H.L.A. Hart’s objection to defining a law as a subtype of an unclear type, or one of his objections, suffers from two oversights, which I identify.

Joseph Raz’s obituary of H.L.A. Hart for Utilitas raises certain puzzles, especially for readers coming from the research area analytic political philosophy. I present three puzzles.

Philosophers, and students of philosophy, are often advised to interpret other philosophers charitably. In this paper, I present an alternative to interpreting charitably. I call it “the simple-model technique” and use H.L.A. Hart responding to John Rawls to illustrate it.

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.

This paper proposes that there is common ground between H.J. Rose’s A Handbook of Greek Mythology and Robert Graves’s The Greek Myths, in that both seem to think that it is a bad idea to meet a certain demand: to provide a handbook that is reliable, easy to consult, and suitable for students of certain literary tastes.

T.H. Irwin’s stimulating commentary on John Rawls anticipates but does not make “the subset objection to Rawls.” This term of mine is potentially misleading, but Irwin’s commentary is more so: I argue that relevant parts involve dubious commitments.

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.

In this paper, I present a problem for regarding the reflective equilibrium and original position methods as consistent. I do not prove that there is an inconsistency, but there is a puzzle of how the two methods can be made consistent. The concern about inconsistency is because the former method allows for a kind of historical bias, as noted by T.H. Irwin, whereas the latter method seeks to guard against historical bias.

H.L.A. Hart objects to John Rawls’s liberty principle by drawing attention to how our legal system accepts the restriction of liberty to protect against other harms than liberty-deprivation, such as by laws against slander, libel, and publications which grossly infringe privacy. What is the solution for John Rawls, faced with this criticism? One solution is, by the reflective equilibrium method, to justify abandoning the judgment that these actions are immoral.

T.H. Irwin characterizes the reflective equilibrium procedure as one which should not involve ruthless surgery, in a metaphorical sense. I argue that many people will find avoiding this difficult, because they do not conceive or go in for subtle options.

I identify what appears to be a "glaring" inconsistency between what Joseph Raz says on euthanasia in a 2012 lecture and what he says on well-being within his most celebrated book, The Morality of Freedom. There also appears to be a subtler inconsistency between what he says and his endorsement of H.L.A. Hart’s opposition to a definitional project.

There are other problems for John Rawls’s philosophy that can be extracted from Henry Sidgwick’s discussion of the priority of freedom, apart from the problem H.L.A. Hart focuses on. This paper considers one such problem – that it is an empirical issue whether a sane adult is better off more free, rather than something to be assumed – and presents one Rawlsian solution.

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.

In this paper, I begin with Joseph Raz’s remarks on H.L.A. Hart’s contribution to general philosophy, before proposing a counterexample to the is-ought gap.

In a book contribution responding to H.L.A. Hart and Tony Honoré, Judith Jarvis Thomson casts a certain analysis of causation in an attractive light, but says that it unfortunately faces two objections. I draw attention to another objection.

