This paper explores the issue of whether an international system of nation‐states can be defended from a global perspective of impartiality. At present, it seems as if the nation‐state were the only suitable institutional location for the realization of effective systems of social justice. Provided that national politics is indeed disposed to promote the freedom and well‐being of its citizens, a decentralized system of nation‐states is likely to produce beneficial effects. Experience, however, teaches that national politics has in many instances (...) had decidedly negative effects. For that reason, the existing system of nation‐states cannot be defended from a global point of view. Hence, the question turns on whether a system of nation‐states could conceivably find the support of rational persons if it incorporated substantive restrictions on national politics. This paper discusses the liberty to migrate as one of the many options potentially available for the correction of the existing international regime. As the closer inspection of the underlying philosophical question reveals, the problem can only be resolved with reference to a normatively relevant understanding of the kind of persons we take ourselves to be. From the conclusion that the freedom to migrate is to be understood as a fundamental liberty, the discussion then turns to the legitimate limitations that might be imposed by national immigration policies. It is argued that—in order to accommodate what is demanded by both global impartiality and national solidarity—open admission policies must not in effect place at a disadvantage those who are already relatively worse off under a present distribution, for this would violate basic conditions for the development and confirmation of socially acquired self‐esteem. (shrink)

Hans Kelsen’s claim that the state and the law are ”the same” is surrounded by a somewhat mystical air. Yet, the so-called ”identity thesis” loses much of its mystical aura when it is seen as an attempt to recast the state, as a social fact, in deontological terms. Thus understood, it gives rise to viewing the state as a mere product of legal acts and implicates the rejection of the idea that some further social fact is needed in order to (...) account for the existence of the state. Accordingly, all law is essentially, and principally, law without a state. (shrink)

Originally the constitution was expected to express and channel popular sovereignty. It was the work of freedom, springing from and facilitating collective self-determination. After the Second World War this perspective changed: the modern constitution owes its authority not only to collective authorship, it also must commit itself credibly to human rights. Thus people recede into the background, and the national constitution becomes embedded into one or other system of 'peer review' among nations.This is what Alexander Somek argues is (...) the creation of the cosmopolitan constitution. Reconstructing what he considers to be the three stages in the development of constitutionalism, he argues that the cosmopolitan constitution is not a blueprint for the constitution beyond the nation state, let alone a constitution of the international community; rather, it stands for constitutional law reaching out beyond its national bounds. This cosmopolitan constitution has two faces: the first, political, face reflects the changed circumstances of constitutional authority. It conceives itself as constrained by international human rights protection, firmly committed to combating discrimination on the grounds of nationality, and to embracing strategies for managing its interaction with other sites of authority, such as the United Nations. The second, administrative, face of the cosmopolitan constitution reveals the demise of political authority, which has been traditionally vested in representative bodies. Political processes yield to various, and often informal, strategies of policy co-ordination so long as there are no reasons to fear that the elementary civil rights might be severely interfered with. It represents constitutional authority for an administered world. (shrink)

According to Immanuel Kant, legality means the quality of an action being merely and simply in conformity with a law. The article defends the significance of this notion and explains how it indicates the existence of a legal relation. The legal relation, in turn, is the result of resolving an antinomy between the social and the substantive dimension of moral judgment.

In an age of widespread cutbacks on social spending, the prospects of social policy generally appear to be grim. If noticeable progress has been recently made in the European Union, then it is in regard to rooting out discrimination. Indeed, anti-discrimination law and policy appears to be the one sphere of social policy whose success is causally connected to the European Union. But how successful can anti-discrimination law be? This book uses legal analysis in order to expose the intrinsic shortcomings (...) of common approaches. Anti-discrimination law fails to provide adequate legal guidance and therefore invites constant supplementation by pedagogical projects of social engineering. This book offers a genuinely leftist critique on anti-discrimination law, and concludes with a discussion of alternative models of solidarity in the Union. (shrink)

