In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting (...) universal admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

In this study, screening positive for probable depression was common among undergraduate students at the University of the Witwatersrand, Johannesburg, South Africa and associated with sociodemographic and selected behavioral factors. These findings call for strengthening the awareness and use of counselling services among undergraduate students.

H. L. A. Hart’s (1907-1992) influence on contemporary philosophy is not restricted to the philosophy of law. As the book’s sub-title suggests and the table of contents confirm, he wrote widely on matters social, political and moral, not just legal. Probably best known for The Concept of Law (1961), Hart also authored a collection of essays on Jeremy Bentham (Essays on Bentham,1982), two books on the morality of criminal law based on his exchange with Lord Patrick Devlin (Law, Liberty (...) and Morality, 1963) and The Morality of the Criminal Law, 1965), one on punishment (Punishment and Responsibility, 1968), a treatise as well as a collection of essays on jurisprudential theory (Definition and Theory in Jurisprudence, 1953, and Essays in Jurisprudence and Philosophy, 1983), and finally a volume on legal causation, co-authored with Tony Honoré (Causation in the Law, 1959). The book under review here, on Hart’s legacy, is divided into six sections: the first is devoted to Hart’s general jurisprudential theory; the second to his writings on criminal law; the third to legal causation; the fourth to concerns of justice; the fifth to legal, political and moral rights; and the sixth and final section to matters of toleration and liberalism. (shrink)

Did Plato intend the laws of the Laws to change? While most scholars agree that there is to be legal change in Magnesia, I contend that this issue has been clouded by confusing three distinct questions: (1) whether there are legal mechanisms for changing the law in Magnesia, (2) what the attitudes of Magnesian citizens towards innovation and legal change are, and (3) whether Plato thinks the law is always the ultimate political authority. Once we separate these issues and look (...) at the relevant texts more closely, we see that the Athenian Visitor is primarily concerned with supplementing the original lawgiver’s laws and that any innovation that occurs should be consistent with this lawcode. This does not settle the question about whether it is always right to act in accordance with the existing laws, though it does provide a valuable framework for understanding a central aspect of Platonic political philosophy. Thus, although Plato’s ideal places knowledge above the law, in practice the laws of Magnesia will be fixed and authoritative for those people living under them. (shrink)

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

We offer a general framework for theorizing about the structure of knowledge and belief in terms of the comparative normality of situations compatible with one’s evidence. The guiding idea is that, if a possibility is sufficiently less normal than one’s actual situation, then one can know that that possibility does not obtain. This explains how people can have inductive knowledge that goes beyond what is strictly entailed by their evidence. We motivate the framework by showing how it illuminates knowledge about (...) the future, knowledge of lawful regularities, knowledge about parameters measured using imperfect instruments, the connection between knowledge, belief, and probability, and the dynamics of knowledge and belief in response to new evidence. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the judgment of (...) an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

Commentators have often been puzzled by the structure of the _Symposium_; in particular, it is unclear what the relationship is between Socrates’ speech and that of the other symposiasts. This chapter seeks to make a contribution to that debate by highlighting parallels between the first four speeches of the _Symposium_ and the goals of the early education in the Republic. In both dialogues, I contend, we see Plato concerned with educating people through (a) activating and cultivating spirited motivations, (b) becoming (...) lawful and taking virtue as a goal, (c) harmonizing the opposing forces in their soul, and (d) minimizing the appetites and making them orderly. While these are familiar points from the moral education of the Republic, I argue that they also map onto the first four speeches of the _Symposium_ respectively. Because in the _Republic_ this moral education is necessary to make progress on the epistemic ascent, we can speculate that there is a similar point to be made in the _Symposium_ – without first training our character adequately, we will not be able to climb the ladder of love. While the positive effects of Eros described in the early speeches of the _Symposium_ are only imitations of the ideal education regime of Kallipolis, they nevertheless improve one’s character in such a way that better prepares the soul for philosophy. Finally, I argue that the importance of this moral education is dramatized at the end of the _Symposium_ through Agathon’s amicable refutation by Socrates on the one hand, and the drunken entrance of Alcibiades on the other. Agathon shows potential for philosophy whereas Alcibiades is the exemplar of what happens when somebody comes to philosophy without a harmonized soul. (shrink)