The following are the characteristics of a genus: 1. Those to which the same figure of predication applies are one in genus. (Met. , Δ, 1016b32-35) 2. Things that are one in genus are all one by analogy while things that are one by analogy are not all one in genus. (Met, Δ, 1016b35-1017a3) 3. A genus includes contraries. (Met., Δ, 1018a25-31) 4. All the intermediates are in the same genus as one another and as the things they stand between. (...) (Met., I, 1057a18-30; 1057b31-34) 5. Not every predicate is a genus of what it is predicated on; for this would equate a genus with one of its own species. (PsA., A, 22, 83b7-10) 6. The opposite of the genus should always be the genus of the opposite. (To., Δ, 4, ^125a27-29) 7. A genus divides the object from other things. (To., Z, 3, 140a^24) 8. None of unity and being is a genus. (Met., B, 998b22-27; Met., K, 1059b31-34; PsA., B, 7, 92b12-14) 9. There is no necessity or even no possibility that things that are the same specifically or generically should be numerically the same. (To., H, I, 152b30-) 10. To be called one due to having one genus is in a way similar to be one due to having the same matter. (Met., Δ, 1016a24-28) 11. The substance of a thing involves its genus, and thereby all the higher genera are predicated of the lower. (To., Z, 5, 143a^20- ) 12. Being falls immediately into genera. (Met., Γ, 1004a4-6) A. Characteristics of relations between genera The characteristics of relations between genera, the relations between genera and species excluded, are as follows: 1. Genus is not an element in the composition of things. (Met., I, 1057b20-22) 2. Things resulting from the same division of the same genus are simultaneous by nature. (Cat., 13, 15a3-4) 3. Processes of proof cannot pass from one genus to another. (PsA., A, 23, 84b14-18) 4. It is not necessary for subordinate genera to have different accounts. (To., I, 15, ^107a19-) E.g. when we say a raven is a bird, we also say it is a certain kind of animal. 5. It is necessary for genera that are not subordinate one to the other to have different accounts. (To., I, 15, ^107a27-30) E.g. whenever we call a thing an engine, we do not call it an animal, nor vice versa. 6. If one of the genera is predicated in what it is, all of them, both higher and lower than this one, if predicated at all of the species, will be predicated of it in what it is; so that what has been given as genus is also predicated in what it is. (To., Δ, 2, ^122a10) 7. The same object cannot occur in two genera of which neither contains the other. (To., Z, 139b32-140a2) 8. Those to which the same figure (σχῆμα) of predication applies, are the same in genus. (Met., Δ, 1016b32-35) 9. Attributes that inhere always in each several things can be divided to two groups: those that are wider in extent but not wider than its genus and those wider than its genus. (PsA., B, 13, 96a24-27) 10. The relation between A and B must be extendable in respect of all the genera of A. Thus, if A is double of B, it must also be in excess, the genus of double, to B. Aristotle accepts, however, that this may be objectable in some cases: while knowledge is called knowledge of an object of knowledge, it cannot be called a state and disposition (which is the genus of knowledge) of an object of knowledge. In fact, it is a state and disposition of the soul. (To., Δ, 4, 124b28-34) B. Characteristics of species The following are the characteristics of species: 1. Things are said to be other in species if they are of the same genus but are not subordinate the one to the other. (Met., Δ, 1018a38-b2; Met., I, 1057b35-37) 2. Contraries are other than one another in species. (Met., Δ, 1018b5-7; Met., I, 1058b26-) 3. It is not sufficient for a difference to be the basis of distinguishing species in a genus because it belongs to the genus in virtue of its nature as, e.g., the difference between men and women belongs to animal in virtue of its nature. It must also be a modification peculiar to the genus (οἰκεῖα πάθη τοῦ γένους) in the strongest sense. (Met., I, 1058a29-37) Thus, contraries which are in the formula (ἐν τῷ λόγῳ) make a difference in species, but those which are in the compound material thing do not make one as e.g. being male and female is a difference in matter. (Met., I, 1058a37-b23) 4. Some things are peculiar to the species as distinct from genus: there are attributes peculiar to each distinct species. (PrA., A, 27, 43b27-29) 5. There is no necessity or even no possibility that things that are the same specifically should be the same numerically. (To., H, I, 155b30-) C. Characteristics of relations between genera and species The following are the characteristics of relations between genera and their species: 1. Although species predicated of individuals seem to be principles rather than the genera, it is hard to say, Aristotle asserts, in what sense species are to be taken as principles. (Met., B, 999a14-21) 2. Things that are one in species are all one in genus, while things that are one in genus are not all one in species. (Met., Δ, 1016b35a1) 3. The relation of a species to its genus is like the relation of primary substance to all others: the species is a subject for the genus (ὑπόκειται γὰρ τὸ εἴδος τῷ γένει) and the genera are predicated of the species but the species are not predicated of them. (Cat., 5, 2b17-22) 4. Of the species themselves- those which are not genera- one is no more a substance than another: a certain horse is no more a substance than another horse. (Cat., 5, 2b22-26) 5. Genera are prior to species since they do not reciprocate as to implication of existence (κατὰ τὴν τοῦ εἶναι ἀκολούθησιν). For example, if there is a fish there is an animal, but if there is an animal there is not necessarily a fish. (Cat., 13, 15a4-7) 6. What belongs both to a species and to its genus, it belongs to the species more properly indeed than to the genus. (PrA., A, 27, 43b29-32) 7. A predicate drawn from the genus is never ascribed to the species in a derived form and as its genus. Thus, e.g. coloured cannot be a genus of ‘white’ when we say ‘white is coloured.’ (To., B, I, ^109b1-5) 8. Genera are predicated of their species synonymously because the species take on both the name and the account of their genera. (To., B, I, ^109b3-6) 9. All the attributes that belong to the species belong to the genus as well but there is no necessity that all the attributes that belong to the genus should belong also to the species. (To., B, 4, 111a20-32) 10. Those things of which the genus is predicated must also of necessity have one of its species predicated of them. (To., B, 4, 111a33-) 11. The higher genus should be predicated of the species in what it is. (To., Δ, 2, ^122a6) 12. The species, or any of the things which are under the species, is not predicated of the genus because the genus is the term with the widest range of all. (To., Z, 6, 144a27f.) 13. The same species cannot be in two genera neither of which contains the other. (To., Z, 6, 144b14f.) 14. None of the species of a genus is prior or posterior to other species but they are thought to be simultaneous by nature. (Cat., 13, 14b38-15a1) 15. Daniel W. Graham points that sometimes Aristotle speaks of species as classes (Cat., 5, 2a14-17) and sometimes as properties or a certain character (ποιόν τι) of substances, which is difficult to be distinguished from the category of quality. (Cat., 3b13-22) D. Characteristics of differentia 1. The last differentia will be the substance, the definition and the form of the thing. (Met., Z, 1038a18-28) 2. If we divide according to accidental qualities, there will be as many differentiae as there are processes of division. (Met., Z, 1038a25-28) 3. The differentia divides the object from any of the things contained in the same genus. (To., Z, 3, 140a24-) 4. A. C. Lloyd argues that Aristotle’s logic of classification contains a vicious circle because: ‘For a genus to be predicated unequivocally and essentially of a species the specific differentiae have to be ‘appropriate’; but in order to know whether a proposed differentia is appropriate we have to know whether the genus is predicable essentially of the species thus defined.’ The predication of differentia on primary substance seems to make difficulties in Aristotle’s system, as Terence Irwin points out. It seems to violate the distinction of strong predication and inherence, a distinction between predication of count-nouns and predication of characterizing adjectives. Irwin says that this violation is only apparent because although the differentia-term is an adjective, its gender agrees with the gender of the understood genus-term and not with that of the subject term. ‘Man is biped’ is indeed ‘Man is a biped animal.’ This shows, Irwin asserts, ‘why Aristotle can still mention that strong predication is nominal and inherence is adjectival.’ Differentiae are not, however, secondary substances, as Aristotle himself insists. A differentia does not say what the thing is, as secondary substances do, but only what it is like or what sort it is. (ποιον: To., 122b12-17; 128a20-29; 139a28-31; 142b25-29) Nonetheless, differentiae are not qualities because they are not inherent. Thus, they cannot be regarded in any of the ten categories. Irwin thinks that this anomaly is unnecessary because Aristotle could give good reasons for taking differentiae to be second substances. E. Characteristics of relations between differentia and genera or species 1. It is not possible for the genus to be predicated of the differentia taken apart from the species. (Met., B, 998b23-25; Met., K, 1059b31-33; To., VI, 6, 144a32-b1) 2. It is not possible for the species of the genus to be predicated of the proper differentiae of the genus. (Met., B, 998b24-26) 3. Where the differentia is present, the genus accompanies it, but where the genus is, the differentia is not always present. (Met., Δ, 1014b12-14) 4. The number of species are equal to the number of differentiae. (Met., Z, 1038a15-18) 5. The differentiae of genera which are different and not subordinate one to the other are themselves different in kind. (Cat., 3, 1b16-20; To., I, 15, ^107b19-) 6. There is nothing to prevent genera subordinate one to the other from having the same differentia. (Cat., 3, 1b20-22) 7. Since the higher genera are predicated of the genera below them, all differentiae of the predicated genus will be differentia of the subject also. (Cat., 3, 1b21-24) 8. The definition of the differentia is predicated of that of which the differentia is said. (Cat., 5, 3a25-28) 9. In giving what a thing is it is more fitting to state the genus than the differentia. For example, anyone who says that man is an animal shows what man is better than who describes him as terrestrial. (To., Δ, 6, ^128a24-27) 10. The differentia always signifies a quality of the genus, but the genus does not do this of the differentia. (To., Δ, 6, 128a27-29; To., Z, 6, 144a20-23) 11. A specific differentia, along with the genus, always makes a species. (To., Z, 6, 143b^1-) 12. A genus is always divided by the differentiae that are co-ordinate with it in a division and the differentiae that are co-ordinate in a division are all true of the genus. (To., Z, 6, 143b^1-) 13. Differentia cannot be predicated of the genus because genus is the term with the wider range. (To., Z, 6, 144a27-) In fact, genus is predicated, not of the differentia, but of the object of which the differentia is predicated. (To., Z, 6, 144a^31-b3) 14. Neither species nor the objects under it can be predicated of the differentia because the differentia is a term with a wider range than the species. (To., Z, 6, 144b4-) 15. The differentia is posterior to genus but prior to the species. (To., Z, 6, 144b^9-) 16. The same differentia cannot be used of two genera neither of which contains the other and if they do not both fall under the same genus. Otherwise, the same species will be in two genera neither of which contains the other, which is impossible. (To., Z, 6, 144b14-) 17. Genus and differentia are prior to and more familiar than the species: ‘For annul the genus and the differentia; and the species too is annulled, so that they are prior to the species. They are also more familiar; for if the species is known, the genus and differentia must of necessity be known as well (for anyone who knows what a man is knows also what animal and terrestrial are), whereas if the genus or the differentia is known it does not follow of necessity that the species is known as well; thus the species is less intelligible.’ (To., Z, 4, 141b15-) F. Characteristics of relations in series of classes 1. Mutually exclusive series. If no term in the series ACD… is predicable of any term in the series BEF…, and if G- a term in the former series- is the genus of A, clearly G will not be the genus of B; since, if it were, the series would not be mutually exclusive. (PsA., A, 15, 79b6-11) 2. Atomic disconnection of series. Of two mutually exclusive series ACD and BEF, if neither A nor B has a genus and A does not inhere in B, this disconnection must be atomic. (PsA., A, 15, 79b6-14) G. Characteristics of relations of individuals 1. No individual in a species is more substance than another individual in another species. (Cat., 5, 2b26-28) An individual man, for instance, is no more a substance than an individual ox. 2. Each attribute is wider than every individual it is predicated on, though several attributes, collectively considered, might not be wider but exactly the substance of a thing. (PsA., B, 13, 96a32-b1) 3. Not distinguishing between class membership and class inclusion? Some commentators like Vlastos and Ackrill (1963, 76) criticized Aristotle because he, they believe, did not distinguish between class membership (between species and particulars) and class inclusion (between genera and their species). Having accepted this point, Daniel W. Graham believes it is ‘question-begging in a curious way.’ Phil Corkum thinks that Aristotle employs mereological notions. (This criticism seems so strange because all the Aristotle’s point in distinguishing species 2 from genera is strictly the distinction of class membership and class inclusion as they call them so. (shrink)

