This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving (...) 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system. (shrink)

This paper reviews the principal objections that Hume's Scots "common sense" contemporaries had to his account of the understanding. In the absence of any but the most scant evidence of Hume's own reactions to these criticisms, it weighs what he might have said in his own defense.

(This paper has since been republished in _Kant's Critique of Pure Reason: Critical Essays_, edited by Patricia Kitcher [Lanham: Rowman and Littlefield, 1998], 21-44.) Kant's claim that space and time are "forms of intuition" is contrasted with the nativist claim that space is an innate idea or construct of the mind and with the empiricist claim that space is given in or learned from experience. It is argued that the nativism/empiricism debate masks a more fundamental disagreement between sensationism and constructivism. (...) Kant's account of space- and time-cognition is shown to be neither sensationist nor constructivist and as a consequence to be "nativistic" in a sense which commentators from Vaihinger and Kemp Smith to Patricia Kitcher have failed to capture. (shrink)

This is the first edition in over a century to present David Hume's Enquiry concerning Human Understanding, Dissertation on the Passions, Enquiry concerning the Principles of Morals, and Natural History of Religion in the format he intended: collected together in a single volume. Hume has suffered a fate unusual among great philosophers. His principal philosophical work is no longer published in the form in which he intended it to be read. It has been divided into separate parts, only some of (...) which continue to be published. This volume repairs that neglect by presenting the four pieces that Hume in later life desired to "alone be regarded as containing [his] philosophical sentiments and principles" in the format he preferred, as a single volume with an organization that parallels that of his early Treatise of Human Nature. This edition's introduction comments on the historical origins and evolution of the four parts and draws attention to how they mutually inform and support one another. The text is based on the first (1758) edition of Hume's Essays and Treatises on Several Subjects. Notes advise the reader of the changes made in the final (1777) edition. Excerpts from the work of some of Hume's most important contemporary critics are included as appendices. Hume's abundant references to ancient historians, geographers, poets, and philosophers—many of them now quite obscure—are rendered accessible in this volume through extensive textual notes and a bibliography of online sources. (shrink)

This paper offers and account of the "system" of probable reasoning presented in Hume's Treatise and first Enquiry. The system is sceptical because it takes our beliefs to be the product of naturally occurring psychological mechanisms rather than logically sound judgment, and because it declares those beliefs to be ultimately unjustifiable. This paper explains how Hume was nonetheless able to provide for a logic of probable reasoning, grounded on natural, but unjustifiable beliefs.

Hume appears to have sometimes taken religion to be founded on reason, at other times to have taken it to be founded on faith, and at yet other times to be based on authority. All of these views can be found in the different pieces collected together in the second volume of his Essays and Treatises on Several Subjects. By means of an analysis of what Hume meant by "genuine religion," "true religion," and "rational religion," I uncover a consistent, sincere (...) view that Hume sustained throughout his published works. This view is atheistic. (shrink)

Identifying corporate governance mechanisms to improve firm performance has been at the forefront of policy discussion and research in recent years. Existing research in this area focuses on large-capitalisation firms, and has not provided much insight on smaller firms. This paper tests for the optimality of deployment of governance mechanisms for Canadian small-cap firms by estimating a simultaneous equation system that links four control mechanisms to firm performance, using recent data. The results confirm simultaneity between several governance mechanisms and Canadian (...) small-cap firm performance. CEO ownership and shareholder rights are shown to determine board independence. CEO ownership in turn is shown to depend on the extent of shareholder rights and whether the CEO is also Chairperson of the board. Canadian small-cap firms appear to overutilise debt as a control mechanism. There is somewhat weaker evidence that board independence and CEO ownership are beyond the optimum. The latter, given the relatively high degree of CEO ownership in Canadian small-cap firms, is consistent with management entrenchment. We also do not find any significant discount to performance for Quebec-based firms, or for firms with dual or multiple voting class shares structures. (shrink)

This study examines whether differences in financial performance exist for investment trusts which base their portfolio selection primarily on an ethical screen, compared to indexes which incorporate a broader spectrum of investments. Results indicate that on a risk-adjusted basis there is an insignificant difference in the financial performance of these trusts against three common market benchmarks. However as to the extent of the directional effect, there does exist slightly superior financial performance by ethical trusts against their respective industry average indexes, (...) but an underperformance against a smaller company's index and the market as a whole. The lack of a distinct advantage in the short to medium term for applying an ethical screen, may in part be due to the recent development of ethical investments in Australia. Stronger performances by older ethical investment trusts may indicate superior returns are more likely to occur over a longer term. (shrink)

