Is business intimately related to ethics or can the two be separated? I argue that examining this question by focusing on how the two areas might be separated is logically flawed. Examining how business and ethics are connected, however, can bear fruit. This examination shows that business is a proper subset of ethics. Understanding this intimate connection has two practical benefits. It removes the seemingly incommensurable conflict between financial and ethical responsibilities of managers and it gives us new and positive (...) insights into Milton Friedman’s view that the social responsibility of business is to increase its profits. (shrink)

Is business intimately related to ethics or can the two be separated? I argue that examining this question by focusing on how the two areas might be separated is logically flawed. Examining how business and ethics are connected, however, can bear fruit. This examination shows that business is a proper subset of ethics. Understanding this intimate connection has two practical benefits. It removes the seemingly incommensurable conflict between financial and ethical responsibilities of managers and it gives us new and positive (...) insights into Milton Friedman’s view that the social responsibility of business is to increase its profits. (shrink)

For more than three decades, Integrative Social Contracts Theory (ISCT) has been lauded as a business ethics theory particularly well suited to the international arena, especially because of its alleged ability to reconcile respect for cultural idiosyncrasies and normative teeth. However, this theory has also faced various objections, many of which its authors have responded to with varying degrees of satisfaction. As a contribution to this debate, this article provides a unifying rationale for many of those objections by exploring their (...) rooting in the Separation thesis. It submits that this fact negatively impacts the theory with three major challenges, namely: significant limitations to correctly frame moral issues and situations; poor identification of hypernorms; and insufficient theoretical grounding of hypernorms. This critique highlights the need for the entanglement of the normative and the empirical in business ethics theorizing. (shrink)

Many writers in the field of business ethics seem to have accepted R. Edward Freeman’s argument to the effect that what he calls “the separation thesis,” or the idea that business and morality can be separated in certain ways, should be rejected. In this paper, I discuss how this argument should be understood more exactly, and what position “the separation thesis” refers to. I suggest that there are actually many interpretations (or versions) of the separation (...) thesis going around, ranging from semantic, empirical and reformative to some which are straightforwardly normative. While it is generally agreed that the separation thesis should be rejected, then, there is not as much agreement on what this thesis actually says. I suggest that whether or not we should<br>reject the separation thesis, however, ultimately must depend on how we understand it more exactly—on certain interpretations, the thesis comes out as more or less trivially false, but we should demand more evidence or argument to reject it on certain other interpretations. This result presents a challenge for all those writers who are committed to the rejection of the separation thesis. (shrink)

While many scholars agree that the ‘‘separation thesis’’ (Freeman in Bus Ethics Quart 4(4):409–421, 1994)—that business issues and ethical issues can be neatly compartmentalized—is harmful to business ethics scholarship and practice, they also conclude that eliminating it is either inadvisable because of the usefulness of the positive/ normative distinction, or actually impossible. Based on an exploration of the fact/value dichotomy and the pragmatist and virtue theoretic responses to it, we develop an approach to eliminating the separation (...) class='Hi'>thesis that integrates ‘‘business’’ with ‘‘ethics’’ while still permitting a positive/ normative distinction, which we call ‘‘ethics from observation.’’. (shrink)

Next SectionIn emphasizing the importance of the separability thesis, legal philosophers have inadequately appreciated other philosophically important ways in which law and morality are or might be connected with one another. In this article, I argue that the separability thesis cannot shoulder the philosophical burdens that it has been asked to bear. I then turn to two issues of greater importance to jurisprudence. These are ‘the moral semantics of law’ and ‘the normativity of theory construction in jurisprudence’. The (...) moral semantics claim is that legal content is best understood as moral directives about what is to be done and who is to decide what is to be done. The problem is that legal positivists typically hold that only social facts contribute to the content of law, and it is hard to see how a positivist can hold both the social-facts claim and the moral-semantics claim. I argue that not only are the two claims consistent with one another, but that legal positivists must hold some version of the moral semantics claim if they are to make sense of the claim that legal reasons purport to be content-independent moral reasons for acting. In Section 3 of the article, I take up the question of whether theory construction in jurisprudence is normative or descriptive. This is hard to do in part because so little attention has been paid to correctly formulating the issue. I suggest a demanding test for descriptivism; namely, that an adequate analysis of law can be provided entirely in terms of its formal features. I then defend this claim against three arguments designed to show because governance by law is necessarily desirable or valuable that, we cannot characterize law without making reference to those values or to other material features of law. This constitutes a limited but powerful defence of descriptive jurisprudence. (shrink)

