Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show that Searle has (...) not identified a sustainable position somewhere between the Humean and the Reinachian extremes. This is because Searle’s position is threatened by circularity, and to steer clear of that danger it must incorporate at least some elements of Reinach’s essentialism. (shrink)

Properties have an important role in specifying different views on laws of nature: virtually any position on laws will make some reference to properties, and some of the leading views even reduce laws to properties. This chapter will first outline what laws of nature are typically taken to be and then specify their connection to properties in more detail. We then move on to consider three different accounts of properties: natural, essential, and dispositional properties, and we (...) shall see that different conceptions of properties also result in different views of the modal status of laws, such as the question of whether laws are metaphysically necessary or contingent. Finally, there are also important links specifically between properties, natural kinds, and laws of nature that deserve our attention. (shrink)

Those who favour an ontology based on dispositions are thereby able to provide a dispositional essentialist account of the laws of nature. In part 1 of this paper I sketch the dispositional essentialist conception of properties and the concomitant account of laws. In part 2, I characterise various claims about the modal character of properties that fall under the heading ‘quidditism’ and which are consequences of the categoricalist view of properties, which is the alternative to the dispositional essentialist (...) view. I argue that quidditism should be rejected. In part 3, I address a criticism of a strong dispositional essentialist view, viz. that ‘structural’ (i.e. geometrical, numerical, spatial and temporal) properties must be regarded as categorical. (shrink)

Review of Brian Ellis's Scientific Essentialism. Cambridge: Cambridge University Press, 2001.

A dispositional property is a tendency, or potency, to manifest some characteristic behaviour in some appropriate context. The mainstream view in the twentieth century was that such properties are to be explained in terms of more fundamental non-dispositional properties, together with the laws of nature. In the last few decades, however, a rival view has become popular, according to which some properties are essentially dispositional in nature, and the laws of nature are to be explained in terms of (...) these fundamental dispositions. The supposed ability of fundamental dispositions to ground natural laws is one of the most attractive features of the dispositional essentialist position. In this paper, however, I cast doubt on the ability of dispositional essences to ground the laws of nature. In particular I argue that the dispositional essentialist position is not able to coherently respond—sympathetically or otherwise—to Cartwright's challenge that there are no true general laws of nature. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with (...) the fundamental direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

"End-Of-Law week drinkS @ ACT Magistrates Court: Friday 20 May 2005." Ethos: Official Publication of the Law Society of the Australian Capital Territory, (198), pp. 24.

Realists about laws of nature and their Humean opponents disagree on whether laws ‘govern’. An independent commitment to the ‘governing conception’ of laws pushes many towards the realist camp. Despite its significance, however, no satisfactory account of governance has been offered. The goal of this article is to develop such an account. I base my account on two claims. First, we should distinguish two notions of governance, ‘guidance’ and ‘production’, and secondly, explanatory phenomena other than laws (...) are also candidates for governance. My goal is to develop a unified account which captures both guidance and production as well as the governance of phenomena, such as essence and logical consequence. The account of governance I develop belongs to the family of modal accounts, which was popularized by David Armstrong, but it also employs essentialist resources. If successful, this modal-essentialist account not only reveals the costs that proponents of governance incur, but it also puts that important notion on a solid theoretical foundation. (shrink)

Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to (...) metaphysics or philosophy of science; claims about laws play essential roles in areas as diverse as the philosophy of religion (e.g., in the argument from design) and the philosophy of mind (e.g., in the formulation of Davidson’s anomalous monism). In my dissertation, I consider and reject the widely-held thesis that the facts concerning laws can be reduced to the facts concerning the particular entities that the laws “govern,” and that the laws thus have no independent existence. I instead defend a version of nomic primitivism, according to which the facts about laws cannot be reduced to facts that are themselves non-nomic – i.e., to facts that do not fundamentally involve laws, counterfactuals, causes, etc. Insofar as the truth or falsity of reductionism about laws has implications for many of the problems mentioned above, I think that this result should be of interest even to those who who do not work in metaphysics or the philosophy of science. My methodology, which I lay out and defend in Chapter One, is a version of Carnapian explication. This method emphasizes the importance of articulating and maintaining clear distinctions between (1) the vague concept (or concepts) law of nature inherent in ordinary language and scientific practice and (2) the precise analyses of “law of nature” that philosophers have proposed as potential replacements for this concept. I argue that metaphysics-as-explication has clear advantages over rival conceptions of metaphysical methodology; in particular, it allows us to formulate evaluative criteria for metaphysical claims. In Chapter Two, I offer an example of how careful attention to concepts already in use can help resolve philosophical debate. Specifically, I argue that much recent literature has mistakenly assumed that there is only one concept of “law of nature” in use, while there are in fact at least two. Strong laws are the principles pursued by fundamental physics: they are true, objective, and bear distinctive relationships to counterfactuals and explanation. Weak laws, by contrast, lack at least one of these distinctive characteristics but play central roles in both the “special sciences” and in everyday life. In Chapters Three and Four, I offer extended arguments against the two most prominent versions of reductionism about laws – Humeanism and law necessitarianism. According to philosophical Humeans, the laws of nature supervene upon the non-modal, non-nomic facts concerning the behavior of particular things at particular times and places. Law necessitarians, by contrast, argue that the laws are in fact metaphysically necessary, and that which laws there are is determined by a class of primitive, modally loaded facts concerning the essences, natures, or dispositions. I argue that both of these views are mistaken insofar as they disagree with well-entrenched scientific practices and those in favor of reductionism have failed to provided sufficient reason for thinking that these practices should be revised. Much of my argument is focused on the role played by a number of supposed methodological principles, including appeals to intuition, parsimony, and methodological naturalism. While the conclusions of this dissertation are explicitly constrained to laws, many of the arguments should be of interest to those who are concerned about philosophical methodology (especially in the role of intuition in philosophical argument) or the appropriate relation between metaphysics, science, and the philosophy of science. (shrink)

Are the categorical laws of ontology metaphysically contingent? I do not intend to give a full answer to this question in this paper. But I shall give a partial answer to it. In particular, Gideon Rosen, in his article “The Limits of Contingency”, has distinguished a certain conception of metaphysical necessity, which he calls the Non-Standard conception, which, together with the assumption that all natures or essences are Kantian, is supposed to entail that many laws of ontology are (...) metaphysically contingent. Now, the argument Rosen gives supports the conclusion that all categorical laws of ontology are contingent. I shall argue that the Non-Standard conception and the thesis that all natures are Kantian are incompatible with each other and that, if the Non-Standard conception is true, there must be at least one metaphysically necessary categorical law of ontology, and I shall identify such a law. Thus my contribution to the question of the title of the paper will be that not all categorical ontological laws can be contingent if the Non-Standard conception is true. (shrink)

In a recent paper, Tuomas Tahko has argued for a hybrid view of the laws of nature, according to which some physical laws are metaphysically necessary, while others are metaphysically contingent. In this paper, we show that his criterion for distinguishing between these two kinds of laws — which crucially relies on the essences of natural kinds — is on its own unsatisfactory. We then propose an alternative way of drawing the metaphysically necessary/contingent distinction for laws (...) of physics based on the central kinematical/dynamical distinction used in physical theorising, and argue that the criterion can be used to amend Tahko’s own account, but also that it can be combined with different metaphysical views about the source of necessity. (shrink)

We can evaluate laws as better or worse relative to different normative standards. One might lament the fact that a law violates human rights or, in a different register, marvel at its ease of application. A question in legal philosophy is whether some standards for evaluating laws are fixed by—or grounded in—the very nature of law. I take Raz’s discussion of the distinctively legal virtues, those that fall under the rubric of the “Rule of Law” such as clarity, (...) generality, and non-retroactivity, as my starting point for exploring a very general puzzle about the relationship between law’s essence and its virtue. -/- The claim that there are some virtues that laws have qua laws invites a comparison between law and other “goodness-fixing kinds.” A kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. For example, if an object belongs to the kind CLOCK, whether it keeps time accurately provides a basis for evaluating it as better or worse as a clock. Furthermore, the relevant normative fact—if a clock does not keep time accurately, it is a bad clock—is at least partly explainable in terms of the nature of clocks (clocks are things that are supposed to be keep time accurately). Hence, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its constitutive standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other goodness-fixing kinds involves revising the general picture. (shrink)