This book presents a paragraph-by-paragraph analysis of all of the major arguments and explanations in the "aesthetic" of Kant's Critique of Pure Reason. The first part of the book aims to provide a clear analysis of the meanings of the terms Kant uses to name faculties and types of representation, the second offers a thorough account of the reasoning behind the "metaphysical" and "transcendental" expositions, and the third investigates the basis for Kant's major conclusions about space, time, appearances, things in (...) themselves, and the cognitive constitution of the subject. A major goal of the work is to establish that Kant takes spatiotemporal form to be originally given through the constitution of the subject's receptive faculty, not generated through synthetic procedures of the imagination or understanding. (shrink)

The literature on Berkeley is almost unanimous in taking this claim to know the existence of other finite spirits to rest on an argument from analogy. I show that this is not so and that Berkeley uses a causal argument to prove that there are other minds. Questions of the degree to which it is legitimate for Berkeley to appeal to causes, particularly occasional causes, are addressed in the process.

Reid maintained that the perceptions that we obtain from the senses of smell, taste, hearing, and touch are ‘suggested’ by corresponding sensations. However, he made an exception for the sense of vision. According to Reid, our perceptions of the real figure, position, and magnitude of bodies are suggested by their visible appearances, which are not sensations but objects of perception in their own right. These visible appearances have figure, position, and magnitude, as well as ‘colour,’ and the standard view among (...) Reid scholars has been that Reid maintained that our perceptions of visible figure, position, and magnitude are also not suggested by any sensation. They are instead suggested by the material impression on the retina. Gideon Yaffe challenges the standard interpretation. According to Yaffe, Reid believed that our perceptions of visible figure are suggested by corresponding sensations, by sensations of colour. We defend the standard interpretation of Reid. According to Reid, there is no “local sign” in our sensations of colour. The same colour sensation can be associated with different positions on the visual field, and different colour sensations can be associated to the same position on the visual field. According to Reid, we only have evidence for a correlation between the image on the retina and the perception of visible figure. (shrink)

The claim that an information revolution is underway is scrutinized in this paper. Particular attention is given to the notions that new information technology will radically increase human choice and rationality in decision-making. The literature on informatics and technology is selectively reviewed in order to determine whether the present use of technology seems to predict an increased choice and rationality in the future; earlier technologies have had this effect; and past social predictions of this type have proven generally correct. We (...) reach a mixed or negative conclusion in every case. Although the possibility of an information revolution cannot be dismissed, neither can it be readily accepted at this point unless we significantly diminish what is normally meant by a 'revolution'. (shrink)

David Hume’s philosophical work presents the reader with a perplexing mix of constructive accounts of empirically guided belief and destructive sceptical arguments against all belief. This book reconciles this conflict by showing that Hume intended his scepticism to be remedial. It immunizes us against the influence of “unphilosophical” causes of belief, determining us to proportion our beliefs to the evidence. In making this case, this book develops Humean positions on topics Hume did not discuss in detail but that are of (...) interest to contemporary philosophers: consciousness and the unity of consciousness, temporal experience, visual spatial perception, the experience of colour and other qualia, objective experience, and spatially extended minds. It also challenges currently accepted interpretations of Hume’s views on the finite divisibility of space and time, vacuum, the duration of unchanging objects, and identity over time. It deals with criticisms of Hume that were raised by his contemporaries, notably by Thomas Reid, draws attention to earlier seventeenth‑ and eighteenth‑century work that has bearing on the interpretation of Hume’s thought, and compares Hume’s achievements with those of later nineteenth‑century psychologists and philosophers. (shrink)

I argue that there is an important emotion for which we do not have a name.Export citation.

Scholars have almost universally agreed that Hume's account of space and time as manners of disposition of impressions is inconsistent with one of the most fundamental tenets of his empiricism: the thesis that all ideas are derived from simple impressions. This paper challenges that view and argues that Hume's position on the origin of our ideas of space and time is a profound, original, virtually unique, and even courageous approach to the problem of original space and time cognition, and a (...) theory that allows for hitherto unrecognized expansions to the resources available to his empiricism. (shrink)

Two studies examined the link between social dominance and male waist-to-hip ratio (WHR). Groups of four men interacted in a leaderless group discussion. In both studies, men with higher WHRs (associated with current and long-term health status) were rated by other group members as behaving more leader-like when an observer was present, and rated themselves as being more assertive. In Study 2, men with higher WHRs were rated by independent observers as behaving more dominantly, but only when the evaluator was (...) present. These results are discussed in terms of evolutionary models of health, attraction, and intrasexual competition. (shrink)

Kant defined ‘sensation’as ‘the effect of an object on the representative capacity, so far as we are affected by it.’ This is, to put it mildly, not one among his more elegant, clear or helpful sayings. And it is merely an instance of a more general malaise. Kant did not say as much about sensation as he should have, and his account-or lack of it-can be seen at the root of many of the difficulties that have plagued his readers.

