"Annual General Meeting Members Lunch." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (202), pp. 17.

There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for (...) manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization. (shrink)

There is an important moral difference between laws that criminalize drugs and prostitution and laws that make them illegal in other ways: criminalization violates our moral rights in a way that nonlegalization does not. Criminalization is defined as follows. Drugs are criminalized when there are criminal penalties for using or possessing small quantities of drugs. Prostitution is criminalized when there are criminal penalties for selling sex. Legalization is defined as follows. Drugs are legalized when there are no criminal penalties for (...) manufacturing, selling and possessing large quantities of drugs. Prostitution is legalized when there are no criminal penalties for owning or operating a brothel or escort service, no criminal penalties for working as a paid agent for sex work, and no criminal penalties for paying someone for sex who is above the age of legal employment and sexual consent. The criminalization of drugs and prostitution violate the right of self-sovereignty in depriving individuals of important forms of control over their own minds and bodies, but nonlegalization does not violate this right. It is therefore consistent, as a matter of principle, to advocate decriminalization but to oppose legalization. (shrink)

Vice crimes, crimes prohibited in part because they are viewed as morally corrupting, engage legal theorists because they reveal importantly contrasting views between liberals and virtue-centered theorists on the very limits of legitimate state action. Yet advocates and opponents alike focus on the role law can play in suppressing personal vice; the role of law is seen as suppressing licentiousness, sloth, greed etc. The most powerful advocates of the position that the law must nurture good character often draw (...) on Aristotelian theories of virtue to ground the connection between law and virtue. While Aristotle believed that law and character were linked, it is ironic to note that he did not argue for the position evidenced in our vice laws that law was likely to succeed in instilling virtue. Indeed, Aristotle thought the project of using law to instill private virtue was nearly certain to fail. Aristotle’s deep concern was not for the way law protected private virtue within each person but the way law had to protect civic virtue between citizens. This article argues that even from its foundations, the project of vice crimes as moral instruction is misconceived. The use of law for overly instrumental or narrow reasons opens law and legal institutions to abuse and factionalism. Lawyers, judges and others specially connected to law must first and foremost aim at addressing “legal vices,” vices internal to the institutions of law. Particularly, increasing factionalism and instrumentalism which disconnects law from the pursuit of the common good threatens our civic bonds. Most importantly, where civic bonds are disrupted, citizens have no reason to remain law abiding. The striking lesson, captured both in ancient philosophy and modern history, is that when legal vices grow unchecked and factions use the law to pursue narrow interests, ultimately law abidingness is corrupted and interest groups harm themselves as much as others. (shrink)

First paragraph: It is worth distinguishing two kinds of role that ideas of virtue and vice might play in the criminal law (or in our theoretical understanding of the criminal law). Each kind admits of a range of variations; each can be more or less ambitious in scope and aim: but although there are of course quite close connections between the two kinds, we can usefully sketch them as two different ways of developing a virtue jurisprudence of criminal law. (...) Both kinds of role are connected to views of the proper aims of a system of criminal law: in the first case, a view of the further goods that criminal law should aim to achieve; in the second case, a view of the proper objects of criminal liability. (shrink)

Man will never be virtuous, until his interests instruct him to be so. So long as these shall even so much as seem opposed to his virtue, he will inevitably pursue the former and renounce the latter. That which must be done, is to clear from his mind the horrible mists and fogs of prejudice--bid him no longer worship the cold prescriptions of policy, for the warm principles of justice--to free his soul from the fetters of authority--to remit and exalt (...) him to himself--to let him seek, by the light of his conscience alone, in the joyous, genial climate of his own free spirit, for all the rules of his conduct. Then, and not till then, will he be virtuous and happy.--(PsycINFO Database Record (c) 2008 APA, all rights reserved). (shrink)

Some of the most problematic human behaviors involve vices of the mind such as arrogance, closed-mindedness, dogmatism, gullibility, and intellectual cowardice, as well as wishful or conspiratorial thinking. What sorts of things are epistemic vices? How do we detect and mitigate them? How and why do these vices prevent us from acquiring knowledge, and what is their role in sustaining patterns of ignorance? What is their relation to implicit or unconscious bias? How do epistemic vices and systems of social oppression (...) relate to one another? Do we unwittingly absorb such traits from the process of socialization and communities around us? Are epistemic vices traits for which we can blamed? Can there be institutional and collective epistemic vices? This book seeks to answer these important questions about the vices of the mind and their roles in our social and epistemic lives, and is the first collection of its kind. Organized into three parts, chapters by outstanding scholars explore the nature of epistemic vices, specific examples of these vices, and case studies in applied vice epistemology, including education and politics. Alongside these foundational questions, the volume offers sophisticated accounts of vices both new and familiar. These include epistemic arrogance and servility, epistemic injustice, epistemic snobbishness, conspiratorial thinking, procrastination, and forms of closed-mindedness. Vice Epistemology is essential reading for students of ethics, epistemology, and virtue theory, and various areas of applied, feminist, and social philosophy. It will also be of interest to practitioners, scholars, and activists in politics, law, and education. (shrink)

