The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal (...) samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state. (shrink)

It is argued that de Vries did not see Mendel's paper until 1900, and that, while his own theory of inheritance may have incorporated the notion of independent units, this pre-Mendelian formulation was not the same as Mendel's since it did not apply to paired hereditary units. Moreover, the way in which the term ‘segregation’ has been applied in the secondary literature has blurred the distinction between what is explained and the law which facilitates explanation.

Is truth in the law just plain truth - or something sui generis? Is a trial a search for truth? Do adversarial procedures and exclusionary rules of evidence enable, or impede, the accurate determination of factual issues? Can degrees of proof be identified with mathematical probabilities? What role can statistical evidence properly play? How can courts best handle the scientific testimony on which cases sometimes turn? How are they to distinguish reliable scientific testimony from unreliable hokum? These interdisciplinary essays explore (...) such questions about science, proof, and truth in the law. With her characteristic clarity and verve, Haack brings her original and distinctive work in theory of knowledge and philosophy of science to bear on real-life legal issues. She includes detailed analyses of a wide variety of cases and lucid summaries of relevant scientific work, of the many roles of the scientific peer-review system, and of relevant legal developments. (shrink)

In this paper, the issue of plant closings is analyzed from the perspective of halakhah (the Written Law of Judaism). Two levels of analysis in halakhah must be differentiated: the legal (enforced by courts) and the moral (not enforced by law, but rather framed in terms of duty to God). There is no legal mandate to keep an unprofitable plant open, but there are a number of moral imprecations (particularly "acting more generously than the law requires") that might influence an (...) employer''s decision making. Using analogical reasoning to infer moral and/or legal obligations may be a fruitful means for businesspeople to analyze business situations in terms of ethical implications. (shrink)

An in-depth study of Kierkegaard's thinking on Christology, emphasising the radical nature of his approach to the incarnation, with an emphasis on the call of the Christian believer to a life of 'kenotic' (self-emptying) discipleship in imitation of Christ.

In this paper, the issue of plant closings is analyzed from the perspective of halakhah (the Written Law of Judaism). Two levels of analysis in halakhah must be differentiated: the legal (enforced by courts) and the moral (not enforced by law, but rather framed in terms of duty to God). There is no legal mandate to keep an unprofitable plant open, but there are a number of moral imprecations (particularly "acting more generously than the law requires") that might influence an (...) employer's decision making. Using analogical reasoning to infer moral and/or legal obligations may be a fruitful means for businesspeople to analyze business situations in terms of ethical implications. (shrink)

Health care providers’ interpretation of law can have intended and unintended effects on health care delivery in Canada. At times, health care providers encounter situations where they perceive the law to conflict with their sense of what is most ethically justified. In many cases, these health care providers feel especially torn because they assume that the legal requirements must dictate the decision, and cannot be explored or questioned. We challenge this assumption: the law is not as cut-and-dried as some assume; (...) therefore, its significance to health care decisions should be carefully considered. Within a systematic ethics process, legal considerations can be a source of values and information and can create opportunities for further dialogue. This approach is justified because it appropriately reflects the relationship of the law to ethics. This way of thinking about the law and ethics also avoids potentially harmful consequences of legalistic approaches to decision-making, such as breakdowns in communication, adversarial relationships, and a reduction of ethically complex decisions to simple rule following. (shrink)

This collection of essays by one of America's leading legal theorists is unique in its scope: it shows how traditional problems of philosophy can be understood more clearly when considered in terms of law, economics, and political science.

First published in 1961. Foreword by Arthur Kemp. Includes bibliographical references.

It is shown that the Maxwell-Lorentz equations can be deduced from the law of Biot-Savart by simply performing some theoretical experimentations.

If we proceed from the realities of logical thinking, in my opinion, we can only arrive at the conclusion that the law of sufficient reason is a basic law of formal logic.

First published in 1961. Foreword by Arthur Kemp. Includes bibliographical references.