This document gathers together, in summary form, objections scattered across many papers and multiple online databases. Nevertheless, it omits some objections, notably complicated ones.

The view that phenomenally conscious robots are on the horizon often rests on a certain philosophical view about consciousness, one we call “nomological behaviorism.” The view entails that, as a matter of nomological necessity, if a robot had exactly the same patterns of dispositions to peripheral behavior as a phenomenally conscious being, then the robot would be phenomenally conscious; indeed it would have all and only the states of phenomenal consciousness that the phenomenally conscious being in question has. We experimentally (...) investigate whether the folk think that certain (hypothetical) robots made of silicon and steel would have the same conscious states as certain familiar biological beings with the same patterns of dispositions to peripheral behavior as the robots. Our findings provide evidence that the folk largely reject the view that silicon-based robots would have the sensations that they, the folk, attribute to the biological beings in question. (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.

Accounts of the concepts of function and dysfunction have not adequately explained what factors determine the line between low‐normal function and dysfunction. I call the challenge of doing so the line‐drawing problem. Previous approaches emphasize facts involving the action of natural selection (Wakefield 1992a, 1999a, 1999b) or the statistical distribution of levels of functioning in the current population (Boorse 1977, 1997). I point out limitations of these two approaches and present a solution to the line‐drawing problem that builds on the (...) second one. (shrink)

The paper looks at the semantics and ontology of dispositions in the light of recent work on the subject. Objections to the simple conditionals apparently entailed by disposition statements are met by replacing them with so-called 'reduction sentences' and some implications of this are explored. The usual distinction between categorical and dispositional properties is criticised and the relation between dispositions and their bases examined. Applying this discussion to two typical cases leads to the conclusion that fragility is not a real (...) property and that, while both temperature and its bases are, this does not generate any problem of overdetermination. (shrink)

Computer and information ethics, as well as other fields of applied ethics, need ethical theories which coherently unify deontological and consequentialist aspects of ethical analysis. The proposed theory of just consequentialism emphasizes consequences of policies within the constraints of justice. This makes just consequentialism a practical and theoretically sound approach to ethical problems of computer and information ethics.