What is law? The usual answer is that the law is a system of norms. But this answer gives us at best half of the story. The law is a way of relating to one another. We do not do this as lovers or friends and not as people who are interested in obtaining guidance from moral insight. In a legal context, we are cast as 'character masks', for example, as 'buyer' and 'seller' or 'landlord' and 'tenant'. We expect to (...) have our claims respected simply because the law has given us rights. We do not want to give any other reason for our behavior than the fact that we have a legal right. Backing rights up with coercive threats indicates that we are willing to accept legal obligations unwillingly. This book offers a conceptual reconstruction of the legal relation on the basis of a critique of legal positivism. (shrink)

This book presents an original picture of the legitimacy underlying the European Union. Drawing on ancient and modern political philosophy, the book argues that the transnational regime is rooted in an individualist social and intellectual culture, and depends on an apolitical, isolated citizenship.

volume 1: Legal positivism, institutionalism and globalisation -- volume 2: Normativism and anti-normativism in law.

In this article it is argued that Jhering’s conception of legal formality, which became notorious for being the most extreme expression of conceptualism, makes sense if it is recast as a theory of rights. It is from this vantage point that Jhering’s later methodological self‐critique becomes intelligible in which he mitigated the strains of conceptual constructivism by reflecting on the value of choice granted by a system of rights.

§1. I consider myself blessed with receiving such kind and sympathetic critiques. All authors have taken it upon themselves to make sense of an enterprise that combines a historical account of juri...

This chapter contains sections titled: Nineteenth‐Century Idealism From Idealism to Nineteenth‐Century Constructivism: The Case of the Historical School From the Turn of the Century to World War II: Disintegration and Reconstruction The Period from 1933 to 1945: “Völkische” Jurisprudence The Period from 1945 to the Present: From Natural Law to Postmodernism References.

This book provides a selective and somewhat cheeky account of prominent positions in legal theory, such as American legal realism, modern legal positivism, sociological systems theory, institutionalism and critical legal studies. It presents a relational approach to law and a new perspective on legal sources. The book explores topics of legal theory in a playful manner. It is written and composed in a way that refutes the widespread prejudice that legal theory is a dreary subject, with a cast of characters (...) that occasionally interact in order to illustrate the claims of the book. Legal experts claim to know what the law is. Legal theory-or jurisprudence-explores whether such claims are warranted. The discipline first emerged at the turn of the 20th century, when the self-confidence of both legal scholarship and judicial craftsmanship became severely shattered, but the crisis continues to this day. (shrink)

Modern legal positivism tries to preserve the normativity of law while abstaining from generally viewing positive laws as reasons for action. This effort is epitomised, in particular, in Raz' idea that the substance of positive law can be imparted from the detached perspective of the ‘legal man’. From that perspective, it is not stated what one ought to do, all things considered, but merely what one ought to do from the legal point of view. The first part of this article (...) shows that the problem that the introduction of the ‘legal man’ is supposed to solve originates from an assimilation of Kelsen's legal positivism to ‘common sense’. The embrace of ‘common sense’, however, divests modern legal positivism of its critical edge. The second part of the article offers both a reductio ad absurdum of a conventionalist understanding of the ‘legal man’ and an analysis of legal knowledge that abstains from exploring its claim to validity. Legal knowledge of that type embraces bitter irony. (shrink)

Historically, the connection between law and practical reason has been subject to at least two expositions. According to the first, the law is the deposit of the moral reasons people have to create a set of institutions. The existence of law is, thus understood, a consequence of potentially universal reasons for action (and a wellspring of further such reasons). Alternately, practical reason can be seen as relevant to positive law in the dual role to limit the tolerable content of positive (...) law and to explain the significance of moral arguments in legal reasoning. The article explores a third perspective that views the emergence of the legal relation as a consequence of the self-critique of practical reason. (shrink)

