Despite the end of the Cold War and the ascendancy of liberal democracy celebrated by Francis Fukuyama as “the end of history”, a growing number of scholars and political activists point to its inherent shortcomings. However, they have tended to dismiss it on the basis of one or two of its salient weaknesses. While this is a justifiable way to proceed, it denies the searching reader an opportunity to see the broad basis for the growing rejection of liberal democracy among (...) African political theorists. Consequently, in this article, I argue that from an African perspective, the almost hegemonic status of liberal democracy can be challenged on at least five grounds, namely, logical inconsistency, impracticability due to the largely communalistic outlook of many africans, inconsistency between affirmation and action, violation of the right to ethnic identity, and the moral imperative to assert the right to cultural emancipation. -/- I conclude by calling upon African and Africanist political theorists to utilise indigenous African political thought, coupled with emancipatory aspects of political thought from other parts of the world, to design practicable models of democracy for contemporary African states. I further conclude that in order to promote genuine inter-cultural dialogue on democratisation, people from Western cultures ought to acknowledge the equality of all cultures, and to recognise that systems of governance are part and parcel of those cultures. (shrink)

In this paper I argue that Aquinas’ account of analogy provides resources for resolving the prima facie conflict between his claims that (1) the divine relations constituting the persons are “one and the same” with the divine essence; (2) the divine persons are really distinct, (3) the divine essence is absolutely simple. Specifically, I argue that Aquinas adopts an analogical understanding of the concepts of being and unity, and that these concepts are implicit in his formulation of claims about substance (...) and relation in the Trinity. I then show how Aquinas appeals to key structural features of analogical concepts, notably, the simpliciter/secundum quid characterization, to resolve apparent conflicts between the unity of substance and distinction of relations in the Trinity. (shrink)

The purpose of this essay is to explore, and clarify, some key features in Aquinas’ account of the virtue of temperance, with an eye to answering some common objections raised against a positive evaluation of temperance. In particular, I consider three features of Aquinas’ understanding of temperance: First, the role of the rational mean in temperance; second, the role of rightly ordered passions in temperance; and third, the ‘despotic’ control of reason over the passions in temperance. Along the way I (...) consider three common objections to Aquinas’ account of temperance: the objection that temperance can be misused for evil, the objection that temperance devalues effort, and the objection that temperance devalues strong passions and thereby implicitly devalues the goodness of sexuality. In responding to these objections on behalf of Aquinas, I take the opportunity to clarify and slightly extend Aquinas’ account of temperance. (shrink)

Discussions on the impact and future directions of technology often proceed from an empirical point of view that seems to presume that the ebb and flow of technological developments is beyond the control of humankind, so that all that humanity can do is adjust to it. However, such an approach easily neglects several crucial normative considerations that could enhance the standing of individual human beings and whole communities as rational users of technology rather than its slaves. Besides, more often than (...) not, technological products are designed in ways that neglect the needs of persons with disabilities, thereby perpetuating their exclusion from society. Consequently, this article proposes four normative considerations to guide the initiatives of African societies in their deployment of the technologies of the Fourth Industrial Revolution, namely, inclusiveness to meet the needs of all human beings, affordability to bridge the digital divide, respect for cultural identity to guard against cultural imperialism, and an ethical orientation as the overarching guide to building a truly human society. (shrink)

In two rarely discussed passages – from unpublished notes on the Principles of Philosophy and a 1647 letter to Chanut – Descartes argues that the question of the infinite extension of space is importantly different from the infinity of time. In both passages, he is anxious to block the application of his well-known argument for the indefinite extension of space to time, in order to avoid the theologically problematic implication that the world has no beginning. Descartes concedes that we always (...) imagine an earlier time in which God might have created the world if he had wanted, but insists that this imaginary earlier existence of the world is not connected to its actual duration in the way that the indefinite extension of space is connected to the actual extension of the world. This paper considers whether Descartes’s metaphysics can sustain this asymmetrical attitude towards infinite space vs. time. I first consider Descartes’s relation to the ‘imaginary’ space/time tradition that extended from the late scholastics through Gassendi and More. I next examine carefully Descartes’s main argument for the indefinite extension of space and explain why it does not apply to time. Most crucially, since duration is merely conceptually distinct from enduring substance, the end or beginning of the world entails the end or beginning of real time. In contrast, extension does not depend on any enduring substance besides itself. (shrink)