(Originally published in _Reid Studies_ 4 (2000-01): 35-51.) Reid and Berkeley disagreed over whether we directly perceive objects located outside of us in a surrounding space, commonly revealed by both vision and touch. Berkeley considered a successful account of erect vision to be crucial for deciding this dispute, at one point calling it ‘the principal point in the whole optic theory.’ Reid's critique of Berkeley's position on this topic is very brief, and appears to miss Berkeley's point. I argue that (...) there is more to Reid's response to Berkeley than at first meets the eye. Reid's rival account of erect vision draws on evidence that makes a compelling case for the position that we see the same space that we touch. (shrink)

Review of Gary Hatfield, The Natural and the Normative. Theories of Spatial Perception from Kant to Helmholtz. MIT Press, 1990.

This paper considers an objection to the Humean view that perception involves introspective acquaintance with representative images. The objection, originally raised by Thomas Reid and recently endorsed by Nicholas Wolterstorff, states that no representative image can be hard, and concludes that acquaintance with such images cannot therefore account for our perception of hardness. I argue in response that a case has not been made for denying that representative images can be hard. Hardness, as understood by Hume and Reid, is the (...) quality of having parts that resist motion relative to one another. This means that as long as it is allowed that representative images can consist of spatially disposed parts, there can be no a priori reason to deny that they might be hard as well. (shrink)

This chapter contains section titled: Extension and Duration Hume's Reply to the Paradox of Composition Hume's Arguments for the Finite Divisibility of Perceptions (T 1.2.1) The Coherence of Hume's Account The Idea of Equality (T 1.2.4) The Infinite Divisibility of Objects (T 1.2.2) Manners of Disposition (T 1.2.3) The Simplicity of the Soul (T 1.4.5) The Idea of Vacuum (T 1.2.5) Hume's Account of Contiguity (T 1.1.5, 1.3.8, 2.3.7) Notes References Further reading.

This is a wide ranging survey of the extent and nature of Reid's nativist commitments and of their implications for his account of perception and his realism.

Kant's problematic conclusion, that we can know that things in themselves are not in space or time, is shown to follow directly from his claim that space and time are manners of disposition or forms of arrangement in which various items are presented to us in intuition. This argument is not strong enough to rule out certain well-defined senses in which things in themselves "could" possibly be spatio-temporal, but it does show that any sense in which things in themselves could (...) be in space or time would bear no relation to the spatio-temporal features of appearances. (shrink)

Reid is well known for rejecting the "philosophy of ideas"--a theory of mental representation that he claimed to find in its most vitriolic form in Hume. But there was another component of Hume's philosophy that exerted an equally powerful influence on Reid: Hume's attack on the notion of spiritual substance in _Treatise 1.4.5. I summarize this neglected aspect of Hume's philosophy and argue that much of Reid's epistemology can be explained as an attempt to buttress dualism against the effects of (...) Hume's critique. (shrink)

Hume had two principal arguments for denying that we can have an idea of a vacuum, an argument from the non-entity of unqualified points and an argument from the impossibility of forming abstract ideas of manners of disposition. He also made two serious concessions to the opposed view that we can indeed form ideas of vacua, namely, that bodies that have nothing sensible disposed between them may permit the interposition of other bodies without any apparent motion or occlusion and that (...) it is possible to conceive the contents of a room to be evacuated without being compelled to conceive the walls moving into contact. To reconcile these concessions with his arguments and show why we only “falsely imagine” that we can form the idea of a vacuum, Hume developed a psychological theory of the perception of “invisible and intangible distance” that has something in common with Berkeley’s account of the perception of outward distance. This paper argues that this theory is both untenable and inconsistent with fundamental Humean principles. It explains why Hume should have rejected the two arguments against the idea of a vacuum and why accepting ideas of vacua would have been more in line with the rest of his thought than attempting to deny that we have any such ideas. (shrink)

Reid's Inquiry into the Human Mind on the Principles of Common Sense devotes more space to double vision than to any other topic. In what follows, I examine why this subject was so important to Reid and why he dealt with it as he did. I also consider whether his argument for his position begs the question against his main opponents, Berkeley and Robert Smith. I show that, as Reid presented it, it does, but that he could have said more (...) than he did in reply to Smith. My discussion of why double vision was important for Reid begins with an exposition of the relevance of the theory of vision for one of Reid's principal concerns in the Inquiry: the concern to respond to scepticism concerning our knowledge of an external world. I then turn to consider how Reid's account of double vision contributes to his epistemological realism and why the alternative account offered by Berkeley and Smith challenges it. (shrink)