The concept of law presupposes the concept of the legal relationship. Law authorizes, potentially or actually, the use of coercion in order to guarantee freedom from interference by others. But coercive norms also constitute internal negative liberty for their addressees. A legal obligation cannot require adopting, let alone endorsing, the internal perspective of the law-giver. Legal subjects remain strangers to one another. Reconciling legality with autonomy involves, therefore, conceiving of one′s self-determination from the perspective of someone whose reasoning remains ultimately (...) secluded from others. Realizing this type of relation to oneself gives rise to the ethical legal obligation to assert oneself as a morally self-reliant individual. (shrink)

Hans Kelsen’s claim that the state and the law are identical is surrounded by a somewhat mystical air. Yet, the ‘identity thesis’ loses much of its mystical aura when it is seen as an attempt to recast the state, qua social fact, in deontological terms. The state is seen as a condition necessary to account for the validity of legal acts. Indeed, the meaning of the state is reduced to the function performed by a conception of order in the reproduction (...) of a system of norms. No further social fact would attest to its existence. From a sociological point of view, all law is essentially, and principally, law sans state. (shrink)

La 4e de couverture indique : "The common good and how it can be pursued is a contested question in every polity. It touches upon the core principles of a society and shapes political debates and processes, institutional logics and constitutional settings. The nature and potential finality of the European integration project cannot be understood without taking the question into account. Despite the success story of European integration, it is still an open question wether the Union is in fact more (...) than the sum total of fragmentary compromises between and among the Member states. Is there a European Common Good beyond peace? The current controversies over collective responsibilities and values that surfaced in the financial crisis make a discussion of the common good within the European context compelling.". (shrink)

While it might seem prima facie plausible that divine foreknowledge is all that is needed for prophecy, this seems incorrect. To issue a prophecy, God hasto know not just how someone will act, but how someone would act were the prophecy issued. This makes some think that Middle Knowledge is required.I argue that Thomas Flint’s two Middle Knowledge based accounts of prophecy are unsatisfactory, but one of them can be repaired. However the resources needed for repair also yield a sketch (...) of a foreknowledge-only account of prophecy. (shrink)

Professional philosophers and advanced students working in metaphysics and the philosophy of science will find this book both provocative and stimulating.

The present study investigated whether individual differences between psychologists in thinking styles are associated with accuracy in diagnostic classification. We asked novice and experienced clinicians to classify two clinical cases of clients with two co-occurring psychological disorders. No significant difference in diagnostic accuracy was found between the two groups, but when combining the data from novices and experienced psychologists accuracy was found to be negatively associated with certain decision making strategies and with a higher self-assessed ability and preference for a (...) rational thinking style. Our results underscore the idea that it might be fruitful to look for explanations of differences in the accuracy of diagnostic judgments in individual differences between psychologists (such as in thinking styles or decision making strategies used), rather than in experience level. (shrink)

For a novice this book is a mathematically-oriented introduction to modal logic, the discipline within mathematical logic studying mathematical models of reasoning which involve various kinds of modal operators. It starts with very fundamental concepts and gradually proceeds to the front line of current research, introducing in full details the modern semantic and algebraic apparatus and covering practically all classical results in the field. It contains both numerous exercises and open problems, and presupposes only minimal knowledge in mathematics. A specialist (...) can use the book as a source of references. Results and methods of many directions in propositional modal logic, from completeness and duality to algorithmic problems, are collected and systematically presented in one volume. (shrink)

Scotland has played an immense role in European high culture through the centuries, and among its cultural links none have been greater than those with France. This book shows that the links with France stretch back deep into the Middle Ages, and continue without a break into the 18th century, the Age of Enlightenment.