"Modern History" versions of the etiological theory claim that in order for a trait X to have the proper function F, individuals with X must have been recently favored by natural selection for doing F (Godfrey-Smith 1994; Griffiths 1992, 1993). For many traits with prototypical proper functions, however, such recent selection may not have occurred: traits may have been maintained due to lack of variation or due to selection for other effects. I examine this flaw in Modern History accounts and (...) offer an alternative etiological theory, the Continuing Usefulness account, which appears to avoid such problems. (shrink)

There have been times in the history of ethical theory, especially in this century, when moral realism was down, but it was never out. The appeal of this doctrine for many moral philosophers is apparently so strong that there are always supporters in its corner who seek to resuscitate the view. The attraction is obvious: moral realism purports to provide a precious philosophical good, viz., objectivity and all that this involves, including right answers to (most) moral questions, and the possibility (...) of knowing those answers. In the last decade, moral realism has re-entered the philosophical ring in powerful-looking naturalistic form. ln this paper we provide a dialectical overview: we situate the new wave position itself, and also our objections to it, in the context of the evolving program of philosophical naturalism in 20th century analytic philosophy. We seek to show that although this new contender might initially look like championship material, it succumbs to punches surprisingly similar to those that knocked out the old-fashioned versions of naturalist moral realism. (shrink)

Even with the very best intentions , Western culture’s approach to wilderness and wildness, the otherness of nature, tends to be one of imperialistic domination and appropriation. Nevertheless, in spite of Western culture’s attempt to gain total control over nature by imprisoning wildness in wilderness areas, which are meant to be merely controlled “simulations” of wildness, a real wildness, a real otherness, can still be found in wilderness reserves . This wildness can serve as the literal ground for the subversion (...) of the imperium, and consequently as the basis for the practical establishment of and residence in what WendeII Berry has called the “landscape of harmony.” Here all land becomes wild sacred space that humans consciously come to reinhabit. In this subversive potential lies the most fundamental justification for the legal establishment of wilderness reserves. (shrink)

The biological sciences study (bio)complex living systems. Research directed at the mechanistic explanation of the "live" state truly requires a pluralist research program, i.e. BioComplexity research. The program should apply multiple intra-level and inter-level theories and methodologies. We substantiate this thesis with analysis of BioComplexity: metabolic and modular control analysis of metabolic pathways, emergence of oscillations, and the analysis of the functioning of glycolysis.

The author argues that Plato’s “proof” that happiness follows justice has a fatal flaw – because the philosopher king in Plato’s Republic is itself a counter example.

For Berkeley, minds are not Cartesian spiritual substances because they cannot be said to exist (even if only conceptually) abstracted from their activities. Similarly, Berkeley's notion of mind differs from Locke's in that, for Berkeley, minds are not abstract substrata in which ideas inhere. Instead, Berkeley redefines what it means for the mind to be a substance in a way consistent with the Stoic logic of 17th century Ramists on which Leibniz and Jonathan Edwards draw. This view of mind, I (...) conclude, is definitely not the bundle theory that some critics have portrayed it as being. (shrink)

Do the laws of nature supervene on ordinary, non-nomic matters of fact? Lange's criticism of Humean supervenience (HS) plays a key role in his account of natural laws. Though we are sympathetic to his account, we remain unconvinced by his criticism. We focus on his thought experiment involving a world containing nothing but a lone proton and argue that it does not cast sufficient doubt on HS. In addition, we express some concern about locating the lawmakers in an ontology of (...) primitive subjunctive facts and suggest that a 'mixed' metaphysics to the lawmaker question might be attractive. (shrink)

Berkeley's doctrines about mind, the language of nature, substance, minima sensibilia, notions, abstract ideas, inference, and freedom appropriate principles developed by the 16th-century logician Peter Ramus and his 17th-century followers (e.g., Alexander Richardson, William Ames, John Milton). Even though Berkeley expresses himself in Cartesian or Lockean terms, he relies on a Ramist way of thinking that is not a form of mere rhetoric or pedagogy but a logic and ontology grounded in Stoicism. This article summarizes the central features of Ramism, (...) indicates how Berkeley adapts Ramist concepts and strategies, and chronicles Ramism's pervasiveness in Berkeley's education, especially at Trinity College Dublin. (shrink)