Distinguishing “business” concerns from “ethical” values is not only an unfruitful and meaningless task, it is also an impossible endeavor. Nevertheless, fruitless attempts to separate facts from values produce detrimental second-order effects, both for theory and practice, and should therefore be abandoned. We highlight examples of exemplary research that integrate economic and moral considerations, and point the way to a business ethics discipline that breaks new groundby putting ideas and narratives about business together with ideas and narratives about ethics.

If social scientists take natural science as a model, they may err in their predictions and may offer facile ethical views. Maclntyre assails them for this, but he is unduly pessimistic about business, and in rejecting the separation thesis he raises some difficulties about naturalism.Aristotle's views of the good life and of the close relationship between internal and external goods provide a corrective to Maclntyre, and in fact suggest how virtues can support social capital and thus prevail within (...) and among firms in competitive markets. Aristotle's views are not necessarily inimical to those underlying modern democratic capitalism, but they raise questions about the limits to the good life. The separation thesis misses the importance of addressing the questions with both empirical and ethical resources. (shrink)

In my article "Understanding the Separation Thesis" I noted that most scholars in the business ethics field seemed to have accepted R. Edward Freeman's argument to the effect that what he calls "the separation thesis" should be rejected. I argue, however, that they seemed to understand this thesis (and its rejection) in quite different ways. This volume contains three responses to my article which, interestingly enough, can be taken to corroborate my original argument. I here (...) make some brief comments on these responses. (shrink)

H. L. A Hart complained about the ambiguity of legal positivism, and proposed a definition that refers to particular explications of the concept of law, to certain theories of legal interpretation, to particular views on the moral problem of a duty to obey the law, and to a sceptical position with regard to the meta-ethical issue of the possibility of moral knowledge. It is said to be restricted to the Thesis of Separation — the contention that there is (...) no necessary connection between law and morals. In this chapter, the Separation Thesis is discussed even further, and has three shortcomings identified: first, that it has been vacillating between object-level contentions about moral qualities of the law; that the precise logical relation between both levels has never been properly accounted for; and that the question of necessary relations between morality and law hinges crucially on the presupposition that the very concept of law itself does not unravel into different sets of convenient stipulations from different epistemological angles, each of which renders the question of such necessary relations trivial. The Separation Thesis is also identified as having two versions: the Fallibility Law and the Neutrality Law. (shrink)

Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic (...) and moral claims. The Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive claims about the moral value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. (shrink)

The purpose of this paper is to draw out and make explicit the assumptions made in the treatment of technology within business ethics. Drawing on the work of Freeman (1994, 2000) on the assumed separation between business and ethics, we propose a similar separation exists in the current analysis of technology and ethics. After first identifying and describing the separation thesis assumed in the analysis of technology, we will explore how this assumption manifests itself in the (...) current literature. A different stream of analysis, that of science and technology studies (STS), provides a starting point in understanding the interconnectedness of technology and society. As we will demonstrate, business ethicists are uniquely positioned to analyze the relationship between business, technology, and society. The implications of a more complex and rich definition of lsquotechnologyrsquo ripple through the analysis of business ethics. Finally, we propose a pragmatic approach to understanding technology and explore the implications of such an approach to technology. This new approach captures the broader understanding of technology advocated by those in STS and allows business ethicists to analyze a broader array of dilemmas and decisions. (shrink)

Existing justifications for exclusionary rules and stays of proceedings in response to pre-trial wrongdoing by police officers and prosecutors are often thought to be counter-productive or disproportionate in their consequences. This article begins to explore whether the concept of standing to blame can provide a fresh justification for such responses. It focuses on a vice related to standing—hypocrisy—and a related vice concerning inconsistent blame. It takes seriously the point that criminal justice agencies, although all part of the State, are in (...) real terms separated from each other, and analyses the so-called separation thesis (or theses). It concludes that hypocrisy and inconsistent blame arguments could plausibly justify exclusion and stays only in relation to lower-level offending, and even there only indirectly. This is in the sense that exclusion and stays are expressions of judicial frustration with other bodies for their failure to take pre-trial wrongdoing seriously. (shrink)