We show that the so-called Multiple-Computations Theorem in cognitive science and philosophy of mind challenges Landauer’s Principle in physics. Since the orthodox wisdom in statistical physics is that Landauer’s Principle is implied by, or is the mechanical equivalent of, the Second Law of thermodynamics, our argument shows that the Multiple-Computations Theorem challenges the universal validity of the Second Law of thermodynamics itself. We construct two examples of computations carried out by one and the same dynamical process with respect to which (...) Landauer’s principle implies contradictory predictions concerning the entropy increase. Our two examples are based on a weak version of the Multiple-Computations Theorem, which is quite uncontroversial, and therefore they amount to a clear refutation of the universal validity of Landauer’s Principle. We consider some responses to this argument that do not attempt to single out one computation over the others, and we show that they do not work. We further consider ways out of the argument by externalist approaches supporting the computational theory of the mind who propose that the interaction of a computing system with the environment is enough to select a single computation over the others. We show on physical grounds that this approach fails too. We then reverse the direction of our challenge and formulate a dilemma for supporters of the computational theory of the mind: they must reject the causal closure of physic; or else they must accept on a priori grounds that Landauer’s Principle and the Second Law of thermodynamics are not universally valid. Finally, we present our version of a type–type mind-brain identity theory called Flat Physicalism, which is based on the paradigm case of statistical mechanics, and we show that it circumvents the challenge from Landauer’s Principle and the Multiple-Computations Theorem and does not fall prey to our dilemma. (shrink)

Incest is a crime in most societies. In the United States, incest is punishable in almost every state with sentences going as far as 20 and 30 years in prison, and even a life sentence. Yet the reasons traditionally proffered in justification of criminalization of incest—respecting religion and universal tradition; avoiding genetic abnormalities; protecting the family unit; preventing sexual abuse and sexual imposition; and precluding immorality—at a close examination, reveal their under- and over-inclusiveness, inconsistency or outright inadequacy. It appears that (...) the true reason behind the long history of the incest laws is the feeling of repulsion and disgust this tabooed practice tends to evoke in the majority of population. However, in the absence of wrongdoing, neither a historic taboo nor the sense of repulsion and disgust legitimizes criminalization of an act. (shrink)

This symposium contribution offers a reconsideration of a range of “vice crime” legislation from late nineteenth and early twentieth century American law, criminalizing matters such as prostitution, the use of opiates, illegal gambling, and polygamy. According to the standard account, the original justification for these offenses was purely moralistic and paternalistic ; and it was only later, in the late twentieth century, that those who supported such legislative initiatives sought to justify them in terms of their ability to prevent (...) harms. This piece argues that the rationale for these vice crimes laws was much more complicated than has traditionally been thought, encompassing not just moralistic justifications but also a wide range of harm-based rationales—similar to those that underlie modern, technocratic, “preventive justice” legislation involving matters such as anti-social behavior orders, sex offender registration, stop-and-frisk policing, and the fight against terrorism. (shrink)

While the emancipatory efforts of the Czech national revival culminated at the end of the 18th and in the 19th century, manifestations of national feeling in the 17th century Czech Lands were rather rare. The article focuses on the concept of nationality as it was treated by scholars from the monastic orders such as the German provincial of the Czech Franciscan province, Bernhard Sannig (1637–1704), or the Czech Jesuit Bohuslav Balbín (1621–1688), whose views are briefly compared with those of the (...) most significant representative of the Czech Protestant emigration – Johann Amos Comenius (1592–1670). By the means of analysis and comparison of several texts, the article investigates how the concept of nationality was gradually rationalized and moralized through the ethical categories of vice and virtue. These reflections on nation, nationality, and patriotism and their moral assessment demonstrate that their authors anticipated some elements of the later formulated doctrine of the natural law of nations, which theoretically justified the demands of the Czech national revival and formed the basis for the concept of Czech history. (shrink)

From outlawing bowling in colonial America to regulating violent video games and synthetic drugs today, Mark Stein's Vice Capades examines thenation's relationship with the actions, attitudes, and antics that have defined morality. This humorous and quirky history revealsthat our views of vice are formed not merely by morals but by power. While laws against nude dancing have become less restrictive, laws restricting sexual harassment have been enacted. While marijuana is no longer illegal everywhere, restrictive laws have been enacted (...) against cigarettes. Stein examines this nation's inconsistent moral compass and how the powers-that-be in each era determine what is or is not deemed a vice. From the Puritans who founded Massachusetts with unyielding, biblically based lawsto those modern purveyors of morality who currently campaign against video game violence, Vice Capadeslooks at the American history we all know from a fresh and exciting perspective and shows how vice has shaped our nation, sometimes without us even knowing it. (shrink)

