I argue in this article (i) that Karl Olivecrona's legal philosophy, especially the critique of the view that law has binding force, the analysis of the concept and function of a legal rule, and the idea that law is a matter of organized force, is a significant contribution to twentieth century legal philosophy. I also argue (ii) that Olivecrona fails to substantiate some of his most important empirical claims, and (iii) that the distinction espoused by Olivecrona between the truth and (...) the correctness of legal statements is problematic but not needed in Olivecrona's legal philosophy. (shrink)

Abstract In an engaging and ingenious paper, Irvine (1993) purports to show how the resolution of Braess? paradox can be applied to Newcomb's problem. To accomplish this end, Irvine forges three links. First, he couples Braess? paradox to the Cohen?Kelly queuing paradox. Second, he couples the Cohen?Kelly queuing paradox to the Prisoner's Dilemma (PD). Third, in accord with received literature, he couples the PD to Newcomb's problem itself. Claiming that the linked models are ?structurally identical?, he argues that Braess solves (...) Newcomb's problem. This paper shows that Irvine's linkage depends on structural similarities?rather than identities?between and among the models. The elucidation of functional disanalogies illuminates structural dissimilarities which sever that linkage. I claim that the Cohen?Kelly queuing paradox cloaks a fine structure that decouples it from both Braess? paradox and the PD (Marinoff, 1996a). I further assert that the putative reduction of the PD to a Newcomb problem (e.g. Brams, 1975; Lewis, 1979) is seriously flawed. It follows that Braess? paradox does not solve Newcomb's problem via the foregoing and herein sundered chain. I conclude by substantiating a stronger claim, namely that Braess'paradox cannot solve Newcomb's problem at all. (shrink)

As the product of liberalism's first encounter with the theoretical problems posed by legal discrimination and unequal treatment of minority groups, Locke's argument for religious toleration foreshadowed contemporary democratic theory's emphasis on non-coercive discussion of diverse rights claims and broadly inclusive public deliberations. This study tries to illuminate the democratic dimension of Locke's toleration theory by focusing on his crucial account of the church as a voluntary association. Here Locke presented discursive possibilities for the articulation of diverse beliefs and interests (...) that he believed would not only benefit both society as a whole and the minority religious groups contained in it, but also weave principles of contestation and deliberation into the very fabric of the liberal polity. (shrink)

Axelrod (The evolution of cooperation, 1984) and others explain how cooperation can emerge in repeated 2-person prisoner’s dilemmas. But in public good games with anonymous contributions, we expect a breakdown of cooperation because direct reciprocity fails. However, if agents are situated in a social network determining which agents interact, and if they can influence the network, then cooperation can be a viable strategy. Social networks are modelled as graphs. Agents play public good games with their neighbours. After each game, they (...) can terminate connections to others, and new connections are created. Cooperative agents do well because they manage to cluster with cooperators and avoid defectors. Computer simulations demonstrate that group formation and exclusion are powerful mechanisms to promote cooperation in dilemma situations. This explains why social dilemmas can often be solved if agents can choose with whom they interact. (shrink)

How can abductive reasoning be physical, feasible, and reliable? This is Fodor’s riddle of abduction, and its apparent intractability is the cause of Fodor’s recent pessimism regarding the prospects for cognitive science. I argue that this riddle can be solved if we augment the computational theory of mind to allow for non-computational mental processes, such as those posited by classical associationists and contemporary connectionists. The resulting hybrid theory appeals to computational mechanisms to explain the semantic coherence of inference and associative (...) mechanisms to explain the efficient retrieval of relevant information from memory. The interaction of these mechanisms explains how abduction can be physical, feasible, and reliable. (shrink)

Constitutional liberal practices are capable of being normatively grounded by a number of different metaphysical positions. Kant provides one such grounding, in terms of the autonomously derived moral law. I argue that the work of Edmund Burke provides a resource for an alternative construal of constitutional liberalism, compatible with, and illumined by, a broadly Thomistic natural law worldview. I contrast Burke's treatment of the relationship between truth and cognition, prudence and rights, with that of his contemporary, Kant. We find that (...) in each case where Kant's system is constructed from the first principle of autonomy, Burke's thought is oriented toward an end that is not of our making. Readings of Burke as a natural law thinker are currently out of fashion among Burke commentators; without relying, for the main thesis, on historical claims about Burke's "Thomism," I nonetheless explore and challenge some of the assumptions that underlie the current orthodoxy. (shrink)

A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular, views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy should be approached through semantic meaning. However, the role of authority (in the form of lawmaker choice) in law in general, and democratic systems in particular, (...) require that these realist solutions to the problem of legal determinacy be rejected, or at least significantly revised. (shrink)

. I will argue that the concept of law is a normative notion, irreducible to any factual description. Its conceptual function is that of relating certain properties a norm may possess to the conclusion that the norm is legally binding, namely, that it deserves to be endorsed and applied in legal reasoning. Legal validity has to be distinguished from other, more demanding, normative ideas, such as moral bindingness or legal optimality.

