Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

This book analyses the general structure of constitutional rights reasoning under the German 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.

INTRODUCTION: REASON AND THE PASSIONS i. Philosophy? This same philosophy is a good horse in the stable, but an arrant jade on a journey. ...

Robert Stalnaker opposes the traditional view that knowledge of one's own current thoughts and feelings is the unproblematic foundation for all knowledge. He argues that we can understand our knowledge of our thoughts and feelings only by viewing ourselves from the outside, by seeing our inner lives as features of the world as it is in itself.

Where does the mind begin and end? Most philosophers and cognitive scientists take the view that the mind is bounded by the skull or skin of the individual. Robert Wilson, in this provocative and challenging 2004 book, provides the foundations for the view that the mind extends beyond the boundary of the individual. The approach adopted offers a unique blend of traditional philosophical analysis, cognitive science, and the history of psychology and the human sciences. The companion volume, Genes and (...) the Agents of Life, explores the theme in the biological sciences. Written with verve and clarity, this ambitious book will appeal to a broad swathe of professionals and students in philosophy, psychology, cognitive science, and the history of the behavioural and human sciences. You can download the table of contents here. (shrink)

In Overdoing Democracy, Robert B. Talisse turns the popular adage "the cure for democracy's ills is more democracy" on its head. Indeed, he argues, the widely recognized, crisis-level polarization within contemporary democracy stems from the tendency among citizens to overdo democracy. When we make everything--even where we shop, the teams we cheer for, and the coffee we drink--about our politics, we weaken our bonds to one another, and work against the fundamental goals of democracy. Talisse advocates civic friendship built (...) around shared endeavors that we must undertake with fellow citizens who do not necessarily share our political affinities as the best way we can obtain a healthier, more sustainable democracy. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis is (...) a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

The fact that Gilbert Ryle and J.L. Austin seem to disagree about the ordinary use of words such as ‘voluntary’, ‘involuntary’, ‘voluntarily’, and ‘involuntarily’ has been taken to cast doubt on the methods of ordinary language philosophy. As Benson Mates puts the worry, ‘if agreement about usage cannot be reached within so restricted a sample as the class of Oxford Professors of Philosophy, what are the prospects when the sample is enlarged?’ (Mates, Inquiry 1:161–171, 1958, p. 165). In this chapter, (...) we evaluate Mates’s criticism alongside Ryle’s and Austin’s specific claims about the ordinary use of these words, assessing these claims against actual examples of ordinary use drawn from the British National Corpus (BNC). Our evaluation consists in applying a combination of methods: first aggregating judgments about a large set of samples drawn from the corpus, and then using a clustering algorithm to uncover connections between different types of use. In applying these methods, we show where and to what extent Ryle’s and Austin’s accounts of the use of the target terms are accurate as well as where they miss important aspects of ordinary use, and we demonstrate the usefulness of this new combination of methods. At the heart of our approach is a commitment to the idea that systematically looking at actual uses of expressions is an essential component of any approach to ordinary language philosophy. (shrink)

Why does performing certain tasks cause the aversive experience of mental effort and concomitant deterioration in task performance? One explanation posits a physical resource that is depleted over time. We propose an alternative explanation that centers on mental representations of the costs and benefits associated with task performance. Specifically, certain computational mechanisms, especially those associated with executive function, can be deployed for only a limited number of simultaneous tasks at any given moment. Consequently, the deployment of these computational mechanisms carries (...) an opportunity cost – that is, the next-best use to which these systems might be put. We argue that the phenomenology of effort can be understood as the felt output of these cost/benefit computations. In turn, the subjective experience of effort motivates reduced deployment of these computational mechanisms in the service of the present task. These opportunity cost representations, then, together with other cost/benefit calculations, determine effort expended and, everything else equal, result in performance reductions. In making our case for this position, we review alternative explanations for both the phenomenology of effort associated with these tasks and for performance reductions over time. Likewise, we review the broad range of relevant empirical results from across sub-disciplines, especially psychology and neuroscience. We hope that our proposal will help to build links among the diverse fields that have been addressing similar questions from different perspectives, and we emphasize ways in which alternative models might be empirically distinguished. (shrink)

This book articulates and defends Fregean realism, a theory of properties based on Frege's insight that properties are not objects, but rather the satisfaction conditions of predicates. Robert Trueman argues that this approach is the key not only to dissolving a host of longstanding metaphysical puzzles, such as Bradley's Regress and the Problem of Universals, but also to understanding the relationship between states of affairs, propositions, and the truth conditions of sentences. Fregean realism, Trueman suggests, ultimately leads to a (...) version of the identity theory of truth, the theory that true propositions are identical to obtaining states of affairs. In other words, the identity theory collapses the gap between mind and world. This book will be of interest to anyone working in logic, metaphysics, the philosophy of language or the philosophy of mind. (shrink)

These are some of the central questions that Robert Proctor addresses in his study of the politics of modern science.