Most people who defend physician-assisted death (PAD) endorse the Joint View, which holds that two conditions—autonomy and welfare—must be satisfied for PAD to be justified. In this paper, we defend an Autonomy Only view. We argue that the welfare condition is either otiose on the most plausible account of the autonomy condition, or else is implausibly restrictive, particularly once we account for the broad range of reasons patients cite for desiring PAD, such as “tired of life” cases. Moreover, many of (...) the common objections to an Autonomy Only view fail once we understand the extent of the autonomy condition’s requirements—in particular, the importance of one’s values for autonomous choices. If our view is correct, then the scope of permissible PAD is broader than is currently accepted in both the philosophical literature and the law, and therefore poses an important challenge to this widely accepted view on justified PAD. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

We show that, contrary to conventional wisdom, Frege’s distinction between sense and reference does not reconcile a classical logic of identity with apparent counterexamples to it involving proper names embedded under propositional attitude verbs.

When people now talk about a relationship as being “Platonic”, they mean that the relationship is a non-sexual friendship. But what did Plato himself say about different kinds of relationship, and how did his name come to be associated with non-sexual relationships? While Plato’s Symposium has been the center of attention for his views on love, I argue that the Phaedrus and Laws VIII provide a much clearer account of Plato’s views. In these dialogues, Plato distinguishes between two kinds of (...) love and three kinds of lover. The two kinds of love are fundamentally oriented towards different objects: one kind of love is focused on the body of the beloved and seeks to extract as much bodily pleasure from them as possible, whereas the other kind of love is focused on the soul and seeks to benefit the beloved by improving their character. There is a lover for each kind of love, and a third kind of lover who is torn between these two opposing objects of love. Notably, in the kind of love directed towards the soul, the lovers will not engage in sexual activity. I argue that this is because Plato thinks that the natural function of sex is the procreation of good children and that engaging in such an intensely pleasurable activity risks making the lovers intemperate and lacking in self-control. Thus Plato thinks that the best kind of relationship is one of love (and not just friendship) but is nonetheless non-sexual. (shrink)

Scholars have wrestled with "consciousness", a major scholar calling it the "hard problem". Some thirty-plus years after the Towards a Science of Consciousness, we do not seem to be any closer to an answer to "What is consciousness?". Seemingly irresolvable metaphysical problems are addressed by bootstrapping, provisional assumptions, not unlike those used by logicians and mathematicians. I bootstrap with the same ontology and epistemology applicable to everything we apprehend. Here, I argue for a version of the unity of opposites, a (...) form of neutral monism. Something exists because of what it is not; nothing can exist by itself, singularities (analogous to monads), expressing the model. Applying this most fundamental law to the consciousness problem, the physical (movement) comes into being simultaneously as the mental (stasis), each displayed by a field that is variegated (ranging from creative to entropic processes). Such is in keeping with how the singularity emerged as our universe, the same form that may account for sub-Planck-scale phenomena. Overall, like the most fundamental law, deep structures are imminent in our universe, both as objects and processes. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist Vandana (...) Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

Differential privacy (DP) aims to confer data processing systems with inherent privacy guarantees, offering strong protections for personal data. But DP’s approach to privacy carries with it certain assumptions about how mathematical abstractions will be translated into real-world systems, which—if left unexamined and unrealized in practice—could function to shield data collectors from liability and criticism, rather than substantively protect data subjects from privacy harms. This article investigates these assumptions and discusses their implications for using DP to govern data-driven systems. In (...) Parts 1 and 2, we introduce DP as, on one hand, a mathematical framework and, on the other hand, a kind of real-world sociotechnical system, using a hypothetical case study to illustrate how the two can diverge. In Parts 3 and 4, we discuss the way DP frames privacy loss, data processing interventions, and data subject participation, arguing it could exacerbate existing problems in privacy regulation. In part 5, we conclude with a discussion of DP’s potential interactions with the endogeneity of privacy law, and we propose principles for best governing DP systems. In making such assumptions and their consequences explicit, we hope to help DP succeed at realizing its promise for better substantive privacy protections. (shrink)

The deductive nomological (DN) model has been the basis for discussions about scientific explanations for decades. The overcoming of the logical empiricist program together with the raise of several counter-examples to the DN model have progressively led to a renewal of the reflections on this topic. The first step of this paper is to clarify the framework in which the epistemological question of scientific explanation is adressed. We make a proposal for a universal structure of scientific models, which constitute the (...) basic epistemic unit of our analysis. It is then possible, within this framework, to clarify some discussions about scientific explanation, and to offer a new account of it. The latter tries to benefit from the advantages of the DN model, as resting on a law, together with neutralizing some of its typical criticisms. The work presented here is both abstract, exhibiting formal structures as general patterns of explanation, and concrete with real examples taken from actual scientific disciplines. (shrink)