Strong non-maximalism holds that some truths require no ontological ground of any sort. Strong non-maximalism allows one to accept that some propositions are true without being forced to endorse any corresponding ontological commitments. We show that there is a version of truthmaker theory available—anti-aboutness truthmaking—that enjoys the dialectical benefits of the strong non-maximalist’s position. According to anti-aboutness truthmaking, all truths require grounds, but a proposition need not be grounded in the very thing(s) that the proposition is about. We argue that (...) if strong non-maximalism can be defended, then so can anti-aboutness truthmaking on the very same basis; one can enjoy the benefits of strong non-maximalism without giving up on the idea that truth is always grounded in being. (shrink)

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

This article is a reply to Karori Mbugua’s article titled “The Problem of Hell Revisited: Towards a Gentler Theology of Hell” (Thought and Practice: A Journal of the Philosophical Association of Kenya, New Series, Vol.3 No.2, December 2011, pp.93-103). The present article does not in any way seek to argue for or against the existence of eternal damnation. Instead, it advances the view that while Mbugua raises important philosophical issues around the question of eternal damnation, those questions deserve a more (...) incisive treatment than Mbugua accorded them. The article further argues that as with all other matters touching on the way things are rather than the way they ought to be, the answer to the question as to whether or not eternal damnation exists cannot be determined by our opinions - its existence or nonexistence is an objective fact. Consequently, philosophers cannot revise the fact to their liking; what they can do is to accept or reject the doctrine of eternal damnation altogether on rational grounds, but with no assurance that the objective fact is on their chosen side. (shrink)

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

I give an account of the difference between "Holistic" and "Atomistic" views of conscious experience. On the Holistic view, we enjoy a unified "field" of awareness, whose parts are mere modifications of the whole, and therefore owe their existence to the whole. There is some tendency to saddle those who reject the Holistic field model with a (perhaps) implausible "building block" view. I distinguish a number of different theses about the parts of an experience that are suggested by the "building (...) block" metaphor, but which can be rejected by those who also reject the holistic field view. (shrink)

What is the connection between having a phenomenal property and knowing that one has that property? A traditional view on the matter takes the connection to be quite intimate. Whenever one has a phenomenal property, one knows that one does. Recently most authors have denied this traditional view. The goal of this paper is to defend the traditional view. In fact, I will defend something much stronger: I will argue that what it is for a property to be phenomenal is (...) for it to be a property one must know oneself to have when on has it. As we will see, this theory has a number of surprising and welcome upshots, suggesting that the traditional view has been unjustly maligned. (shrink)

During the Standing Rock protests in North Dakota, USA/Turtle Island, a group of military veterans knelt in front of Oceti Sakowin Elders asking forgiveness for centuries of settler colonial military ventures in Oceti Sakowin Territory. Leonard Crow Dog forgave them and immediately demanded respect for Native Nations throughout the U.S. Lacking such respect, he said, Native people will cease paying taxes. Crow Dog’s post-forgiveness remarks speak to the political context of the military veterans’ request: They seek collective forgiveness amidst ongoing (...) occupation and harms committed by the collective they represent. In this chapter, I examine this case study and argue that ongoing harm undermines requests for forgiveness on behalf of collectives. I look to the work of Glen Coultard, Waziyatawin, and Leanne Simpson to consider what a responsible request for collective forgiveness would entail. (shrink)

The articles that comprise this special issue of Intellectual History Review are briefly described.

The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.