Political philosophers sometimes write of liberal democracies, but which societies, if any, are liberal democracies? John Rawls says that in the public political culture of a liberal democracy, we find the principle that this society should be a fair system of cooperation between free and equal individuals. In this paper, I draw attention to how, if we grant Rawls’s definition, a society can easily be mistaken for a liberal democracy when it is not. I then argue that Andrew March, Gabrielle (...) Badano and Alasia Nuti have not given sufficient evidence for treating various European societies as Rawlsian liberal democracies. (shrink)

With the growing focus on prevention in medicine, studies of how to describe risk have become increasing important. Recently, some researchers have argued against giving patients “comparative risk information,” such as data about whether their baseline risk of developing a particular disease is above or below average. The concern is that giving patients this information will interfere with their consideration of more relevant data, such as the specific chance of getting the disease (the “personal risk”), the risk reduction the treatment (...) provides, and any possible side effects. I explore this view and the theories of rationality that ground it, and I argue instead that comparative risk information can play a positive role in decision-making. The criticism of disclosing this sort of information to patients, I conclude, rests on a mistakenly narrow account of the goals of prevention and the nature of rational choice in medicine. (shrink)

Philosophers and logicians talk of arguments for conclusions. In a recent paper, Jeffrey Goodman identifies a common way of thinking about what an argument is. I propose a definition that is quite different to this common way. I also make two objections to Goodman’s proposed definition.

Berkeley's immaterialism has more in common with views developed by Henry More, the mathematician Joseph Raphson, John Toland, and Jonathan Edwards than those of thinkers with whom he is commonly associated (e.g., Malebranche and Locke). The key for recognizing their similarities lies in appreciating how they understand St. Paul's remark that in God "we live and move and have our being" as an invitation to think to God as the space of discourse in which minds and ideas are identified. This (...) way of speaking about God, adapted by Karl Barth and Paul Tillich, opens up new ways to think about the relation between God and finite minds. (shrink)

According to a familiar reading of Kant, he denies the possibility alleged by the rationalists of our having non-sensible or intellectual intuition. I argue in this article that he simply holds the possibility to be groundless. To put the contrast in terms of a distinction Kant makes in the A-Paralogisms, he raises a “dogmatic” objection to the rationalists in the former case, and a “critical” one in the latter. By analyzing the two-step argument in the B-Deduction, I defend the “critical” (...) reading, which may, I hope, shed light on how Kant can justify his claim – which may be regarded as a second-order, methodological one pivotal to his Critical project – that possible experience serves as the only guideline for proving that we can cognize objects a priori. (shrink)

This paper delves into the nature of intellectual property rights in aesthetic creations, particularly works of visual art and literary works. The discussion focuses on copyrights interests, but there are also implications for trademark and patent rights. The argument assumes a fairly conventional definition of "property," namely, the set of legal relations between the owner and all other persons relating to the use, enjoyment and disposition of a tangible thing. The problem with such a definition as applied to aesthetic creations (...) is that no ordinary tangible thing necessarily embodies a creation which can exist in multiple copies, so the paper takes the transcendent view that the tangible thing subject to legal relations is the entire terra firma or material universe being shaped in the image, sounds or words of the aesthetic creation. Therefore, the paradigm suggested for intellectual property is a monopoly on shaping the entire physical universe, thus the Worldmaking concept. It then follows that intellectual property in an aesthetic creation enables the owner to stop plagiarists from using any part of the material world to recreate in the audience the imaginative experiences first created by the protected work. (shrink)

State of nature theories have a long history and play a lively role in contemporary work. Theories of this kind share certain nontrivial commitments. Among these are commitments to inclusion of a Lockean proviso among the principles of justice and to an assumption of invariance of political principles across changes of circumstances. In this article I want to look at those two commitments and bring to light what I believe are some important difficulties they engender. For nonpattern state of nature (...) theories, the justness of a society is marked by the conformance of the society to procedural principles. Distributions of resources and the like have no particular import for questions of justice. Whatever may later result, so long as it came about in accordance with the rules determined by the principles of justice, is itself just. The Lockean proviso is one of the principles of justice governing property and other rights of nonpattern theories of justice. The proviso hangs as a "shadow" over the results of the operation of the other (usual) principles of justice. It is intended to remedy a complaint which arises when the positions of those no longer at liberty to use some resource are worsened (1) by no longer being able to use freely what they previously were free to use and (2) in such a way that they fall below a "baseline." Following Locke, a traditional formulation of the proviso is to allow acquisition just so long as there is "enough and as good" left over for others. Section I concerns the relation of the Lockean proviso to pattern and nonpattern principles of justice, demonstrating that a Lockean proviso turns a nonpattern into a pattern theory of justice. Section II is about the relation of the Lockean proviso to the ideas revealed by an examination of a state of nature, suggesting reasons to reject ideal theories of justice. (shrink)

