This book analyzes the general structure of constitutional rights reasoning under the Geman Basic Law. It deals with a wide range of problems common to all systems of constitutional rights review. In an extended introduction the translator argues for its applicability to the British Constitution, with particular reference to the Human Rights Act 1998.

A series of cases, some of them with a high media profile, suggest that freedom of religion or belief in the United Kingdom is being undermined by the operation of new equality laws. This article outlines the constitutional context for liberty and equality rights as well as the main ways in which religious liberty is secured by and within equality law. However, British equality law puts pressure on religious liberty in four ways: it confines the relevance of ‘religion’ to limited (...) social contexts; it creates a priority for equality-perspectives over liberty-perspectives on social conflict; it generates new social assumptions about what individuals have to believe and say if they are to be trusted to uphold the law; it provides legitimation for the imposition of contested comprehensive equality doctrines, some of which are inimical to civil liberty. In response, it is important to emphasise the role of equality law as a tool to secure mutual toleration and equal rights in the face of religious and ethical disagreement. (shrink)

Modern theorists often use Immanuel Kant's work to defend the normative primacy of human rights and the necessity of institutionally autonomous forms of global governance. However, properly understood, his law of nations describes a loose and noncoercive confederation of republican states. In this way, Kant steers a course between earlier natural lawyers such as Grotius, who defended just-war theory, and visions of a global unitary or federal state. This substantively mundane claim should not obscure a more profound contribution to the (...) science of international law. Kant demonstrates that his concept of law forms part of a logical framework by which to ascertain the necessary institutional characteristics of the international legal order. Specifically, his view is that the international legal order can only take a noncoercive confederated form as its subjects become republican states and that in these circumstances law can exist without a global state. Put another way, Kant argues that if we get state-building right, the law of nations follows. CN - 58005245. (shrink)

This article argues that Wolterstorff’s concept of rights is ambiguous between the interest and will theories. It provides possible reconstructions and points towards a more suitable third concept theologically grounded in an account of humans as constituted relationally, juridically and eternally.

ABSTRACTAt first sight, the work of the German legal philosopher and constitutional theorist, Robert Alexy, appears to offer a welcome counter-example to the general insulation of Anglo-American ju...

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin’s poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s. William McNeill and Julia Davis’s recent translation of the “Ister”— volume —is the first of the Hölderlin lectures to appear in English.

Between 1934 and 1942 Heidegger delivered three series of lectures on Hölderlin's poetry. The discussion of “Der Ister” was the last of these, although Heidegger continued to think and write about Hölderlin into the 1960s (see GA 4). William McNeill and Julia Davis's recent translation of the “Ister”—volume (GA 53)—is the first of the Hölderlin lectures to appear in English.

Ever since The Origin of Species, but increasingly in recent years, parallels and analogies have been drawn between biological and cultural evolution, and methods, concepts, and theories that have been developed in evolutionary biology have been used to explain aspects of human cultural change (e.g., Muller 1870; Darwin [1871] 2003; Pitt-Rivers 1875; James 1880; Huxley 1955; Gerard et al. 1956; Campbell 1975; Cavalli-Sforza and Feldman 1981; Durham 1992; Henrich and McElreath 2003; Mesoudi et al. 2004, 2006; Boyd and (...) Richerson 2005; Richerson and Boyd 2005). Many others, however, while accepting the need for some form of evolutionary approach to culture, have consistently emphasized the differences between biological and cultural evolution (e.g., Gabora 2004; Sperber and Claidiere 2006; Tëmkin and Eldredge 2007), with these differences often presented as being problematic for existing evolutionary analyses of culture. Here I argue that this is largely a false debate, given that its protagonists agree on the majority of key points. Apparent disagreement may stem partly from simple differences in emphasis, and partly from the diversity of both biological and cultural evolutionary processes. (shrink)

This article imagines an alternative outcome to Hegel’s life-and-death struggle for recognition, one commensurate with Derrida’s critique of Hegel’s allegedly reserved negativity. Rather than pro-ducing lord and bondsman, the struggle is shown to be capable of producing a host and a guest, operating under the relation of hos-pitality. Pitt-Rivers’s reinterpretation of Boas’s classic ethnographic account of Inuit hospitality provides a model for the emergence of the alternative outcome. Derrida’s equation of deconstruction with hospitality illustrates its fundamental differences from (...) Hegelian dialectics, expanding the significance of the struggle and its out-comes to the meaning of Hegel’s philosophy as a whole. (shrink)