In the metaphor of behavioral momentum, the rate of a free operant in the presence of a discriminative stimulus is analogous to the velocity of a moving body, and resistance to change measures an aspect of behavior that is analogous to its inertial mass. An extension of the metaphor suggests that preference measures an analog to the gravitational mass of that body. The independent functions relating resistance to change and preference to the conditions of reinforcement may be construed as convergent (...) measures of a single construct, analogous to physical mass, that represents the effects of a history of exposure to the signaled conditions of reinforcement and that unifies the traditionally separate notions of the strength of learning and the value of incentives. Research guided by the momentum metaphor encompasses the effects of reinforcement on response rate, resistance to change, and preference and has implications for clinical interventions, drug addiction, and self-control. In addition, its principles can be seen as a modern, quantitative version of Thorndike's (1911) Law of Effect, providing a new perspective on some of the challenges to his postulation of strengthening by reinforcement. Key Words: behavioral momentum; clinical interventions; drug addiction; preference; reinforcement; resistance to change; response strength; self-control. (shrink)

The author, in this series of essays, depicts the law as an essentially literary, rhetorical, and ethical activity. The topics discussed include a talk to students entering law school, describing the intellectual activity of the law, an exploration of the structure of legal thought and expression, and a dialogue which explores the ethics of argument.

In the foundational piece in this issue of the journal, “Integrating Law and Social Epidemiology,” Burris, Kawachi, and Sarat present a model for understanding the relationship between law and health. This article uses the case of a specific health condition, the human immunodeficiency virus infection, as an opportunity to flesh out this schema and to test how the model “fits” the world of the HIV pandemic. In applying the model to this communicable disease, we hope to illustrate the multitude of (...) ways that laws affect the course of the pandemic as well as the course of an individual’s vulnerability or resilience to the disease, and how the complexities of an individual’s life dealing with the virus interface with the world of laws and legal institutions. (shrink)

Although vicarious liability for the acts of co-conspirators is firmly entrenched in federal courts, no adequate theory explains how the act and intention of one conspirator can be attributed to another, simply by virtue of their criminal agreement. This Article argues that the most promising avenue for solving the Pinkerton paradox is an appeal to the collective intention of the conspiratorial group to commit the crime. Unfortunately, misplaced skepticism about the notion of a group will has prevented criminal scholars from (...) embracing the notion of a conspiracy's collective intention to commit a crime. However, positing group intentions requires only that the criminal law recognize the rational relationships between individuals who decide to collectivize reason to pursue a common criminal goal; no burdensome theory of corporate animals with unified minds is required. After exploring the different rational structures that a conspiracy can have, the Article outlines the circumstances when vicarious liability could be justified. Specifically, liability must be limited to participants in tightly knit conspiracies who engage in the kind of common deliberation that is capable of yielding collective intentions. A further consequence of this theory is that liability must be restricted to acts that fall within the scope of the criminal plan, not just acts that should have been reasonably foreseeable to members of the conspiracy. (shrink)

What might it be to write a post-colonial social science? And how might the intellectual legacy of Chinese classical philosophy—for instance Sun Tzu and Lao Tzu—contribute to such a project? Reversing the more usual social science practice in which EuroAmerican concepts are applied in other global locations, this paper instead considers how a “Chinese” term, _shi_ might be used to explore the UK’s 2001 foot-and-mouth epidemic. Drawing on anthropological insights into mis/translation between different worlds and their alternative ways of knowing (...) and being, the paper explores that epidemic in three differently inspired _shi_-inflected “empirical” accounts. The first uses Sun Tzu’s strategic understanding of _shi_ to tell a conventionally representational story. The second resists the causes and background factors implied in standard social science by offering a “light” and _shi_-inflected form of knowing. And the third combines the referentiality of social science with a Lao Tzu-informed commitment to the paradoxes of normative epigram. This third narrative thus illustrates the possible features of a situated and _shi_-inflected social science that recognizes that it participates in the contexted and immanent flows and counterflows of things in the world. The paper concludes by noting that such a _shi_-inflected social science is experimental, and suggests that it is important to explore a range of ways of reversing the flow of concepts between EuroAmerica and other global locations. (shrink)

This paper investigates force shift, a phenomenon in which the canonical discourse conventions, or force, associated with a clause type can be overridden to yield polar questions with the help of additional force-indicating devices. Previous studies attribute force shift to the presence of a complex question force component operating on semantic content. Based on utterance particles and particle clusters in Cantonese, we analyze force shift as resulting from compositional operations on force-bearing expressions. We propose that a simplex force, such as (...) assertion or question, denotes unanchored sentence acts, while a force-shifting particle like Cantonese _ho2_ is an anchoring function anchoring a sentence act to the speaker while querying whether or not the addressee can perform the sentence act. The proposed semantics makes predictions about _ho2_’s interactions with addressee-changing operations and imperatives, as well as about a larger family of force shift phenomena. (shrink)

Private-property anarchism is a political philosophy and set of economic and legal arguments that maintains that markets and contracts should provide law and that the rule of law itself can only be understood as a private institution. This book presents the essays that explain, debate, and examine historical examples of stateless orders.