This article examines recent theories of democratic citizenship as well as the institutional separation of religion and politics in light of shortcomings with the traditional secularization thesis. Due to the fact that juridical norms and forms of consciousness develop at a more rapid pace than religious ones, received accounts of both democratic equality and toleration need to be reconceptualized. Questions concerning the legitimacy and neutrality of religious reasoning in democratic politics, as pursued in the work of Rawls and (...) Habermas, also need to be informed by further reflection on the confessional context and other empirical features of post-secular societies. Comparing the politics of same-sex marriage in Canada and Italy helps to illustrate this point. (shrink)

Since Mueller’s 1958 article calling Hegelian dialectics a “legend,” it has been fashionable to deny that Hegel used thesis-antithesis-synthesis dialectics. But in truth, Hegel’s Phenomenology of Spirit has 28 dialectics hidden on four outline levels, and The Philosophy of History has 10 more on three outline levels. In Phenomenology’s macrodialectic, Hegel’s nonsupernatural Spirit–all reality, everything in the universe, including man and artificial objects–advances from unconscious + union (thesis) to conscious + separation (antithesis) to a synthesis of conscious (...) (from the antithesis) + union (from the thesis). Previous interpretations of Phenomenology have missed this dialectic: they have assumed that Spirit’s journey begins with consciousness, whereas the journey actually begins in the primordial state of nature, before man arrives and provides Spirit with its Mind (the collective mind of man). Mind then misperceives itself as a multitude of separate alien “objects”–things other than itself. The macrodialectic and all other dialectics are based on Christianity’s Johannine separation-and-return mythology; all Hegelian dialectics separate from a concept in the thesis, going to that something’s opposite (antithesis), and then return to the thesis concept. Thus, in Hegel’s master-and-slave dialectic (God = master, man = slave), man advances from potential + freedom to actual + bondage (religiosity) to actual + freedom (atheism). Only Marx and Tillich understood Hegelian dialectics. Marx’s basic dialectic (one of four) saw history separating from and returning to Communism, going from communal ownership + poverty (primitive communism, or gens) to private ownership + wealth (slavery, feudalism, capitalism) to communal ownership + wealth (final communism). Tillich’s basic dialectic (one of many) separates from and returns to God, advancing from Yes to God + Yes to supernaturalism (theism) to No to God + No to supernaturalism (atheism) to Yes to God + No to supernaturalism (humanism: humanity is the nonsupernatural “God above the God of theism”). (shrink)

Although logical empiricism is now mostly decried, their naturalist claim that the content of a theory can be read off from its structure, without any philosophical considerations needed, still supports traditional strategies to escape cases of underdetermination. The appeal to theoretical equivalence or to theoretical virtues, for instance, both assume that there is a neutral standpoint from which the structure of the theories can be analyzed, the physically relevant from the superfluous separated, and a comparison made between their theoretical content (...) and virtues. In my dissertation, I examine the presuppositions upon which such strategies depend. I argue that the methodological principle underlying them, according to which theories with no superfluous structure should be preferred, is unpractical, for what constitutes relevant structure is determined by epistemic considerations about the aim of scientific theories. In chapter 1, I analyze the claim that theories with ordinary bosons and fermions are theoretically equivalent to theories with exotic `paraparticles'. I argue that this claim does not do justice to the latter, as the proof is formulated in a vocabulary parochial to the former and thus favors one of the theory while giving an impoverished version of the second. In chapter 2, I examine recent arguments to the effects that any interpretation of Quantum Mechanics that can offer a no-go theorem against paraparticles possesses an explanatory advantage over other interpretations and should, as such, be favored over others. Given that most physicists consider paraparticles as surplus structure whose non-observation does not require an explanation, I evaluate arguments of both sides and suggest a third way to approach the question. Finally, in chapter 3, I turn my attention to methods for excluding another kind of unphysical structure, mathematical artifacts, from rival dark matter models. Simulations are our only window into what rival models predict about the universe’s structure. But for them to play a useful role in generating knowledge, we need to distinguish reliably between real predictions and artifacts. I argue that robustness analysis fails to fulfill this task. I propose in its place another methodology, that of crucial simulations. (shrink)

