Results for 'Jewish law and philosophy'

998 found
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  1. Human Reproductive Cloning: Science, Jewish Law and Metaphysics.Barbara Pfeffer Billauer - forthcoming - ssrn.com.
    Abstract: Under traditional Jewish Law (halacha), assessment of human reproductive cloning (HRC) has been formulated along four lines of inquiry, which I discussed in Part I of this paper. Therein I also analyze five relevant doctrines of Talmudic Law, concluding that under with a risk-benefit analysis HRC fails to fulfill the obligation ‘to be fruitful and multiply’ and should be strictly prohibited. Here, I review of the topic from an exigetical Biblical and Kabbalistic perspective, beginning with exploring comments of (...)
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  2. Jewish Law, Techno-Ethics, and Autonomous Weapon Systems: Ethical-Halakhic Perspectives.Nadav S. Berman - 2020 - Jewish Law Association Studies 29:91-124.
    Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective (...)
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  3.  62
    20th Century Jewish Thought and Classical American Pragmatism: New Perspectives on Hayyim Hirschensohn, Mordecai M. Kaplan and Eliezer Berkovits.Nadav Berman Shifman - 2018 - Dissertation, Hebrew University of Jerusalem
    Please see the extended abstract in the attached file.
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  4. The Embryo in Ancient Rabbinic Literature: Between Religious Law and Didactic Narratives: An Interpretive Essay.Etienne Lepicard - 2010 - History and Philosophy of the Life Sciences 32 (1):21-41.
    At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with (...)
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  5. Law and Philosophy: Selected Papers in Legal Theory.Csaba Varga (ed.) - 1994 - Budapest: ELTE “Comparative Legal Cultures” Project.
    Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...)
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  6. Mishpat Ivri, Halakhah and Legal Philosophy: Agunah and the Theory of “Legal Sources".Bernard S. Jackson - 2001 - JSiJ.
    In this paper, I ask whether mishpat ivri (Jewish Law) is appropriately conceived as a “legal system”. I review Menachem Elon’s use of a “Sources” Theory of Law (based on Salmond) in his account of Mishpat Ivri; the status of religious law from the viewpoint of jurisprudence itself (Bentham, Austin and Kelsen); then the use of sources (and the approach to “dogmatic error”) by halakhic authorities in discussing the problems of the agunah (“chained wife”), which I suggest points to (...)
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  7. “ ‘Let the Law Cut Through the Mountain’: Salomon Maimon, Moses Mendelssohn, and Mme. Truth”.Yitzhak Melamed - 2014 - In Lukas Muehlethaler (ed.), Höre die Wahrheit, wer sie auch spricht. Vandenhoeck & Ruprecht. pp. 70-76.
    Moses Maimonides was a rare kind of radical. Being a genuine Aristotelian, he recommended following the middle path and avoiding extremism. Yet, within the sphere of Jewish philosophy and thought, he created a school of philosophical radicalism, inspiring Rabbis and thinkers to be unwilling to compromise their integrity in searching for the truth, regardless of where their arguments might lead. Both Spinoza and Salomon Maimon inherited this commitment to uncompromising philosophical inquiry. But of course, such willingness to follow (...)
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  8. Philosophical Ruminations About Embryo Experimentation with Reference to Reproductive Technologies in Jewish “Halakhah”.Piyali Mitra - 2017 - IAFOR Journal of Ethics, Religion and Philosophy 3 (2):5-19.
    The use of modern medical technologies and interventions involves ethical and legal dilemmas which are yet to be solved. For the religious Jews the answer lies in Halakhah. The objective of this paper is to unscramble the difficult conundrum possessed by the halakhalic standing concerning the use of human embryonic cell for research. It also aims to take contemporary ethical issues arising from the use of technologies and medical advances made in human reproduction and study them from an abstract philosophical (...)
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  9.  80
    No Laws and (Thin) Powers in, No (Governing) Laws Out.Stavros Ioannidis, Vassilis Livanios & Stathis Psillos - 2021 - European Journal for Philosophy of Science 11 (1):1-26.
    Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...)
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  10. Judaic Logic: A Formal Analysis of Biblical, Talmudic and Rabbinic Logic.Avi Sion - 1995 - Geneva, Switzerland: Slatkine; CreateSpace & Kindle; Lulu..
    Judaic Logic is an original inquiry into the forms of thought determining Jewish law and belief, from the impartial perspective of a logician. Judaic Logic attempts to honestly estimate the extent to which the logic employed within Judaism fits into the general norms, and whether it has any contributions to make to them. The author ranges far and wide in Jewish lore, finding clear evidence of both inductive and deductive reasoning in the Torah and other books of the (...)