The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism. James Griffin and Yael Tamir raise questions concerning Raz's notion of group rights and its application to claims of cultural and political autonomy, while Will Kymlicka and Bernhard Peters examine Raz's theory of multicultural society. Lukas Meyer investigates the (...) applicability of the notion of harm in the intergenerational context. Other papers are devoted to fundamental theoretical tenets of Raz's work. Hillel Steiner and Andrei Marmor examine Raz's account of value pluralism and incommensurability in light of what these authors consider to be goods whose equal distribution must be valued for its own sake. Robert Alexy and Timothy Endicott discuss traditional issues of jurisprudence and legal philosphy with special attention to Raz's contribution. Rüdiger Bittner, Bruno Celano, and J. E. Penner discuss and criticize aspects of Raz's theory of practical reason. Jeremy Waldron presents a critique of Raz's interpretation of authority.This volume concludes with a chapter by Joseph Raz in which he responds to arguments in the foregoing essays. (shrink)

After proposing an alternative definition of what “law” (jurisprudential concept) is, this article demonstrates the impossibility of identifying “the law” (what law-makers announce, relative to a particular jurisdiction) as something that is in a particular way. Rather, the law is a more or less abstract range of options. Drawing upon this conclusion, the article calls for a reassessment of how we view the role of law-makers. We need to remove the mystery that surrounds the law so as to provide for (...) greater transparency. This transparency can be gained by requiring law-makers to declare their inescapable biases where they influence their lawmaking. (shrink)

IT WOULD BE A MISTAKE TO ASSUME that Hegel's comments about the law of identity form a consistent package. On the one hand, Hegel admits that the law of identity, which he expresses in words as.

At a key moment in the 1988 presidential debates, Michael Dukakis claimed that the issue in the campaign was not ideology but competency. A major reason for Bush’s victory was that Dukakis was most competent at creating the illusion that even George Bush was competent. Even so, a useful way to begin some reflections on the law and literature revival is to note that even a hardened political pragmatist like Bush felt that it was in his political interest to declare (...) that the issue was indeed ideology. Bush’s insistence on the importance of ideology is noteworthy for those interested in the humanities because it seems to much at odds with the conservative position in current cultural politics. Ideology might be the issue in political campaigns, but for the conservatives it has no role in the humanities, which properly understood are the repository of essential human values. As contradictory as this position might seem, it is actually quite consistent. The ideological function of government is to impart to its citizens the proper values, values that find expression in great humanistic documents. To turn the role of the humanities from that of guarding and defending these sacred documents to that of demystifying them as ideological products is to undermine the possibility of government performing its proper ideological function. Radicals in the current wars over culture thus stand accused of subverting the fundamental values that the country represents. Brook Thomas is professor of English at the University of California, Irvine. He is the author of Cross-Examinations of Law and Literature; Cooper, Hawthorne, Stowe, and Melville and The New Historicism and Other Old-Fashioned Topics. (shrink)

Awareness of boundary, both physical and mental, is seen as the beginning of perception. In any account of the world, therefore, boundary must be a ubiquitous component. In sharp contrast, accounts of God within the Christian tradition commonly have proceeded by the affirmation that God is above and beyond boundary as infinite, timeless, and simple. To overcome this “problem of transcendence,” of how such a God can relate to such a world, an eight-term grammar of boundary is developed to demonstrate (...) how God as Trinity can properly be held to be without boundary yet constitute the ground of a bounded world. This leads to a way of granting theological significance to the origin and development of life. Life is seen to exist in dynamic, intentional relationships between context (“outside”) and intext (“inside”) across permeable boundaries through which an exchange of resources and information takes place for the sake of self-continuation. Comprehending life's distinctive utilization of boundary in terms of the grammar developed here enables life to be seen not only as a vestige of the Trinity but also, precisely because of this, as a sign and parable of redemption. (shrink)

