, even where, in the case of B, that amount is zero. Or consider this exchange from chapter 6 (“Humpty-Dumpty”) of Through the Looking-Glass:“I don’t know what you mean by ‘glory,’” Alice said.Humpty Dumpty smiled contemptuously, “Of course you don’t—till I tell you.I meant ‘There’s a nice knock-down argument for you!’”“But ‘glory’ doesn’t mean ‘a nice knock-down argument,’” Alice objected.“When I use a word,” Humpty Dumpty said, in rather a scornful tone,“it means just what I choose it to mean—neither more nor less.”“The question is,” said Alice, “whether you can make words mean so many different things.”“The question is,” said Humpty Dumpty, “which is to be master—that’s all.”6This characteristically clever and amusing exchange forces readers to make a distinction between lexical meaning and speaker meaning. Of course the word “glory” does not mean “there’s a nice knock-down argument for you,” but what a speaker might mean to communicate by using the word “glory” is another issue. Moreover, the relationship between lexical meaning and speaker meaning is a very interesting issue in linguistics and the philosophy of language.Nothing like this clever repartee is to be found in the Oz books. Nor should that fact be very surprising. Frank Baum never took a philosophy course; he never even went to college. He was a theater producer and journalist. Yet, despite this lack of academic background, perhaps the most striking feature7 of Baum’s writing—something almost universally ignored in the scholarly literature on Baum... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Theologian's Doubts:Natural Philosophy and the Skeptical Games of GhazālīLeor HaleviIn the history of skeptical thought, which normally leaps from the Pyrrhonists to the rediscovery of Sextus Empiricus in the sixteenth century, Abū Ḥāmid Muḥammad al-Ghazālī (1058-1111) figures as a medieval curiosity. Skeptical enough to merit passing acknowledgment, he has proven too baffling to be treated fully alongside pagan, atheist, or materialist philosophers. As a theologian defending certain Muslim (...) dogmas, Ghazālī has not met what historians consider the mark of the true skeptic, a mind doubting the possibility of all systems of knowledge. But what is fascinating about him is that he brought into practical operation the tools of what I call "functional skepticism."1He denied the claims to truth of Aristotelian physics—whose basis he showed to rest on groundless belief—then turned and argued for the possibility of the Resurrection tooth and nail. The scholarly debate on The Incoherence of the Philosophers (Tahāfut al-falāsifa) has concentrated on the extent to which Ghazālī qua Ashcarite theologian was seduced into Aristotelian philosophy despite himself.2 In my view this debate has been misguided in the attempt to distill the [End Page 19] essence of Ghazālī from the book's eclectic theology; I will argue for a different view of Ghazālī on the basis of a close reading of key passages. In the unusual sections where Ghazālī applies Aristotelian language to a world not following the ordinary laws of physics, some have found Ghazālī slipping, unconsciously perhaps, into an Aristotelian frame of mind. I will show that, as a skeptical theologian with a dialogic imagination, he was rather deconstructing Aristotelian discourse while playing a Wittgensteinian sort of language game.Natural Philosopher or Speculative Theologian?The disagreement about the extent to which philosophy infected Ghazālī is ancient. Ghazālī might have studied philosophy only in order to refute it. He himself defended his philosophizing with the claim that one cannot deconstruct a system of thought until one has understood it so deeply as to elaborate upon its fundamental principles.3 His Maqāṣid al-falāsifa was in fact received, especially in trans-Pyrenean Europe, as a philosopher's genuine summary of the object of philosophy.4 The book strikes me as suspiciously creative in its representation of philosophical discourse, but it appears in any case as an expert and surprisingly unbiased treatment.5 Arabic readers knew that Ghazālī had also written a polemical treatise against philosophy, Tahāfut al-falāsifa, but they still wondered about his engagement with the ideas he challenged. Abū Bakr Ibn al-cArabī, for example, commented that Ghazālī had been unable to extricate himself from philosophy.6 Other philosophers pondered whether or not he had been a closeted member of their charmed circle and sought in his writings traces of esoteric philosophy.7Averroës's own sober sense of distance between philosophy and theology was partially a reaction to what he perceived as Ghazālī's dangerous and carefree mixture of the two sciences.8 He attacked Ghazālī's book in The Incoherence [End Page 20] of the Incoherence to restore philosophy's sense of purity, an aim he sought to accomplish by separating religious concerns from the philosopher's field of inquiry.9 Ironically, such a separation is precisely what Ghazālī might have wished to provoke by crisscrossing and blurring the line between religion and philosophy.The modern debate on chapter 17 of Tahāfut al-falāsifa has concentrated on defining Ghazālī as either a natural philosopher or an occasionalist theologian. In his defense of the possibility of miracles Ghazālī presented two theories of causation, one denying the logical basis of Aristotelian notions of natural causality, and the other more or less adopting these notions. Jointly, the two theories have seemed incompatible, and for this reason scholars have attempted to sort Ghazālī out of the apparent confusion. In 1978 L. E. Goodman argued persuasively that Ghazālī exploited rather than denied the philosophers' ideas of causality. In two articles Michael Marmura challenged Goodman, contending... (shrink)

