Introduction: From legal realism to naturalized jurisprudence -- A note on legal indeterminacy -- Part I. American legal realism and its critics -- Rethinking legal realism: toward a naturalized jurisprudence (1997) -- Legal realism and legal positivism reconsidered (2001) -- Is there an "American" jurisprudence? (1997) -- Postscript to Part I: Interpreting legal realism -- Part II. Ways of naturalizing jurisprudence -- Legal realism, hard positivism, and the limits of conceptual analysis (1998, 2001) -- Why Quine is not a postmodernist (...) (1997) -- Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence (2003) -- Part III. Naturalism, morality, and objectivity -- Moral facts and best explanations (2001) -- Objectivity, morality, and adjudication (2001) -- Law and objectivity (2002). (shrink)

In this paper, I will argue that there is a version of possibilism—inspired by the modal analogue of Kit Fine’s fragmentalism—that can be combined with a weakening of actualism. The reasons for analysing this view, which I call Modal Fragmentalism, are twofold. Firstly, it can enrich our understanding of the actualism/possibilism divide, by showing that, at least in principle, the adoption of possibilia does not correspond to an outright rejection of the actualist intuitions. Secondly, and more specifically, it can enrich (...) our understanding of concretism, by proving that, at least in principle, the idea that objects have properties in an absolute manner is compatible with transworld identity. (shrink)

This volume capitalizes on a growth of interest in Nietzsche's work on morality from two sides -- from scholars of the history of philosophy and from ...

BRIAN LEITER; Is There An ‘American’ Jurisprudence?, Oxford Journal of Legal Studies, Volume 17, Issue 2, 1 July 1997, Pages 367–387, https://doi.org/10.1093/oj.

Gils-Schmidt and Salloch recognise that human and climate health are inextricably linked, and that mitigating healthcare-associated climate harms is essential for protecting human health.1 They argue that physicians have a duty to consider how their own practices contribute to climate change, including during their interactions with patients. Acknowledging the potential for conflicts between this duty and the provision of individual patient care, they propose the application of Korsgaard’s neo-Kantian account of practical identities to help navigate such scenarios. In this commentary, (...) we argue that by focusing attention on this physician–patient level, the authors overlook the complexity of climate change, both within the healthcare sector and beyond. We recognise the importance of individual agency in tackling this issue, and we also recognise that the authors do briefly acknowledge the importance of considering these broader complexities; however, we emphasise the need for climate and health discussions/action to be situated in a wider framework of systemic change. Our concern is that overemphasis on patient-level interactions risks normalising the prioritisation of individual-level approaches to addressing climate change, detracting from such a broader approach. Physician training emphasises the need for trust, confidentiality and shared decision-making in the doctor–patient relationship. …. (shrink)

The latest volume in the Oxford Readings in Philosophy series, this work brings together some of the best and most influential recent philosophical scholarship on Nietzsche. Opening with a substantial introduction by John Richardson, it covers: Nietzsche's views on truth and knowledge, his 'doctrines' of the eternal recurrence and will to power, his distinction between Apollinian and Dionysian art, his critique of morality, his conceptions of agency and self-creation, and his genealogical method. For each of these issues, the papers show (...) Nietzsche's continuing philosophical importance. Giving a clear and accessible overview, while retaining an analytical philosophical approach throughout, this volume is essential reading for all students of Nietzsche. (shrink)

This article challenges the association between realist methodology and ideals of legitimacy. Many who seek a more “realistic” or “political” approach to political theory replace the familiar orientation towards a state of justice with a structurally similar orientation towards a state of legitimacy. As a result, they fail to provide more reliable practical guidance, and wrongly displace radical demands. Rather than orienting action towards any state of affairs, I suggest that a more practically useful approach to political theory would directly (...) address judgments, by comparing the concrete possibilities for action faced by real political actors. (shrink)

The controversy over the equivalence of continuous sedation until death (CSD) and physician-assisted suicide/euthanasia (PAS/E) provides an opportunity to focus on a significant extended use of CSD. This extension, suggested by the equivalence of PAS/E and CSD, is designed to promote additional patient autonomy at the end-of-life. Samuel LiPuma, in his article, “Continuous Sedation Until Death as Physician-Assisted Suicide/Euthanasia: A Conceptual Analysis” claims equivalence between CSD and death; his paper is seminal in the equivalency debate. Critics contend that sedation (...) follows proportionality protocols for which LiPuma’s thesis does not adequately account. Furthermore, sedation may not eliminate consciousness, and as such LiPuma’s contention that CSD is equivalent to neocortical death is suspect. We not only defend the equivalence thesis, but also expand it to include additional moral considerations. First, we explain the equivalence thesis. This is followed by a defense of the thesis against five criticisms. The third section critiques the current use of CSD. Finally, we offer two proposals that, if adopted, would broaden the use of PAS/E and CSD and thereby expand options at the end-of-life. (shrink)