The central problem of the article is the paradox in the history of Newton’s mechanics: prominent researchers of the genesis of the Principia did not believe Newton’s words about the origin of the idea of universal gravity. They did not believe that he could have come up with this idea as early as 1666, considering circular orbits, and believed that Newton invented the story of the falling apple. The article proposes a “subjunctive” scenario leading to the law of universal gravity (...) and feasible at the level of Galileo’s knowledge and skills in 1611. The basis for such a scenario is the description of a thought experiment in Newton’s manuscript “The System of the World”, preceding the creation of Principia. The proposed reconstruction helps to consider and clarify the concept of “modern physics”, the birth of which was the main event of the Scientific Revolution of the XVI–XVII centuries. The traditional understanding reduces the essence of modern physics to a reliance on experience and on the language of mathematics. Such a definition, however, is not sufficient. The geometry of Euclid and the physics of Archimedes were mathematically perfect, and their axioms were based on objective experience. Despite the importance of the tools of mathematics and experiment, the key innovation of modern physics has become the belief in the hidden fundamental laws of the Universe and in the right of the researcher to invent invisible, “illogical”, “absurd” concepts and postulates, experimentally verifiable only together with the theory based on them. This postulate of fundamental cognitive optimism combines bold ingenuity with a humble need for empirical verification. (shrink)

The prevailing discourse in Israeli academia on justifying the values of Israel as a “Jewish and democratic state” takes the form of a debate involving questions of group rights of a national minority, as in any liberal democracy. The framework of this discourse relies on three interconnected, hegemonic assertions. These assertions assume the applicability of equal individual rights, put aside the Occupation of the West Bank and Gaza as irrelevant for the “Jewishness” of the state as it belongs to a (...) different rule of recognition, and conceptualize the Green Line based on majority-minority relations with Jewish group rights, including the Law of Return, as not leading to discrimination against individuals. I contend that these assertions are invalid and that colonialism is the relevant framework of Israel’s constitutional identity in Palestine (the Green Line, the West Bank including Jerusalem and Gaza). I argue there is one Constitution in Palestine based on one conception of sovereignty, regardless of any rules of recognition where the Law of Return, together with the value of “preserving a Jewish majority,” constitutes its very essence that targets the Palestinians as such. The Article presents a case-law study regarding family life between spouses and their children in Palestine. This case-law reveals an unfamiliar phenomenon. Unlike the plurality of written laws that characterize colonial regimes, the Israeli legal system introduces a unique model in which racial domination is created mostly by decisionism of the Court, out of the written laws and regardless of any rule of recognition. (shrink)

The focus of my dissertation is a general and comprehensive examination of Locke’s view of divine power. My basic argument is that John Locke is a theological voluntarist in his understanding of God’s creative and providential relationship with the world, including both the natural and moral order. As a voluntarist, Locke holds that God freely imposes both the physical and moral laws of nature onto creation by means of his will: this contrasts with the intellectualist perspective in which the (...) laws of nature emerge from the essences of things. For Locke, there are no intrinsically necessary laws in the created order: both physical and moral laws are arbitrary determinations of the divine will. While these laws are not intrinsically necessary, they are hypothetically necessary. Hypothetical necessity involves things that could have been otherwise, but which are necessary based on the supposition of a free action and other relevant conditions pertaining to the actor. Concerning God, we can understand hypothetical necessity in the following way: □ [ → Y]. X is a variable that ranges over a subset of contingent propositions about actions. ‘P’ is the proposition ‘God is perfect’. And Y is any proposition that is a necessary consequent of both X and P. In any possible world in which God performs X, it is the case that Y will obtain. Supposing that God decides to create beings like us, God must of necessity craft the moral laws of nature in a way that harmonizes with our nature. What grounds this necessity is that God must act consistently with the perfection of the divine nature: to give us a different law would be less than perfect. Furthermore, I argue that certain physical laws of nature – those that help to realize our nature – are also hypothetically necessary. (shrink)

Dispositional essentialists argue that physical properties have their causal roles essentially. This is typically taken to mean that physical properties are identical to dispositions. I argue that this is untenable, and that we must instead say that properties bestow dispositions. I explore what it is for a property to have such a role essentially. Dispositional essentialists argue for their view by citing certain epistemological and metaphysical implications, and I appeal to these implications to place desiderata on the concept of (...) class='Hi'>essence involved. I argue that the traditional modal theory of essence meets these desiderata, but that the resulting theory wrongly implies that certain dispositions essential to mass are essential to charge, thereby offering a new argument against modal theories of essence. I argue that dispositional essentialism requires a primitive notion of essence, and develop a primitivist theory based on Kit Fine's views. I show that the primitivist theory has all the virtues of the modal alternative, and none of the vices. I develop a novel way of thinking about the relationship between properties, laws and dispositions, and argue that it has distinct advantages over standard dispositional essentialist formulations. (shrink)

