In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 (...) clearly is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

Many people are uncomfortable with the idea that pleasure from certain sources is genuinely beneficial. These sources can be sorted into two classes: ones that involve others’ pain; and ones that involve what seems to be damage rather than benefit to the person involved. Here’s an example of the latter: a woman who claims that she enjoys her work performing in hard-core pornographic films. Some find it hard to take such a claim at face value – they instinctively assume that (...) the woman is insincere or self-deceived.1 The reason seems a strongly paternalistic one: because the activity is assumed to be bad, it’s thought that only someone who was in some way damaged could genuinely like it. A statement from Brian Hill, the director of a documentary about such women, illustrates this: ‘I felt certain that she couldn’t enjoy what she does, that there must be some reason why she’s undergoing this kind of experience. But there was nothing: no messed-up childhood, no sense of pain or humiliation.’ Forced to conclude that the woman in question really does enjoy her work, Hill changes his view to imply that the pleasure gained cannot be truly beneficial: ‘When I hear a young woman talking about doing videos of fisting and asphyxiation, I have to wonder what it’s doing to her – even if she says that she’s having fun.’. (shrink)

Congress's national-security legislation will often require clear and specific congressional authorization before the executive can undertake certain actions. The War Powers Resolution, for example, prohibits any law from authorizing military hostilities unless it "specifically authorizes" them. And the Foreign Intelligence Surveillance Act of 1978 required laws to amend FISA or repeal its "exclusive means" provision before they could authorize warrantless electronic surveillance. But efforts to legislate clear-statement regimes in national-security law have failed to induce compliance. The Clinton Administration inferred congressional (...) "authorization" for the 1999 Kosovo War from an appropriations statute that failed to specifically authorize the conflict. And the Bush Administration inferred congressional "authorization" for the NSA surveillance program from ambiguous language in the post-September 11th Authorization to Use Military Force. In both situations, executive-branch lawyers employed expansive theories of implied repeal and constitutional avoidance to evade the codified clear-statement requirements, and Congress and the courts acquiesced to the President's actions. Recent proposals to strengthen the clear-statement requirements in Congress's national-security framework legislation are unlikely to be effective without institutional mechanisms, such as points of order, that can deter future legislators from enacting vague or ambiguous legislation from which the executive might claim implicit congressional "authorization," and that can induce Congress to confront Presidents that act without specific congressional authorization. Simply enacting more narrow or explicit clear-statement requirements, or adding funding restrictions to Congress's framework legislation, fails to counter the aggressive interpretive doctrines that executives of both political parties have used to concoct congressional "authorization" from vague or ambiguous statutory language. (shrink)

I propose understanding CP-law statements as statements that assert the existence of vague statistical laws, not by fully specifying the contents of those laws, but by picking them out via a description that is both self-referential and self-locating. I argue that this proposal validates many common assumptions about CP-laws and correctly classifies many examples of putative CP-laws. It does this while avoiding the most serious worries that motivate some philosophers to be skeptical of CP-laws, namely the worry that (...) they lack non-trivial truth conditions and that it is impossible for empirical evidence to disconfirm them. (shrink)

It is often contended that the special sciences, and even fundamental physics, make use of ceteris-paribus law-statements. Yet there are general concerns that such law-statements are vacuous or untestable or unscientific. I consider two main kinds of ceteris-paribus law-statement. I argue that neither kind is vacuous, that one of the kinds is untestable, that both kinds may count as scientific to the extent that they form parts of conjunctions that imply novel falsifiable statements which survive testing, but (...) that one kind has an affinity with ad hoc manoeuvres that are unsatisfactory from a scientific point of view. I show that the contemporary debate about ceteris-paribus law-statements is afflicted with error and confusion because of a general failure to disentangle the notions: non-vacuous, testable, scientific, verifiable, falsifiable, and ad hoc. (shrink)