A rapidly growing body of scholarship embraces virtue jurisprudence, a series of (often ad hoc) attempts to incorporate the philosophical tradition of virtue ethics into legal theory. Broadly understood, virtue ethics describes an approach to moral questions that emphasizes the importance of developing and embodying various virtues, often as manifestations of human flourishing. Scholars typically contrast virtue ethics with deontological and consequentialist moral theories, tracing virtue-centered analysis to ancient Greek philosophers, and in particular to Aristotle. Virtue ethics has experienced a (...) revival over the past 65 years; but, long before that, it proved especially influential in Catholic moral thought, particularly through the work of Aquinas. Perhaps relatedly, scholars have seized on virtue jurisprudence to defend a range of politically conservative positions, such as originalist constitutional interpretation and the propriety of utilizing the law to regulate ostensibly “private” immoralities. This Article reveals the radically underappreciated progressive promise of virtue jurisprudence. Virtue jurisprudence requires no religious commitments whatsoever, but a strong version entails acceptance of the moral significance of developing one’s character—both within and without the law. On a compelling understanding of the virtues, rejecting a state of perpetual disadvantage under the law is a meaningful marker of the virtue of self-respect, and a repudiation of the vice of servility that would otherwise be imposed by the legal system itself. Thus, contrary to the predominant tenor of research on the subject, virtue jurisprudence can ground significant resistance to—and even defiance of—the law. In making this argument, the Article also draws novel connections between virtue jurisprudence and literature on (inter alia) race, feminism, and sexual orientation to reveal the unnoticed potential of virtue jurisprudence to push forward work in those and related areas. At a time when massive and widespread protests across the United States reflect a groundswell of support for overturning certain long-standing, legally-ingrained, systemic disadvantages of people of color, many might be surprised to learn that virtue jurisprudence can serve as a potent theoretical ally. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Vice, Disorder, Conduct, and CulpabilityStephen J. Morse (bio)Keywordsvice, conduct, culpability, mental disorderDr. John sadler’s interesting paper raises an important issue. It defines vice as criminal, wrongful or immoral behavior. He claims that the Diagnostic and Statistical Manual of Mental Disorders (DSM) “confounds the concepts of vice and mental illness” and that this confounding has “important implications... for the relationship between crime, criminality, wrongful conduct, and mental (...) illness.” The paper correctly notes that disorders for which vice is the primary criterion tend to be impoverished diagnostically and are probably less valid than non–vice-related disorders. Dr. Sadler wonders if the subjects of his case studies are “involved in sick behavior, immoral behavior, both, neither, or some other metaphysical kind altogether.” This is an excellent question that this comment will seek to clarify. It will also consider the moral and legal implications of the answer.The domain of immoral, wrongful, and criminal behavior is essentially action. Some moral and religious traditions evaluate the content of an agent’s thoughts, desires, and character, but the dominant view is that vice primarily describes action that is wrongful because it violates the rights of others or it is wrong in itself. The rules of morality and law create value, but their essential task is to guide the action of agents who must live together. Dr. Sadler does not explicitly recognize that the diagnostic criteria that are vice are all actions, and not simply abnormal perceptions, desires, thoughts, or moods. His three case studies of conduct disorder, factitious disorder, and paraphilia confirm this point. Even pedophilia, which can be diagnosed simply on the basis of urges or fantasies that cause marked distress or interpersonal difficulty, would not be considered a vice unless the agent acted on these sexual urges. Those individual actions that meet Dr. Sadler’s criteria for vice I will term “vice actions.”Actions, including vice actions, may be evaluated medically and morally. There is no logical or conceptual reason why the same action cannot be both a sign of mental disorder and wrongful and potentially blameworthy. Actions can be just mad, just bad, or mad and bad. Also, the same action may sometimes be a sign of disorder and sometimes not. No general argument suggesting the contrary is provided. Consequently, there is no confound between the concepts of vice and mental disorder unless vice actions fail to satisfy the generic criteria for being a sign of mental disorder. Dr. Sadler seems to implicitly recognize [End Page 47] this when he asks whether vice–mental disorder relationship criteria are impoverished because there is a lack of consensus about “the minimum requirements for an acceptable set of descriptive criteria for a mental disorder category,” or when he asks “where criminal syndromes... fit into a classification of mental disorders.”No consensual, generic definition of mental disorder exists, and deciding whether actions should be signs of mental disorder is particularly fraught because cultural context and values always play a role in the definition of mental disorder. The other potential signs and symptoms of mental disorder are virtually all phenomena that simply happen to people and are not products of agency. Actions are by definition the product of agency, however, and vice actions affect by definition the rights and interests of others. The latter is true whether or not the agent is “vicious.” Even if an agent who has done wrong is excused, the rights of the victim have been violated.Moral, political, and legal evaluation is largely beside the point for non-action signs and symptoms, but it is always on point for vice actions. This is the primary potential source of the confound between vice and disorder. To claim that a vice action is a sign of disorder because it is vice begs the question and is indeed a confound. Even the presence of a biological marker will not save this claim. All human action presumably has biological markers and one cannot say that a marker is of a disorder without first having an independent definition of disorder that the vice action satisfies.Until a robust theory of mental disorder is provided, we cannot determine whether a vice action is... (shrink)

A common objection to Humeanism about natural laws is that, given Humeanism, laws cannot help explain their instances, since, given the best Humean account of laws, facts about laws are explained by facts about their instances rather than vice versa. After rejecting a recent influential reply to this objection that appeals to the distinction between scientific and metaphysical explanation, I will argue that the objection fails by failing to distinguish between two types of facts, only one of which Humeans (...) should regard as laws. I will then conclude by rebutting a variant of this objection that appeals to a principle of metaphysical explanation recently put forward by Kit Fine. (shrink)

This paper raises four queries about Simester’s defective engagement with reason account of culpability found in his Fundamentals of Criminal Law: (1) the characterisation of the account in terms of moral ‘vices’; (2) the basis for identifying a vice as a ‘moral’ vice; (3) what is involved in an agent manifesting ‘insufficient care and concern’ for the interests of others; and (4) whether the account is an account of culpability generally, or is instead an account of criminal culpability, (...) i.e., the type of culpability necessary for criminal conviction. (shrink)

In A Treatise on Virtues and Rewards, Dragonetti advances a theory of action based on rewards for virtues. The idea of rewards, especially of awards, relies on the hypothesis that intrinsic motivations drive the actions of good or virtuous citizens. We apply this theory to virtuous entrepreneurs who voluntarily adopt ethical principles as promoted by a recent Italian law. These firms receive an ethical rating by the Italian Competition Authority and can access a set of economic and non-economic benefits. We (...) survey a sample of 152 private companies with an ER and examine their views on the economic and social motivations and benefits as well as the perceived usefulness of the ER for improving ethical behaviour. An exploratory factor analysis detects four categories of motivation and two categories of benefits, which we use in regression models to test Dragonetti’s theory. Overall, respondents see the ER as an effective tool, except in terms of improving economic performance. We also find that entrepreneurs with lower economic and higher responsiveness motivations attain higher ERs. However, in the respondents’ opinions, the ER is not producing any concrete benefits since we find no relationship between the ER and economic or competitive rewards. These findings have implications for the ICA as well as for private companies. (shrink)