This chapter looks at a range of objections to theism that one might class as “logical.” Some of these objections aim to show that theism involves an internal logical contradiction. Others aim to show that theism is at least logically incompatible with other beliefs to which the theist is also typically committed. Also included are objections grounded in the thought that theism is nonsensical or meaningless. The chapter provides both an overview of this broad terrain, including a map of possible (...) responses to different kinds of objection, and then a number of examples. (shrink)

Since the end of the absolute monarchy in Thailand on June 24, 1932, the rulers and the ruled have been locked into struggle, often violent, over what form the polity and the people’s participation in it should take. This essay examines this struggle, the imagination of justice, and the inability to consolidate democracy, or even a stable government, through the lens of the monarchy, which has remained beyond accountability. Violence committed to preserve the monarchy forecloses democracy and fosters a form (...) of what can be called modern absolutist monarchy, when some lives are visibly placed beyond the law’s protection from violence and others are made dispensable by being made subject to repressive enforcement of the law. The emergence in 2020 of a daring challenge to the position of the monarchy beyond the law refracts both the dangers it poses to democracy and the urgency of imagining a new Thai polity. (shrink)

This essay is a response to the important central theme of Michael Green's recent article, Dworkin's Fallacy, or What the Philosophy of Language Can't Teach Us about the Law, 89 Va. L. Rev. 1897 (2003), which considers the relationship between the philosophy of language and the philosophy of law. Green argues forcefully that a number of theorists with quite different viewpoints commonly maintain a connection between the two which turns out to be unfounded. It is accepted that it is wrong (...) to assume such a connection, but it is suggested that Green has failed to recognise the connection that can be established between the two disciplines due to the particular way in which law as a practice uses words. The reasons given by Green for seeking to maintain a distinction between ordinary language practice and the language practice of the law are considered and rejected in part I of the essay. The general conclusion is reached that, irrespective of which position is adopted in the philosophy of law, at the point of judgment the philosophy of law and the philosophy of language are inextricably linked in being concerned to account for the same practice. Part II of the essay considers the basic issues for the philosophy of language addressed in Green's article, which are concerned with the search for the mechanism which links a particular meaning to a word. One reading of Wittgenstein's rule skepticism, supported by Dennis Patterson, is to reject the existence of any mechanism interrupting the direct connection between the capacity we possess in our language practice and the capacity we possess in the practice to which our language refers. Patterson provides another target for Green's allegation that theorists who take a position in the philosophy of law from their position in the philosophy of language are committing a fallacy. However, it is pointed out that within the Patterson-Wittgenstein position, there is no possibility of moving from one position to the other since both positions are already necessarily connected. The remaining discussion in Part II then explores the apparently common connection between law and language established within the practice of judgment and within the general view of the nature of language favoured in Patterson's reading of Wittgenstein. It is argued that Wittgenstein's philosophical method may maintain a connection between law and language, and the positions adopted within their respective philosophies, but is incapable of resolving the controversy between competing views of how law/"law" should be understood. By contrast, the practice of judgment is used precisely to resolve controversy. Although this judgment is concerned primarily with a specific part of the law, its significance extends to how we regard the philosophical endeavours that need to provide an account of it. This provides lessons for both the philosophy of language and the philosophy of law. (shrink)

Advance refusals of life-sustaining treatment involve three potentially conflicting interests: those of the patient; those of the doctor; and those of the law. The state's interest in protecting life can clash with the patient's right to self determination which, in turn, can conflict with the doctor's desire to act in the patient's best interests. Against this background, we present the case of a patient who was treated (arguably) contrary to his advance refusal but in accordance with English law.

Despite the ever-changing field of artificial intelligence (AI) and its preponderance of pre-print articles, Cohen offers a timely, nuanced, and self-aware overview of ChatGPT and the world of Larg...

The. Metamorphosis. of. Motherhood. Patricia. Smith. Motherhood, as traditionally understood, is obsolete. It is not yet as obsolete as, say, knighthood, but it is moving just as inevitably in the same direction. No one wants to admit that, but it is ...

The author confronts the idea of responsibility by mapping the work of J. L. Austin onto the criminal law. Doing so entails considering the extent to which the language of criminal law can be reconciled with ordinary language, a project that entails considering whether the language of criminal law is ordinary language.