The late Kenyan Prof. H. Odera Oruka (1944-1995), from his base in the Department of Philosophy and Religious Studies at the University of Nairobi, contributed significantly to the growth of contemporary African philosophy, and helped locate African philosophy within the global philosophical discourse. His work in areas such as normative and applied ethics, political philosophy, epistemology, and, most notably, philosophic sagacity, continues to play a pivotal role in the current discourse on African philosophy. Prof. Oruka was also one of the (...) founders of Thought and Practice: A Journal of the Philosophical Association of Kenya. -/- The chapters in this volume examine various aspects of Oruka’s prolific contribution to philosophy in general, and to African philosophy in particular. Earlier versions of the chapters were presented at the three-day Odera Oruka International Symposium held from 19th to 21st November 2013, organised by the Department of Philosophy and Religious Studies at the University of Nairobi in collaboration with the Goethe Institute. (shrink)

This essay draws on the work of Jacques Derrida and Angela Y. Davis towards a philosophical resistance to the death penalty in the U.S. I find promise in Derrida’s claim that resistance to the death penalty ought to contest a political structure that founds itself on having the power to decide life and death, but I move beyond Derrida’s desire to consider the abolition of the death penalty without engaging with the particular histories and geographies of European colonialism. I offer (...) a critique of Derrida’s recently published work on the death penalty by engaging with the work of Davis and argue that discussions of state violence in nations that inherit European forms of sovereignty must take seriously the racist violence on which those sovereign powers rely. (shrink)

In this paper we analyse the ideas implicit in the style of exhibition favoured by contemporary galleries and museums, and argue that unless the audience is empowered to ascribe meaning and significance to artwork through critical dialogue, the power not only of the audience is undermined but also of art. We argue that galleries and museums preside over an experience economy devoid of art, unless (i) indeterminacy is understood, (ii) the critical rather than coercive nature of art is facilitated, and (...) (iii) the conditions for inter-subjectivity are met. (shrink)

This article aims to provide a consistent explication of the doctrine of Divine Simplicity. To achieve this end, a re-construal of the doctrine is made within an “aspectival trope-theoretic” metaphysical framework, which will ultimately enable the doctrine to be elucidated in a consistent manner, and the Plantingian objections raised against it will be shown to be unproblematic.

Recently some philosophers have defended the thesis that naturalness, or joint-carvingness, is an aim of belief. This paper argues that there is an important class of counterexamples to this thesis. In particular, it is argued that naturalness is not an aim of our beliefs concerning what is joint carving and what is not.

In the last century, philosophers turned their attention to language. One place they have looked for clues about its nature is Plato’s Cratylus, which considers whether names are naturally or conventionally correct. The dialogue is a source of annoyance to many commentators because it does not take a clear position on the central question. At times, it argues that language is conventional, and, at other times, defends the view that language is natural. This lack of commitment has led to a (...) longstanding dispute over the outcome of the dialogue. I argue that the Cratylus provides no clear resolution to this problem because it presupposes certain unexamined metaphysical commitments about the nature of reality, which are in need of thorough investigation. (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...) in the two constitutions, each one of us from his own philosophical perspective. (shrink)

Propositions represent the entities from which they are formed. This fact has puzzled philosophers and some have put forward radical proposals in order to explain it. This paper develops a primitivist account of the representational properties of propositions that centers on the operation of application. As we will see, this theory wins out over its competitors on grounds of strength, systematicity and unifying power.