In this article, I attempt to provide a complete and exhaustive list of all of the offices and major political roles proposed within the constitution of Magnesia, detailing the title of the office, number of offices, method of appointment, age or gender restrictions, length of term, and explicit responsibilities assigned to that office. This tabulation is intended to be useful for new readers of the Laws and to scholars of various methodological approaches interested in the political arrangements of Magnesia.

This book offers a distinctive treatment of Hayek's ideas as a "research program". It presents a detailed account of aspects of Hayek's intellectual development and of problems that arise within his work, and then offers some broad suggestions as to ways in which the program initiated in his work might be developed further. The book discusses how Popper and Lakatos' ideas about "research programs" might be applied within political theory. There then follows a distinctive presentation of Hayek's intellectual development up (...) to The Road to Serfdom, together with critical engagement with his later ideas. The discussion draws on a full range of his writings, makes use of some neglected earlier work on social theory and law, and also draws on archival material. This book should appeal to anyone with an interest in Hayek's work, as well as to those with a concern for twentieth century intellectual history. (shrink)

In order to graduate, Florida's high school students by law must learn that Communism is evil, dangerous, and fallacious. All students must learn that the U.S. produces the highest standard of living and more freedom than any other economic system on earth. State universities in Florida are creating a curriculum to implement the Americanism versus Communism Act of 1961 and the Free Enterprise and Consumer Education Act of 1975. ;The Florida Department of Education says that ideology, noncritical thinking, is superior (...) to critical thinking and that the superiority of the U.S. political economy and the dignity of the individual rest in part on peoples' being able to express themselves freely. ;Florida's A.V.C. and F.E.C.E.A. proponents have a special way of convincing audiences that they will develop loyalty while at the same time imposing a set of ideas not open to question. ;This work argues that, intentionally or not, Florida's legislature and Department of Education have set up an official ideology and the mechanism to purvey it. This ideological approach defeats the aim of comparing systems objectively. While the stated aim is to promote critical thinking, the D.O.E.'s special philosophy underscoring words like "democracy" results in indoctrinating students with a questionable description of the U.S. system. (shrink)

Hybrid languages are introduced in order to evaluate the strength of “minimal” mereologies with relatively strong frame definability properties. Appealing to a robust form of nominalism, I claim that one investigated language \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {m}}$\end{document} is maximally acceptable for nominalistic mereology. In an extension \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {gem}}$\end{document} of \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {m}}$\end{document}, a modal analog (...) for the classical systems of Leonard and Goodman and Leśniewski is introduced and shown to be complete with respect to 0-deleted Boolean algebras. We characterize the formulas of first-order logic invariant for \documentclass[12pt]{minimal} \usepackage{amsmath} \usepackage{wasysym} \usepackage{amsfonts} \usepackage{amssymb} \usepackage{amsbsy} \usepackage{mathrsfs} \usepackage{upgreek} \setlength{\oddsidemargin}{-69pt} \begin{document}$\mathcal {H}_{\textsf {gem}}$\end{document}-bisimulations. (shrink)

Scholars have wrestled with "consciousness", one writer calling it the "hard problem". Some thirty-plus years after the Towards a Science of Consciousness, we do not seem to be any closer to an answer to "What is consciousness?". Seemingly irresolvable metaphysical problems are addressed by bootstrapping, provisional assumptions, not unlike those used by logicians and mathematicians. I bootstrap with the same ontology and epistemology applicable to everything we apprehend. Here, I argue for a version of the unity of opposites, a form (...) of neutral monism. Something exists because of what it is not; nothing can exist by itself, singularities (analogous to monads), expressing the relationship. Applying this most fundamental law to the consciousness problem, the physical (movement) comes into being simultaneously as the mental (stasis), each displayed by a field that is variegated (ranging from creative to entropic processes). Such is in keeping with how the singularity emerged as our universe, the same form that may account for sub-Planck-scale phenomena. Overall, like the most fundamental law, deep structures are imminent in our universe, both as objects and processes. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