Why democracy? Most often this question is met with an appeal to some decidedly moral value, such as equality, liberty, dignity or even peace. But in contemporary democratic societies, there is deep disagreement and conflict about the precise nature and relative worth of these values. And when democracy votes, some of those who lose will see the prevailing outcome as not merely disappointing, but morally intolerable. How should citizens react when confronted with a democratic result that they regard as intolerable? (...) Should they revolt, or instead pursue democratic means of social change? In this book, Robert Talisse argues that each of us has reasons to uphold democracy - even when it makes serious moral errors - and that these reasons are rooted in our most fundamental epistemic commitments. His original and compelling study will be of interest to a wide range of readers in political philosophy and political theory. (shrink)

In this significant contribution to Hegel scholarship, Robert Williams develops the most comprehensive account to date of Hegel's concept of recognition. Fichte introduced the concept of recognition as a presupposition of both Rousseau's social contract and Kant's ethics. Williams shows that Hegel appropriated the concept of recognition as the general pattern of his concept of ethical life, breaking with natural law theory yet incorporating the Aristotelian view that rights and virtues are possible only within a certain kind of community. (...) He explores Hegel's intersubjective concept of spirit as the product of affirmative mutual recognition and his conception of recognition as the right to have rights. Examining Hegel's Jena manuscripts, his _Philosophy of Right_, the _Phenomenology of Spirit_, and other works, Williams shows how the concept of recognition shapes and illumines Hegel's understandings of crime and punishment, morality, the family, the state, sovereignty, international relations, and war. A concluding chapter on the reception and reworking of the concept of recognition by contemporary thinkers including Derrida, Levinas, and Deleuze demonstrates Hegel's continuing centrality to the philosophical concerns of our age. (shrink)

Robert R. Williams offers a bold new account of divergences and convergences in the work of Hegel and Nietzsche. He explores four themes - the philosophy of tragedy; recognition and community; critique of Kant; and the death of God - and explicates both thinkers' critiques of traditional theology and metaphysics.

John Hawthorne in a recent paper takes issue with Lewisian accounts of counterfactuals, when relevant laws of nature are chancy. I respond to his arguments on behalf of the Lewisian, and conclude that while some can be rebutted, the case against the original Lewisian account is strong.I develop a neo-Lewisian account of what makes for closeness of worlds. I argue that my revised version avoids Hawthorne’s challenges. I argue that this is closer to the spirit of Lewis’s first (non-chancy) proposal (...) than is Lewis’s own suggested modification. (shrink)

Theodor W. Adorno was a major twentieth-century philosopher and social critic whose writings on oppositional culture in art, music, and literature increasingly stand at the center of contemporary intellectual debate. In this excellent collection, Robert Hullot-Kentor, widely regarded as the most distinguished American translator and commentator on Adorno, gathers together sixteen essays he has written about the philosopher over the past twenty years. The opening essay, "Origin Is the Goal," pursues Adorno's thesis of the dialectic of enlightenment to better (...) understand the urgent social and political situation of the United States. "Back to Adorno" examines Adorno's idea that sacrifice is the primordial form of human domination; "Second Salvage" reconstructs Adorno's unfinished study of the transformation of music in radio transmission; and "What Is Mechanical Reproduction" revisits Adorno's criticism of Walter Benjamin. Further essays cover a broad range of topics: Adorno's affinities with Wallace Stevens and Nabokov, his complex relationship with Kierkegaard and psychoanalysis, and his critical study of popular music. Many of these essays have been revised, with new material added that emphasizes the relevance of Adorno's thought to the United States today. _Things Beyond Resemblance_ is a timely and richly analytical collection crucial to the study of critical theory, aesthetics, continental philosophy, and Adorno. (shrink)

A general survey of Frege's views on truth, the paper explores the problems in response to which Frege's distinctive view that sentences refer to truth-values develops. It also discusses his view that truth-values are objects and the so-called regress argument for the indefinability of truth. Finally, we consider, very briefly, the question whether Frege was a deflationist.