One of the distinctive ideas of contemporary liberal political philosophy is that the separateness of persons is somehow normatively momentous. A proper respect for separateness is supposed to lead us not only to reject aggregative theories such as utilitarianism, but to embrace some particular positive theory about the sorts of obligations and claims we have amongst each other. Typically, philosophers have focused on the way in which the separateness of persons is important to matters of distribution. Given the intuitively unjust (...) distributions often sanctioned by utilitarianism, such a focus makes sense. Much of the contribution of my dissertation, however, is to argue that separateness is relevant not just as a fact about persons as beneficiaries, but perhaps even more fundamentally, as agents. ;Chapter one explores the connection between respect for the separateness of persons and liberal theory, with reference to the cases of John Rawls and Robert Nozick. Chapter two defends the reasonableness of respect for separateness against the metaphysical critique of Derek Parfit. Chapters three and four spell out the main idea of respect for separateness as agents. Chapter five examines applies this analysis to free markets, and argues that while separateness provides some grounds for criticizing markets, it also provides some interesting, non-efficiency based grounds for praising them. (shrink)

According to logical inferentialists, the meanings of logical expressions are fully determined by the rules for their correct use. Two key proof-theoretic requirements on admissible logical rules, harmony and separability, directly stem from this thesis—requirements, however, that standard single-conclusion and assertion-based formalizations of classical logic provably fail to satisfy :1035–1051, 2011). On the plausible assumption that our logical practice is both single-conclusion and assertion-based, it seemingly follows that classical logic, unlike intuitionistic logic, can’t be accounted for in inferentialist terms. (...) In this paper, I challenge orthodoxy and introduce an assertion-based and single-conclusion formalization of classical propositional logic that is both harmonious and separable. In the framework I propose, classicality emerges as a structural feature of the logic. (shrink)

This article is about the relationship between business and ethics in academic research. The purpose of this investigation is to examine the status of the separation and the integration theses. In the course of this article, I defend the claim that neither separation nor integration is entirely accurate; indeed they are both potentially confusing to our audience. A strategy of reconciliation of normative and descriptive approaches is proposed. The reconciliation project does not entail synthesizing or dividing prescriptive and (...) empirical approaches, but rather respecting the identity of both inquiries, while recognizing the limitations they place on each other. The research agenda of the reconciliation project is discussed. (shrink)

Ethical analyses, professional guidelines and legal decisions support the equivalence thesis for life-sustaining treatment: if it is ethical to withhold treatment, it would be ethical to withdraw the same treatment. In this paper we explore reasons why the majority of medical professionals disagree with the conclusions of ethical analysis. Resource allocation is considered by clinicians to be a legitimate reason to withhold but not to withdraw intensive care treatment. We analyse five arguments in favour of non-equivalence, and find only (...) relatively weak reasons to restrict rationing to withholding treatment. On the contrary, resource allocation provides a strong argument in favour of equivalence: non-equivalence causes preventable death in critically ill patients. We outline two proposals for increasing equivalence in practice: (1) reduction of the mortality threshold for treatment withdrawal, (2) time-limited trials of intensive care. These strategies would help to move practice towards more rational treatment limitation decisions. (shrink)

The Termination Thesis (or “TT”) is the view that people go out of existence when they die. Lots of philosophers seem to believe it. Epicurus, for example, apparently makes use of TT in his efforts to show that it is irrational to fear death. He says, “as long as we exist, death is not with us; but when death comes, then we do not exist.”1 Lucretius says pretty much the same thing, but in many more words and more poetically: (...) “Death therefore to us is nothing, concerns us not a jot, since the nature of the mind is proved to be mortal; . . . when we shall be no more, when there shall have been a separation of body and soul, out of both of which we are each formed into a single being, to us, you may be sure, who then shall be no more, nothing whatever can happen to excite sensation.”. (shrink)