It is often said in physics that if two models of a theory are related by a symmetry, then the two models provide (or could provide) two different representations of the very same situation, alike the case of two maps of different color for the very same city. It is also said that the situations represented by two models of a theory are indiscernible in some ways when the models in question are related by a symmetry of the theory, just (...) like the situation in the interior of the cabin of a train when the train is at rest in the station is empirically indiscernible from the situation in the interior when the train is moving uniformly (in classical mechanics, these two situations are represented by two models related by a boost). In recent years, philosophers of physics have focused a lot of attention in developing various principles that aim to elucidate these and similar remarks on symmetries, models, physical equivalence, and representation that are widespread in physics practice. The goal of the current article is to provide a critical review of these principles, and suggest a new framework for thinking about these kinds of questions. One important upshot of the paper is that questions of indiscernibility, and questions of the representational capacity of models, must be distinguished from one another. (shrink)

matter of knowing that -- that injustice is wrong, courage is valuable, and care is As a result, what I'll be doing is primarily defending in general -- and due. Such knowledge is embodied in a range of capacities, abilities, and skills..

This Essay analyzes an essay by H. L. A. Hart about discretion that has never before been published, and has often been considered lost. Hart, one of the most significant legal philosophers of the twentieth century, wrote the essay at Harvard Law School in November 1956, shortly after he arrived as a visiting professor. In the essay, Hart argued that discretion is a special mode of reasoned, constrained decisionmaking that occupies a middle ground between arbitrary choice and determinate rule application. (...) Hart believed that discretion, soundly exercised, provides a principled way of coping with legal indeterminacy that is fully consistent with the rule of law. This Essay situates Hart’s paper – Discretion – in historical and intellectual context, interprets its main arguments, and assesses its significance in jurisprudential history. In the context of Hart’s work, Discretion is notable because it sketches a theory of legal reasoning in depth, with vivid examples. In the context of jurisprudential history, Discretion is significant because it sheds new light on long-overlooked historical and theoretical connections between Hart’s work and the Legal Process School, the American jurisprudential movement dominant at Harvard during Hart’s year as a visiting professor. Hart’s Discretion is part of our jurisprudential heritage, advancing our understanding of legal philosophy and its history. (shrink)

This chapter examines the nature and normative significance of taxation. In particular, it identifies and explores two central normative questions: (1) What tax arrangements should a state or society put into place? (2) How should a citizen or taxpayer relate to an existing system? In thinking through these and relate questions, the discussion also critically engages with the broadly Rawlsian view of taxation defended by Murphy and Nagel in The Myth of Ownership.

This article addresses the ethics of betel nut use in Taiwan. It first presents scientific facts about the betel quid and its consumption and the generally accepted negative health consequences associated with its use: oral and esophageal cancer, coronary artery disease, metabolic diseases, and adverse effects in pregnancy. It then analyzes the cultural background and economic factors contributing to its popularity in Asia. The governmental and institutional attempts to curb betel nut cultivation, distribution, and sales are also described. Finally, the (...) article analyzes the bioethical implications of this often-ignored subject from the perspectives of human dignity, the good of health, vulnerable groups, cultural diversity, informed consent, and ethical blind spots. (shrink)

In the book “A Theory of Justice”, John Rawls examines the notion of a just society. More specifically, he develops a conception of justice—Justice as Fairness—derived from his novel interpretation of the social contract. Central to his account are two lexically-ordered principles of justice by which primary social institutions, or the basic structure of society, are ideally to be organized and regulated. Broadly speaking, the second of Rawls’ two principles pertains to “the distribution of income and wealth”, and its formulation (...) is to be understood as an expression of Rawls’ Difference Principle—roughly, the principle that “inequality in expectation is permissible only if lowering it would make the [worst-off] class even more worse off.”1 2 I want to suggest that Rawls’ Difference Principle (DP) entails the following worrisome outcome: Because DP maximizes the absolute level of expectation (and disregards the relative level), it authorizes potentially immense levels of inequality, such that this inequality itself can become a source of social discord and injustice. This paper will (§2) present Rawls’ formulation of DP, (§3) motivate the worrisome outcome entailed by DP, and (§4) offer a prima facie plausible solution in the form of an addendum to DP. (shrink)