A revised edition of an undergraduate text for students in history of psychology courses. Designed for one semester, covers: the history of psychology in ancient philosophy, structuralism, neurophysiology, functionalism, behaviorism, psychoanalysis, and gestalt theories. The new edition has expanded.

The paper is an interpretation and defense of Kant's conception of things in themselves as noumena, along the following lines. Noumena are transempirical realities. As such they have several important roles in Kant's critical philosophy (Section 1). Our theoretical faculties cannot obtain enough content for a conception of noumena that would assure their real possibility as objects, but can establish their merely formal logical possibility (Sections 2-3). Our practical reason, however, grounds belief in the real possibility of some noumena, and (...) even knowledge of the noumenal reality of a free will (Section 4). Section 5 defends Kant's conception of noumena as a good piece of philosophy, particularly with respect to its distinction between logical and real possibility. Are noumena numerically identical with experienced (phenomenal) objects? Kantian principles yield the answers that human selves are, God isn't, and it's harder to say about bodies (Section 6). (shrink)

" In Democratic Hope, Robert B. Westbrook examines the varieties of classical pragmatist thought in the work of John Dewey, William James, and Charles Peirce, ...

Some of the most important contributions to animal ethics over the past decade or so have come from political, as opposed to moral, philosophers. As such, some have argued that there been a ‘political turn’ in the field. If there has been such a turn, it needs to be shown that there is something which unites these contributions, and which sets them apart from previous work. We find that some of the features which have been claimed to be shared commitments (...) of the turn are contested by key theorists working in the field. We also find that the originality of the turn can be exaggerated, with many of their ideas found in more traditional animal ethics. Nonetheless, we identify one unifying and distinctive feature of these contributions: the focus on justice; and specifically, the exploration of how political institutions, structures and processes might be transformed so as to secure justice for both human and nonhuman animals. (shrink)

My aim in this article is twofold. First, I will illuminate the triangular conceptual connections between responsibility, authority, and power as they are exposed in the organizational realm; second, I will show how the three concepts are distinct. Relying on the work of Peter Strawson and his followers on responsibility for my point of departure, I will show that the connection between the inner corporational authority and its inner matching responsibility is different from the connection between the outer corporational forces (...) and influences and the CSR that they develop in reaction to these. This will expose another important distinction between two kinds of responsibility: the organizational kind, as instantiated in organizations, and the social kind, which constitutes the outer aspect of the CSR. Though many thinkers address different kinds of responsibility, a comparative perspective of these different concepts is missing. I attempt to bring three of these separate discourses together to examine them alongside one another, evaluating them in the light of their differences and similarities. This will expose a new typology of ‘responsibility’ that penetrates and illuminates the relations between corporations and society and as such enhance our understanding of organizational responsibility. (shrink)

Law's Ideal Dimension provides a comprehensive account in English of renowned legal theorist Robert Alexy's understanding of jurisprudence, as expanded upon from his publications A Theory of Legal Argumentation (OUP 1989), A Theory of Constitutional Rights (OUP 1985), and The Argument fromInjustice (OUP 1992).The collection is divided into three parts. Part One concerns the nature of law: it explores its real and ideal dimensions and how the ideal dimension of law is sometimes employed but does not play a systematically (...) important role. Part Two discusses constitutional rights, human rights, andproportionality. It defends the construction of constitutional rights as principles against objections raised by the rule construction and elaborates on the nature of constitutional rights as well as the mathematical balancing of those rights. Part Three concerns the relation between argumentation,correctness, and law. The author concludes this volume with a biographical reflection. (shrink)

The causal argument for physicalism is anayzed and it's key premise--the causal closure of physics--is found wanting. Therefore, a hidden premise must be added to the argument to gain its conclusion, but the hidden premise is indistinguishable from the conclusion of the causal argument. Therefore, it begs the question on physicalism.