Epistemological questions about the significance of disagreement have advanced in concert with broader developments in social epistemology concerning testimony, the nature of expertise and epistemic authority, the role of institutions, group belief, and epistemic injustice (among others). During this period, related issues in the epistemology of religion have reemerged as worthy of new consideration, and available to be situated with new conceptual tools. This volume explores many of the issues at the intersection of the epistemology of disagreement and religious epistemology: (...) in particular, how to think carefully about religious diversity and disagreement, balancing epistemic humility with personal conviction, the place of religious belief in our social lives, and how best to think about truths concerning religion. (shrink)

In Italy, a judge reduced the sentence of a defendant by 1 year in response to evidence for a genetic predisposition to violence. The best characterized of these genetic differences, those in the monoamine oxidase A (MAOA), were cited as especially relevant. Several months previously in the USA, MAOA data contributed to a jury reducing charges from 1st degree murder (a capital offence) to voluntary manslaughter. Is there a rational basis for this type of use of MAOA evidence in criminal (...) court? This paper will review in context recent work on the MAOA gene–environment interaction in predisposing individuals to violence and address the relevance of such findings to murder trials. Interestingly, the MAOA genetic variants impact future violence and aggression only when combined with the adverse environmental stimuli of childhood maltreatment. Thus nature and nurture interact to determine the individual’s risk. Based on current evidence, I argue there is a weak case for mitigation. But should future experiments confirm the hypothesis that individual differences in impulse control and response to provocation found in MAOA-L men (without abuse) are significantly magnified when combined with childhood maltreatment, the case could turn into a stronger one. (shrink)

Drawing on social comparison theory, we investigate employees’ ethical and performance comparisons relative to a similar coworker and subsequent emotional and behavioral responses. We test our theoretically driven hypotheses across two studies. Study 1, a cross-sectional field study, reveals that employees who perceive they are more ethical than their coworkers experience negative emotions toward the comparison coworkers and those feelings are even stronger when the employees perceive they are lower performers than their coworkers. Results also reveal that negative emotions mediate (...) the indirect relationship between being more ethical than a coworker, but also being a lower performer than that coworker onto social undermining and ostracism. Study 2, a 2 × 2 between-subjects experimental design, provides further support for our moderated mediation model. Results reveal that participants experience negative emotions when they receive information that they are more ethical than a comparison participant. Negative emotions are amplified if the participant is told they were a lower performer than the comparison participant. Those participants indicate their desire to mistreat and ignore the comparison participant if given the opportunity. Thus, we find support for our hypotheses using a multi-method design. (shrink)

ABSTRACT Critical realist thought has theorised convincingly that epistemic relativism is constellationally embedded in ontological realism which in turn necessitates judgemental rationality. In social science, judgemental rationality involves acting upon plausible decisions about competing points of view. However, the tools for doing this are, as yet, under-articulated. This paper addresses this absence by articulating triangulation and depth-reflexivity as two tools for doing judgemental rationality in empirical research. It draws on the experiences of a diverse team working on an international comparative (...) research project on conversion to Islam in prisons. It demonstrates how epistemic and relational gaps between researchers and research subjects can be bridged by mobilising the ‘laminated’ properties and personal attributes of a diverse research team that factors in attributes that are absent as well as those present. The biographical experiences of the team are analyzed in a variety of intersecting dimensions: faith, ethnicity/ethno-culture, gender, class and professionality. (shrink)