Thomas Aquinas consistently defended the thesis that the separated rational soul that results from a human person’s death is not a person. Nevertheless, what has emerged in recent decades is a sophisticated disputed question between “survivalists” and “corruptionists” concerning the personhood of the separated soul that has left us with intractable disagreements wherein neither side seems able to convince the other. In our contribution to this disputed question, we present a digest of an unconsidered middle way: the separated soul (...) is an incomplete person. (shrink)

Not long ago, under the influence of Michel Foucault, one spoke of the conjunction of knowledge and power, but in this post-truth era power appears singularly uninterested in knowledge, even as the supporters of Donald Trump claim that he alone of all politicians speaks the truth. This essay proposes to examine the relations of power and knowledge under the present populist assault. This analysis begins in the work of Claude Lefort, who spoke of the separation of knowledge and power (...) in democracy’s symbolic regime, and is then counterposed to Ernesto Laclau’s understanding of ‘populist reason’ in order to explore the present torsion of this relation to the point where power can appear not just separated from, but opposed to knowledge. It will be argued that it is less a question of post-truth than of different forms of truth with different truth claims, borne by different imperatives, and tied to different forms of representation – truth claims that can, in relation to each other, be indifferent, complementary, or conflictual. With this in mind, the essay asks: what is the relation of the people to truth? Do those who claim to represent the people seek possession of a different kind of truth? What is the relation of populism to ideology? And what is populism’s relation to ‘post-modernism’? (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then this is (...) impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

Drawing from the literatures on the ethics of nudging and moral bioenhancement, I elaborate several pairs of cases in which one intervention is classified as an environmental behavioral intervention (EBI) and the other as a neurochemical behavioral intervention (NBI) in order to morally compare them. The intuition held by most is that NBIs are by far the more morally troubling kind of influence. However, if this intuition cannot be vindicated, we should at least entertain the _Similarity Thesis_, according to which (...) EBIs and NBIs share relevant moral features to the extent that moral conclusions about one are implied about the other in the described pairs of cases. I test this thesis by putting forward a number of possible moral grounds for setting EBIs and NBIs apart, including three of the most promising ones – physical invasiveness, disclosure and avoidance, and inevitability. I conclude that although these promising grounds might not bear the full burden of vindicating the intuition against _Similarity_ by themselves, clustering them together can establish discernible moral separation. (shrink)

It can be shown that, if we assume 'substance dualism', or the real distinctness of the soul from the body, then the standard objections to the Cyclical Argument in the "Phaedo" fail. So charity would presumably require that we take substance dualism to be presupposed by that argument. To do so would not beg any question, since substance dualism is a significantly weaker thesis than the immortality of the soul. Moreover, there is good textual evidence in favor of this (...) presumption. A closer look at the immediately preceding passage, viz. "Socrates' Defense", reveals an argument for a real distinction between soul and body, not unlike Descartes' famous argument, based on the identification of an activity in which the soul can in principle engage on its own, without assistance from the body. The argumentative project of the "Phaedo," on this reading, becomes: given that the soul is really distinct, show that it is immortal. And Plato aims to do this in two stages. The three initial arguments are meant to establish merely the minimal claim that the continued existence of the soul across cycles of reincarnation is the most plausible view to take, given substance dualism; and it is left to the Final Argument to argue for something that we might regard as immortality, that is, the imperishability of the soul, come what may. (shrink)

The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post‐Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such (...) relations should be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction between two different dimensions of legal validity (formal validity and material validity respectively), and in pointing out that the positivist separability thesis can apply to formal validity only. On the other hand, when the ascertainment of material validity is at stake, some form of moral reasoning may well be involved (here and now, it is necessarily involved). The essay concludes with some brief remarks on the persisting importance of the positivist jurisprudential project. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary (...) connection between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Mill (1872, 1874) is an early proponent of the thesis that economics has a special domain in which it can operate relatively independently of findings from other sciences. Contra Mill, I argue that this so-called separateness-thesis is best defendedunder an externalist interpretation of Rational Choice Theory (RCT). Mill’s defence is consistent with an internalist interpretation of RCT. Internalism holds that RCT depicts psychological mechanisms operating in economic agents. I argue that such a defence fails to establish separateness, because (...) it makes economics highly depended on psychological findings. However, externalism understands RCT as an adequate description of how agents react to incentives if certain environmental structures are present. Under this interpretation, we can defend separateness by investigating which features of an environmental structure will lead agents to behave in accordance with RCT. Thereby, we can derive indicators that enable us to demarcate a separate domain for economics. (shrink)