"Time and the Museum: Literature, Phenomenology, and the Production of Radical Temporality, is the first explicit in-depth study of the nature of museum temporality. It argues as its departure point that the way in which museums have hitherto been understood as temporal in the scholarship - as spaces of death, othering, memory and history - is too simplistic, and has resulted in museum temporality being reduced to a strange heterotopia (Foucault) - something peculiar, and thus black boxed. However, to understand (...) the ways in which museum temporalities and timescapes are produced, and the consequences that these have upon display and visitor response, is crucial, because time is itself a political entity, with ethical consequence. Time and the Museum highlights something we all experience in some way - time - as a key ethical and political feature of the museum space. Utilizing the fields of literature and phenomenology, the book examines how time is experienced and performed in the public areas of three museum spaces within Oxford - the Ashmolean, Pitt Rivers, and Oxford University Museum of Natural History. Using concepts such as shape, structure, form, presence, absence, authenticity and aura, the book argues for a reconsideration of museum time as something with radical potential and political weight. It will appeal to academics and post"--. (shrink)

Historians of the eugenics movement have long been ambivalent in their examination of the links between British hereditary researchers and Nazi Germany. While there is now a clear consensus that American eugenics provided significant material and ideological support for the Germans, the evidence remains less clear in the British case where comparatively few figures openly supported the Nazi regime and the left-wing critique of eugenics remained particularly strong. After the Second World War British eugenicists had to push back against the (...) accusation that their science was intrinsically dictatorial or totalitarian and, as a result, many of their early perceptions of the Nazis were ignored or rationalised away. Further, historians in recent years have focused more directly on the social reformist elements of eugenics, discussing the links between hereditary science and the birth control and feminist movements in addition to others. While undoubtedly making valuable contributions to the scholarly understanding of the eugenic milieu in the interwar years, these studies have neglected to recontextualize the sentiments of British eugenicists who did indeed view the Nazi government positively in the early years of the 1930s. This article argues that there was a significant, though not numerically sizable, faction in the British eugenics movement, though mostly outside the Eugenics Society itself, in the early 1930s that viewed the Nazi Germany as an admirable state for its implementation of eugenic principles. One of these figures was later interned by his own government for being too closely aligned with the German regime, though he argued that this affinity was driven by the quest for scientific truth rather than politics. Eugenics in Britain thus contained a greater diversity of views toward Germany than scholars have previously assumed, warranting more research into the individuals and organizations harbouring these views. (shrink)

A number of philosophers endorse, without argument, the view that there’s something it’s like consciously to think that p, which is distinct from what it’s like consciously to think that q. This thesis, if true, would have important consequences for philosophy of mind and cognitive science. In this paper I offer an argument for it, and attempt to induce examples of it in the reader. The argument claims it would be impossible introspectively to distinguish conscious thoughts with respect to their (...) content if there weren’t something it’s like to think them. This argument is defended against several objections. Then I use what I call “minimal pair” experiences—sentences read without and with understanding—to induce in the reader an experience of the kind I claim exists. Further objections are considered and rebutted. (shrink)

Philosophy of Economics: A Contemporary Introduction is the first systematic textbook in the philosophy of economics. It introduces the epistemological, metaphysical and ethical problems that arise in economics, and presents detailed discussions of the solutions that have been offered. Throughout, philosophical issues are illustrated by and analysed in the context of concrete cases drawn from contemporary economics, the history of economic ideas, and actual economic events. This demonstrates the relevance of philosophy of economics both for the science of economics and (...) for the economy. This text will provide an excellent introduction to the philosophy of economics for students and interested general readers alike. (shrink)

This is a corrected version of the final proofs. I've fixed a number of typos, and corrected a blunder in chapter 4. In chapter 4 I say that 'this is this' is analytic, and 'this is not this' is antonymous. This is inconsistent with what I say in chapter 5, and not what I actually think. Rather, 'this is this' is taugologous, and 'this is not this' is contradictory. Analyticity and autnonmy are sense properties while tautologousness and contradictoriness are formal (...) logical properties. Heading, ToC and Index updated accordingly. (Oxford will make these corrections in their online version and in future print runs.). (shrink)