People maintain a positive identity in at least two ways: They evaluate themselves more favorably than other people, and they judge themselves to be better now than they were in the past. Both strategies rely on autobiographical memories. The authors investigate the role of autobiographical memories of lying and emotional harm in maintaining a positive identity. For memories of lying to or emotionally harming others, participants judge their own actions as less morally wrong and less negative than those in which (...) other people lied to or emotionally harmed them. Furthermore, people judge those actions that happened further in the past to be more morally wrong than those that happened more recently. Finally, for periods of the past when they believed that they were very different people than they are now, participants judge their actions to be more morally wrong and more negative than those actions from periods of their pasts when they believed that they were very similar to who they are now. The authors discuss these findings in relation to theories about the function of autobiographical memory and moral cognition in constructing and perceiving the self over time. (shrink)

Amid the unrest, dislocation, and uncertainty of seventeenth-century Europe, readers seeking consolation and assurance turned to philosophical and scientific books that offered ways of conquering fears and training the mind—guidance for living a good life. _The Good Life in the Scientific Revolution_ presents a triptych showing how three key early modern scientists, René Descartes, Blaise Pascal, and Gottfried Leibniz, envisioned their new work as useful for cultivating virtue and for pursuing a good life. Their scientific and philosophical innovations stemmed in (...) part from their understanding of mathematics and science as cognitive and spiritual exercises that could create a truer mental and spiritual nobility. In portraying the rich contexts surrounding Descartes’ geometry, Pascal’s arithmetical triangle, and Leibniz’s calculus, Matthew L. Jones argues that this drive for moral therapeutics guided important developments of early modern philosophy and the Scientific Revolution. (shrink)

Background In May 2020, England moved to an opt-out organ donation system, meaning adults are presumed to be an organ donor unless within an excluded group or have opted-out. This change aims to improve organ donation rates following brain or circulatory death. Healthcare staff in the UK are supportive of organ donation, however, both healthcare staff and the public have raised concerns and ethical issues regarding the change. The #options survey was completed by NHS organisations with the aim of understanding (...) awareness and support of the change. This paper analyses the free-text responses from the survey. Methods The #options survey was registered as a National Institute of Health Research (NIHR) portfolio trial [IRAS 275992] 14 February 2020, and was completed between July and December 2020 across NHS organisations in the North-East and North Cumbria, and North Thames. The survey contained 16 questions of which three were free-text, covering reasons against, additional information required and family discussions. The responses to these questions were thematically analysed. Results The #options survey received 5789 responses from NHS staff with 1404 individuals leaving 1657 free-text responses for analysis. The family discussion question elicited the largest number of responses (66%), followed by those against the legislation (19%), and those requiring more information (15%). Analysis revealed six main themes with 22 sub-themes. Conclusions The overall #options survey indicated NHS staff are supportive of the legislative change. Analysis of the free-text responses indicates that the views of the NHS staff who are against the change reflect the reasons, misconceptions, and misunderstandings of the public. Additional concerns included the rationale for the change, informed decision making, easy access to information and information regarding organ donation processes. Educational materials and interventions need to be developed for NHS staff to address the concepts of autonomy and consent, organ donation processes, and promote family conversations. Wider public awareness campaigns should continue to promote the positives and refute the negatives thus reducing misconceptions and misunderstandings. Trial registration National Institute of Health Research (NIHR) [IRAS 275992]. (shrink)

This article makes the case for a contemporary philosophy of Islam to help Muslims surmount the challenges of postmodernity and to transcend the hiatuses and obstacles that Muslims face in their interaction and relationships with non-Muslims. It argues that the philosophy of critical realism so fittingly underlabours for the contemporary interpretation, clarification and conceptual deepening of Islamic doctrine and practice as to suggest and necessitate the development of a distinctive Islamic critical realist philosophy, social and educational theory and world-view, specifically (...) suited for this purpose. This approach is called Islamic critical realism. (shrink)