In this article, I present a neo-Confucian answer, by Cheng Hao and Cheng Yi, to the question, "Why should I be moral?" I argue that this answer is better than some representative answers in the Western philosophical tradition. According to the Chengs, one should be moral because it is a joy to perform moral actions. Sometimes one finds it a pain, instead of a joy, to perform moral actions only because one lacks the necessary genuine moral knowledge—knowledge that is accessible (...) to every common person as long as one makes the effort to learn. One should make the effort to learn such knowledge—to seek joy in performing moral actions—because to be moral is a distinguishing mark of being human. This neo-Confucian answer seems to be egoistic, as its conception of motivation for morality is based on self-interest: to seek one's own joy. However, since it emphasizes that one's true self-interest is to seek joy in things uniquely human, which is to be moral, self-interest and morality become identical; the more a person seeks one's self-interest, the more moral the person is, and vice versa. (shrink)

This article argues that teachers of environmental ethics must more aggressively entertain questions of private property in their work and in their teaching. To make this case, it first introduces the three primary positions on property: occupation arguments, labor theory of value arguments, and efficiency arguments. It then contextualizes these arguments in light of the contemporary U.S. wise-use movement, in an attempt to make sense of the concerns that motivate wise-use activists, and also to demonstrate how intrinsic value arguments miss (...) the mark. Finally, it offers some suggestions about further directions for environmental ethics, reasoning that there is a good deal of headway to be gained for environmental ethics by accepting that nature can be owned as property, but nevertheless engaging the idea of private property critically. (shrink)

Due to the domain characteristics of business ethics, a contractarian theory for business ethics will need to be essentially different from the contract model as it is applied to other domains. Much of the current criticism of contractarian business ethics (CBE) can be traced back to autonomy, one of its three boundary conditions. After explaining why autonomy is so important, this article considers the notion carefully vis à vis the contracting partners in the contractarian approaches in business ethics. Autonomy is (...) too demanding a condition for the realm of CBE. But a less stringent version of the contract may be possible, a version which uses the contract as a heuristic device, which merely requires moral responsibility. Furthermore, it is argued that views of (human) agency and the moral subject should be made explicit in such a theory. (shrink)

Seth suggests that the transformation of the international system from a system of states to a system of nation-states has had profound consequences for international relations, consequences not fully grasped in international relations theory.

This paper compares and contrasts the philosophical positions of Hobbes and Rousseau from the standpoint of interpersonal communication theory. Although both men argued from the state of nature, they differed fundamentally on the nature of humankind and the purpose of relationships. These differences should be of concern for interpersonal scholars insofar as they reflect differing sets of axioms from which to begin theorizing. The second part of the paper establishes a link between Hobbes' philosophy and the social exchange tradition: The (...) Hobbes-social exchange tradition begins with the assumption that individuals form relationships to maximize rewards and minimize costs; a Rousseauist position must begin with the assumption that individuals form relationships in pursuit of some common goal. Thus, relational continuity and quality are not a function of cost-benefit ratios, but of how well partners work together toward their common good. (shrink)

: As Spinoza presents it, the knowledge of God is knowledge, primarily, of oneself and, secondarily, of other things. Without this know‐ledge, a mind may not consciously desire to persevere in being. That is why Spinoza claims that the knowledge of God is the most useful thing to the mind at IVP28. He claims that the knowledge of God is the highest good, however, not because it is instrumental to perseverance, but because it is also the best among those goods (...) that we seek for their own sakes. It is acquiescentia in se ipso, the highest form of laetitia. (shrink)

(2002). A VERY PECULIAR ROYALIST. HOBBES IN THE CONTEXT OF HIS POLITICAL CONTEMPORARIES. British Journal for the History of Philosophy: Vol. 10, No. 2, pp. 167-208. doi: 10.1080/096087800210122455.

Let libertarianism be the view that humans are capable of making decisions that are simultaneously undetermined and appropriately non-random. It’s often argued that this view is incoherent because indeterminacy entails randomness (of some appropriate kind). I argue here that the truth is just the opposite: the right kind of indeterminacy in our decisions actually entails appropriate non-randomness, so that libertarianism is coherent, and the question of whether it’s true reduces to the wide-open empirical question of whether certain of our decisions (...) (which I characterize here) are undetermined at the moment of choice. Moreover, the version of libertarianism developed here is entirely naturalistic and event-causal. (shrink)