Evidence for a Parmenidean influence on Plato’s Republic typically focuses on content from Bks. V-VI, and the development of Plato’s Theory of Forms. This essay aims to suggest that Plato’s censorship of poetic content in Bks. II-III—particularly the rules for portraying divine nature (376e-383c)—also draw heavily upon the Eleatic tradition, particularly Parmenides’s. Identifying this further Eleatic influence will be enhanced by my own reading of Parmenides. This reading advocates understanding Parmenides in a more Xenophanean-vein—i.e. by taking What-Is to be an (...) explication of the essential qualities of divine nature, and the overall poem as rejecting traditional, mythopoetic accounts of divinity. Recognizing this Eleatic influence on the censorship of poetic content, a tension arises. For Plato infamously censors poetic styles next, concluding that mimetic dialogue may only be rarely employed, and only then in imitation of virtuous persons and actions (392c-398b). This would entail banning all poetic works relying exclusively on mimetic dialogue. Yet, not only do Plato’s own dialogues entirely consist of mimetic dialogue, so does Parmenides’s proto-dialogue. Furthermore, by so closely imitating Parmenides’s thought and language in Republic, has not Plato himself engaged in a type of intellectual and compositional mίμησις? Just as it would be strange to ban the very dialogue (Republic) which outlines and justifies Kallipolis in the first place, it would also be troubling to ban a philosophical work (i.e. Parmenides’s poem) which Republic is so heavily indebted to. Such a ban would also seem strongly at odds with Plato’s general reverence for Parmenides. In an attempt to address these tensions, I suggest that in Republic II-III, Plato’s lack of concern for banning philosophical works along with mimetic poetry should further suggest that he intends the ban to be far narrower than it first appears: as a rejection of performative, rather than compositional, mίμησις. (shrink)

We have a much better understanding of physics than we do of consciousness. I consider ways in which intrinsically mental aspects of fundamental ontology might induce modifications of the known laws of physics, or whether they could be relevant to accounting for consciousness if no such modifications exist. I suggest that our current knowledge of physics should make us skeptical of hypothetical modifications of the known rules, and that without such modifications it’s hard to imagine how intrinsically mental aspects could (...) play a useful explanatory role. Draft version of a paper submitted to Journal of Consciousness Studies, special issue responding to Philip Goff’s Galileo’s Error: Foundations for a New Science of Consciousness. (shrink)

Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...) our contrary reasons and to leave open spaces or catch-all exceptions which we must use our own devices to fill. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (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)

Le présent travail s'inscrit à l'intersection de deux problèmes épistémologiques majeurs. D'une part, le problème de la démarcation scientifique, qui consiste à identifier ce qui distingue intrinsèquement un système (un énoncé, une théorie, ...) scientifique d'un système non scientifique ou pseudo-scientifique. D'autre part, le problème de l'unité épistémologique des sciences, qui consiste à se demander si toutes les disciplines à vocation scientifique peuvent être vues comme des instanciations d'une notion unique de la scientificité. Ces deux problèmes ont soulevé de nombreux (...) débats ayant mis en évidence un ensemble important de difficultés. Le terme « scientifique » désigne en effet des méthodes empiriques, des constructions théoriques et des pratiques de recherche si hétérogènes qu’il semble voué à l’échec d’en chercher une définition aisée à circonscrire. De plus, les objets des disciplines scientifiques sont eux-mêmes de natures très diverses, ce qui semble rendre pareillement caduque toute recherche d’un concept unique de science qui pourrait s’appliquer indépendamment de la discipline en question. Dans cette thèse, je me propose de prendre à contre-pied cet état de fait en soutenant la possibilité et la pertinence d'un modèle unitaire de la scientificité, tout en me restreignant à une approche épistémologique comparée entre les sciences physiques et les sciences sociales. Pour défendre mon propos, j’ai mobilisé deux types de réponses pouvant être opposées au constat présenté plus haut. D’une part, des réponses de principe, où j’examine et m’oppose à des arguments théoriques soutenant l’impossibilité ou en tout cas la difficulté de définir la scientificité en général, et la nécessité pour les sciences sociales de jouir d’une définition à part. D’autre part, je mobilise également des réponses par l’exemple. J’étudie alors plus en détail l’approche dite « analytique » en sociologie. Ce courant a cela d’intéressant pour mon propos qu’il ne semble pas nécessiter d’épistémologie alternative à celle ayant cours, par exemple, en physique ou en biologie, tout en prétendant bien produire des connaissances sur le monde social. Il s’agit donc d’un contre-exemple concret et manifeste de la thèse soutenant que la sociologie ne peut pas jouir du même type d’épistémologie que les autres disciplines. Plus concrètement, j’élabore un (méta-)modèle unitaire de la scientificité en me concentrant sur une unité d’analyse bien circonscrite : les modèles. Je distingue chez ses derniers, classiquement, deux composantes principales : une composante empirique, qui a pour vocation à identifier des régularités dans le réel auquel on a accès à travers des données, et une composante théorique, à visée explicative et classificatoire. Je propose alors de construire formellement un degré de scientificité global dans lequel se combinent la maximisation d’une certaine quantité d’information définie sur la composante empirique et un critère d’invariance structurelle défini sur la composante théorique. Ces diverses constructions, bien que formelles, permettent d’éclairer efficacement les questions épistémologiques que je me suis données au départ de mon travail, ce dernier ayant vocation à constituer une étape supplémentaire vers un modèle unitaire de la scientificité. (shrink)