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  11. Mechanisms, Laws, and Regularities.Holly Andersen - 2011 - Philosophy of Science 78 (2):325-331.
    Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in nature (...)
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  12. The Law and Ethics of K Street: Lobbying, the First Amendment, and the Duty to Create Just Laws.Daniel T. Ostas - 2007 - Business Ethics Quarterly 17 (1):33-63.
    This article explores the law and ethics of lobbying. The legal discussion examines disclosure regulations, employment restrictions,bribery laws, and anti-fraud provisions as each applies to the lobbying context. The analysis demonstrates that given the social value placed on the First Amendment, federal law generally affords lobbyists wide latitude in determining who, what, when, where, and how to lobby.The article then turns to ethics. Lobbying involves deliberate attempts to effect changes in the law. An argument is advanced that because law implicates (...)
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  13. Law, Process Philosophy and Ecological Civilization.Arran Gare - 2011 - Chromatikon 7:133-160.
    The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...)
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  14. Necessary Laws and Chemical Kinds.Nora Berenstain - 2014 - Australasian Journal of Philosophy 92 (4):631-647.
    Contingentism, generally contrasted with law necessitarianism, is the view that the laws of nature are contingent. It is often coupled with the claim that their contingency is knowable a priori. This paper considers Bird's (2001, 2002, 2005, 2007) arguments for the thesis that, necessarily, salt dissolves in water; and it defends his view against Beebee's (2001) and Psillos's (2002) contingentist objections. A new contingentist objection is offered and several reasons for scepticism about its success are raised. It is concluded that (...)
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  15. Review of May & Hoskins, International Criminal Law and Philosophy[REVIEW]Matthew Lister - 2010 - Concurring Opinions Blog:1.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins, published by Cambridge University Press.
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  16. Robot Ethics 2. 0: New Challenges in Philosophy, Law, and Society.Patrick Lin, Keith Abney & Ryan Jenkins (eds.) - 2017 - Oxford University Press.
    As robots slip into more domains of human life-from the operating room to the bedroom-they take on our morally important tasks and decisions, as well as create new risks from psychological to physical. This book answers the urgent call to study their ethical, legal, and policy impacts.
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  17. Law and Eschatology in Wittgenstein's Early Thought.Barry Smith - 1978 - Inquiry: An Interdisciplinary Journal of Philosophy 21 (1-4):425 – 441.
    The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, (...)
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  18. The Rule of Law and Equality.Paul Gowder - 2013 - Law and Philosophy 32 (5):565-618.
    This paper describes and defends a novel and distinctively egalitarian conception of the rule of law. Official behavior is to be governed by preexisting, public rules that do not draw irrelevant distinctions between the subjects of law. If these demands are satisfied, a state achieves vertical equality between officials and ordinary people and horizontal legal equality among ordinary people.
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  19.  95
    Ceteris Paribus Laws and Minutis Rectis Laws.Luke Fenton-Glynn - 2016 - Philosophy and Phenomenological Research 93 (2):274-305.
    Special science generalizations admit of exceptions. Among the class of non-exceptionless special science generalizations, I distinguish minutis rectis generalizations from the more familiar category of ceteris paribus generalizations. I argue that the challenges involved in showing that mr generalizations can play the law role are underappreciated, and quite different from those involved in showing that cp generalizations can do so. I outline a strategy for meeting the challenges posed by mr generalizations.
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  20. Punishment and Responsibility: Essays in the Philosophy of Law.H. L. A. Hart - 1968 - Oxford University Press.
    This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.
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  21. The Relationship Between the Law and Public Policy: Is It a Chi-Square or Normative Shape for the Policy Makers?Kiyoung Kim - 2014 - Social Sciences 3 (4):137-143.
    Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some (...)
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  22. Cartwright on Laws and Composition.David Spurrett - 2000 - International Studies in the Philosophy of Science 15 (3):253 – 268.
    Cartwright attempts to argue from an analysis of the composition of forces, and more generally the composition of laws, to the conclusion that laws must be regarded as false. A response to Cartwright is developed which contends that properly understood composition poses no threat to the truth of laws, even though agreeing with Cartwright that laws do not satisfy the "facticity" requirement. My analysis draws especially on the work of Creary, Bhaskar, Mill, and points towards a general rejection of Cartwright's (...)
