This is a one page handout outlining an interpretation of Simone de Beauvoir which draws heavily upon material from the analytic tradition of philosophy.

This is a one page handout reconstructing the paradox and identifying four solutions in the literature, as well as some concerns about them.

This one page handout presents a seemingly inconsistent triad from Malinowski, concerning the requirement to do intensive fieldwork, and solutions to it.

This is a one page handout presenting some objections A.R. Radcliffe-Brown makes to Frazer on rites and Frazer's evolutionism.

This is a one page handout identifying some notable omissions from her brief history of gender identity theory.

This is a two-page handout covering the subtle differences between H.L.A. Hart and Scott Soames on whether the protection of basic liberties would be prioritized using the original position method.

This is a one-page handout which responds to Kathleen Stock's 2021 book Material Girls. It considers how analytic philosophy can be introduced into this area, and specifies five kinds of argument for the claim that the sexes are socially constructed.

This is a one page handout, presenting a puzzle from J.G. Frazer regarding why, to become the priest of Diana at Nemi, one had to first break a bough in the sacred grove.

This is a two page handout specifying approaches, or methods, used in interpreting Judith Butler. The methods of various analytic philosophers are identified.

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

This is a two page handout summarizing a number of objections made against Robert Graves's book of Greek myths.

This is a one page handout presenting R.R. Marrett's objections to Frazer from an article reviewing books by Frazer and also one by Malinowski (and others not referred to here).

This is a one-page handout presenting some objections nationalists might or do make to John Rawls's original position method.

This is a one page handout, which specifies four uses of the social organism analogy in British structural-functionalist anthropology and contrasts these uses with uses in analytic political philosophy.

This is a one page handout presenting objections from Gluckman's book Politics, Law, and Ritual in Tribal Society.

This is a one page handout presenting different attempts to understand claims of the form "Everyone knows X.".

I present two senses in which a political philosophy may be an ideal theory. They are not identified by Laura Valentini, in her much-cited paper. The paper is written as a pastiche of the writing style of the distinguished legal and political philosopher Joseph Raz, who recently passed away, with my notes at the foot of the page within square brackets.

This is a one-page handout specifying five kinds of legitimacy.

This is a two page handout, briefly summarizing late nineteenth and early twentieth century philosopher Henry Sidgwick's objections to giving all citizens a right to as much equal freedom as possible. H.L.A. Hart, who uses the material in a notable paper, also figures.

This is a one page handout summarizing some information on how people in the village of Elmdon use the concept of being real Elmdon.

In lieu of an abstract, here is a brief excerpt of the content:Comments on “Moral Complicity in Induced Pluripotent Stem Cell Research”W. Malcolm Byrnes, Ph.D. and Edward J. FurtonIn his article titled “Moral Complicity in Induced Pluripotent Stem Cell Research,” Mark T. Brown (2009) unfortunately mischaracterizes my ethical analysis of the use of induced pluripotent stem (iPS) cells for replacement therapies, or treatments (Byrnes 2008). In my paper, which Brown cites, I argue that, just as it is ethically acceptable (...) for parents to allow their children and themselves to be immunized using vaccines produced by cell lines derived from human fetuses aborted in the past, it is also acceptable for persons in the future to benefit from treatments that use iPS cells validated using human embryonic stem (ES) cell lines [End Page 202] derived in the past. The assumption I make is that iPS cells would have to be shown to be functionally equivalent to human ES cells—i.e., validated—before they could be used for cell replacement treatments. (If it turns out that this assumption is incorrect, and primate or even mouse ES cells can be used for the validation, then all residual ethical problems will disappear and there will be no ethical problems whatsoever associated with iPS cells.) I wrote:... [I]n both cases, the origin of the treatment is in a one-time event: either the one-time use of aborted fetuses to obtain cell lines (e.g., MRC-5 and WI- 38) to grow weakened virus strains for vaccine production, or the one-time destruction of human embryos to validate iPS cells, which then effectively replace embryonic stem cells. In the latter case, if no additional embryonic stem cell lines are derived, then derivation of the existing lines could be considered a “one-time” event in the past, albeit an event that extended over a several-year period(Byrnes 2008, p. 287, emphasis added).Note the phrase “if no additional embryonic stem cell lines are derived.” The derivation of ES cell lines inherently involves destruction of embryos; indeed, that is why many people, including me, are opposed to human ES cell research. In my article, I am arguing that, if no additional ES cell lines are derived, then no additional human embryos will be destroyed, and the destruction of human embryos will lie in the past. In this case, embryo destruction could be considered a past event, just as the abortion of a human fetus from which vaccine-producing cell lines were derived is a past, albeit tragic, event.In the process of building his argument that proponents of iPS cell research are morally complicit in embryo destruction, Brown (2009, p. 15) casts me as being in favor of the “derivation of new embryonic stem [cell lines].” This is the exact opposite of my position. In fact, I am opposed to further destruction of human embryos. I believe that the hundreds of ES cell lines already in existence are more than sufficient to validate iPS cells and so no additional lines need to be derived. This means that no additional human embryos will need to be destroyed.Apparently based on the misperception that I support future destruction of human embryos, Brown concludes that “Byrnes’s endorsement of ongoing iPSC validation studies would seem to implicate him and those who follow his lead in formal and material complicity in what they perceive as moral evil” (p. 16). He writes that “explicit formal complicity would attach because he [Byrnes] knowingly and intentionally recommends that embryos be killed in order to facilitate a transition to a future in which no more embryos need be destroyed” (p. 16). Additionally, my “followers” and I would be guilty of “proximate material complicity” as well as “remote material complicity” (p. 16). Unfortunately, this broad condemnation is based on a misconception of my actual position.An additional problem involves Brown’s use of a quotation he attributes to me: [End Page 203]Once embryonic stem cells are used to successfully validate iPS cells, they will no longer be needed and their association with iPS cells will lie in the past. Is there not an element of sadness and resignation in accepting something (iPS cells) associated with an unjust act (destruction of an... (shrink)