There are a class of moral virtues that have an intimate relationship with agential evaluation, following Gary Watson we can call these ‘second-order virtues,’ e.g., modesty, blind charity, being judgmental, etc. Julia Driver has argued that these virtues are distinguished by being virtues which require ignorance. Richard Y. Chappell and Helen Yetter-Chappell have argued that these virtues are distinguished by being virtues of salience. Aside from the disagreement about the distinguishing features of these virtues, there is an intrinsic interest in (...) the second-order virtues and vices. For these virtues and vices play an integral role in moral education and character formation. This paper seeks to deepen that discussion by examining a second-order vice, namely, the vice of being judgmental. I argue that being judgmental requires a salience structure which exhibits undue attention to the negative features of others (pace Jessie Munton). Modeling being judgmental as a vice of attention helps to unify the various characteristics of judgmental persons, namely, a tendency to excessive standing, excessive epitomization, and relational qualification. As an upshot, we receive another reason to adopt an attention model of the second-order virtues and vices. (shrink)

Some think that logic concerns the “laws of truth”; others that logic concerns the “laws of thought.” This paper presents a way to reconcile both views by building a bridge between truth-maker theory, à la Fine, and normative bilateralism, à la Restall and Ripley. The paper suggests a novel way of understanding consequence in truth-maker theory and shows that this allows us to identify a common structure shared by truth-maker theory and normative bilateralism. We can thus transfer ideas from normative (...) bilateralism to truth-maker theory, such as non-transitive solutions to paradox, and vice versa, such as notions of factual equivalence and containment. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Clarifying the Relationship Between Vice and Mental Disorder: Vice as Manifestation of a Psychological DysfunctionMichael B. First (bio)KeywordsDSM-IV, psychiatric diagnosis, impulse control disorders, sexually violent predator commitmentIndividuals generally present for psychiatric evaluation for one of two reasons: either because they themselves are suffering from a psychiatric symptom that causes distress (e.g., severe panic) or impairs their ability to function effectively (e.g., memory loss), or else they are (...) brought to clinical attention because their behavior or attitudes are considered by others to be problematic. There are a wide range of behaviors that fall into this second category. In some cases, the individual is pressured to seek treatment because of the negative impact that a behavior has on a relationship partner (e.g., sexual dysfunction, anger outbursts) or an employer (e.g., excessive alcohol use). Often, however, the external trigger for a clinical evaluation falls under Sadler’s definition of vice, that is, criminal (illegal) behaviors or attitudes that could be considered “wrongful” or “immoral” in the social arena because the behavior violates the law or an important social more.Given that one of the most important goals of the Diagnostic and Statistical Manual of Mental Disorders (DSM) is to facilitate clinical practice (First et al. 2004) and in doing so provide a diagnostic code to cover any patient that might present himself or herself to a mental health professional, the DSM has evolved over its various editions to become a veritable laundry list of psychological and behavioral ills, some of which may constitute a violation of the rights of others or society. The DSM-III (and its successors) have adopted a descriptive approach wherein disorders are defined in terms of their presenting surface symptomatology, which was necessitated by the field’s lack of knowledge about the underlying etiology of mental disorders. Given this reliance on presenting symptoms, it is therefore inevitable that some disorders are defined in terms of behaviors that can be considered vices. For example, impaired impulse [End Page 35] control often leads to acting out behavior that, at its mildest is inappropriate, and at its most severe is destructive to self and others. Many of the disorders cited by Sadler as being vice-laden fall into this category, namely, pyromania (failure to resist impulses to set fires), kleptomania (failure to resist impulses to steal), intermittent explosive disorder (failure to resist aggressive impulses), certain forms of substance abuse (i.e., those involving possession and use of illegal substances) and paraphilias (i.e., those involving nonconsenting victims).It is important to clarify from the outset that the criteria for determining whether a behavior is a “vice” (i.e., whether it is illegal or immoral) is not equivalent to the criteria for determining whether a behavior is indicative of a mental disorder. According to the DSM-IV-TR definition, a mental disorder is conceptualized as a “clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress (e.g., a painful symptom) or disability (i.e., impairment in one or more important areas of functioning) or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom” (American Psychiatric Association [APA] 2000, xxxi). The definition warns against considering “deviant behavior[s] (e.g., political, religious, or sexual)” and “conflicts that are primarily between the individual and society” to be evidence of mental disorder except in those cases in which the “deviance or conflict is a symptom of a dysfunction in the individual.” Thus, when considering whether a particular “vice” behavior is a component of a mental disorder, it is crucial to determine whether the behavior is a manifestation of an underlying psychological dysfunction, such as a dysfunction in impulse control. If so, it may potentially be appropriate for that individual to be treated as “medically ill” in addition to, or instead of, being treated simply as a criminal.Let us examine some illustrative examples of cases that demonstrate the relationship between vice and mental disorders and the different ways in which the legal and mental health systems might deal with such cases. Consider the case of an individual who breaks... (shrink)

SummaryThere are two rival ways in which events in the world can be explained: the covering law way and the dispositionalist way. The covering law model, which takes the law of nature as its fundamental explanatory unit, faces a number of renown difficulties. Rather than attempt to patch up this approach, the alternative dispositionalist strategy is recommended. On this view, general facts are dependent upon particular facts about what things do, rather than vice versa. This way of viewing the (...) world is not only more intuitive but also handles some of the notorious problems faced by laws; such as those of probabilistic and unrealized facts. The dispositionalist strategy faces its own difficulties of explaining generality and contingency of behaviour. It is shown, however, that at least these difficulties should not dissuade the dispositionalist. The prospects for a convincing dispositionalist ontology to replace one based on laws of nature are thus healthy. (shrink)