I argue that an individual has aspects numerically identical with it and each other that nonetheless qualitatively differ from it and each other. This discernibility of identicals does not violate Leibniz's Law, however, which concerns only individuals and is silent about their aspects. They are not in its domain of quantification. To argue that there are aspects I will appeal to the internal conflicts of conscious beings. I do not mean to imply that aspects are confined to such cases, but (...) the best way to start is to recognize them experientially. We can feel the conflicts within ourselves. In doing so we can feel some of our aspects. I will try to enhance our understanding of the concept of aspect by listing and formalizing some principles for its use. After that I will argue that all sorts of individual things have aspects, not just people who are conflicted. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

Retributivists are often thought to give 'deontological' theories of punishment, arguing that we should punish not for the beneficial consequences of doing so such as deterrence or incapacitation, but purely because justice demands it. Kant is often regarded as the paradigmatic retributivist. In some passages Kant does appear to give a deontological theory of punishment. For example, Kant insists that on an island where all the people were to leave the next day, forever dissolving and dispersing the community, the last (...) murderer in jail would have to have his execution carried out before the diaspora--justice demands it. In other passages, however, Kant defends punishment by appealing to its beneficial consequences. For example, after supposing that one man on a life raft pushes the other off to save his own life, Kant says that the former man should not be legally punished "because that punishment would have to be death, and it would be an absurd law that threatened death to one who refuses to die voluntarily in a dangerous situation." In this passage Kant's reasoning is that state laws, by threatening us with sanctions, are intended to prevent us from violating rights--the point of these laws is to deter. A law that imposes a punishment that could not deter is an absurd law. I argue that while Kant rejects consequentialism in thinking about moral actions, he distinguishes law and morality, and in the sphere of law, an action we take is to be justified by appealing to the good it yields. The point of legal punishment is to deter violations of rights and protect us from a state of nature in which no one's freedom is assured. Kant's theory of legal (as opposed to moral) punishment is not deontological. Nevertheless we can characterize his consequentialist theory of legal punishment as retributive in some sense. The paper then considers how the passages about punishment in which Kant invokes consequentialist thinking can be reconciled with other passages where he insists on punishment regardless of the consequences. (shrink)

In their article, “Immigrant legalization: A Dilemma Between Justice and The Rule of Law,” Sarah Song and Irene Bloemraad address rule of law objections to policies that would regularize the status of undocumented immigrants in the United States. On their view, justice requires that liberal democratic states (i.e., states that are committed to individual liberty and universal equality) provide pathways for undocumented immigrants to regularize their status. We do not disagree with Song and Bloemraad’s account: rule of law and regularization (...) policies are not inconsistent, and in fact regularization supports rule of law, when properly understood. Our view is that there needs to be a deeper investigation into the motivations of “rule of law” objections considered in Song and Bloemraad’s account. We argue that the real purpose of these objections is not necessarily to serve as an alternative to the justice-based claims of undocumented immigrants, but as a way to undermine them. On our account, these rule of law objections accomplish this undermining task through the mechanisms of dog whistling, discrediting and distorting, and ostracizing. (shrink)