This is a sketch of the basis and role of consciousness and the minimally required elements and constraints of any setting that may produce consciousness. It proposes that consciousness (as we know it) is a biologically-mediated product of evolved recursive and hierarchically nested representational systems that obey information theoretic principles and Bayesian (probabilistic) feedback and feedforward predictive modeling processes.

This is a conjecture about the conditions and operating structures that are required for the phenomenality of certain mental states. Specifically, full-blown phenomenality is assumed, as contrasted with constrained examples of phenomenal experience such as sensations of color and pain. Propositional attitudes and content, while not phenomenal per se, are standardly concurrent and may condition phenomenal states (e.g., when tied to false beliefs). It is conjectured that full phenomenality natively arises in coherent processes of situated sensory synthesis and representation (with (...) conceptual content) that are looped, mereologically whole and multi-dimensional. And that phenomenal states are typically phase-states within a parameterized conjoint structure of world and experiencer processes that are causally modulated across Markov blankets (which are conditionally independent and may be nested: cf. M. Kirchoff, et. al., 2017, 2018; and T. Burge, 2010, re: anti-individualism). Though they may, it is not accepted that phenomenally conscious states must be targets of higher-order representations (cf. A. Byrne, 2004). (shrink)

Timelines is an inquiry into the nature of time, both as an apparent feature of the external physical world and as a fundamental feature of our experience of ourselves in the world. The principal argument of Timelines is that our coventional ideas about time are largely mistaken and that what we think of as independent physical time is actually our calibration of a certain relation between events. Namely, the relation between time-keeping events and the causal sequential differences of physical processes (...) which are real and independent of us. (shrink)

It is observed that most development modalities employed over the years for achieving community development in Africa have not leaved up to expectation in terms of involving the majority of people in the quest for national transformation and development; rather, these modalities tend to complicate the very problems they are set out to solve. The situation is mostly like this because the adopted development strategies have not taken adequate cognizance the essence of effective communication methods and the importance of people’s (...) perspectives and peculiarities in these processes. Mostly, the so-called outsiders and experts in development matters who are physically and socially separated from the people think for them and about their development. This situation is inimical to genuine and sustainable development. It is important therefore to note that development can only be meaningful and sustainable when it is people generated; involving people’s real needs and their participation in the process of achieving them. It is at this point therefore that community theatre can come handy as it has the potentials to bring people together to discuss issues that disempowered them and participatorily proffer solutions to the negatives. Community theatre can be explored to work with rural and urban people; mostly the rural dwellers who are mostly disempowered. In view of this therefore, this paper posits that community theatre is a method of participatory communication towards achieving social change. (shrink)

One of the more obscure arguments for Rawls’ difference principle dubbed ‘the Pareto argument for inequality’ has been criticised by G. A. Cohen (1995, 2008) as being inconsistent. In this paper, we examine and clarify the Pareto argument in detail and argue (1) that justification for the Pareto principles derives from rational selfinterest and thus the Pareto principles ought to be understood as conditions of individual rationality, (2) that the Pareto argument is not inconsistent, contra Cohen, and (3) that the (...) kind of bargaining model required to arrive at the particular unequal distribution that the difference principle picks out is a model that is not based on bargaining according to one’s threat advantage. (shrink)

Simone de Beauvoir and Jean-Paul Sartre struggled for the whole of their philosophical careers against one of modern Western philosophy's most pervasive concepts, the Cartesian notion of self. A notion of self is always a complex of ideas; in the case of Beauvoir and Sartre it includes the ideas of embodiment, temporality, the Other, and intersubjectivity. This essay will show the considerable part that gender, especially Beauvoir's position as a woman in twentieth-century France, played in the development, presentation and reception (...) of the couple's alternative formulation. (shrink)

An interview with Ed Casey where we discuss the intersections of his philosophical work with current political issues, including the Israel-Palestine conflict.