This book explores different theories of law, religion, and tradition, from both a secular and a religious perspective. It reflects on how tradition and change can affect religious and secular legal reasoning, identifying the patterns of legal evolution within religious and secular traditions. It is often taken for granted that, even in law, change corresponds and correlates to progress – that things ought to be changed and they will necessarily get better. There is no doubt that legal changes over the (...) centuries have made it possible to enhance the protection of individual rights and to somewhat contain the possibility of tyranny and despotism. But progress is not everything in law: stability and certainty lie at the core of the rule of law. Similarly, religions and religious laws could not survive without traditions; and yet, they still evolve, and their evolution is often intermingled with secular law. The book asks the questions: What is the role of tradition within religions and religious laws? What is the impact of religious traditions on secular laws, and vice-versa? How are the elements of tradition to be identified? Are they the same within the secular and the religious realm? Do secular law and religious law follow comparable patterns of change? Do their levels of resilience differ significantly? How does the history of religion and law affect changes within religious traditions and legal systems? The overall focus of the book addresses the extent to which tradition plays a role in shaping and re-shaping secular and religious laws, as well as their mutual boundaries. (shrink)

SummaryThere are two rival ways in which events in the world can be explained: the covering law way and the dispositionalist way. The covering law model, which takes the law of nature as its fundamental explanatory unit, faces a number of renown difficulties. Rather than attempt to patch up this approach, the alternative dispositionalist strategy is recommended. On this view, general facts are dependent upon particular facts about what things do, rather than vice versa. This way of viewing the (...) world is not only more intuitive but also handles some of the notorious problems faced by laws; such as those of probabilistic and unrealized facts. The dispositionalist strategy faces its own difficulties of explaining generality and contingency of behaviour. It is shown, however, that at least these difficulties should not dissuade the dispositionalist. The prospects for a convincing dispositionalist ontology to replace one based on laws of nature are thus healthy. (shrink)

Although Hobbes talks about the laws of nature as prescribing the virtues, it is easier to think of them as proscribing the vices. The nine vices that are proscribed by the laws of nature are injustice, ingratitude, greed or inhumanity, vindictiveness , cruelty, incivility or contumely, pride, arrogance, and unfairness . The corresponding virtues that are prescribed by the laws of nature are justice, gratitude, humanity or complaisance, mercy, , civility, humility, , modesty, and equity. The difficulty of coming up (...) with names for some of the virtues, and even for some of the vices, shows that they are not all among the most common moral virtues and vices. Nonetheless, as described by Hobbes, they are genuine moral virtues and vices, traits of character such that all impartial rational persons would favor everyone having the virtues and no one having the vices. All of these virtues are such that they benefit everyone impartially by promoting peace, and are not primarily of benefit to the person having them. This is what makes them moral virtues and distinguishes them from the personal virtues of courage, prudence, and temperance. The laws of nature are the dictates "of right reason, conversant about those things which are either to be done or omitted for the constant preservation of life and members, as much as in us lies." But the law of nature "dictating peace, for a means of the conservation of men in multitudes;" is also the moral law because "in the means to peace, [it] commands also good manners, or the practice of virtue; and therefore it is called moral." Hobbes correctly sees both that peace benefits all persons impartially and that impartiality is essential to morality. His account of the moral virtues correctly makes them traits of character that would be favored by all impartial persons. His argument for the rationality of these moral virtues is that one's self-interest, which for Hobbes is primarily one's long-term preservation, is enhanced by having these virtues. There is no incompatibility between morality and self-interest as long as what is in one's own self-interest is equally in the interest of everyone else. Hobbes sees this point quite clearly and it is at the heart of his justification of the moral virtues. (shrink)

A major goal of science is to discover laws that underlie all regular phenomena. This goal is best satisfied by eternal principles that leave fundamental properties unchanged and unchangeable. Science has been forced to accept that some processes, especially biological processes, are inherently time oriented. It can either forgo the ideal of universal principles, and account for temporality through specific boundary conditions, or else incorporate the sources of change directly into fundamental principles that are the same for all times and (...) places, and for all temporal scales. In the past, unifying principles adequate for biology have caused trouble for physics, and vice versa. Recent work at the intersection of non-equilibrium statistical mechanics and information theory suggests that physics and biology can finally be reconciled. (shrink)

This article defends legal instrumentalism, i.e. the thesis that law is distinguished among social institutions more by the means by which it serves its ends, than by the ends it serves. In Kelsen's terms, '[L]aw is a means, a specific social means, not an end.' The defence is indirect. First, it is argued that the instrumentalist thesis is an interpretation of a broader view about law that is common ground among theorists as different as Aquinas and Bentham. Second, the following (...) familiar fallacies that seem to stand in the way of accepting the thesis are refuted: (1) If law is an instrument, then law can have no non-instrumental value. (2) If law is an instrument, then law always has instrumental value. (3) For law to be an instrument, there must be generic end that law serves. (4) If law is an instrument, law must be a neutral instrument. These claims are all wrong. In passing, the instrumentalist thesis is distinguished from other, unrelated, views sometimes associated with instrumentalism, including Brian Tamanaha's diagnosis of the vices of American law, and the views of those who think that jurisprudence is an instrument in the service of social ends. (shrink)

David Hume has been invoked by those who want to found morality on human nature as well as by their critics. He is credited with showing us the fallacy of moving from premises about what is the case to conclusions about what ought to be the case; and yet, just a few pages after the famous is-ought remarks in A Treatise of Human Nature, he embarks on his equally famous derivation of the obligations of justice from facts about the cooperative (...) schemes accepted in human communities. Is he ambivalent on the relationship between facts about human nature and human evaluations? Does he contradict himself – and, if so, which part of his whole position is most valuable? Between the famous is-ought passage and the famous account of convention and the obligations arising from established cooperative schemes once they are morally endorsed, Hume discusses the various meanings of the term “natural.” “Shou'd it be ask'd, Whether we ought to search for these principles [upon which all our notions of morals are founded] in nature or whether we must look for them in some other origin? I wou'd reply, that our answer to this question depends upon the definition of the word, Nature, than which there is none more ambiguous and equivocal.” The natural can be opposed to the miraculous, the unusual, or the artificial. It is the last contrast that Hume wants, for his contrast between the “artificial” culturally variant, convention-dependent obligations of justice and the more invariant “natural virtues,” and what he says about that contrast in this preparation for his account of the “artificial” virtues, makes it clear why he can later refer to justice as “natural” and to the general content of the rules of justice – that is, of basic human conventions of cooperation – as “Laws of Nature”. (shrink)