In the essay “Reasonable Religious Disagreements,” Dr. Richard Feldman examines reasonable disagreements between peers. More specifically, he asks whether such disagreements are possible, and also whether the parties to such a disagreement could think that both their own belief and the belief of their peer with whom they disagree are reasonable. Feldman argues that there cannot be any such thing as a reasonable disagreement, and furthermore, that the parties to a disagreement are not epistemically licensed to think that their own (...) belief and their opponents belief are both reasonable. As Feldman notes, “open and honest discussion seems to have the puzzling effect of making reasonable disagreement impossible”. My project herein will be (in §2) to explain Feldman’s notion of a reasonable disagreement, and then reconstruct and assess his argumentation, and (in §3) advance three objections to Feldman’s argument. I will focus on denying Feldman’s answer to his first question—that reasonable disagreement between peers is not possible—and my suggestion is that if any of these three objections to Feldman’s argument go through, then the argument falls. And if Feldman’s argument falls, then his argument no longer provides grounds for our thinking that reasonable disagreement is impossible. (shrink)

In the essay “Epistemic Self-Trust and the Consensus Gentium Argument,” Dr. Linda Zagzebski examines the reasonableness of religious belief. More specifically, she argues that truth demands epistemic self-trust—roughly, a trust in the reliability of our own faculties. Furthermore, it is asserted that this self-trust commits me to an epistemic trust in others, which in turn provides grounds for believing that because many other people (to whom we have granted this epistemic trust) believe in God, this prevalence of belief thereby provides (...) a reason for me to believe in God, too. A critical step in Zagzebski’s argument is the move from epistemic self-trust to granting this sort of trust to other people—a move for which a sub-argument can be drawn out of her essay. My paper’s focus will be to examine Zagzebski’s sub-argument for her second premise (i.e., granting epistemic trust to others) to which I will advance two objections. (shrink)

This is a co-authored dialogue which explores epistemological and metaphysical questions raised by a social constructivist approach to science.

While this article sets out to advance our knowledge about the characteristics of Nigerian cybercriminals (Yahoo-Boys), it is also the first study to explore the narratives of the Economic and Financial Crimes Commission (EFCC) officers concerning them. It appraises symbolic interactionist insights to consider the ways in which contextual factors and worldview may help to illuminate officers’ narratives of cybercriminals and the interpretations and implications of such accounts. Semi-structured interviews of forty frontline EFCC officers formed the empirical basis of this (...) study and were subjected to a directed approach of qualitative content analysis. While prior studies, for example, indicated that only a group of cybercriminals deploy spiritual and magical powers to defraud victims (i.e. modus operandi), our data analysis extended this classification into more refined levels involving multiple features. In particular, analysis bifurcates cybercriminals and their operations based on three factors: [a] educational-attainment, [b] modus-operandi, and [c] networks-collaborators. Results also suggest that these cybercriminals and their operations are embedded in “masculinity-and-material-wealth”. These contributions thus have implications for a range of generally accepted viewpoints about these cybercriminals previously taken-for-granted. Since these criminals have victims all over the world, insights from our study may help various local and international agencies [a] to understand the actions/features of these two groups of cybercriminals better and develop more effective response strategies. [b] to appreciate the vulnerabilities of their victims better and develop more adequate support schemes. We also consider the limitations of social control agents’ narratives on criminals. (shrink)

The case for secrecy in voting depends on the assumption that voters reliably vote for the political outcomes they want to prevail. No such assumption is valid. Accordingly, voting procedures should be designed to provide maximal incentive for voters to vote responsibly. Secret voting fails this test because citizens are protected from public scrutiny. Under open voting, citizens are publicly answerable for their electoral choices and will be encouraged thereby to vote in a discursively defensible manner. The possibility of bribery, (...) intimidation or blackmail moderates this argument but such dangers will be avoidable in many contemporary societies without recourse to secrecy. (shrink)