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  23. Manipulationism, Ceteris Paribus Laws, and the Bugbear of Background Knowledge.Robert Kowalenko - 2017 - International Studies in the Philosophy of Science 31 (3):261-283.
    According to manipulationist accounts of causal explanation, to explain an event is to show how it could be changed by intervening on its cause. The relevant change must be a ‘serious possibility’ claims Woodward 2003, distinct from mere logical or physical possibility—approximating something I call ‘scientific possibility’. This idea creates significant difficulties: background knowledge is necessary for judgments of possibili-ty. Yet the primary vehicles of explanation in manipulationism are ‘invariant’ generali-sations, and these are not well adapted to encoding such knowledge, (...)
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  24. Systemism, Social Laws, and the Limits of Social Theory: Themes Out of Mario Bunge's: The Sociology-Philosophy Connection.Slava Sadovnikov - 2004 - Philosophy of the Social Sciences 34 (4):536-587.
    The four sections of this article are reactions to a few interconnected problems that Mario Bunge addresses in his The Sociology-Philosophy Connection , which can be seen as a continuation and summary of his two recent major volumes Finding Philosophy in Social Science and Social Science under Debate: A Philosophical Perspective . Bunge’s contribution to the philosophy of the social sciences has been sufficiently acclaimed. (See in particular two special issues of this journal dedicated to his social (...)
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  25. Appropriating Resources: Land Claims, Law, and Illicit Business.Edmund F. Byrne - 2012 - Journal of Business Ethics 106 (4):453-466.
    Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...)
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  26. Anscombe on the Mesmeric Force of ‘Ought’ and a Spurious Kind of Moral Realism.Sergio Volodia Marcello Cremaschi - 2017 - Etica E Politica 19 (2):51-86.
    I discuss the second of the three theses advanced by Anscombe in ‘Modern Moral Philosophy’. The focus is the nature of entities to which – if Anscombe’s diagnosis is correct – ought and cognate modals are assumed by modern moral philosophers to refer. I reconstruct the alternative account offered by Anscombe of viable and justified ‘Aristotelian’ modals – as contrasted with mysterious and unjustified ‘Kantian’ modals; I discuss the nature and status of ‘Aristotelian necessity’ to which such legitimate modals (...)
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  27. Jeremy Waldron on Law and Disagreement.David Estlund - 2000 - Philosophical Studies 99 (1):111-128.
    Waldron argues that recent treatments of justice have neglected reasonable disagreement about justice itself. So Waldron offers a procedural account of democratic legitimacy, in which contending views of justice can be brought together to arrive at a decision without deciding which one is correct. However, if there is reasonable disagreement about everything, then this includes his preferred account of legitimacy. On the other hand, it is not clear that Waldron is right to count so much disagreement as reasonable. But then (...)
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  28. Studies in Medieval Jewish History and Literature.Isadore Twersky (ed.) - 1979 - Harvard University Press.
    critical edition and annotated translation of one of the classics of Jewish biblical interpretation. The collection will be indispensable to all students of Jewish history and culture.
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  29.  94
    Two Views of Natural Law and the Shaping of Economic Science.Sergio Cremaschi - 2002 - Croatian Journal of Philosophy 2 (2):181-196.
    In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...)
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  30.  78
    Perfect Solidity: Natural Laws and the Problem of Matter in Descartes' Universe.Edward Slowik - 1996 - History of Philosophy Quarterly 13 (2):187 - 204.
    In the Principles of Philosophy, Descartes attempts to explicate the well-known phenomena of varying bodily size through an appeal to the concept of "solidity," a notion that roughly corresponds to our present-day concept of density. Descartes' interest in these issues can be partially traced to the need to define clearly the role of matter in his natural laws, a problem particularly acute for the application of his conservation principle. Specifically, since Descartes insists that a body's "quantity of motion," defined (...)
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  31. Contemporary Legal Philosophising: Schmitt, Kelsen, Lukács, Hart, & Law and Literature, with Marxism's Dark Legacy in Central Europe (on Teaching Legal Philosophy in Appendix).Csaba Varga - 2013 - Szent István Társulat.
    Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István (...)
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  32.  99
    The Emergence of Natural Law and the Cosmopolis.Eric Brown - 2009 - In Stephen G. Salkever (ed.), The Cambridge Companion to Ancient Greek Political Thought. Cambridge, UK: Cambridge University Press. pp. 331-363.
    Two prominent metaphors in Greek and Roman political philosophy are surveyed here, with a view to determining their possible meanings and the plausibility of the claims advanced by those possible meanings.