This article contributes to philosophical reflections on public health law by drawing on virtue jurisprudence, which rests on the straightforward observation that a political community and its laws will inevitably shape the character of its officials and subjects, and that an excellent character is indispensable to fulfilment. Thus, the law is properly set to encourage virtue and discourage vice. This opens a new perspective onto the ultimate purpose of public health law that is human flourishing. The means of pursuing (...) this end is to entrust public health powers to officials to virtuously serve the common good, of which population health is one of its most important constituents, within the bounds of the law of the land. This article calls for the adoption of a Prudent Public Health Official standard into the law, in order to cultivate prudent, just, courageous and temperate characters in officialdom. Interestingly, this standard already chimes with certain pre-existing core principles of public health judicial doctrine in the USA, the European Union and the UK. (shrink)

Ecologists typically invoke "law-like" generalizations, ranging over "structural" and/or "functional" kinds, in order to explain generalizations about "historical" kinds (such as biological taxa)rather than vice versa. This practice is justified, since structural and functional kinds tend to correlate better with important ecological phenomena than do historical kinds. I support these contentions with three recent case studies. In one sense, therefore, ecology is, and should be, more nomothetic, or law-oriented, than idiographic, or historically oriented. This conclusion challenges several recent philosophical (...) claims about the nature of ecological science. (shrink)

L’article présente une étude critique des fondements méthodologiques de l’analyse économique du droit traditionnelle dans laquelle le droit est conçu comme le résultat optimal d’une comparaison de coûts et d’avantages sociaux. Cette procédure judiciaire qui vise en fait à simuler des solutions de marché “socialement efficientes” présuppose inévitablement l’omniscience du juge. Cependant dans le contexte de l’équilibre général, l’analyse économique du droit traditionnelle n’a pas de raison d’être, alors qu’elle s’avère impraticable dans le monde réel où elle serait pourtant nécessaire (...) afin de résoudre des problèmes de coordination entre les individus. A cet égard la théorie économique de l’Ecole Autrichienne qui insiste sur les problèmes informationnels de la société et qui décrit le droit comme une procédure de coordination fondée sur des règles abstraites de juste conduite, semble fournir des fondements plus appropriés pour une approche économique du droit. L’article utilise la méthodologie Autrichienne pour reconsidérer l’analyse économique du droit tout en insistant à la fois sur la dimension institutionnelle et la dimension éthique du droit. Le problème central est l’interdépendance entre le droit et l’ordre de marché, mais il est analysé dans des termes fondamentalement différents de ceux de l’analyse traditionnelle.The paper presents a critical analysis of the methodological foundations of conventional law and economics, where law is generally described as the optimal outcome ot a judicial balancing of social costs and benefits. This law making procedure which aims at simulating “socially efficient” market outcomes inevitably presupposes Judges’ omniscience. Nevertheless, in this context of full coordination, this type of law has no raison d’être, whereas it turns out to be infeasible in the real world where it would be necessary in order to solve information and coordination problems. In this respect, Austrian economic and legal theory which focuses on the knowledge problem of society and which describes law as a coordination procedure built on abstract rules of just conduct, seems to provide more appropriate foundations for an economic analysis of law. This paper uses the Austrian approach to reconsider economic analysis of law in a way that allows for both the institutional and the ethical dimensions of law. The central problem seems to lie in the interdependance of law and the ethical dimensions of law. The central problem seems to lie in the interdependancc of law and the market order but it is conceived in a very different way than it is in conventional analysis. (shrink)

This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, natural law, and Locke's reception. Locke followed Grotian natural law in constructing a just-war theory of slavery. Unlike Grotius, though, he severely restricted the theory, making it inapplicable to America. It only fit resistance to "absolute power" in Stuart England. Locke was nonetheless an agent of British colonialism who issued instructions governing slavery. Yet they do not inform his theory--or vice versa. This (...) creates hermeneutical problems and raises charges of racism. If Locke deserves the epithet "racist," it is not for his having a racial doctrine justifying slavery. None of this makes for a flattering portrait. Locke's reputation as the champion of liberty would not survive the contradictions in which new world slavery ensnared him. Evidence for this may be found in Locke's reception, including by Southern apologists for slavery. (shrink)

This introduction explains the reasons behind this Special issue and discuss the organization and content of it. The difficulty of a genuine dialogue and understanding between economics, law and humanities, seems to be due not only to the fragmentation of reflections on man, but to a real ‘conflict of anthropologies’. What kind of conceptions of man and human values are presupposed by and / or privileged by economics, law, economic approaches to law and social sciences? How and when do these (...) conceptions come into conflict within and between disciplines? How do these conceptions of man and his values influence the conceptions of economics, law and institutions, and vice versa, how do these last conceptions influence the former? What are the normative, regulatory and practical implications of assuming an anthropological and / or axiological perspective instead of another? This Special issue aims at exploring the possibility of finding a common ground for discussion between economics, law and humanities, through the analysis and comparison of both the conceptions of man, human action and values assumed by economics, law and humanities, and their normative implications. The contributions to this Special issue and its organization are outlined at the end of this introduction. (shrink)

