For more than a decade, activists, scholars, journalists, and politicians of various stripes have been discussing and decrying mass incarceration. This collection of voices has mostly focused on contingent features of the phenomenon. Critics mention racial disparities, poor prison conditions, and spiraling costs. Some critics have alleged broader problems: they have called for an end to all incarceration, even all punishment. Lost in this conversation is a focus on what is inherently wrong with mass incarceration specifically. This essay fills that (...) void and supplies an answer, drawing on the early modern English philosopher Thomas Hobbes. On the Hobbesian account developed here, mass incarceration is always wrong because it is always inconsistent with having a free society. (shrink)

The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at best, we (...) should be skeptical of Fuller's inner morality of law in light of the experimental data. (shrink)

Little attention is given to Richard Rorty’s metaethical views. No doubt this stems from the fact that most commentators are more interested in his metaphilosophical views; most see his metaethical views, offered in scattered passages, as just the downstream runoff from higher-level reflection. This article considers Rorty’s metaethics on their own merits, quite apart from whether his global picture works. I ultimately argue that Rorty’s metaethical outlook is attractive but beset by internal difficulties. Specifically, I contend that Rorty does not (...) and cannot remain faithful to the methodological approach to metaethics for which he advocates. At the paper’s close, I gesture at a nearby methodological approach that best approximates Rorty’s metaethical methodology. (shrink)

Almost twenty years ago, a genuinely new school of thought emerged in the field of jurisprudential methodology. It is a pragmatist school. Roughly, the pragmatists contend that, when inquiring about the nature of law, we should evaluate potential answers based on practical criteria. For many legal philosophers, this contention seems both unclear and unhinged. That appearance is lamentable. The pragmatist approach to jurisprudential methodology has received insufficient attention for at least two reasons. First, the pragmatists do not conceive of themselves (...) as comprising a school; in fact, these proponents have different names for their common position, which makes it hard to see the commonalities. Second, the most famous statement of the pragmatist view has received withering criticism, criticism that has not been sufficiently answered, a fact that may lead opponents of pragmatism, as well as potential supporters, to doubt that a viable view of this kind can be held. This Essay aims to serve as a corrective. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we can (...) see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

The current standard interpretation of Moore’s proof assumes Moore offers a solution to Kant’s famously posed problem of an external world, which Moore quotes at the start of his 1939 lecture “Proof of an External World.” As a solution to Kant’s problem, Moore’s proof fails utterly. Similarly, a second received interpretation imputes an aim of refuting metaphysical idealism that Moore’s proof does not at all achieve. This study departs from the received interpretations to credit Moore’s stated aim for the proof (...) Moore performed in his 1939 lecture that is to impose a counter-example to an explicitly stated presupposition of Kant’s famously posed problem of an external world. The outcome would therefore subvert Kant’s problem. There is not, however, any rival external world problem that Moore commends in place of Kant’s problem. (shrink)

Metaethical minimalism. sometimes called quietism, is the view that first-order moral judgments can be true but nothing makes them true. This article raises three worries for that view. First, minimalists have no good reason to insist that moral judgments can be true. Second, minimalism, in abandoning the requirement that true judgments need to have truthmakers, leads to a problematic proliferation of truths. Third, most versions of minimalism entail a disjointed and therefore unacceptable theory of language and thought.

Beginning with a thought experiment about a mysterious Delphic oracle, this article motivates, explains, and attempts to defend a view it calls Ethical Pragmatism. Ethical Pragmatism is the view that we can and should carry on our practice of moral deliberation without reference to moral truths, or more broadly, without reference to metaethics. The defense the article mounts tries to show that neither suspicions about the tenability of fact-value distinctions, nor doubts about the viability of global pragmatism, nor worries about (...) the “force” of ethical injunctions without reference to moral truths constitute good reason to reject Ethical Pragmatism. (shrink)

Ronald Dworkin and Richard Rorty are sometimes thought to be diametrically opposed philosophers, particularly in their approach to foundational questions in moral thought. Dworkin is a champion of truth and objectivity in morality. Rorty, by contrast, is a great pragmatist who subscribed to a deflated vision of truth and unambiguously renounced objectivity, in favor of what he called “solidarity”. If their stated -isms and alliances were not evidence enough of discord, they also criticized one another in print, particularly on these (...) foundational, or metaethical, questions. The point of this chapter is to show that things are not what they seem: Rorty and Dworkin largely agree on metaethics. The difference between them is largely a difference in emphasis. (shrink)