A novel analysis of Ceteris Paribus (CP) law statements is constructed. It explains how such statements can have determinate, testable content by relating their semantics to the semantics of natural kind terms. Objections are discussed, and the analysis is compared with others. Many philosophers think of the CP clause as a ‘no interference’ clause. However, many non-strict scientific generalizations are clearly not subsumed under this construal. While this analysis accounts interference cases as violating the CP clause, it is (...) applicable to a broader class of non-strict scientific generalizations than its ‘no interference’ rivals. (shrink)

With a new foreword by Paul Kelly 'I regard Hayek's work as a new opening of the most fundamental debate in the field of political philosophy' - Sir Karl Popper 'This promises to be the crowning work of a scholar who has devoted a lifetime to thinking about society and its values. The entire work must surely amount to an immense contribution to social and legal philosophy' - Philosophical Studies Law, Legislation and Liberty is Hayek's major statement of political philosophy (...) and one of the most ambitious yet subtle defences of a free market society ever written. A robust defence of individual liberty, it is also crucial for understanding Hayek's influential views concerning the role of the state: far from being an innocent bystander, he argues that the state has an important role to play in defending the norms and practices of an ordered and free society. His arguments had a profound influence on the policies of Thatcher in the 1980s and resonate today in visions of the 'Big Society'. First published in three separate volumes, this Routledge Classics edition makes one of his most important books available in a single volume. Essential reading for understanding the background to the recent world economic turmoil and financial crisis, it also foreshadows the subsequent heated debate about regulation and political governance if such disasters are to be avoided in the future. (shrink)

Contrary to what has been asserted or implied by Mach and more recent writers, the law of illumination and the study of photometry were not ignored in the years between Kepler's first enunciation of the former in 1609 and Bouguer's Essai on the latter in 1729. The law of illumination was in fact denied in 1613 by Aguilonius. It was probably rediscovered independently and certainly reformulated in more modern terms by Mersenne and Castelli in 1634, and by Boulliau in 1638. (...) It was again formulated and this time demonstrated empirically by Montanari no later than 1676, and possibly as early as 1634 by Castelli. Although neither the law nor photometry were major concerns before Bouguer, they were not completely neglected either. (shrink)

In 'The Structure of Science' Nagel contends that a deductive explanation of the occurrence of an individual event must contain at least one instantial statement as a premiss (Nagel, 1961, p. 31). I shall defend a version of his contention.

First published in 1982. Routledge is an imprint of Taylor & Francis, an informa company.

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This (...) consists in a descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

The General Medical Council’s Outcome for Graduates, published in 2018,1 is the latest guidance for medical schools on the GMC’s expectations of the undergraduate medical curriculum. One of its three top level outcomes—Professional Values and Behaviours—refers to medical ethics and law, professionalism and patient safety competencies. Furthermore, the recent proliferation of patient safety inquiries in the UK2–4 has elevated the emphasis on ethical medical practice5 and critical medical ethics and law competencies for future doctors. In response to these developments and (...) to ensure an up to date offering, the Institute of Medical Ethics Education Committee has updated the consensus statement on the core curriculum for medical ethics and law for doctors of tomorrow.6 This refined curriculum is the result of a national consultation process. We asked for the views of all lead teachers of medical ethics and law in all UK medical schools, the UK’s chief medical officers, the GMC, and delegates at our annual education conference in 2017 who …. (shrink)

The paper is a sketch of a conception of approximative truth (or verisimilitude). The concepts of relative error, and degree of inadequacy are introduced. By means of them the concept of truth-content of quantitative facts-statements, laws and theories is defined. Laws and theories accepted in science have a high truth-content, i.e. they are approximately true.