A remarkable number of Nietzsche's substantive moral psychological views have been borne out by evidence from the empirical sciences. Moral judgments are products of affects on Nietzsche's view, but the latter are in turn causally dependent upon more fundamental features of the individual. Nietzsche accepts a doctrine of types. The path is short from the acceptance of the Doctrine of Types to the acceptance of epiphenomenalism, as Leiter, and more recently, Riccardi argue. This chapter explains Nietzsche's phenomenological account of (...) willing, which serves as independent motivation for the view that Nietzsche denies the causal efficacy of conscious acts of willing. It also explores that in spite of an absence of volitional freedom, self‐control can be usefully understood on a strength‐model of motivational resources. The chapter concludes with a brief discussion of how Nietzsche, without employing the contemporary methods of empirical psychology, could nonetheless be such a prescient moral psychologist. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

This Handbook will be an essential reference point for graduate students and professional academics working on continental philosophy, as well as those with an ...

According to Aristotle, the medical art aims at health, which is a virtue of the body, and does so in an unlimited way. Consequently, medicine does not determine the extent to which health should be pursued, and “mental health” falls under medicine only via pros hen predication. Because medicine is inherently oriented to its end, it produces health in accordance with its nature and disease contrary to its nature—even when disease is good for the patient. Aristotle’s politician understands that this (...) inherent orientation can be systematically distorted, and so would see the need for something like the Hippocratic Oath. (shrink)

This comprehensive, historically organized introduction to philosophy communicates the richness of the discipline and provides the student with a working knowledge of the development of Western philosophy. New co-author James Fieser has brought this classic text up-to-date both chronologically and stylistically while preserving the thoughtful, conceptual characteristics that have made it so successful. The text covers all periods of philosophy, lists philosophers alphabetically and chronologically on the end-papers, and features an exceptional glossary of key concepts.

Most democratic theorists agree that concentrations of wealth and power tend to distort the functioning of democracy and ought to be countered wherever possible. Deliberative democrats are no exception: though not its only potential value, the capacity of deliberation to ‘neutralise power’ is often regarded as ‘fundamental’ to deliberative theory. Power may be neutralised, according to many deliberative democrats, if citizens can be induced to commit more fully to the deliberative resolution of common problems. If they do, they will be (...) unable to get away with inconsistencies and bad or private reasons, thereby mitigating the illegitimate influence of power. I argue, however, that the means by which power inflects political disagreement is far more subtle than this model suggests and cannot be countered so simply. As a wealth of recent research in political psychology demonstrates, human beings persistently exhibit ‘motivated reasoning’, meaning that even when we are sincerely committed to the deliberative resolution of common problems, and even when we are exposed to the same reasons and evidence, we still disagree strongly about what ‘fair cooperation’ entails. Motivated reasoning can be counteracted, but only under exceptional circumstances such as those that enable modern science, which cannot be reliably replicated in our society at large. My analysis suggests that in democratic politics – which rules out the kind of anti-democratic practices available to scientists – we should not expect deliberation to reliably neutralise power. (shrink)

Despite claims to the contrary, the science of ecology has a long history of building theories. Many ecological theories are mathematical, computational, or statistical, though, and rarely have attempts been made to organize or extrapolate these models into broader theories. The Theory of Ecology brings together some of the most respected and creative theoretical ecologists of this era to advance a comprehensive, conceptual articulation of ecological theories. The contributors cover a wide range of topics, from ecological niche theory to population (...) dynamic theory to island biogeography theory. Collectively, the chapters ably demonstrate how theory in ecology accounts for observations about the natural world and how models provide predictive understandings. It organizes these models into constitutive domains that highlight the strengths and weaknesses of ecological understanding. This book is a milestone in ecological theory and is certain to motivate future empirical and theoretical work in one of the most exciting and active domains of the life sciences. (shrink)

Samuel Clarke was by far the most gifted and influential Newtonian philosopher of his generation, and A Demonstration of the Being and Attributes of God, which constituted the 1704 Boyle Lectures, was one of the most important works of the first half of the eighteenth century, generating a great deal of controversy about the relation between space and God, the nature of divine necessary existence, the adequacy of the Cosmological Argument, agent causation, and the immateriality of the soul. Together (...) with the other texts presented in this edition, it also provides the best introduction to Clarke's philosophical views, which, in addition to their intrinsic interest, are historically important for the light they shed both on the philosophical positions within the Newtonian circle and on the exchange between Clarke and Leibniz, the most famous philosophical controversy of the eighteenth century. (shrink)