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  33.  80
    On Law and Justice Attributed to Archytas of Tarentum.Johnson Monte & P. S. Horky - 2020 - In David Wolfsdorf (ed.), Early Greek Ethics. Oxford: pp. 455-490.
    Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...)
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  34. HARMONIZING LAW AND INNOVATIONS IN NANOMEDICINE, ARTIFICIAL INTELLIGENCE (AI) AND BIOMEDICAL ROBOTICS: A CENTRAL ASIAN PERSPECTIVE.Ammar Younas & Tegizbekova Zhyldyz Chynarbekovna - manuscript
    The recent progression in AI, nanomedicine and robotics have increased concerns about ethics, policy and law. The increasing complexity and hybrid nature of AI and nanotechnologies impact the functionality of “law in action” which can lead to legal uncertainty and ultimately to a public distrust. There is an immediate need of collaboration between Central Asian biomedical scientists, AI engineers and academic lawyers for the harmonization of AI, nanomedicines and robotics in Central Asian legal system.
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  35. What Would Hume Say? Regularities, Laws, and Mechanisms.Holly Andersen - 2017 - In Phyllis Ilari & Stuart Glennan (eds.), Handbook of Mechanisms and Mechanistic Philosophy. Routledge. pp. 157-168.
    This chapter examines the relationship between laws and mechanisms as approaches to characterising generalizations and explanations in science. I give an overview of recent historical discussions where laws failed to satisfy stringent logical criteria, opening the way for mechanisms to be investigated as a way to explain regularities in nature. This followed by a critical discussion of contemporary debates about the role of laws versus mechanisms in describing versus explaining regularities. I conclude by offering new arguments for two roles for (...)
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  36. Ancient Wisdom and the Modern Temper. On the Role of Greek Philosophy and the Jewish Tradition in Hans Jonas’s Philosophical Anthropology.Fabio Fossa - 2017 - Philosophical Readings 9 (1):55-60.
    The question on the essence of man and his relationship to nature is certainly one of the most important themes in the philosophy of Hans Jonas. One of the ways by which Jonas approaches the issue consists in a comparison between the contemporary interpretation of man and forms of wisdom such as those conveyed by ancient Greek philosophy and the Jewish tradition. The reconstruction and discussion of these frameworks play a fundamental role in Jonas’s critique of the (...)
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  37. On Law and Legal Reasoning.Fernando Atria Lemaître - 2001 - Hart.
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  38. Luca Malatesti and John McMillan (eds.), Responsibility and Psychopathy: Interfacing Law, Psychiatry, and Philosophy[REVIEW]Marko Jurjako - 2011 - Prolegomena 10 (1):147-154.
    Review of the collection "Responsibility and Psychopathy: Interfacing Law, Psychiatry and Philosophy", edited by Luca Malatesti and John McMillan.
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  39. Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism.Anna Goppel & Anne Schwenkenbecher - 2012 - Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not least, (...)
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  40. Fuller and the Folk: The Inner Morality of Law Revisited.Raff Donelson & Ivar R. Hannikainen - 2020 - In Oxford Studies in Experimental Philosophy, Volume 3. Oxford: pp. 6-28.
    The experimental turn in philosophy has reached several sub-fields including ethics, epistemology, and metaphysics. This paper is among the first to apply experimental techniques to questions in the philosophy of law. Specifically, we examine Lon Fuller's procedural natural law theory. Fuller famously claimed that legal systems necessarily observe eight principles he called "the inner morality of law." We evaluate Fuller's claim by surveying both ordinary people and legal experts about their intuitions about legal systems. We conclude that, at (...)
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  41. Secession, Law, and Rights: The Case of the Former Yugoslavia.Daniel Kofman - 2000 - Human Rights Review 1 (2):9-26.
    A common theme from certain circles during the Yugoslav wars was that the seceding republics lacked a right to secede, but that if a right were accorded them by the EC or international community, it would have to be granted to the Serbian minorities in these republics, especially in Bosnia and Herzegovina, on pain of inconsistency. This microcosm argument is in fact unsound. On a reasonable conception of a right of self-determination and secession elaborated here, the Republic of Bosnia and (...)
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  42. Humanitarian Intervention an Inquiry Into Law and Morality.Fernando R. Tesón - 1988 - Brill - Nijhoff.