In this essay, I explore the city of Jerusalem, which not only lies at the heart of the Israeli-Palestinian conflict but is inextricably shaped by its developments. Nominally unified under Israeli sovereignty, Jerusalem nevertheless remains starkly divided between an Israeli west and an occupied Palestinian east and is best understood as a frontier city characterized by long-simmering tensions and quotidian conflict. With its future tied to the future of the conflict, Jerusalem remains caught between two options: the almost global preference (...) for the city’s repartition in accordance with a ‘two-state solution’ and the Israeli desire to maintain the status quo. A closer look at contemporary Jerusalem, however, reveals the untenability of both options. In this essay, I seek to document how the reality of Israeli-Palestinian division sits alongside a dynamic of blurred separation in the city, which has forged an uneasy coexistence of sorts. Re-thinking the frontier as a site of both conflict and coexistence, I argue, is key to imagining future possibilities for the city that do not rest on the desire for ethnically-pure spaces, but are rather guided by a politics of co-presence that recognizes the impossibility of disentangling Arab and Jewish histories, memories and connections to the city. (shrink)

This paper explains why Clark’s Extended Mind thesis is not capable of sufficiently grasping how and in what sense external objects and technical artifacts can become part of our human cognition. According to the author, this is because a pivotal distinction between inside and outside is preserved in the Extended Mind theorist’s account of the relation between the human organism and the world of external objects and artifacts, a distinction which they proclaim to have overcome. Inspired by Charles S. (...) Peirce’s philosophy of mind, in particular, the author tries to find a way out of this ‘inside–outside’ fallacy. External objects, artifacts or processes should, according to him, not be conceived as inanimate and unintelligent matter utilised by a separately living, inner mental sphere that has set certain pre-established goals for itself. Mind has rather an artifactual character. It is not extended by an inner biological cognitive core but rather unfolds itself through objects and artifacts. Mind as such is, especially in our modern technological culture, shaped by virtue of and through technical artifacts. Recognizing this artifactual dimension of mind will, the author concludes, enable a more critical analysis of contemporary claims that ascribe certain original and irreducible features to thinking. (shrink)

Averroes held the controversial thesis that there is only one separate material or possible intellect for all humans. This paper analyzes a passage from his Long Commentary on the De Anima which has been thought to constitute a primary philosophical argument for the view. It is called the Determinate Particular Argument, because it contends that the material intellect cannot be a determinate particular if it is to be the ontological receptacle of universal intelligible forms. After defending one crucial premise, (...) it will be shown how the key term “determinate particular” must be qualified to avoid an inconsistency with Averroes’s metaphysics and his position on the species membership of separate substances. Given this qualification in the face of competing views, the paper concludes that the Determinate Particular Argument should not be taken as a sufficient and independent argument for Averroes’s full thesis on the intellect. (shrink)

In this paper, I wish to defend Aristotle’s naturalness thesis. First, I argue against the claim that the city fails to meet the criteria (e.g. separability, continuity, etc.) Aristotle sets for substantiality in the Metaphysics. Second, I examine the problem of the Principle of Transitivity of End in Aristotle’s telic argument for the naturalness of the city. I argue that the city exists for its own end. Finally, I discuss the problem of the legislator in the genesis of the (...) city. I argue that the legislator is only responsible for the actualization of the potential form that Nature has set forward. (shrink)

Pierre Duhem is the discoverer of the physics of the Middle Ages. The discovery that there existed a physics of the Middle Ages was a surprise primarily for Duhem himself. This discovery completely changed the way he saw the evolution of physics, bringing him to formulate a complex argument for the growth and continuity of scientific knowledge, which I call the ‘Pierre Duhem Thesis’ (not to be confused either with what Roger Ariew called the ‘true Duhem thesis’ as (...) opposed to the Quine-Duhem thesis, which he persuasively argued is not Duhem’s, or with the famous ‘Quine-Duhem Thesis’ itself). The ‘Pierre Duhem Thesis’ consists of five sub-theses (some transcendental in nature, some other causal, factual, or descriptive), which are not independent, as they do not work separately (but only as a system) and do not relate to reality separately (but only simultaneously). The famous and disputed ‘continuity thesis’ is part, as a sub-thesis, from this larger argument. I argue that the ‘Pierre Duhem Thesis’ wraps up all of Duhem’s discoveries in the history of science and as a whole represents his main contribution to the historiography of science. The ‘Pierre Duhem Thesis’ is the central argument of Pierre Duhem's work as historian of science. (shrink)