The demarcation between science and non-science seems to play an important role in the process of scientific change, as theories regularly transition from being considered scientific to being considered unscientific and vice versa. However, theoretical scientonomy is yet to shed light on this process. The goal of this paper is to tackle the problem of demarcation from the scientonomic perspective. Specifically, we introduce scientificity as a distinct epistemic stance that an agent can take towards a theory. We contend that (...) changes in this stance are to be traced and explained by scientonomy. Thus, we formulate a new law of theory demarcation to account for changes in scientificity within the scientonomic framework. (shrink)

This essay systematically reformulates an earlier argument about Locke and new world slavery, adding attention to Indians, natural law, and Locke's reception. Locke followed Grotian natural law in constructing a just-war theory of slavery. Unlike Grotius, though, he severely restricted the theory, making it inapplicable to America. It only fit resistance to “absolute power” in Stuart England. Locke was nonetheless an agent of British colonialism who issued instructions governing slavery. Yet they do not inform his theory—or vice versa. This (...) creates hermeneutical problems and raises charges of racism. If Locke deserves the epithet “racist,” it is not for his having a racial doctrine justifying slavery. None of this makes for a flattering portrait. Locke's reputation as the champion of liberty would not survive the contradictions in which new world slavery ensnared him. Evidence for this may be found in Locke's reception, including by Southern apologists for slavery. (shrink)

Fundamental properties and the laws of nature go hand in hand: mass and gravitation, charge and electromagnetism, spin and quantum mechanics. So, it is unsurprising that one's account of fundamental properties affects one's view of the laws of nature and vice versa. In this essay, I will survey a variety of recent attempts to provide a joint account of the fundamental properties and the laws of nature. Many of these accounts are new and unexplored. Some of them posit surprising (...) entities, such as counterfacts. Other accounts posit surprising laws of nature, such as instantaneous laws that constrain the initial configuration of particles. These exciting developments challenge our assumptions about our basic ontology and provide fertile ground for further exploration. (shrink)

Fihteova teorija drzave, koja cini integralni deo njegove prakticke filozofije, izgradjena je na kljucnim postavkama njegove metafizike. Stoga, osvetljavanje ovog problema u Fihteovoj poznoj filozofiji treba da podseti s jedne strane na jedan reprezentativan metafizicki projekat drzave velike spekulativne snage, a s druge strane na jedan nacin misljenja o drzavi koji se danas smatra anahronim, nenaucnim, prevazidjenim, te stoga vrednim da bude pominjan kao "negativan primer". Iako pomenute kvalifikacije ne treba sasvim odbaciti ili ih pak, unapred dovesti u pitanje, ipak (...) vracanje Fihteovoj poznoj metafizici drzave ne moze ni u nasem vremenu biti filozofski neproduktivno. Ono danas moze biti od sustinske pomoci svakome ko jos nije pregazen pohodom scjentisticke politologije, svakome ciji je saznajni interes jos uvek dovoljno otvoren za izrazito filozofsko razmatranje drzave, svakome ko zeli da filozofski obogati ili izostri pogled na drzavu. Iako je Fihteova teorija drzave jedinstvena i koherentna, ona je, narocito u svojoj poslednjoj fazi dozivela znacajan preobrazaj. Taj preobrazaj je bio toliko vidljiv da se drzava i u terminoloskom smislu pomera u pozadinu. U Fihteovoj poznoj filozofiji kljucna rec nije vise drzava, vec "carstvo slobode". O drzavi se sada govori, takoreci, intencionalno, svagda s pogledom na to carstvo, na mogucnost i izglede njegovog uspostavljanja. Bez obzira sto je ovaj terminoloski i saznajni primat carstva slobode potisnuo drzavu u drugi plan, on joj, ipak, nije porekao svaki znacaj. Naprotiv. Na putu ka carstvu slobode drzava za Fihtea predstavlja vaznu tacku razvoja preko koje se mora proci. Bas u toj njenoj prolaznosti lezi njena nezaobilaznost. (shrink)

Although many modern philosophers of law describe custom as merely a minor source of law, formal law is actually only one source of the legal customs that govern us. Many laws grow out of custom, and one measure of a law's success is by its creation of an enduring legal custom. Yet custom and customary law have long been neglected topics in unsettled jurisprudential debate. Smaller concerns, such as whether customs can be legitimized by practice or by stipulation, stipulated by (...) an authority or by general consent, or dictated by law or vice versa, lead to broader questions of law and custom as alternative or mutually exclusive modes of social regulation, and whether rational reflection in general ought to replace sub-rational prejudice. Can legal rules function without customary usage, and does custom even matter in society? The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts. (shrink)

OF SENSES AND PERCEPTION—WHAT SMITH TELLS US ABOUT BERKELEY AND VICE VERSA Adam Smith’s epistemology, described primarily in the essay Of the External Senses, was strongly inspired by George Berkeley’s thought expressed in his New Theory of Vision (1709). Both philosophers distinguished between the Objects of Sight and the Objects of Touch and analyzed the perception of distance between objects and size of objects (Berkeley’s thorough analysis was limited to the sense of sight, whereas Smith described also the features (...) of other senses.). They also noticed the observer’s role in the process. Both philosophers made a parallel between their epistemology and moral/ social theories. However, their conclusions turned out to be quite different, despite some similarities in their views on the problem of external senses. Smith focused on the issue of sympathy and the Impartial Spectator, and underlined the fact that our moral judgements are strongly altered by our relation to those who are judged and that we learn how to give opinions on the basis of how others judge our behaviour. Berkeley, on the other hand, focused on the role of laws and reason in both epistemological and moral judgements. Keywords: ADAM SMITH, GEORGE BERKELEY, EPISTEMOLOGY, MORAL/SOCIAL THEORIES. (shrink)