    Analysis of all the Legal and Moral Issues Surrounding Humanitarian Intervention · The deaths of innocent persons & the Doctrine of Double Effect Governmental legitimacy: The Doctrine of Effective Political Control · UN Charter & evaluation of the Nicaragua ruling · The Morality of not intervening · US-led invasion of Iraq · Humanitarian intervention authorized by the UN Security Council: Iraq, Somalia, Haiti, Rwanda, and Bosnia among highlightsNATO's intervention in Kosovo · The Nicaragua Decision · The precedents of Panama, Liberia (...)
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  43. Conscientious Objections: Toward a Reconstruction of the Social and Political Philosophy of Jesus of Nazareth.J. Landrum Kelly - 1994 - Edwin Mellen Press.
    This study argues for the historical existence of Jesus of Nazareth as a radical Jewish pacifist who angered both the orthodox religious establishment and those who advocated violent insurrection against the Romans. The author asserts that Jesus' views were based on belief in a non-retributive, omnibenevolent God, challenging not only the Mosaic Law but assumptions about eternal punishment and the divine sanction of the state and its retributive institutions of war and punishment. The volume also interprets Paul as being (...)
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  44. Sayyid Qutb and Aquinas: Liberalism, Natural Law and the Philosophy of Jihad.Lucas Thorpe - 2019 - Heythrop Journal 60:413-435.
    In this paper I focus on the work of Sayyid Qutb and in particular his book Milestones, which is often regarded as the Communist Manifesto of Islamic fundamentalism. This paper has four main sections. First I outline Qutb’s political position and in particular examine his advocacy of offensive jihad. In section two I argue that there are a number of tendencies that make his position potentially more liberal that it is often taken to be. I here argue that there are (...)
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  45. The Metaphysics of Science: An Account of Modern Science in Terms of Principles, Laws and Theories. [REVIEW]Nicholas Maxwell - 2009 - International Studies in the Philosophy of Science 23 (2):228 – 232.
    This is a review of Craig Dilworth's The Metaphysics of Science (Dordrecht, Springer, 2007). The book propounds an immensely important idea. Science makes metaphysical presuppositions. Unfortunately, Dilworth ignores work that has been done on this issue which takes the matter much further than he does.
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  46. Mechanisms and Laws: Clarifying the Debate.Marie I. Kaiser & C. F. Craver - 2013 - In H.-K. Chao, S.-T. Chen & R. Millstein (eds.), Mechanism and Causality in Biology and Economics. Dordrecht: Springer. pp. 125-145.
    Leuridan (2011) questions whether mechanisms can really replace laws at the heart of our thinking about science. In doing so, he enters a long-standing discussion about the relationship between the mech-anistic structures evident in the theories of contemporary biology and the laws of nature privileged especially in traditional empiricist traditions of the philosophy of science (see e.g. Wimsatt 1974; Bechtel and Abrahamsen 2005; Bogen 2005; Darden 2006; Glennan 1996; MDC 2000; Schaffner 1993; Tabery 2003; Weber 2005). In our view, (...)
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  47.  55
    On Law as Poetry: Shelley and Tocqueville.Joshua M. Hall - forthcoming - South African Journal of Philosophy 3 (40).
    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 (...)
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  48. A Philosophy of Evidence Law: Justice in the Search for Truth.H. L. Ho - 2008 - Oxford University Press.
    This book examines the legal and moral theory behind the law of evidence and proof, arguing that only by exploring the nature of responsibility in fact-finding can the role and purpose of much of the law be fully understood. Ho argues that the court must not only find the truth to do justice, it must do justice in finding the truth.
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  49. The Metaphysics of Science and Aim-Oriented Empiricism: A Revolution for Science and Philosophy.Nicholas Maxwell - 2019 - Cham, Switzerland: Springer Nature.
    This book gives an account of work that I have done over a period of decades that sets out to solve two fundamental problems of philosophy: the mind-body problem and the problem of induction. Remarkably, these revolutionary contributions to philosophy turn out to have dramatic implications for a wide range of issues outside philosophy itself, most notably for the capacity of humanity to resolve current grave global problems and make progress towards a better, wiser world. A key (...)
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  50.  79
    Agamben - (Im)Potentiality of Law and Politics.Vanja Grujic - 2019 - Revista de Direito Constitucional and Econômico 1 (1):248-270.
    Placed between constituting and constituted power, homo sacer reveals the state of exception, which through sovereign ban, is kept both inside and outside the law. Agamben’s latest political and legal philosophy is based upon this concept. As the victim of sovereignty, homo sacer unfolds the paradox of sovereign power, criticiz- ing its fundaments and showing the emptiness of law. However, for potentiality which is at the centre of Agamben’s argument, we need to look not only outside sovereignty and sovereign (...)
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