What is the correct concept behind measures of inflation? Does money cause business activity or is it the other way around? Shall we stimulate growth by raising aggregate demand or rather by lowering taxes and thereby providing incentives to produce? Policy-relevant questions such as these are of immediate and obvious importance to the welfare of societies. The standard approach in dealing with them is to build a model, based on economic theory, answer the question for the model world and then (...) apply the results to economic phenomena outside. Data come in, if at all, only in testing a limited number of the model's consequences. Despite some critical voices, economic methodology too has by and large subscribed to a "theory first" approach to applied economics. Error in Economics systematically develops an alternative to the theory-based orthodoxy. It places the methodical study of evidence at the centre of the scientific enterprise and thus provides a foundation for a methodology of evidence-based economics. But the book does not stop at the truism that claims should be based on the best available evidence. Rather, detailed studies in the areas of measurement, causal inference and policy analysis show what it means for a claim to be evidence-based in the context of a concrete case. The examples discussed concern topics as diverse as consumer price indices, radio spectrum auctions, the transmission mechanism, natural experiments on minimum wages and the evaluation of counterfactuals for policy. Error in Economics is essential reading for economic methodologists, philosophers of science and anyone interested in how claims about socio-economic matters are validated. (shrink)

Some analytic philosophers have recently been defending the thesis that there’s “something it’s like” to consciously think a particular thought, which is qualitatively different from what it’s like to be in any other kind of conscious mental state and from what it’s like to think any other thought, and which constitutes the thought’s intentional content. (I call this the “intentional phenomenology thesis”). One objection to this thesis concerns the introspective availability of such content: If it is true that intentional phenomenology (...) is constitutive of intentional content, and that conscious phenomenology is always introspectively available, then it ought to be true that the content of any concept consciously entertained is always introspectively available. But it is not. For example, one can know introspectively that one is thinking that one knows that p without knowing introspectively what the content of the concept of knowledge is. Hence, it cannot be that intentional content is constituted by cognitive phenomenology. -/- I explore three responses to this objection. First, it is not clear that all of the contents of consciousness must be equally available to introspection. The capacities for conscious experience and introspective attention to it are distinct. It is not implausible that the resolving power of the latter might be insufficient to discern all of the fine-grained details of the former, or that its scope might be limited. Second, it is possible that in cases of incomplete accessibility one is entertaining only part of the concept the relevant term expresses in one’s language. In the knowledge case, for example, perhaps one is thinking only that one has justified true belief that p (one’s self-attribution of a thought about knowledge is in fact false). Finally, in such cases one might be consciously entertaining only part of the relevant concept, the rest remaining unconscious, and so unavailable to conscious introspection. I conclude that the objection is not decisive against the intentional phenomenology thesis. (shrink)

ABSTRACTTaking some controversial claims philosopher Jason Brennan makes in his book Against Democracy as a starting point, this paper argues in favour of two theses: There is No Such Thing as Superior Political Judgement; There Is No Such Thing as Uncontroversial Social Scientific Knowledge. I conclude that social science experts need to be kept in check, not given more power.

Francesco Guala once wrote that ‘The problem of extrapolation is a minor scandal in the philosophy of science’. This paper agrees with the statement, but for reasons different from Guala’s. The scandal is not, or not any longer, that the problem has been ignored in the philosophy of science. The scandal is that framing the problem as one of external validity encourages poor evidential reasoning. The aim of this paper is to propose an alternative—an alternative which constitutes much better evidential (...) reasoning about target systems of interest, and which makes do without consideration of external validity. (shrink)

The publication of the first study to use gene editing techniques in human embryos (Liang et al., 2015) has drawn outrage from many in the scientific community. The prestigious scientific journals Nature and Science have published commentaries which call for this research to be strongly discouraged or halted all together (Lanphier et al., 2015; Baltimore et al., 2015). We believe this should be questioned. There is a moral imperative to continue this research.

Two approaches to evidential reasoning compete in the biomedical and social sciences: the experimental and the pragmatist. Whereas experimentalism has received considerable philosophical analysis and support since the times of Bacon and Mill, pragmatism about evidence has been neither articulated nor defended. The overall aim is to fill this gap and develop a theory that articulates the latter. The main ideas of the theory will be illustrated and supported by a case study on the smoking/lung cancer controversy in the 1950s.

This paper presents arguments that challenge what I call the fact/value separability thesis: the idea, roughly, that factual judgements can be made independently of judgements of value. I will look at arguments to the effect that facts and values are entangled in the following areas of the scientific process in economics: theory development, economic concept formation, economic modelling, hypothesis testing, and hypothesis acceptance.