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in (...) the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Knowledge of the ethical and legal basis of medicine is as essential to clinical practice as an understanding of basic medical sciences. In the UK, the General Medical Council requires that medical graduates behave according to ethical and legal principles and must know about and comply with the GMC’s ethical guidance and standards. We suggest that these standards can only be achieved when the teaching and learning of medical ethics, law and professionalism are fundamental to, and thoroughly integrated both vertically (...) and horizontally throughout, the curricula of all medical schools as a shared obligation of all teachers. The GMC also requires that each medical school provides adequate teaching time and resources to achieve the above. We reiterate that the adequate provision and coordination of teaching and learning of ethics and law requires at least one full-time senior academic in ethics and law with relevant professional and academic expertise. In this paper we set out an updated indicative core content of learning for medical ethics and law in UK medical schools and describe its origins and the consultative process by which it was achieved. (shrink)

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this (...) paper I defend two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one. (shrink)

It is a traditional empiricist doctrine that natural laws are universal truths. In order to overcome the obvious difficulties with this equation most empiricists qualify it by proposing to equate laws with universal truths that play a certain role, or have a certain function, within the larger scientific enterprise. This view is examined in detail and rejected; it fails to account for a variety of features that laws are acknowledged to have. An alternative view is advanced in which laws are (...) expressed by singular statements of fact describing the relationship between universal properties and magnitudes. (shrink)

The view that scientific reduction succeeds by establishing property identities is challenged. it is argued that, instead of identity statements making reductions successful, the fact that a reduction is successful makes the identity statements possible. the argument proceeds first by showing that an explanatory asymmetry is generated by statements expressing property identities, second by locating the source of the asymmetry in a "generative relation" that obtains between the two properties. it is then argued that reduction succeeds only (...) if the reducing theory embodies a mechanism which accounts for such a generative relation. since this view of reduction is incompatible with the traditional view, an alternate account is outlined. (shrink)

Anomalous Monism is the view that mental entities are identical with physical entities, but that the vocabulary used to describe, predict and explain mental events is neither definitionally nor nomologically reducible to the vocabulary of physics. The argument for Anomalous Monism rests in part on the claim that every true singular causal statement relating two events is backed by a law that covers those events when those events are appropriately described. This paper attempts to clarify and defend this claim by (...) tracing out some conceptual relations among the concepts of event, law, and object. (shrink)

The phrase “statements of fact” has a clear, unequivocal ring. It speaks of a stable place untouchable by contests in epistemology and in more secular places, around questions of constructivism, subjectivism, and the politics of knowledge. It offers fixity, a locus of constancy in a shifting landscape where traditional certainties have ceased to hold, maintains a vantage point outside the fray, where knowledge-seekers can continue to believe in some degree of “correspondence” between items of knowledge and events in the (...) world. Within the social institutions and practices where knowledge is an issue, it designates a secure starting place for deliberation, a way of ensuring that processes of decision-making remain cognizant of the “realities” they have to address.In the institutions of knowledge production and knowledgeable practice that generate the examples I appeal to in this essay – medicine and law – “statements of fact” appear to comprise an incontestable core around which interpretive strategies may indeed have to be enlisted, but which itself functions as a kind of interpretation-exempt zone. There are good reasons for its retaining that status, for resisting the instabilities and sheer whimsicalities that would follow from dislodging it. (shrink)

Hempel and Giere contend that the existence of provisos poses grave difficulties for any regularity account of physical law. However, Hempel and Giere rely upon a mistaken conception of the way in which statements acquire their content. By correcting this mistake, I remove the problem Hempel and Giere identify but reveal a different problem that provisos pose for a regularity account — indeed, for any account of physical law according to which the state of affairs described by a law-statement (...) presupposes a Humean regularity. These considerations suggest a normative analysis of law-statements. On this view, law-statements are not distinguished from accidental generalizations by the kind of Humean regularities they describe because a law-statement need not describe any Humean regularity. Rather, a law-statement says that in certain contexts, one ought to regard the assertion of a given type of claim, if made with justification, as a proper way to justify a claim of a certain other kind. (shrink)