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion against (...) rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

The development of machine learning and deep learning (DL) in the field of AI (artificial intelligence) is the direct result of the advancement of nano-electronics. Machine learning is a function that provides the system with the capacity to learn from data without being programmed explicitly. It is basically a mathematical and probabilistic model. DL is part of machine learning methods based on artificial neural networks, simply called neural networks (NNs), as they are inspired by the biological NNs that constitute organic (...) brains. Despite its similarity to biological organs such as human brains, major problems arise in trying to attribute moral responsibility to autonomic systems based on hardware including nano-electronic devices, which are sought to replace humans (moral agents) in the context of AI. It is suggested that the required emotional environment which enables actions according to reasons in humans is not witnessed at AI devices. Though AI technology raises an enticing resemblance to human actions, this resemblance is to be considered with a skeptical eye. It is because actions are associated with reasons while causes are connected to operations. Human agents are capable of acting upon their reasons, while AI devices are limited only to operations as they are conditioned by their programming, which is considered as an embodiment of some causes. As moral responsibility goes hand in hand with the capacity to act (according to reasons), attributing moral responsibility to AI devices is revealed to be but a misleading metaphor. (shrink)

Friedrich Nietzsche is one of the most popular and controversial philosophers of the last 150 years; his popular appeal surpasses any philosopher who came after him. Yet as Robert Solomon shows, never has a thinker been more misunderstood. Solomon shows us that in fact the 'real' Nietzsche has tremendous value for the modern seeker and is not the dark figure some have made him. Solomon brings out Nietzsche's view of a successful inner life, the notion of 'passionate inwardness', deep (...) emotions, exquisite taste, and personla virtue, energy, vibrancy, and enthusiasm, overturning long-heldviews of the seminal thinker in the process. (shrink)

Robert C. Neville, Dean of Theology and Professor of Philosophy, Boston University, in his comments on Chuang-Tzu for Spiritual Transformation for the State University of New York press: ‘The present outstanding volume by Robert Allinson ... initiates a new direction ... His new direction for understanding Chuang-Tzu is his comprehensive and detailed argument that Chuang Tzu was advocating an ideal of sageliness. Whereas many interpreters have claimed that Chuang Tzu used his metaphorical language to defend a relativism, Allinson (...) shows with convincing mastery that Chuang Tzu had a position, namely, the importance of achieving the ideal of sageliness ... he brings the discussion of Chuang Tzu into the heart of contemporary Western philosophy. Professor Allinson’s book, like his many articles, contributes to the growing body of literature that is creating an effective dialogue between Chinese and Western philosophy. The sophistication of this book demonstrates that the dialogue has worked and that we are in a new era of substantive comparative philosophy ... he also makes a substantial contribution to the philosophy of religion. Currently in its 8th impression, "Chuang-Tzu for Spiritual Transformation: An Analysis of the Inner Chapters" has been translated into Chinese and Korean. This book offers a fundamentally new interpretation of the philosophy of the Chuang-Tzu. It is the first full-length work of its kind which argues that a deep level cognitive structure exists beneath an otherwise random collection of literary anecdotes, cryptic sayings, and dark allusions. The author carefully analyzes myths, legends, monstrous characters, paradoxes, parables and linguistic puzzles as strategically placed techniques for systematically tapping and channeling the spiritual dimensions of the mind. Allinson takes issue with commentators who have treated the Chuang-Tzu as a minor foray into relativism. Chapter titles are re-translated, textual fragments are relocated, and inauthentic, outer miscellaneous chapters are carefully separated from the transformatory message of the authentic, inner chapters. Each of the inner chapters is shown to be a building block to the next so that they can only be understood as forming a developmental sequence. In the end, the reader is presented with a clear, consistent and coherent view of the Chuang-Tzu that is more in accord with its stature as a major philosophical work. (shrink)

Is faith that p compatible with disbelief that p? I argue that it is. After surveying some recent literature on the compatibility of propositional and non-propositional forms of faith with the lack of belief, I take the next step and offer several arguments for the thesis that both these forms of faith are also compatible, in certain cases, with outright disbelief. This is contrary to the views of some significant recent commentators on propositional faith, including Robert Audi and Daniel (...) Howard-Snyder. The primary argument revolves around the possibility of maintaining a single faith through drastic changes in cognitive attitude. I argue that once we allow that propositional faith is compatible with weaker cognitive attitudes than belief, such as acceptance or assent, there is prima facie reason to consider propositional faith as sometimes compatible with disbelief. I then consider objections and offer some final reflections on the significance of the thesis. (shrink)

Die blosse Redensart "ich nehme x wahr" ist schon aus der physikalischen Ausdrucksweise genommen und x soll hier ein physikalischer Gegenstand—z.B. ein Körper—sein. Es ist schon falsch, diese Redeweise in der Phänomenologie zu verwenden, wo dann x ein Datum bedeuten muss. Denn nun kann auch "ich" und "nehme wahr" nicht den Sinn haben, wie oben.