The phenomenal powers view claims that phenomenal properties metaphysically necessitate their effects in virtue of how they feel, and thereby constitute non-Humean causal powers. For example, pain necessitates that subjects who experience it try to avoid it in virtue of feeling bad. I argue for this view based on the inconceivability of certain phenomenal properties necessitating different effects than their actual ones, their ability to predict their effects without induction, and their ability to explain their effects without appeal to laws (...) or regularities. I also offer a harmony argument according to which the view offers the best explanation for otherwise seemingly fortunate psychophysical regularities. I then outline the view’s main implications for the metaphysics of causation and philosophy of mind. (shrink)

Based on a recently published essay by Jeremy Gwiazda, I argue that the possibility that the present state of the universe is the product of an actually infinite series of causally-ordered prior events is impossible in principle, and thus that a major criticism of the Secunda Via of St. Thomas is baseless after all.

The paper points out that the modern formulation of Bohm’s quantum theory known as Bohmian mechanics is committed only to particles’ positions and a law of motion. We explain how this view can avoid the open questions that the traditional view faces according to which Bohm’s theory is committed to a wave-function that is a physical entity over and above the particles, although it is defined on configuration space instead of three-dimensional space. We then enquire into the status of the (...) law of motion, elaborating on how the main philosophical options to ground a law of motion, namely Humeanism and dispositionalism, can be applied to Bohmian mechanics. In conclusion, we sketch out how these options apply to primitive ontology approaches to quantum mechanics in general. (shrink)

In this article, I explore two neglected works by the twentieth-century Jewish German Marxist philosopher Ernst Bloch, Avicenna and the Aristotelian Left and Natural Law and Human Dignity. Drawing on previous analyses of leftist Aristotelians and natural law, I blend Bloch’s two texts’ concepts of pregnant matter and maternal law into “pregnant materialist natural law.” More precisely, Aristotelian Left articulates a concept of matter as a dynamic, impersonal agential force, ever pregnant with possible forms delivered by artist-midwives, building Bloch’s messianic (...) utopia. And Natural Law resurrects the Stoics’ concept of natural law as drawing on a prehistoric matriarchal utopia, later channeled by earth goddess cults misconstrued by the nineteenth-century German anthropologist Johann Jakob Bachofen as political matriarchy. I then conclude by linking this pregnant materialist natural law to Dionysus as son of the Great Mother Goddess. Though stigmatized throughout homophobic Western history for his queerness and maternal dependence, Dionysus is also the patron god of Bloch’s hero, the slave revolutionary Spartacus, paramour of a priestess of Dionysus who prophesied his divine mission of liberation. (shrink)

In spite of his post-World War II works on international law, which seems more purely juridical, Hans Kelsen continues to put forward in his vast body of work an implicit – and sometimes even explicit – juridical objectivism and pacifism. Especially before and during the second World War he makes – by means of many moral-political writings – an effort for a more effective assurance of international peace. The fact that Kelsen regards the law as the pre-eminent means to achieve (...) the end of peace, is – in view of the tradition running from Hobbes to Kant – still not very innovating. But the primary and central role he assigns to the judiciary in order to guarantee international peace is on the other hand really original. To bring out Kelsen’s juridical objectivism and pacifism, I restrict myself in this article to his plea before and during the second World War for the judicial primacy in the international legal order. In that plea, which is spread over many writings and founded by several arguments, I distinguish however three main convincing arguments – namely an evolutionary, a technical and a moral-political argument – for the establishment of an international court with compulsory jurisdiction as the ‘guardian of international peace’. The fact that Kelsen’s original plea is still relevant to our times, is already evident from the post-World War II UN-system of peace-enforcement, which still functions little satisfactorily and of which the existing plans of reform go no further than strengthening the position of the Security Council, the current hardly effective ‘maintainer of world peace’. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Scott Shapiro’s theory that law is a social plan is helpful in seeing law essentially as a tool of human creation and as such is sympathetic to understanding law in terms of the social functions it performs, a method I argue for elsewhere. I focus here on two problems with the theory as presented. The planning theory does not adequately explain the persistence of law beyond the utility of those who implement it. Generally, plans can cease to exist as soon (...) as those engaged in them have no more use for them. Laws however, must usually be declared invalid or otherwise nullified for them to have no further effect. Shapiro’s use of self-certification to explain how law is differentiated from other forms of social planning is ad hoc and threatens circularity when he admits it to be a matter of degree. Both of these issues can be better solved by seeing law as an institutionalised abstract artefact, with a greater emphasis upon the nature of institutions doing much of the work done by the idea of planning. (shrink)