To say health is 'special' is to say that it has a moral significance that differentiates it from other goods (cars, say or radios) and, as a matter of justice, warrants distributing it separately. In this essay, I critique a new justification for the specialness thesis about healthcare (STHC) recently put forth by Engster. I argue that, regrettably, Engster's justification of STHC ultimately fails and fails on much the same grounds as have previous justifications of STHC. However, I also (...) argue that Engster's argument still adds something valuable to the debate around STHC insofar as it reminds us that the moral significance of healthcare may be wider than simply its effect on the incidence of disability and disease: one further reason we may think healthcare is morally significant is because it concerns the treatment and care of those who are already unwell. (shrink)

Church's thesis, that all reasonable definitions of “computability” are equivalent, is not usually thought of in terms of computability by acontinuouscomputer, of which the general-purpose analog computer (GPAC) is a prototype. Here we prove, under a hypothesis of determinism, that the analytic outputs of aC∞GPAC are computable by a digital computer.In [POE, Theorems 5, 6, 7, and 8], Pour-El obtained some related results. (The proof there of Theorem 7 depends on her Theorem 2, for which the proof in [POE] (...) is incorrect, but for which a correct proof is given in [LIR]. Also, the proof in [POE] of Theorem 8 depends on the unproved assertion that a solution of an algebraic differential equation must be analytic on an open subset of its domain. However, this assertion was later proved in [BRR].) As in [POE], we reduce the problem to a problem about solutions of certain systems of algebraic differential equations (ADE's). If such a system is nonsingular (i.e. if the “separant” does not vanish along the given solution), then the argument is very easy (see [VSD] for an even simpler situation), so that the essential difficulties arise fromsingularsystems. Our main tools in handling these difficulties are drawn from the excellent (and difficult) paper [DEL] by Denef and Lipshitz. The author especially wants to thank Leonard Lipshitz for his kind help in the preparation of the present paper.We emphasize here that our proof of the simulation result applies only to the GPAC as described below. The GPAC's form a natural subclass of the class of all analog computers, and are based on certain idealized components (“black boxes”), mostly associated with the technology of past decades. One can easily envisage other kinds of black boxes of an input-output character that would lead to different kinds of analog computers. (For example, one could incorporate delays, or spatial integrators in addition to the present temporal integrators, etc.) Whether digital simulation is possible for these “extended” analog computers poses a rich and challenging set of research questions. (shrink)

According to what I call the ‘Discontinuity Thesis’, literature can never count as genuine philosophizing: there is an impermeable barrier separating it from philosophy. While philosophy presents logically valid arguments in favor of or against precisely formulated statements, literature gives neither precisely formulated theses nor arguments in favor of or against them. Hence, philosophers don’t lose out on anything if they don’t read literature. There are two obvious ways of questioning the Discontinuity Thesis. First, arguing that literature can (...) indeed do what philosophy is generally taken to do. Second, arguing that philosophy is not, in fact, the presentation of logically valid arguments in favor or against precisely formulated statements – what it does is closer to what literature is generally taken to do. I use a combination of these two strategies and argue that philosophy is not as intellectually straightforward as it is advertized to be and literature is not as intellectually impoverished as it is generally taken to be. (shrink)