In this paper I discuss and evaluate different arguments for the view that the laws of nature are metaphysically necessary. I conclude that essentialist arguments from the nature of natural kinds fail to establish that essences are ontologically more basic than laws, and fail to offer an a priori argument for the necessity of all causal laws. Similar considerations carry across to the argument from the dispositionalist view of properties, which may end up placing unreasonable constraints on (...) property identity across possible worlds. None of my arguments preclude the possibility that the laws may turn out to be metaphysically necessary after all, but I argue that this can only be established by a posteriori scientific investigation. I therefore argue for what may seem to be a surprising conclusion: that a fundamental metaphysical question – the modal status of laws of nature – depends on empirical facts rather than purely on a priori reasoning. (shrink)

In his new book, Fred Schauer adopts a prototypical approach to the law in order to reestablish the importance of “The Force of Law”, and I strongly support his claim that there are interesting things to be said about the relationship between law and force. One aspect concerns the special kind of force to which the law is related. In the tradition of political philosophy, this kind of force has often been characterized with the state's monopoly on legitimate force. Whereas (...) the essay will support the idea that the law has a monopoly of force, it will challenge the idea that it is its legitimacy that makes it characteristic. It is a monopoly not so much on legitimate, but on ultimate force. The robustness of the force the law is—prototypically—related to, however, should not obscure the fact that the relation between law and force is quite delicate and precarious. Three strategies of the law to manage this fundamental precariousness are pointed out. (shrink)

Partial proceedings of the 17th World Congress, International Association for Philosophy of Law and Social Philosophy, Bologna, 1995.

This chapter analyses Soren Kierkegaard's thought about the history of theology, discussing different notions of historical theology and evaluating how they apply to the way Kierkegaard engaged with history of theology. It explains the two key elements of the Kierkegaardian historical theology: tracking the process of decline from the Christianity of the New Testament to the enfeebled caricature that passed for Christianity in contemporary Denmark; and recovering the voices of the true Christians of the past who genuinely followed Christ in (...) suffering and martyrdom. (shrink)

Discussions about the nature of essence and about the inference problem for non-Humean theories of nomic modality have largely proceeded independently of each other. In this article I argue that the right conclusions to draw about the inference problem actually depend significantly on how best to understand the nature of essence. In particular, I argue that this conclusion holds for the version of the inference problem developed and defended by Alexander Bird. I argue that Bird’s own argument that (...) this problem is fatal for David Armstrong’s influential theory of the laws of nature but not for dispositional essentialism is seriously flawed. In place of this argument, I develop an argument that whether Bird’s inference problem raises serious difficulties for Armstrong’s theory depends on the answers to substantial questions about how best to understand essence. The key consequence is that considerations about the nature of essence have significant, underappreciated implications for Armstrong’s theory. (shrink)

This paper contends that law is in essence an evolutionary phenomenon that can, and indeed should, be studied in the light of biological mechanisms. Law can be seen as an extended phenotype of underlying genes. In addition, legal systems can be seen as congruous to genetic mechanisms. Properties of genes have an impact on legal systems in a fractal-like manner. Hence, it is not surprising that notions of stability, replication, and reciprocity that are important in biological systems will also (...) be important in legal systems. As a result legal systems can be constructed in a way that is congruent with the genetic advantage of group members. Law, exposure, and punishment can diminish deviant behaviour and restore balance. Law may not be particularly subject to natural selection, but it will certainly be built on the foundations of natural selection. (shrink)

The paper focuses on the general principles established in the caselaw of the European Court of Human Rights while applying and interpreting the Article 3 of the First Protocol of the Convention for the Protection of Human Rights and Fundamental Freedoms which provides: „The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.“ Article 3 of (...) the First Protocol enshrines a fundamental principle for effective political democracy, and is accordingly of prime importance in the Convention system. It refers not only to positive obligation of the Contracting State to organize democratic elections, but also guarantees individual rights, including the right to vote and the right to stand for election, although this is not explicitly stated in it. These rights are not absolute; there is room for “implied limitations” and Contracting States are given a wide margin of appreciation in this sphere. However, these limitations must be such that the rights in question were not curtailed to such an extent as to impair their very essence and deprive them of their effectiveness, should be imposed in pursuit of a legitimate aim and should not be disproportionate. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.