The standard representation theorem for expected utility theory tells us that if a subject’s preferences conform to certain axioms, then she can be represented as maximising her expected utility given a particular set of credences and utilities—and, moreover, that having those credences and utilities is the only way that she could be maximising her expected utility. However, the kinds of agents these theorems seem apt to tell us anything about are highly idealised, being always probabilistically coherent with infinitely precise degrees (...) of belief and full knowledge of all a priori truths. Ordinary subjects do not look very rational when compared to the kinds of agents usually talked about in decision theory. In this paper, I will develop an expected utility representation theorem aimed at the representation of those who are neither probabilistically coherent, logically omniscient, nor expected utility maximisers across the board—that is, agents who are frequently irrational. The agents in question may be deductively fallible, have incoherent credences, limited representational capacities, and fail to maximise expected utility for all but a limited class of gambles. (shrink)

Do theories of quantum mechanics and quantum gravity require spacetime to be a basic, ground level feature, or can spacetime be seen as an emergent element of these theories? While several commentators have raised serious doubts about the prospects of forgoing the standard spacetime backdrop, it will be argued that a defense of these emergent spacetime interpretations of quantum mechanics and quantum gravity hypotheses can be made, whether as an inference to the best explanation or using another strategy. Furthermore, the (...) idea that space and time can arise from a quite different, non-spatiotemporal level of reality will be shown to have various historical precedents, especially in the seventeenth and eighteenth centuries, a realization that may help dispel some of the mystery associated with these types of hypotheses. (shrink)

I observe common ground and differences between the first page of Edith Wharton’s The House of Mirth and Christina Rossetti’s Commonplace.

This paper responds to Kathleen Stock’s attempt to explain a puzzling fact, at least from her standpoint: widespread assertions that some people who are biologically male are women and some people who are biologically female are men. She regards these assertions as made while immersed in a fiction. Stock rejects an alternative explanation – that a lot of these people have read Judith Butler or 1970s feminism. Clarifying that explanation reveals it to be not so easy to dismiss.

This paper offers a cheap solution to Laura Valentini’s paradox of ideal theory. An ideal theory cannot be sound by definition, since in the relevant sense of “ideal theory” it involves false propositions.

I present a sense of the term “ideal theory” based on Joseph Raz’s response to the situation of a lifeguard faced with three drowning on one side and two on the other and unable to save all. From what is of value, such a theory builds up a conception of an ideal political state or an aspect of it which we have reason to realize, but ignoring whether it is possible for us to realize this.

In his Edifying Discourses, Soren Kierkegaard published a sermon entitled ‘The Unchangeableness of God’ in which he reiterated the dogma which dominated Catholic, Protestant and even Jewish expressions of classical supernaturalist theology from the first century A.D. until the advent of process theology in the twentieth century. The dogma that as a perfect being, God must be totally unchanging in every conceivable respect was expressed by Kierkegaard in such ways as: He changes all, Himself unchanged. When everything seems stable and (...) in the overturn of all things, He remains equally unchanged; no change touches Him, not even the shadow of a change; in unaltered clearness He, the father of lights, remained eternally unchanged. 1. (shrink)

In this paper, I present an outline of a paradox which is a variation on the lottery paradox and concerns whether we can ignore hesitant moral judgments.

Can a reason to believe testimony derive from the addressee’s trust itself or only from reliability in the speaker that the trust perhaps causes? I aim to cast suspicion on the former view, defended by Faulkner, in favor of the latter – despite agreeing with Faulkner’s emphasis on the second-personal normativity of testimonial assurance. Beyond my narrow disagreement with Faulkner lie two broader issues. I argue that Faulkner misappropriates Bernard Williams’s genealogy of testimony when he makes use of Williams’s genealogical (...) argument in his own preferred assurance view of testimony. Though Williams doesn’t clearly articulate it, there is a deep reason why Williams’s genealogy cannot underwrite an argument for trust-based testimonial reasons. Can a genealogical argument underwrite any version of the assurance view? I sketch an assurance view of testimonial reasons that rejects Faulkner’s thesis that such reasons could be grounded in trust. Then I examine what it would take for that assurance view to receive genealogical vindication. (shrink)

Should one read T.H. Irwin’s three volume history of Western ethics, or parts of it? Here one might turn to reviews. The journal The Philosophical Forum uses the sensible strategy of getting different specialists to review different parts of the book. There are two chapters on Rawls, each one reviewed by a Rawlsian. I wish to register discontent with Steven Ross’s review.