This study investigates antecedents of corporate social responsibility in multinational corporations' subsidiaries. Using stakeholder theory and institutional theory that identify internal and external pressures for legitimacy in MNCs' subsidiaries, we integrate international business and CSR literatures to create a model depicting CSR practices in MNCs' subsidiaries. We propose that MNCs' subsidiaries will be likely to adapt to local practices to legitimize themselves if they operate in host countries with different institutional environments and demanding stakeholders. We also predict that MNCs' subsidiaries (...) will be likely to adapt to local practices to avoid spillover effects if their parent companies suffer major legitimacy problems at home or abroad. However, we speculate that MNCs' subsidiaries will be less likely to adapt to local practices if they are strongly annexed to their parent companies and the benefit to gain internal legitimacy outweighs external legitimacy. This article contributes to the discourse on CSR across borders by exploring the antecedents of CSR practices in MNCs' subsidiaries at social and organizational levels, and integrating institutional and stakeholder views. We provide a number of propositions for future studies and explore implications for practitioners. (shrink)

All univocal analyses of causation face counterexamples. An attractive response to this situation is to become a pluralist about causal relationships. "Causal pluralism" is itself, however, a pluralistic notion. In this article, I argue in favor of pluralism about concepts of cause in the social sciences. The article will show that evidence for, inference from, and the purpose of causal claims are very closely linked. Key Words: causation • pluralism • evidence • methodology.

In this paper we make a proposal for reforming biomedical research that is aimed to align re-search more closely with the so-called fair-share principle according to which the proportions of global resources as-signed to different diseases should agree with the ratios of human suffering associated with those diseases.

In this paper we make a proposal for reforming biomedical research that is aimed to align re-search more closely with the so-called fair-share principle according to which the proportions of global resources as-signed to different diseases should agree with the ratios of human suffering associated with those diseases.

In this book, Reiss argues in favor of a tight fit between evidence, concept and purpose in our causal investigations in the sciences. There is no doubt that the sciences employ a vast array of techniques to address causal questions such as controlled experiments, randomized trials, statistical and econometric tools, causal modeling and thought experiments. But how do these different methods relate to each other and to the causal inquiry at hand? Reiss argues that there is no "gold standard" in (...) settling causal issues against which other methods can be measured. Rather, the various methods of inference tend to be good only relative to certain interpretations of the word "cause", and each interpretation, in turn, helps to address some salient purpose but not others. The main objective of this book is to explore the metaphysical and methodological consequences of this view in the context of numerous cases studies from the natural and social sciences. (shrink)

Jeffrey Friedman’s Power Without Knowledge argues forcefully that there are inherent limitations to the predictability of human action, due to a circumstance he calls “ideational heterogeneity.” However, our resources for predicting human action somewhat reliably in the light of ideational heterogeneity have not been exhausted yet, and there are no in-principle barriers to progress in tackling the problem. There are, however, other strong reasons to think that disagreement among epistocrats is bound to persist, such that it will be difficult to (...) decide who has “the right answer” to a given technocratic problem. These reasons have to do with competing visions of the good society, fact/value entanglement, and the fragility of the facts of the social sciences. (shrink)

A recent movement in the social sciences and philosophy of the social sciences focuses on mechanisms as a central analytical unit. Starting from a pluralist perspective on the aims of the social sciences, I argue that there are a number of important aims to which knowledge about mechanisms—whatever their virtues relative to other aims—contributes very little at best and that investigating mechanisms is therefore a methodological strategy with fairly limited applicability. Key Words: social science • mechanisms • explanation • critical (...) realism • methodology. (shrink)

One way to make philosophy of science more socially relevant is to attend to specific scientific practises that affect society to a great extent. One such practise is biomedical research. This paper looks at contemporary U.S. biomedical research in particular and argues that it suffers from important epistemic, moral and socioeconomic failings. It then discusses and criticises existing approaches to improve on the status quo, most prominently by Thomas Pogge (a political philosopher), Joseph Stiglitz (a Nobel-prize winning economist) and James (...) Robert Brown (a philosopher of science). Finally, it sketches an alternative proposal and argues for its superiority. The proposal has four components: changing the intellectual property regime; instituting independent clinical research; aligning innovators' and patients' interests; and enacting additional regulation. (shrink)