In fragment B 18 (DK) Xenophanes asserts that ‘Not from the outset did the gods reveal all things to mortals’ but that ‘in time, as they seek, men discover better.’ The remark has been understood in different ways but is usually read as a rejection of the view of the gods as the givers of all good things and an expression of faith in the capacity of human beings to make progress through their own efforts. I argue that the ‘hymn (...) to progress’ reading of B 18 is unjustified by any other aspect of Xenophanes’ thought and at odds with his generally dour view of the intelligence and character of his fellow citizens. A detailed analysis of the fragment supports the view that Xenophanes is here rejecting belief in divine revelation through natural signs and affirming the value of historiê or inquiry in the form of travel and direct observation. (shrink)

A critical analysis of Alfred Schuetz' conception of rationality based upon Edmund Husserl's phenomenology.

Conclusion: The present results support adequate psychometric properties in terms of factorial validity, reliability, convergent validity, and measurement invariance for the PHQ-4 in young adults in Hong Kong. The PHQ-4 demonstrated a substantial mediating role in the relationship between meaning in life and SI in the distress group. These findings support clinical relevance for using the PHQ-4 as a brief and valid measure of psychological distress in the Chinese context.

Fragment B 1 of Parmenides describes a youth’s journey to the house of a goddess who enlightens him as to the nature of all things. The task of translating Parmenides’ Greek text is beset with many difficulties, most notably the phrase kata pant’ atê at B 1.3. There, the neuter accusative plural panta (‘all things’) combines with the feminine nominative singular atê (‘heaven sent blindness’) to render translation impossible. Some have proposed emending the text to read astê (‘down to all (...) cities’), understood in connection with the pathway of divine inspiration. Others reject the emendation in so far as the youth is said at B 1.27 to travel ‘far from the beaten path of men.’ I argue in defense of the reading kata pant’ a<s>tê in so far as references to pathways of inspiration and poetic journeys to the cities of men occur frequently in the poetry of Parmenides’ era. (shrink)

In her paper ‘An Awkward Relationship: the Case of Feminism and Anthropology’, Marilyn Strathern argues that feminist research cannot produce a paradigm shift in social anthropology. I reconstruct her arguments and evaluate them, revealing that they are insufficient for ruling out this possibility.

A brief examination of the self-negating quality of the precautionary principle within the context of environmental ethics, and its consequent failure, as an ethical guide, to justify large-scale regulation of atmospheric cabon dioxide emissions.

This essay considers the nature of duties incumbent on legislators in virtue of the office itself. I argue that there is no duty for a legislator to enact a criminal law based on morality; there is no duty to incorporate substantive moral conditions into the criminal law; and there is therefore no duty derivable from the nature of the legislative office itself to make conditions of culpability depend on those of moral responsibility. Finally, I argue that the relation between morality (...) and the criminal law is therefore much less direct than assumed in most theories of the criminal law. (shrink)

This paper evaluates an argument for the conclusion that in order to produce a viable objection to a particular error theory, the objection must not be applicable to any error theory. The reason given for this conclusion is that error theories about some discourses are uncontroversial. But the examples given of uncontroversial error theories are not good ones, nor do there appear to be other examples available.

Genetic explanations of religious belief, such as Freud’s analysis of theism as ‘a neurotic relic’, pose a problem for theists: how far do such explanations establish the irrationality of religious belief? I argue that genetic analyses of belief suffer from a number of limitations. Showing that some reason-irrelevant factor or factors were sufficient to produce conviction on some occasion would not establish that they were necessary in every case of religious conviction. Showing that reason-irrelevant factors were both necessary and sufficient (...) to produce conviction would not establish that reason-relevant factors were entirely absent. And showing that reason-relevant factors played no role in the adoption of the belief would not establish that they were absent in its continued retention. I conclude that we will profitably investigate the plausibility of religious beliefs by attending to the reasons that can be given for or against them rather than by speculating about their causes. (shrink)