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives her addressee the (...) reason. Each claim is controversial; my contribution lies in how I defend them together, linking the sincerity obligation to the provision of reasons. On trust’s risks, I defend a popular thesis about the nature of trust – that trust differs from mere reliance in how it risks betrayal – against the objection that the thesis ‘moralizes’ trust. Such betrayal need not be moral, I argue, because it may derive entirely from how the assurance purports to provide a reason. (shrink)

Comparativism is the view that comparative confidences (e.g., being more confident that P than that Q) are more fundamental than degrees of belief (e.g., believing that P with some strength x). In this paper, I outline the basis for a new, non-probabilistic version of comparativism inspired by a suggestion made by Frank Ramsey in `Probability and Partial Belief'. I show how, and to what extent, `Ramseyan comparativism' might be used to weaken the (unrealistically strong) probabilistic coherence conditions that comparativism traditionally (...) relies on. (shrink)

Imprecise probabilities are often modelled with representors, or sets of probability functions. In the recent literature, two ways of interpreting representors have emerged as especially prominent: vagueness interpretations, according to which each probability function in the set represents how the agent's beliefs would be if any vagueness were precisified away; and comparativist interpretations, according to which the set represents those comparative confidence relations that are common to all probability functions therein. I argue that these interpretations have some important limitations. I (...) also propose an alternative—the functional interpretation—according to which representors are best interpreted by reference to the roles they play in the theories that make use of them. (shrink)

Brian Leftow has argued in significant detail for a timeless conception of God. However, his work has been interacted with less than one might expect, especially given that some have contended that divine timelessness should be put to death and buried. Further, the work that has critically interacted with Leftow does a very poor job at discrediting it, or so I will contend. As we shall see, the main reason for this is either because what is central to Leftow’s view (...) is not affected by the objection, or because Leftow provides another way of getting his theory off the ground. Why, then, do so many objections miss the mark? I suspect it’s because many struggle to understand Leftow’s view and what is central to it. As such, one of the main goals of this paper will be to make Leftow’s account more accessible and to elucidate the main elements of the theory, whilst also providing responses to the main objections raised against his view. The overall result of this, I hope, will be a more fruitful examination of Leftow’s view in the future. (shrink)

This paper responds to an argument against a kind of anthropology. According to the argument, if the aim of anthropology is to describe the different worldviews of different groups, then anthropologists should only refer to material artefacts in order to illustrate a worldview; but the interest of artefacts to anthropology goes beyond mere illustration. This argument has been endorsed by key members of the ontological movement in anthropology, who found at least one of its premises in Marilyn Strathern’s writing.

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the traditional substance/accident dichotomy (...) concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

Today's conflicts between religions are grounded largely in historical injustices and grievances but partly in serious conceptual disagreements. This essay agrees with Miroslav Volf that a nontritheistic Christian account of the Trinity is highly desirable. Three traditional models of the Trinity are examined. In their pure, unmixed form, two of them should logically be acceptable to Jews, Muslims, and strict monotheists who regard Christianity as inherently tritheistic, despite lip service to one God. In the social model, three distinct self-aware subjects (...) are unified by being in perfect harmony with each other. Despite Volf's best defense of this, to conceive of three gods, this is how one would go about it. In the psychological model, one divine subject has three psychological capacities—memory, understanding, and will. In the functional model, one subject relates to the world in three different ways—as creator, redeemer, and companion. These two are genuinely monotheistic. Finally, a monotheistic account of the unity of Jesus with God is proposed for consideration. (shrink)

ABSTRACT According to comparativism, comparative confidence is more fundamental than absolute confidence. In two recent AJP papers, Stefánsson has argued that comparativism is capable of explaining interpersonal confidence comparisons. In this paper, I will argue that Stefansson’s proposed explanation is inadequate; that we have good reasons to think that comparativism cannot handle interpersonal comparisons; and that the best explanation of interpersonal comparisons requires thinking about confidence in a fundamentally different way than that which comparativists propose: specifically, we should think of (...) confidence as a dimensionless quantity. (shrink)

There are some premise-by-premise reconstructions in political philosophy which are flawed, because they omit at least one premise or misword at least one premise. This paper focuses on a reconstruction by Richard Child. The original argument is by Andrea Sangiovanni and is about whether egalitarian values of distributive justice apply both within a state and globally. Child’s reconstruction has been reproduced in a paper by Ian Davis, who approves of it. But I point out five logical problems with the reconstruction.

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī (150 A.H./767 C.E.). (shrink)

Joseph Raz criticizes John Rawls for a procedure supporting a non-adaptable constitution. This paper considers how a non-adaptable constitution can seem not so counterintuitive and also when.