Taking the title of his book from Isaiah Berlin's famous essay distinguishing a negative concept of liberty connoting lack of interference by others from a positive concept involving participation in the political realm, Samuel Fleischacker explores a third definition of liberty that lies between the first two. In Fleischacker's view, Kant and Adam Smith think of liberty as a matter of acting on our capacity for judgment, thereby differing both from those who tie it to the satisfaction of our (...) desires and those who translate it as action in accordance with reason or "will." Integrating the thought of Kant and Smith, and developing his own stand through readings of the Critique of Judgment and The Wealth of Nations, Fleischacker shows how different acting on one's best judgment is from acting on one's desires--how, in particular, good judgment, as opposed to mere desire, can flourish only in favorable social and political conditions. At the same time, exercising judgment is something every individual must do for him- or herself, hence not something that philosophers and politicians who reason better than the rest of us can do in our stead. For this reason advocates of a liberty based on judgment are likely to be more concerned than are libertarians to make sure that government provides people with conditions for the use of their liberty--for example, excellent standards of education, health care, and unemployment insurance--while at the same time promoting a less paternalistic view of government than most of the movements associated for the past thirty years with the political left. (shrink)

Variabilism is the view that proper names (like pronouns) are semantically represented as variables. Referential names, like referential pronouns, are assigned their referents by a contextual variable assignment (Kaplan 1989). The reference parameter (like the world of evaluation) may also be shifted by operators in the representation language. Indeed verbs that create hyperintensional contexts, like ‘think’, are treated as operators that simultaneously shift the world and assignment parameters. By contrast, metaphysical modal operators shift the world of assessment only. Names, being (...) variables, refer rigidly in the latter merely intensional contexts, but may vary their reference in hyperintensional contexts. This conforms to the intuition that the content of attitude ascriptions encapsulates referential uncertainty. Furthermore, names in hyperintensional contexts are ambiguous between de re* and de dicto* interpretations. This fact is used to account for asymmetric mistaken identity attributions (for example, Biron thinks Katherine is Rosaline, but he doesn’t think Rosaline is Katherine). -/- The variable theory compares favourably with its alternatives, including Millianism and descriptivism. Millians cannot account for the behaviour of names in hyperintensional contexts, while descriptivists cannot generate a necessary contrast between intensional and hyperintensional contexts. No other theory can capture the facts pertaining to the existentially bound use of names. (shrink)

Cognitive science has recently made some startling discoveries about temporal experience, and these discoveries have been drafted into philosophical service. We survey recent appeals to cognitive science in the philosophical debate over whether time objectively passes. Since this research is currently in its infancy, we identify some directions for future research.

Both an introduction to Nietzsche’s moral philosophy, and a sustained commentary on his most famous work, On the Genealogy of Morality, this book has become the most widely used and debated secondary source on these topics over the past dozen years. Many of Nietzsche’s most famous ideas - the "slave revolt" in morals, the attack on free will, perspectivism, "will to power" and the "ascetic ideal" - are clearly analyzed and explained. The first edition established the centrality of naturalism to (...) Nietzsche’s philosophy, generating a substantial scholarly literature to which Leiter responds in an important new Postscript. In addition, Leiter has revised and refreshed the book throughout, taking into account new scholarly literature, and revising or clarifying his treatment of such topics as the objectivity of value, epiphenomenalism and consciousness, and the possibility of "autonomous" agency. (shrink)

Contemporary moral psychology has been dominated by two broad traditions, one usually associated with Aristotle, the other with Kant. The broadly Aristotelian approach emphasizes the role of childhood upbringing in the development of good moral character, and the role of such character in ethical behavior. The broadly Kantian approach emphasizes the role of freely chosen conscious moral principles in ethical behavior. We review a growing body of experimental evidence that suggests that both of these approaches are predicated on an implausible (...) view of human psychology. This evidence suggests that both childhood upbringing and conscious moral principles have extraordinarily little impact on people's moral behavior. This paper argues that moral psychology needs to take seriously a third approach, derived from Nietzsche. This approach emphasizes the role of heritable psychological and physiological traits in explaining behavior. In particular, it claims that differences in the degree to which different individuals behave morally can often be traced back to heritable differences between those individuals. We show that this third approach enjoys considerable empirical support - indeed that it is far better supported by the empirical data than are either the Aristotelian or Kantian traditions in moral psychology. (shrink)