A man, carrying a gun in his waistband, robs a food vendor. In making his escape, the gun discharges, critically injuring the robber. About such instances, it is common to think, “he got what he deserved.” This Article seeks to explore cases like that—cases of “natural punishment.” Natural punishment occurs when a wrongdoer faces serious harm that results from her wrongdoing and not from anyone seeking retribution against her. The Article proposes that U.S. courts follow their peers and recognize natural (...) punishment as genuine punishment for legal, specifically constitutional, purposes. Were U.S. courts to do so, they would need to reduce the amount of punishment they would otherwise bestow on wrongdoers upon conviction if a natural punishment has occurred or foreseeably will occur. A handful of foreign jurisdictions already accept something like this Article’s proposal, but natural punishment has no formal legal recognition in the United States. The goal of this Article is twofold: first, it offers a rigorous and defensible definition of natural punishment by distinguishing it from nearby notions and dispelling any association with supernatural ideas; second, it demonstrates that recognizing natural punishment as genuine punishment will not much disturb existing American legal institutions and understandings. -/- As an added bonus, the concept of natural punishment can be employed to solve a longstanding problem in criminal law theory, the Mystery of Credit for Time Served. The Mystery surrounds the common practice of giving prisoners credit toward their prison sentences for their time served in jail awaiting trial. The Mystery poses a dilemma about whether the detention time was punishment: If it was punishment, then the detainee was punished before trial in violation of Due Process; however, if the time was not punishment, there is no reason to discount the prison sentence. Seeing the time in detention as an instance of natural punishment resolves the Mystery. (shrink)

This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates about experimental philosophy generally, (...) one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

The evolution of development can be made accessible to study by exploiting closely related species that exhibit distinct ontogenies. The direct‐developing sea urchin Heliocidaris erythrogramma is closely related to indirect‐developing sea urchins that develop via a feeding larval stage. Superficial consideration would suggest that simple heterochronies resulting in loss of larval features and acceleration of adult features could explain the substitution of direct for indirect development. However, our experiments show that early development has in fact been extensively remodeled, with modified (...) localization of maternal determinants coupled with dissociation of cell cleavage from axis formation resulting in novel patterns of cell lineage differentiation and fate map. Gene expression has undergone concomitant changes. (shrink)

This essay offers a new way to conceptualize the “police violence against Blacks” phenomenon. I argue that we should see the situation as an instance of what Thomas Hobbes called the state of nature, that is, a state without effective law. This understanding of the phenomenon stands in sharp contrast to that offered by Professor Michelle Alexander in her book The New Jim Crow. Alexander sees the phenomenon as a continuation of centuries-old patterns of state-backed anti-Black racism. My account is (...) that police are not under control of the state in their interactions with Blacks. (shrink)

Scattered skeptical remarks and a general austerity that infused his writings have given Justice Oliver Wendell Holmes a reputation as some type of nihilist. Noted commentators such as Richard Posner and Albert Alschuler have claimed as much. This article seeks to correct this misunderstanding. Holmes was not a nihilist in the sense of being melancholy due to a belief that the world has no absolute moral values or gods. Instead, Holmes was a pragmatist in the spirit of William James and (...) John Dewey. While Holmes had doubts about moral truth and deities, he ultimately thought that their existence (or non-existence) should have no bearing on our behavior or the law. We must, through our collective efforts, find values that work for us. (shrink)

In a recent paper, Thomas Carnes develops a novel argument for reparations for historical injustices. This Reply shows that Carnes succeeds only at the cost of invoking an implausible formalism. The Reply also presents in brief a simpler argument for reparations.

This short review raises a trilemma for Chris Voparil’s reading of Richard Rorty. Voparil must deny one of three things. He must deny that Rorty affirmed a Jamesian approach to metaethics; he must deny that Rorty affirmed a version of Peircean realism; or, he must deny that Rorty treated all domains of discourse roughly the same. Because Rorty is quite clear in his commitment to the first and third theses and far less clear in affirming Peircean realism, I argue that (...) Voparil is forced to give up attributing realism to Rorty or must simply concede that his version of Rorty is incoherent. (shrink)

The concept of homology arose from classical studies of comprative morphology, and took on a new signficance with the advent of evolutionary theory. It is currentlyl undergoing antoher metamorphosis: many developmental geneticists now dfine homology as shared patterns of gene expression. However, this ne usage conflaes difinition with criteri, and fails to recognize the meaninful asignments of homology must speify a biologcal level. We argue the although developmental genetic data can help identify homologus structures. they are niether necessary nor sufficient, (...) and do not in any case jutify a new definition of homology. (shrink)

