This essay invites Christian ethicists to engage in a mutually beneficial conversation with the secular law, particularly the common law. It argues that the common law's feature of narrative accountability provides a natural bridge to Christian ethics. It also points out contact points between the two fields regarding normative concepts of persons, actions, norms, and the common good. Finally, it illustrates the possibilities of a conversation between law and Christian ethics by delving into the leading case on the doctrine of (...) unconscionability, which permits courts to refuse to enforce contracts that shock the conscience. (shrink)

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

Tort law and liability insurance have a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer. It seeks in part to extend previous analyses of this interaction by also (...) considering issues in the developing world. It seeks to make some normative questions and stances explicit concerning this interaction, as well as to identify some empirical questions that still need to be answered. The responsibility of liability insurers includes ethically shaping the responsibility of others in interaction with tort law in countless diverse situations. (shrink)

"This book focuses on a vibrant central current within the history of Russian legal thought: how Christianity, and theistic belief generally, has inspired the aspiration to the rule of law in Russia, informed Russian philosophies of law, and shaped legal practices. In this volume, a team of Western and Russian scholars presents fourteen concise, non-technical portraits of modern Russian jurists and philosophers of law whose thought was shaped significantly by Orthodox Christian faith or theistic belief. Each portrait provides essential (...) biographical information, a description of the jurist's religious views, and a substantive account of the subject's jurisprudential ideas. Each chapter ends with a word about the jurist's legacy in Russia today. The collection embraces the most creative period of Russian legal thought, the century and a half from the later Enlightenment to the Russian emigration following the Bolshevik Revolution and Civil War of 1917-1921. While many of the figures represented in this gallery were liberals, in various sense of the term, the volume reaches across the ideological spectrum. Contributors to the volume include respected senior authorities together with younger scholars of exceptional promise. This book will merit the attention of anyone interested in exploring the connections between law and religion in modern times"--. (shrink)

This essay analyzes the work of Paolo Prodi (1932–2016), which is characterised by a constant reflection on secularisation. As a democratic Catholic, he explored the relationship between the Roman Church and the modern world starting from the Council of Trent and from the dual figure of the pope as a temporal ruler and spiritual guide. His original contribution concerned the conflict between law and conscience: a problem that led him to design a triptych of books on the foundations of the (...) western world. He was influenced not only by Verfassungsgeschichte (German constitutional history), but also by Harold Berman. If for Weber the modern world was born from the Reformation, for Berman it was the ‘Gregorian revolution’ that changed the fate of Latin Europe. For Prodi, too, the medieval conflict between canon and civil law introduced a peculiar structure in Europe that would last until the triumph of the nation states and the so-called ‘political religions’. In his three books (the first dedicated to the oath, the second to justice, the last to economics), Prodi placed at the centre of his analysis the notion of forum; the history of moral theology and casuistry and the relationship between penitence and justice. (shrink)

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current (...) volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?

Against the background of the creation of an EU-wide frame of reference for private law relevant to the Common Market, this study, which was requested by the EU Commission, analyses the dovetailing between contract and tort law on the one hand, and between contract and property law on the other. The study examines the legal orders of almost all the Member States of the EU, illustrates the differences between contractual and non-contractual liability and evaluates the different systems of the transfer (...) of property, of movable and immovable securities as well as trust law. The study comes to the conclusion that the intensive considerations on the creation of a model-law in the area of European private law do not allow these thoughts to be limited to contract law. Such a limitation to the scope of the regarding of this area would probably cause more problems than it would solve, or at any rate not do justice to the needs of the Common Market. (shrink)

This volume presents a series of studies that expand laws, invariants, and principles of psychophysics beyond its classical domain of sensation.

In this chapter we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...) decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

There is a long liberal political tradition of marshalling arguments aimed at convincing Christians that distinctively Christian reasons for issuing coercive laws are not sufficient to justify those laws. In the first part of this paper I argue that the two most popular of these arguments, attributable to Locke, will not reliably convince committed biblical Christians, nor, probably, should they. In the second part I argue that even if the Lockean arguments fail, committed biblical Christians should think that God has (...) authorized the state only to fill the same general role that political liberals have identified for it. (shrink)

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...) decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...) republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Scientists often think of the world as a dynamical system, a stochastic process, or a generalization of such a system. Prominent examples of systems are the system of planets orbiting the sun or any other classical mechanical system, a hydrogen atom or any other quantum–mechanical system, and the earth’s atmosphere or any other statistical mechanical system. We introduce a general and unified framework for describing such systems and show how it can be used to examine some familiar philosophical questions, including (...) the following: how can we define nomological possibility, necessity, determinism, and indeterminism; what are symmetries and laws; what regularities must a system display to make scientific inference possible; how might principles of parsimony such as Occam’s Razor help when we make such inferences; what is the role of space and time in a system; and might they be emergent features? Our framework is intended to serve as a toolbox for the formal analysis of systems that is applicable in several areas of philosophy. (shrink)

Humeans about laws maintain that laws of nature are nothing over and above the complete distribution of non-modal, categorical properties in spacetime. ‘Humean compatibilists’ argue that if Humeanism about laws is true, then agents in a deterministic world can do otherwise than they are lawfully determined to do because of the distinctive nature of Humean laws. More specifically, they reject a central premise of the Consequence argument by maintaining that deterministic laws of nature are ‘up to us’. In this paper, (...) we present a new argument for Humean compatibilism. We argue that Humeans about laws indeed have resources for defending compatibilism that non-Humeans lack. Moreover, we show that utilizing these resources does not lead to objectionable consequences. Humeans about laws should thus embrace Humean compatibilism. (shrink)

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

There has been a considerable amount of literature in the last 70 years claiming that the American founders were steeped in modern thought. This study runs counter to that tradition, arguing that the founders of America were deeply indebted to the classical Christian natural-law tradition for their fundamental theological, moral, and political outlook. Evidence for this thesis is found in case studies of such leading American founders as Thomas Jefferson and James Wilson, the pamphlet debates, the founders' invocation of providence (...) during the revolution, and their understanding of popular sovereignty. The authors go on to reflect on how the founders' political thought contained within it the resources that undermined, in principle, the institution of slavery, and explores the relevance of the founders' political theology for contemporary politics. This timely, important book makes a significant contribution to the scholarly debate over whether the American founding is compatible with traditional Christianity. (shrink)

Philosophers have argued about the nature and the very existence of free will for centuries. Today, many scientists and scientifically minded commentators are skeptical that it exists, especially when it is understood to require the ability to choose between alternative possibilities. If the laws of physics govern everything that happens, they argue, then how can our choices be free? Believers in free will must be misled by habit, sentiment, or religious doctrine. Why Free Will Is Real defies scientific orthodoxy and (...) presents a bold new defense of free will in the same naturalistic terms that are usually deployed against it. -/- Unlike those who defend free will by giving up the idea that it requires alternative possibilities to choose from, Christian List retains this idea as central, resisting the tendency to defend free will by watering it down. He concedes that free will and its prerequisites—intentional agency, alternative possibilities, and causal control over our actions—cannot be found among the fundamental physical features of the natural world. But, he argues, that’s not where we should be looking. Free will is a “higher-level” phenomenon found at the level of psychology. It is like other phenomena that emerge from physical processes but are autonomous from them and not best understood in fundamental physical terms—like an ecosystem or the economy. When we discover it in its proper context, acknowledging that free will is real is not just scientifically respectable; it is indispensable for explaining our world. (shrink)