This paper examines the interplay of semantics and pragmatics within the domain of film. Films are made up of individual shots strung together in sequences over time. Though each shot is disconnected from the next, combinations of shots still convey coherent stories that take place in continuous space and time. How is this possible? The semantic view of film holds that film coherence is achieved in part through a kind of film language, a set of conventions which govern the relationships (...) between shots. In this paper, we develop and defend a new version of the semantic view. We articulate it for a pair of conventions that govern spatial relations between viewpoints. One such rule is already well-known; sometimes called the "180° Rule," we term it the X-Constraint; to this we add a previously unrecorded rule, the T-Constraint. As we show, both have the effect, in different ways, of limiting the way that viewpoint can shift through space from shot to shot over the course of a film sequence. Such constraints, we contend, are analogous to relations of discourse coherence that are widely recognized in the linguistic domain. If film is to have a language, it is a language made up of rules like these. (shrink)

Much current debate in the metaphysics of time is between A-theorists and B-theorists. Central to this debate is the assumption that time exists and that the task of metaphysics is to catalogue time’s features. Relatively little consideration has been given to an error theory about time. Since there is very little extant work on temporal error theory the goal of this paper is simply to lay the groundwork to allow future discussion of the relative merits of such a view. The (...) paper thus develops a conceptual framework from within which to evaluate claims about the actual existence, or not, of temporality as that notion appears in folk discourses about time, and from there to examine claims about the counterfactual existence, or not, of temporality so conceived. We subsequently apply this framework to three extant positions drawn from physics and metaphysics that deny the existence of time. We show that only one of these positions is a folk temporal error theory; that is, a view that denies the existence of time as that notion is operative in our everyday thought and talk. (shrink)

Contemporary critics of the administrative state are right to highlight the dangers of vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected in this literature, however, are the dangers of vesting too little power in a centralized state, which enables dominant groups to further expand their social and economic advantages through decentralized means. This article seeks to synthesize these concerns, understanding them as reflecting the same underlying danger of state capture. It then (...) articulates a set of heuristics for the design of public and administrative institutions, which aim at minimizing the risks of capture from both public and private sources. By following these heuristics, it claims, we can successfully employ the administrative state as a weapon against concentrated private power, rather than allowing it to serve as a tool of dominant groups. (shrink)

We sometimes fail unwittingly to do things that we ought to do. And we are, from time to time, culpable for these unwitting omissions. We provide an outline of a theory of responsibility for unwitting omissions. We emphasize two distinctive ideas: (i) many unwitting omissions can be understood as failures of appropriate vigilance, and; (ii) the sort of self-control implicated in these failures of appropriate vigilance is valuable. We argue that the norms that govern vigilance and the value of self-control (...) explain culpability for unwitting omissions. (shrink)

What constitutes a “good” life—not necessarily a morally good life, but a life that is good for the person who lived it? In response to this question of “well-being," philosophers have offered three significant answers: A good life is one in which a person can satisfy their desires (“Desire-Satisfaction” or “Preferentism”), one that includes certain good features (“Objectivism”), or one in which pleasurable states dominate or outweigh painful ones (“Hedonism”). To adjudicate among these competing theories, moral philosophers traditionally gather data (...) from thought experiments and intuition. In this chapter, we supplement that traditional approach with a pair of experimental studies that examine whether the three theories reflect laypeople’s intuitions about well-being. The empirical studies yield two primary findings. First, they provide evidence for lay "well-being pluralism": laypeople treat desire satisfaction, positive objective conditions, and happiness as all constitutive of well-being. Second, the studies provide evidence of "hedonic dominance": laypeople evaluate an individual’s happiness as more important to an individual’s overall well-being than desire satisfaction or objective conditions. (shrink)

What if "liberal democracy" were a contradiction in terms? This book distinguishes liberalism from democracy to defend a Rancirean vision of impure politics. Disclosing Rancire's refusal of ontology as political, The Lessons of Rancire enacts a critical theory beyond unmasking and a democratic politics beyond liberalism.

Introduction to the study of African Christian ethics -- Foundations of contemporary African ethics -- Foundations of Western ethics -- Foundations of Christian ethics -- Foundations of African Christian ethics -- Applying African Christian ethics -- Church and state -- War and violence -- Strikes -- Poverty -- Corruption -- Fund-raising -- Procreation and infertility -- Reproductive technologies -- Contraception -- Polygamy -- Domestic violence -- Divorce and remarriage -- Widows and orphans -- Rape -- Incest -- Prostitution and sex (...) trafficking -- Female circumcision -- Homosexuality -- HIV/AIDS -- Abortion -- Euthanasia and infanticide -- Strikes and medical services -- Drug and alcohol abuse -- Witchcraft. (shrink)