The educational philosophies of John Dewey, Paulo Freire and Tsunesaburo Makiguchi were born at different times and in different cultures but the themes they propound resonate with the ordinary people. Although there are ideas that are unique to each philosophy, this paper tries to uncover the themes that are similar in them. The purpose to uncovering these themes is to try in some way to form a unifying force that opens a path to making the ideas rather than the person (...) resonate among people. The three philosophers were not interested in recognition but rather sought the welfare of their fellow human beings as their purpose. As such, their hope was that their ideas would be turned to action by people rather than adoration of their philosophies. Increasingly, educators are seeking ways to harmonize their ideas and ideals with other educators in order to build a strong counterbalance to the historically prevalent divisive and prejudicial societal structures that inhibit human development. Paolo Freire points out that such a counterbalance would ultimately benefit the oppressed and the oppressor. In order to accomplish this, educators will need to put aside small philosophical differences and focus on the more meaningful themes that unite them. The interconnectedness of humanity and nature is becoming increasingly apparent in all realms of human activity. Future research and educational work must begin to turn away from its divisive nature and look for themes of harmony within and between disciplines. Instead of looking for ways to reject each other we need to research ways of uniting each other, not only for our own sake but for the sake are future generations. (shrink)

The ethics of betel nut use in Taiwan are examined in this article. It first presents scientific facts about the betel quid, its consumption and negative health consequences and then analyses the cultural background and economic factors contributing to its popularity in Asia. Governmental and institutional attempts to curb betel nut cultivation, distribution and sales are also described. Finally, the bioethical implications of this often ignored subject are considered.

Siblings compete for parental care and feeding, while parents must allocate scarce resources to those offspring most likely to survive and reproduce. This could cause offspring to evolve traits that advertise health, and thereby attract parental resources. For example, experimental evidence suggests that bright orange filaments covering the heads of North American coot chicks may have evolved for this fitness-advertising purpose. Could any human mental disorders be the equivalent of dull filaments in coot chicks—low-fitness extremes of mental abilities that evolved (...) as fitness indicators? One possibility is autism. Suppose that the ability of very young children to charm their parents evolved as a parentally selected fitness indicator. Young children would vary greatly in their ability to charm parents, that variation would correlate with underlying fitness, and autism could be the low-fitness extreme of this variation. This view explains many seemingly disparate facts about autism and leads to some surprising and testable predictions. (shrink)

The present study aimed to develop effective moral educational interventions based on social psychology by using stories of moral exemplars. We tested whether motivation to engage in voluntary service as a form of moral behavior was better promoted by attainable and relevant exemplars or by unattainable and irrelevant exemplars. First, experiment 1, conducted in a lab, showed that stories of attainable exemplars more effectively promoted voluntary service activity engagement among undergraduate students compared with stories of unattainable exemplars and non-moral stories. (...) Second, experiment 2, a middle school classroom-level experiment with a quasi-experimental design, demonstrated that peer exemplars, who are perceived to be attainable and relevant to students, better promoted service engagement compared with historic figures in moral education classes. (shrink)

Are people with flawed faces regarded as having flawed moral characters? An “anomalous-is-bad” stereotype is hypothesized to facilitate negative biases against people with facial anomalies (e.g., scars), but whether and how these biases affect behavior and brain functioning remain open questions. We examined responses to anomalous faces in the brain (using a visual oddball paradigm), behavior (in economic games), and attitudes. At the level of the brain, the amygdala demonstrated a specific neural response to anomalous faces—sensitive to disgust and a (...) lack of beauty but independent of responses to salience or arousal. At the level of behavior, people with anomalous faces were subjected to less prosociality from participants highest in socioeconomic status. At the level of attitudes, we replicated previously reported negative character evaluations made about individuals with facial anomalies, and further identified explicit biases directed against them as a group. Across these levels of organization, the specific amygdala response to facial anomalies correlated with stronger just-world beliefs (i.e., people get what they deserve), less dispositional empathic concern, and less prosociality toward people with facial anomalies. Characterizing the “anomalous-is-bad” stereotype at multiple levels of organization can reveal underappreciated psychological burdens shouldered by people who look different. (shrink)

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)