Thomas Samuel Kuhn (1922–1996) is one of the most influential philosophers of science of the twentieth century, perhaps the most influential. His 1962 book The Structure of Scientific Revolutions is one of the most cited academic books of all time. Kuhn’s contribution to the philosophy of science marked not only a break with several key positivist doctrines, but also inaugurated a new style of philosophy of science that brought it closer to the history of science. His account of the development (...) of science held that science enjoys periods of stable growth punctuated by revisionary revolutions. To this thesis, Kuhn added the controversial ‘incommensurability thesis’, that theories from differing periods suffer from certain deep kinds of failure of comparability. (shrink)

This Is A New Release Of The Original 1868 Edition.

Thomas Kuhn transformed the philosophy of science. His seminal 1962 work "The Structure of Scientific Revolutions" introduced the term 'paradigm shift' into the vernacular and remains a fundamental text in the study of the history and philosophy of science. This introduction to Kuhn's ideas covers the breadth of his philosophical work, situating "The Structure of Scientific Revolutions" within Kuhn's wider thought and drawing attention to the development of his ideas over time. Kuhn's work is assessed within the context of other (...) philosophies of science notably logical empiricism and recent developments in naturalized epistemology. The author argues that Kuhn's thinking betrays a residual commitment to many theses characteristic of the empiricists he set out to challenge. Kuhn's influence on the history and philosophy of science is assessed and where the field may be heading in the wake of Kuhn's ideas is explored. (shrink)

Two sources of possible disagreement in bioethics may be associated with pessimism about what bioethics can achieve. First, pluralism implies that bioethics engages with interlocutors who hold divergent moral beliefs. Pessimists might believe that these disagreements significantly limit the extent to which bioethics can provide normatively robust guidance in relevant areas. Second, the interdisciplinary nature of bioethics suggests that interlocutors may hold divergent views on the nature of bioethics itself—particularly its practicality. Pessimists may suppose that interdisciplinary disagreements could frustrate the (...) goals of bioethics. In this article, I explore how wonder may alleviate the concerns of the first group of pessimists regarding problems associated with pluralism, provided that we are willing to accept some interdisciplinary frustrations. Then, I invite readers of this issue of The Journal of Medicine & Philosophy to test these intuitions by considering the role of wonder in these articles. (shrink)

Achieving space situational awareness requires, at a minimum, the identification, characterization, and tracking of space objects. Leveraging the resultant space object data for purposes such as hostile threat assessment, object identification, and conjunction assessment presents major challenges. This is in part because in characterizing space objects we reference a variety of identifiers, components, subsystems, capabilities, vulnerabilities, origins, missions, orbital elements, patterns of life, operational processes, operational statuses, and so forth, which tend to be defined in highly heterogeneous and sometimes inconsistent (...) ways. The Space Domain Ontologies are designed to provide a consensus-based realist framework for formulating such characterizations in a way that is both consistent and computable. Space object data are aligned with classes and relations in a suite of ontologies built around the existing Space Object Ontology. They are stored in a dynamically updated Resource Description Framework triple store, which can be queried to support space situational awareness and the needs of spacecraft operators and analysts. This paper provides an overview of the Space Domain Ontologies and their development and use. It presents the motivation for and advantages of the Space Domain Ontologies, including the benefits they provide for enhancing and maintaining long-term space situational awareness. (shrink)

' But, although such a being (a purely intellectual being) might perhaps be conceived to exist, and although, in studying our internal frame, ...

Achieving space domain awareness requires the identification, characterization, and tracking of space objects. Storing and leveraging associated space object data for purposes such as hostile threat assessment, object identification, and collision prediction and avoidance present further challenges. Space objects are characterized according to a variety of parameters including their identifiers, design specifications, components, subsystems, capabilities, vulnerabilities, origins, missions, orbital elements, patterns of life, processes, operational statuses, and associated persons, organizations, or nations. The Space Object Ontology provides a consensus-based realist framework (...) for formulating such characterizations in a computable fashion. Space object data are aligned with classes and relations in the Space Object Ontology and stored in a dynamically updated Resource Description Framework triple store, which can be queried to support space domain awareness and the needs of spacecraft operators. This paper presents the core of the Space Object Ontology, discusses its advantages over other approaches to space object classification, and demonstrates its ability to combine diverse sets of data from multiple sources within an expandable framework. Finally, we show how the ontology provides benefits for enhancing and maintaining longterm space domain awareness. (shrink)

Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features and practical considerations . The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues (...) that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue. (shrink)

Many introductions to this field start with the problem of justifying scientific knowledge but Alexander Bird begins by examining the subject matter, or metaphysics, of science. Using topical scientific debates he vividly elucidates what it is for the world to be governed by laws of nature. This idea provides the basis for explanations and causes and leads to a discussion of natural kinds and theoretical entities. With this foundation in place he goes on to consider the epistemological issues of (...) how science arrives at knowledge, favouring a treatment of scientific reasoning based on inference to the best explanation. Drawing on contemporary work in epistemology, Bird argues that scepticism about induction should not be a problem for science and examines the consequences of this position for controversies surrounding the ideas of scientific progress and scientific revolution. Bird's insightful treatment makes Philosophy of Science an ideal text for undergraduate courses. The guides to further reading provided in each chapter help the reader pursue interesting topics and facilitate the use of the book in conjunction with primary sources. (shrink)

George Berkeley (1685-1753) is the superstar of Irish Philosophy. He entered Trinity College, Dublin, in 1700 and became a fellow in 1707. In 1724 he resigned his Fellowship to become Dean of Derry, and in 1734 he was made Bishop of Cloyne. He settled in Oxford in 1752 and died the following year. The work of George Berkeley is marked by its diversity and range. His writings take in such topics as mathematics, psychology, politics, health, economics, deism and education, as (...) well as that with which he is most associated - philosophy. Whatever topic he dealt with, his grasp of the subject matter was always impressive and his criticisms of his contemporaries often acute. Among the most noteable of the British Empiricists, he took his starting point from Locke's new 'way of ideas', but he rejected abstract ideas and the possibility of real existence outside perception. It is for this doctrine that he is most known - that there is no such thing as matter, and that things are collections of ideas which can exist only in our minds and only for so long as they are perceived. This philosophy, summed up in his phrase 'to be is to be perceived', he termed 'immaterialism'. A.C. Fraser's collection includes a series of what were previously unpublished notes by Berkeley on all the main topics of his philosophy. This, the 1901 edition, was the first complete edition of his works. (shrink)

Toy models are highly idealized and extremely simple models. Although they are omnipresent across scientific disciplines, toy models are a surprisingly under-appreciated subject in the philosophy of science. The main philosophical puzzle regarding toy models concerns what the epistemic goal of toy modelling is. One promising proposal for answering this question is the claim that the epistemic goal of toy models is to provide individual scientists with understanding. The aim of this article is to precisely articulate and to defend this (...) claim. In particular, we will distinguish between autonomous and embedded toy models, and then argue that important examples of autonomous toy models are sometimes best interpreted to provide how-possibly understanding, while embedded toy models yield how-actually understanding, if certain conditions are satisfied. _1_ Introduction _2_ Embedded and Autonomous Toy Models _2.1_ Embedded toy models _2.2_ Autonomous toy models _2.3_ Qualification _3_ A Theory of Understanding for Toy Models _3.1_ Preliminaries and requirements _3.2_ The refined simple view _4_ Two Kinds of Understanding with Toy Models _4.1_ Embedded toy models and how-actually understanding _4.2_ Against a how-actually interpretation of all autonomous toy models _4.3_ The how-possibly interpretation of some autonomous toy models _5_ Conclusion. (shrink)

Unlike some other reproductions of classic texts (1) We have not used OCR(Optical Character Recognition), as this leads to bad quality books with introduced typos. (2) In books where there are images such as portraits, maps, sketches etc We have endeavoured to keep the quality of these images, so they represent accurately the original artefact. Although occasionally there may be certain imperfections with these old texts, we feel they deserve to be made available for future generations to enjoy.