: I argue that Condillac was committed to four mutually inconsistent propositions: that the mind is unextended, that sensations are modifications of the mind, that colours are sensations, and that colours are extended. I argue that this inconsistency was not just the blunder of a second-rate philosopher, but the consequence of a deep-seated tension in the views of early modern philosophers on the nature of the mind, sensation, and secondary qualities and that more widely studied figures, notably Condillac's contemporaries, Hume (...) and Reid, were not ultimately any more successful at developing an account of vision that unproblematically avoids the paradox. In passing, I take issue with Nicholas Pastore's account of how Condillac's Treatise on Sensations deals with the visual perception of form (in A Selective History of Theories of Visual Perception). (shrink)

This chapter examines what Hume and Reid had to say about what Reid called our intellectual powers: sensation, conception, perception, memory, abstraction, judgement, and reasoning. In the process it examines their opposed views on the nature of mind, on the representation of space and the spatiality of mental content, on temporal experience and the metaphysics of time, on the conception of non-existent objects, and on conceivability and possibility. The chapter critically examines what each had to say in his own defence (...) and what Reid had to say in opposition to Hume, and conjectures what Hume might have said in response to Reid. (shrink)

The claim that an information revolution is underway is scrutinized in this paper. Particular attention is given to the notions that new information technology will radically increase human choice and rationality in decision-making. The literature on informatics and technology is selectively reviewed in order to determine whether (1) the present use of technology seems to predict an increased choice and rationality in the future; (2) earlier technologies have had this effect; and (3) past social predictions of this type have proven (...) generally correct. We reach a mixed or negative conclusion in every case. Although the possibility of an information revolution cannot be dismissed, neither can it be readily accepted at this point unless we significantly diminish what is normally meant by a ‘revolution’. (shrink)

This chapter on classical empiricism is divided into three sections, namely, absolutism, idealism, and memory. Presentism poses a particular problem for the empiricist view that the idea of time arises from people's experience of the succession of their ideas. The view that time passes independently of the succession of ideas was shared by canonically empiricist philosophers, such as Gassendi, Locke, and Newton. The idea of time arises from a compound impression that consists of successively disposed simple impressions – impressions that (...) may be identical in all respects but for their manner of disposition, and that may be disposed on either side of an unoccupied gap. People's experience is not confined to the present moment. The truly radical implication is that the past is not destroyed. It persists, not into the present by way of a trace or echo, but in the past, which continues to be visible to consciousness. (shrink)

It might seem inappropriate to describe Kant as an empiricist. He believed, contrary to the basic empiricist principle, that there are nontrivial propositions that can be known independently of experience. He devoted virtually all of his efforts as a researcher to discovering how it is possible for us to have this "synthetic a priori" knowledge. However, Kant also believed that there are some things that we can know only through sensory experience. Though he did not give these empirical propositions the (...) attention he lavished on their a priori companions, they are both numerous and significant. The purpose of this article is to examine the role of empirical elements in Kant's thought, and to expand on some of the implications that a due appreciation of this empiricism has for the interpretation of his positions on causality, the systematic unity of laws, and realism. In the process a pair of hitherto neglected Kantian notions will come up for close scrutiny: those of affinity and of the exponent of a rule. (shrink)

Reid declared Hume's appeal to variation in the magnitude of a table with distance to be the best argument that had ever been offered for the ‘ideal hypothesis’ that we experience nothing but our own mental states. Reid's principal objection to this argument fails to apply to minimally visible points. He did establish that we have reason to take our perceptions to be caused by external objects. But his case that we directly perceive external objects is undermined by what Hume (...) had to say about the role played by color in our perception of the primary qualities of bodies. (shrink)

Drawing on work done by Helmholtz, I argue that Reid was in no position to infer that objects appear as if projected on the inner surface of a sphere, or that they have the geometric properties of such projections even though they do not look concave towards the eye. A careful consideration of the phenomena of visual experience, as further illuminated by the practice of visual artists, should have led him to conclude that the sides of visible appearances either look (...) straight, in which case their angles appear to approximate Euclidean measures, or their angles do not appear to approximate Euclidean measures for straight line figures, in which case their sides do not look straight. (shrink)

This paper reviews Hume's arguments concerning space and time in the second part of the first book of the _Treatise_. It is argued that Hume's views on the finite divisibility of our ideas of space and time and on space and time as manners of disposition are coherent and well-defended. The same cannot be said about his views on vacuum and the impossibility of temporal passage in the absence of change.

Hume's scepticism about the ability of demonstrative reasoning to justify many of our most common and important beliefs, such those concerning the connection between causes and effects, does not sit well with his tendency to make normative claims about which beliefs we ought to accept. I argue that Hume's naturalist account of the causes of belief is nonetheless rich enough to provide for normative assessments of belief and even for the modification of beliefs in light of these assessments. I argue, (...) moreover, that far from interfering with his normative claims, Hume's appeals to the force of sceptical arguments are essential premises for this result. (shrink)