In this research, we develop a reporting framework based on an ethical account of the Australian live sheep export industry’s current operations. We demonstrate that LSE operates within a legitimacy vacuum constituted by a repeated cycle of events that we characterize as scandal-response-obduracy with a constant factor being animal cruelty on an industrial scale. The lack of legitimacy is facilitated by an obdurate regulatory context, an absence of consumer awareness of industry practices, jurisdictional impediments to enforcement of animal cruelty laws (...) and foundational epistemic vices upon which the industry calculates an unethical cost benefit analysis of current practice. While legitimacy theory would expect demise of the LSE industry, its prolonged continuation is more than a curiosity. It presents an opportunity to understand how focus on vice epistemics and reporting of animal welfare may contribute to emancipatory change in the form of improved animal welfare in agricultural industries. (shrink)

Marriagelike homosexual relationships expose a division among ethicists following Aquinas. Those emphasizing natural law may call such relationships unnatural; those emphasizing the virtues may approve of relationships fostering love and justice. Natural law, the virtues, and homosexuality all show up in Aquinas's "Commentary on Romans"--untranslated and hardly cited. Romans 1:18 opens a discussion of justice. Verse 20 provides Aquinas's chief warrant for natural law. Verse 26 applies virtue and law to "the vice against nature." But Aquinas's account also depends (...) on Paul as an exemplar of virtue and on Aquinas's high regard for the Bible. Aquinas deploys natural law as a mode of biblical exegesis, not an alternative to it. In the "De potentia", Aquinas considers how to proceed when nature and Scripture seem to conflict. The account does not settle, but rather makes more room for, dispute. (shrink)

Recent algorithmic technologies have challenged law’s anthropocentric assumptions. In this article, we develop a set of theoretical tools drawn from new materialisms and the philosophy of information to unravel the complex intra-actions between law and computer code. Accordingly, we first propose a framework for understanding the enmeshing of law and code based on a diffractive reading of Barad’s agential realism and Simondon’s theory of information. We argue that once law and code are understood as material entities that intra-act through in-formation, (...) the concept of transduction allows us to trace how they push each other towards change. After developing the theoretical tools, we deploy them to make sense of how law and code have changed in response to increasing automation of decision-making and the appearance of unexplainable artificial intelligence (AI) code. Thus, we employ a case study to trace transformations of the right to explanation under the European data protection regulations. This provides the backdrop for our account of how law transduces into code (and vice versa) and a proving ground for our framework. (shrink)

ABSTRACTThis article investigates a virtue-centered approach to normative legal theory in the context of legislation. The core idea of such a theory is that the fundamental aim of law should be the promotion of human flourishing, where a flourishing human life is understood as a life of rational and social activities that express the human excellences. Law can promote flourishing in several ways. Because peace and prosperity are conducive to human flourishing, legislation should aim at the establishment and maintenance of (...) these conditions. The human excellences are developed in childhood and young adulthood by stable and nurturing families and by educational institutions: therefore, the law should support and foster families and schools. Although some critics have argued that an aretaic theory of legislation must support so-called “vice laws,” this is not the case. A virtue-centered approach must take into account the effects produced by criminalization of alcohol, drugs, gambling, and prosti... (shrink)

This article defends the classical liberal view of human interactions that gives strong protection to associational freedom except in cases that involve the use of force or fraud or the exercise of monopoly power. That conception is at war with the modern antidiscrimination or human rights laws that operate in competitive markets in such vital areas as employment and housing, with respect to matters of race, sex, age, and increasingly, disability. The article further argues that using the “human rights” label (...) to boost the moral case for antidiscrimination laws gets matters exactly backwards, given that any program of forced association on one side of a status relationship (employer, not employee; landlord, not tenant) is inconsistent with any universal norm governing all individuals regardless of role in all associative arrangements. The articled also discusses the tensions that arise under current Supreme Court law, which protects associational freedom arising out of expressive activities (as in cases involving the NAACP or the Boy Scouts), but refuses to extend that protection to other forms of association, such as those involving persons with disabilities. The great vice of all these arrangements is that they cannot guarantee the stability of mandated win/lose relationships. The article further argues that a strong social consensus against discrimination is insufficient reason to coerce dissenters, given that holders of the dominant position can run their operations as they see fit even if others do otherwise. It closes with a short model human rights statute drafted in the classical liberal tradition that avoids the awkward line drawing and balancing that give rise to modern bureaucracies to enforce modern antidiscrimination laws. (shrink)

THE TENTH BOOK OF THE LAWS, which contains Plato's last word on cosmology and theology, has often been considered as presenting Plato's views in a more exoteric way in contrast with the more esoteric style of the Timaeus. And there are good reasons to think that this view is correct. Whereas the Timaeus stresses that "to find the maker and father of this All is difficult, and, having found it, it is impossible to communicate it to the crowd", Plato is (...) in Laws 10 intending to establish a "proemium" or rational foundation for his laws against impiety, which are supposed to be known by all. In this proemium Plato tries to argue for three propositions: that the gods exist ; that they take care of human affairs ; that they cannot be bribed by sacrifices or prayers. The underlying assumption is that learning these facts about the gods will also help to prevent impiety which, like any kind of vice, is often due to ignorance. (shrink)

Marriagelike homosexual relationships expose a division among ethicists following Aquinas. Those emphasizing natural law may call such relationships unnatural; those emphasizing the virtues may approve of relationships fostering love and justice. Natural law, the virtues, and homosexuality all show up in Aquinas's Commentary on Romans—untranslated and hardly cited. Romans 1:18 opens a discussion of justice. Verse 20 provides Aquinas's chief warrant for natural law. Verse 26 applies virtue and law to “the vice against nature.“ But Aquinas's account also depends (...) on Paul as an exemplar of virtue and on Aquinas's high regard for the Bible. Aquinas deploys natural law as a mode of biblical exegesis, not an alternative to it. In the De potentia, Aquinas considers how to proceed when nature and Scripture seem to conflict. The account does not settle, but rather makes more room for, dispute. (shrink)