This is a study of a crucial and controversial topic in metaphysics and the philosophy of science: the status of the laws of nature. D. M. Armstrong works out clearly and in comprehensive detail a largely original view that laws are relations between properties or universals. The theory is continuous with the views on universals and more generally with the scientific realism that Professor Armstrong has advanced in earlier publications. He begins here by mounting an attack on the orthodox and (...) sceptical view deriving from Hume that laws assert no more than a regularity of coincidence between instances of properties. In doing so he presents what may become the definitive statement of the case against this position. Professor Armstrong then goes on to establish his own theory in a systematic manner defending it against the most likely objections, and extending both it and the related theory of universals to cover functional and statistical laws. This treatment of the subject is refreshingly concise and vivid: it will both stimulate vigorous professional debate and make an excellent student text. (shrink)

Discrepancies between the Uniform Determination of Death Act (UDDA) and the adult and pediatric diagnostic guidelines for brain death (BD) (the “Guidelines”) have motivated proposals to revise the UDDA. A revision proposed by Lewis, Bonnie and Pope (the RUDDA), has received particular attention, the three novelties of which would be: (1) to specify the Guidelines as the legally recognized “medical standard,” (2) to exclude hypothalamic function from the category of “brain function,” and (3) to authorize physicians to conduct an apnea (...) test without consent and even over a proxy’s objection. One hundred seven experts in medicine, bioethics, philosophy, and law, spanning a wide variety of perspectives, have come together in agreement that while the UDDA needs revision, the RUDDA is not the way to do it. Specifically, (1) the Guidelines have a non-negligible risk of false-positive error, (2) hypothalamic function is more relevant to the organism as a whole than any brainstem reflex, and (3) the apnea test carries a risk of precipitating BD in a non-BD patient, provides no benefit to the patient, does not reliably accomplish its intended purpose, and is not even absolutely necessary for diagnosing BD according to the internal logic of the Guidelines; it should at the very least require informed consent, as do many procedures that are much more beneficial and less risky. Finally, objections to a neurologic criterion of death are not based only on religious belief or ignorance. People have a right to not have a concept of death that experts vigorously debate imposed upon them against their judgment and conscience; any revision of the UDDA should therefore contain an opt-out clause for those who accept only a circulatory-respiratory criterion. (shrink)

Can there be a non-reductivist, source-based explanation of the use of normative language in statements describing the law and legal situations? This problem was formulated by Joseph Raz, who also claimed to have solved it. According to his well-known doctrine of ‘detached’ statements, normative legal statements can be informatively made by speakers who merely adopt, without necessarily sharing, the point of view of someone who accepts that legal norms are justified and ought to be followed. In this (...) paper I defend two theses. I argue, first, that the notion of a detached statement cannot be made to work, and that Raz’s problem is thus not thereby solved. But the problem itself, I also suggest, is a false one. (shrink)

Some recent literature [Hicks, M. T. and van Elswyk. P., (2015) pp. 433-443, 2015; Bhogal, H. (2017), pp. 447-460] has argued that the non-Humean conceptions of laws of nature have a same weakness as the Humean conceptions of laws of nature. That is, both conceptions face an explanatory circularity problem. The argument is as follows: the Humean and the non-Humean conceptions of laws of nature agree that the law statements are universal generalisations; thus, both conceptions are vulnerable to an (...) explanatory circularity problem between the laws of nature and their instances. In this paper, I argue that Armstrong’s necessitarian view of laws of nature is invulnerable to this explanatory circularity problem. (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