Tolerance is part of the self-definition of democratic societies, one of the major foundations underlying secular democracy’s sometimes unstated and always ambivalent claim to represent a higher form of civilisation. The transformation of tolerance from a type of indulgence to a type of virtue is explained in part by what it does. It helps to preserve peace in societies with a high level of ethnic and religious diversity, and it has also played an important part in eliminating the injustices that (...) religious and racial minorities suffered when Western societies were more homogenous. Historically, intolerance has extended in extreme cases to persecution, segregation, violence and mass-murder. In more “normal” situations it has usually meant denial of civil and political rights and unequal treatment at law. A fair and decent society is obliged to address this injustice, not least by state and judicial action against groups which refuse to respect the freedom and rights of other people. Problems arise, however, when even groups which respect the freedom and rights of others, such as the Christian churches, are accused of discrimination and treated as intolerant for observing legitimate distinctions; for properly exercising a preference; and for defending the rights of others. In these cases the concept of intolerance, understood as a refusal to respect the rights of others, has been extended to encompass something which is not a form of intolerance at all; namely, the right we all have to refuse to validate choices with which we disagree. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

Islamic Law & it's purpose to give directions to human life.

Several variants of Lewis's Best System Account of Lawhood have been proposed that avoid its commitment to perfectly natural properties. There has been little discussion of the relative merits of these proposals, and little discussion of how one might extend this strategy to provide natural property-free variants of Lewis's other accounts, such as his accounts of duplication, intrinsicality, causation, counterfactuals, and reference. We undertake these projects in this paper. We begin by providing a framework for classifying and assessing the variants (...) of the Best System Account. We then evaluate these proposals, and identify the most promising candidates. We go on to develop a proposal for systematically modifying Lewis's other accounts so that they, too, avoid commitment to perfectly natural properties. We conclude by briefly considering a different route one might take to developing natural property-free versions of Lewis's other accounts, drawing on recent work by Williams. (shrink)

This article proposes to read John Banville’s The Book of Evidence, a crime story narrated from the protagonist’s first-person gaze, from a Lacanian perspective by referring to his mirror stage theory. As an extension of testimonial literature, the novel is deemed to be a narrative of introspective self-examination, thus introducing a creation of “the self” paralleling the text. The protagonist’s mnemonic narrative is accompanied by the idea of an alternative world of not only self-expression but also self-depiction and presentation, as (...) in Lacan’s Imaginary. This self-creation, however, may not be as innocent as it seems. The reason for this is that although the mirror phase involves a transition from the Imaginary to the Symbolic, it presupposes the role of the other, biologically (m)other, in order to accustom the subject to the law of society. However, just because the protagonist, Freddie, mentions his mother’s presence as “nothing,” there is no soothing force for his adaptation to societal laws. Here, Freddie is subject to what Lacan sees as a minor prototype who lives in a society and yet is attached to his own rules, which is the first principle of male violence associated with this novel. Therefore, this article also tries to find answers for Freddie’s performance of male violence within the axis of psychoanalytic postulations elaborated on Lacan’s identity theory. (shrink)

The chapter tackles the complex, tension-ridden, and often paradoxical relationship between relativism and conservatism. We focus particularly on radical conservatism, an early twentieth-century German movement that arguably constitutes the climax of conservatism’s problematic relationship with relativism. We trace the shared genealogy of conservatism and historicism in nineteenth-century Counter-Enlightenment thought and interpret radical conservatism’s ambivalent relation to relativism as reflecting this heritage. Emphasizing national particularity, historical uniqueness, and global political plurality, Carl Schmitt and Hans Freyer moved in the tradition of historicism, (...) stopping short of full relativism. Yet they utilized relativistic elements – such as seeing irrational decisions or the demands of “life” as the basis of politics – to discredit notions of universal political morality and law, thereby underpinning their authoritarian agendas. Oswald Spengler, by contrast, took the relativistic impulses to the extreme, interweaving his conservative authoritarianism and nationalism with full-fledged epistemic, moral, and political relativism. Martin Heidegger has recently been perceived as the key philosopher of radical conservatism, and his thought arguably channeled antimodern aspects of historicism into contemporary political thought. We conclude by analyzing how some radical conservative arguments involving cultural relativism and plurality still reverberate in contemporary theorists such as Samuel Huntington, Aleksandr Dugin, and Alain de Benoist. (shrink)