The current standard interpretation of Moore’s proof assumes he offers a solution to Kant’s famously posed problem of an external world, which Moore quotes at the start of his 1939 lecture “Proof of an External World.” As a solution to Kant’s problem, Moore’s proof would fail utterly. A second received interpretation imputes an aim of refuting metaphysical idealism that Moore’s proof does not at all achieve. This study departs from received interpretations to credit the aim Moore announced for the proof (...) Moore performed in his 1939 lecture. Moore’s aim was to impose a counter-example to a stated presupposition of Kant’s problem of an external world. Moore’s lecture nevertheless neither endorses a replacement for Kant’s problem nor acknowledges that an immediate implication of achieving his announced aim would subvert Kant’s famously posed problem of an external world. (shrink)

Comprehending the origin of marine invertebrate larvae remains a key domain of research for evolutionary biologists, including the repeated origin of direct developmental modes in echinoids. In order to address the latter question, we surveyed existing evidence on relationships of homology between the ectoderm territories of two closely related sea urchin species in the genus Heliocidaris that differ in their developmental mode. Additionally, we explored a recently articulated idea about homology called ‘organizational homology’ (Muller 2003. In: Muller GB, Newman SA, (...) editors. Origination of organismal form: beyond the gene in developmental and evolutionary biology. Cambridge, MA: A Bradford Book, The MIT Press. p 51–69. ) in the context of this specific empirical case study. Applying the perspective of organizational homology to our experimental system of congeneric echinoids has led us to a new hypothesis concerning the ectoderm evolution in these species. The extravestibular ectoderm of the direct developer Heliocidaris erythrogramma is a novel developmental territory that arose as a fusion of the oral and aboral ectoderm territories found in indirect developing echinoids such as Heliocidaris tuberculata. This hypothesis instantiates a theoretical principle concerning the origin of developmental modules, ‘integration’, which has been neglected because the opposite theoretical principle, ‘parcellation’, is more readily observable in events such as gene duplication and divergence (Wagner 1996. Am Zool 36:36–43). J. Exp. Zool. (Mol. Dev. Evol.) 306B:18– 34, 2006. (shrink)

The species concept is one of the oldest and most fundamental in biology. And yet it is almost universally conceded that no satisfactory definition of what constitutes a species has ever been proposed. The present article is devoted to an attempt to review the status of the problem from a methodological point of view. Since the species is one of the many taxonomic categories, the question of the nature of these categories in general needs to be entered into.

The current standard interpretation of Moore’s proof assumes he offers a solution to Kant’s famously posed problem of an external world, which Moore quotes at the start of his 1939 lecture “Proof of an External World.” As a solution to Kant’s problem, Moore’s proof would fail utterly. A second received interpretation imputes an aim of refuting metaphysical idealism that Moore’s proof does not at all achieve. This study departs from received interpretations to credit the aim Moore announced for the proof (...) Moore performed in his 1939 lecture. Moore’s aim was to impose a counter-example to a stated presupposition of Kant’s problem of an external world. Moore’s lecture nevertheless neither endorses a replacement for Kant’s problem nor acknowledges that an immediate implication of achieving his announced aim would subvert Kant’s famously posed problem of an external world. (shrink)

Once, G. E. Moore scorned the “common point of view which takes the world of experience as ultimately real.” The argument Moore followed to this sceptical conclusion in his fledgling 1897 fellowship dissertation was a legacy from Kant's Antinomies. By 1899 Moore had renounced idealist conclusions; he set out both to disengage from Kantian arguments and to reconcile with “the world of experience.” Moore's work for a stable realist basis for knowledge to fulfil both aims occupied his most famous argument, (...) in his 1939 lecture “Proof of an External World.” Moore himself is sometimes supposed to have thought the argument of this masterwork unsatisfactory where it treats a traditional sceptical puzzle posed by dreaming. Critics, including Wittgenstein, have portrayed Moore's best reply to philosophical scepticism as dogmatic mere assertion, unresponsive or as ineffectual as sheer handwaving. However, these critics rate Moore's success against scepticism based on interpretations of “Proof of an External World” that neglect its part in Moore's campaign against Kant. Consequently, some potentially pivotal questions — which in this study I merely broach — remain wide open; for example, why in presenting his famous 1939 proof did Moore state that its purpose was to refute what “Kant declares to be his opinion, that there is only one possible proof of the existence of things outside of us”? And why did Moore explicitly reject the formula for posing philosophical scepticism in which Kant famously proclaimed this problem “a scandal to philosophy”? (shrink)

The drive to 'unify' post-compulsory education and training systems is one of the most important current developments in education policy. However the concept of 'unification' lacks clarity, is not widely recognised, and is pursued through different measures in different countries. In this paper we propose a conceptual framework with which to analyse the different meanings of and debates about unification. Using England and Scotland as examples, we show how the framework may be used to analyse existing systems, reform strategies, and (...) processes and pressures for change. The framework is exploratory and will need to be tested and developed in relation to a wider variety of education systems. (shrink)