In his 2009 encyclical letter Caritas in Veritate, Pope Benedict XVI calls for a deeper, theological and metaphysical evaluation of the category of “relation” to achieve a proper understanding of the human being’s “transcendent dignity.” For some contemporary thinkers, this position might seem to be hopelessly paradoxical or even incoherent. After all, many contemporary thinkers are apt to believe that the human creature can have “transcendent dignity” only if the being and goodness of the human creature is not conditioned by (...) or dependent upon any relation or relatedness to anything else, including the natural environment. This chapter seeks to show that apparent paradoxes in Benedict XVI’s statement will begin to disappear if one resists the rather understandable temptation to interpret his thought by relying on presuppositions borrowed from contemporary ethical theories. More specifically, this chapter aims to show that Benedict XVI’s teachings— embedded as they are within a rich tradition of Catholic “natural law” thinking—are importantly distinguishable from contemporary utilitarian and deontological views. Furthermore, this chapter seeks to demonstrate that Benedict XVI’s “natural law” account offers an intellectually defensible alternative to contemporary modes of environmental thinking. (shrink)

I first give a brief summary of a critique of the traditional theories of approximation and idealization; and after identifying one of the major roles of idealization as detaching component processes or systems from their joints, a detailed analysis is given of idealized laws – which are discoverable and/or applicable – in such processes and systems (i.e., idealized model systems). Then, I argue that dispositional properties should be regarded as admissible properties for laws and that such an inclusion supplies the (...) much needed connection between idealized models and the laws they `produce'' or `accommodate''. And I then argue that idealized law-statements so produced or accommodated in the models may be either true simpliciter or true approximately, but the latter is not because of the idealizations involved. I argue that the kind of limiting-case idealizations that produce approximate truth is best regarded as approximation; and finally I compare my theory with some existing theories of laws of nature.We seem to trace [in KingLear] ... the tendency of imagination toanalyse and abstract, to decomposehuman nature into its constituentfactors, and then to construct beings in whomone or more of these factors isabsent or atrophied or only incipient. (shrink)

While there is a longstanding discussion about the interpretation of the extended, general principle of relativity, there seems to be a consensus that the special principle of relativity is absolutely clear and unproblematic. However, a closer look at the literature on relativistic physics reveals a more confusing picture. There is a huge variety of, sometimes metaphoric, formulations of the relativity principle, and there are different, sometimes controversial, views on its actual content. The aim of this paper is to develop a (...) precise language in order to provide a precise formulation of the principle. In view of the fact that the special relativity principle is considered as a universal meta-law, which must be valid for all physical laws in all situations, we try to keep the formalism as general as possible. The benefit of the formal reconstruction is that it makes explicit all the necessary conceptual components of the principle; it brings out many subtle details and the related conceptual problems. (shrink)

Earman and Roberts claim that there is neither a persuasive account of the truth-conditions of ceteris paribus laws, nor of how such laws can be confirmed or disconfirmed. I will give an account of the truth conditions of ceteris paribus laws in physics in terms of dispositions. It will meet the objections standardly raised against such an account. Furthermore I will elucidate how ceteris paribus laws can be tested in physics. The essential point is that physics provides methodologies for dealing (...) with disturbing factors. For this reason disturbing factors need not be listed explicitly in law-statements. In virtue of the methodologies it is possible to test how systems would behave if the disturbing factors were absent. I will argue that this suffices to establish the tenability of the dispositional account of ceteris paribus laws. (shrink)

In their influential paper “Ceteris Paribus, There is No Problem of Provisos”, Earman and Roberts (Synthese 118:439–478, 1999) propose to interpret the non-strict generalizations of the special sciences as statistical generalizations about correlations. I call this view the “statistical account”. Earman and Roberts claim that statistical generalizations are not qualified by “non-lazy” ceteris paribus conditions. The statistical account is an attractive view, since it looks exactly like what everybody wants: it is a simple and intelligible theory of special science laws (...) without the need for mysterious ceteris paribus conditions. I present two challenges to the statistical account. According to the first challenge, the statistical account does not get rid of so-called “non-lazy” ceteris paribus conditions. This result undermines one of the alleged and central advantages of the statistical account. The second challenge is that the statistical account, qua general theory of special science laws, is weakened by the fact that idealized law statements resist a purely statistical interpretation. (shrink)