You and I lead different lives. While we share a society and a world, our existence is separate from one another. You and I matter individually, by ourselves. My dissertation is about this simple thought. I argue that this simple insight, the separateness of persons, tells us something fundamental about morality. My dissertation seeks to answer how the separateness of persons matters. I develop a precise view of the demands of the separateness of persons. The separateness of persons imposes both (...) a requirement on the justification of first-order moral principles as well as a requirement on the content of first-order moral principles. In specifying these demands, I argue that respecting the separateness of persons requires taking into consideration each person’s point of view separately. This requires taking into account the moral relations in which individuals stand to one another. I make use of this relational understanding of the separateness of persons to advance various debates in moral and political philosophy. I argue for a framework to assess to which extent the veil of ignorance can be reconciled with the separateness of persons. I also argue for a new view on the ethics of risk which is a form of contractualism that discounts risks only by their objective risk. Furthermore, I argue for a new solution to the problem of aggregation that is skeptical of aggregation and can set plausible limits to aggregation. Lastly, I provide a new relational agent-based justification for deontological constraints. In addition to answering how the separateness of persons matters, I defend the separateness of persons against challenges. Most importantly, I argue that the importance of the separateness of persons is not undermined even if we believe that our personal identity, i.e. whether we persist as the same person, is unimportant. (shrink)

This paper analyzes and explains certain parts of Syrianus’s Commentary on book M of Aristotle’s Metaphysics, which details Syrianus’s response to Aristotle’s attack against the Platonic position of the separate existence of numbers. Syrianus defends the separate existence not only of eidetic but also of mathematical numbers, following a line of argumentation which involves a hylomorphic approach to the latter. He proceeds with an analysis of the mathematical number into matter and form, but his interpretation entails that form is the (...) constituent of number, which has the status and role of a Platonic Form. This solution allows him not only to explain and justify the unity of number, but also to apply the Platonic thesis of the separate existence of numbers, to the mathematical or monadic numbers themselves. It also betrays its tendency to combine theses of the Platonic Ontology with fundamental Aristotelian doctrines. (shrink)

In this article, I introduce a new interpretation of the puzzling thesis “bai 白 ma 馬 fei 非 ma 馬 ” argued by Gongsun Long 公孫龍 in his essay “On White Horse.” I argue that previous interpretations, which can be grouped under the name of “attribute-object interpretations,” are not satisfactory, and that the thesis on the new interpretation is not about attributes or objects, but about names. My argument focuses on the disagreement over inseparability of white between Gongsun (...) Long and his interlocutor in the text of “On White Horse.” On my interpretation or the name interpretation, the disagreement is about whether constituents of a syntactically complex or multi-term name are separable or have their contextually independent meanings. Gongsun Long’s thesis makes perfect sense on my interpretation, and is supported by the text and other preserved texts collected in GongsunLong Zi 公孫龍子. The name interpretation can also make sense of some puzzling expressions of sophists in the classic period. (shrink)

The value of this essay is not to reiterate the extant views on horror literature, but to make available for the first time to the world at large the textual foundations of considering horror literature as a genre by itself. The Gothic is a different genre altogether though most of us want to conflate and confuse between these two genres. Someday I shall write at length about the nature of the horrific. Suffice to say for now that the focus is (...) that long ago, H. P. Lovecraft in his essay mentioned within this essay distinguished between the gothic as a literary genre and horror literature as another literary genre. And Lovecraft showed us that the horror as a literary genre is by far the greater of the two genres. This essay does not get into the literary values of either the gothic or the horror novel. That has been treated in a fuller manner by this author in his PhD thesis. (shrink)

In this thesis I consider the problem of the distinctiveness of knowledge of our own mental states and attitudes. I consider four influential approaches to this problem: the epistemic approach, the "no reasons view," the neo-expressivist approach and the rational agency approach. I argue that all of them face serious problems. I further argue that many of these problems are connected with the lack of fine-grained enough classification of the entities with respect to which we have self-knowledge. I suggest (...) such a classification, distinguishing passive occurrent mental states, mental actions and standing attitudes, and argue that we should treat each of these categories separately for the purpose of explaining self-knowledge of them. I discuss in detail self-knowledge we have with respect to two of these categories: standing attitudes and mental actions. On my account self-knowledge of standing attitudes stands in a derivative relation to self-knowledge of other kinds. In my discussion of self-knowledge of mental actions I establish that we have a distinctive non-observational kind of self-knowledge and show some specific characteristics of this kind of self-knowledge. In the end I attempt to relate self-knowledge of mental actions to practical knowledge in the ordinary sense of skill. (shrink)