This paper provides a principled and elegant solution to the Gettier problem. The key move is to draw a general metaphysical distinction and conscript it for epistemological purposes. Section 1 introduces the Gettier problem. Sections 2–5 discuss instructively wrong or incomplete previous proposals. Section 6 presents my solution and explains its virtues. Section 7 answers the most common objection.

This paper explains what it is to believe something for a reason. My thesis is that you believe something for a reason just in case the reason non-deviantly causes your belief. In the course of arguing for my thesis, I present a new argument that reasons are causes, and offer an informative account of causal non-deviance.

Many philosophers have held that it is not possible to experience a spatial object, property, or relation except against the background of an intact awareness of a space that is somehow ‘absolute’. This paper challenges that claim, by analyzing in detail the case of a brain-damaged subject whose visual experiences seem to have violated this condition: spatial objects and properties were present in his visual experience, but space itself was not. I go on to suggest that phenomenological argumentation can give (...) us a kind of evidence about the nature of the mind even if this evidence is not absolutely incorrigible. (shrink)

(for Adam Morton's half) I argue that if we take the values of persons to be ordered in a way that allows incomparability, then the problems Broome raises have easy solutions. In particular we can maintain that creating people is morally neutral while killing them has a negative value.

Centuries ago, Descartes and Locke initiated a foundational debate in epistemology over the relationship between knowledge, on the one hand, and practical factors, on the other. Descartes claimed that knowledge and practice are fundamentally separate. Locke claimed that knowledge and practice are fundamentally united. After a period of dormancy, their disagreement has reignited on the contemporary scene. Latter-day Lockeans claim that knowledge itself is essentially connected to, and perhaps even constituted by, practical factors such as how much is at stake, (...) how important the situation is, or how one should act. Latter-day Cartesians claim, by contrast, that knowledge is entirely constituted by truth-related factors such as truth, belief, and evidence. Each side has supported its case with claims about patterns in ordinary behavior and knowledge judgments. Lockeans argue that these patterns are best explained by positing a fundamental and direct link between knowledge and practical factors. Cartesians argue that the patterns can be equally well explained by positing an indirect link, entirely mediated by the traditional factors of truth, belief, and evidence, thereby rendering the Lockean hypothesis unnecessary. We argue that Cartesians are right about some practical factors, in particular stakes and how important a situation is, which have, at best, a modest indirect relationship to knowledge. However, Lockeans are right about actionability: whether a person should pursue a course of action is unquestionably very powerfully and directly connected to knowledge. (shrink)

Researchers recently demonstrated a strong direct relationship between judgments about what a person knows and judgments about how a person should act. But it remains unknown whether actionability judgments cause knowledge judgments, or knowledge judgments cause actionability judgments. This paper uses causal modeling to help answer this question. Across two experiments, we found evidence that actionability judgments cause knowledge judgments.

Chalmers and Hájek argue that on an epistemic reading of Ramsey’s test for the rational acceptability of conditionals, it is faulty. They claim that applying the test to each of a certain pair of conditionals requires one to think that one is omniscient or infallible, unless one forms irrational Moore-paradoxical beliefs. I show that this claim is false. The epistemic Ramsey test is indeed faulty. Applying it requires that one think of anyone as all-believing and if one is rational, to (...) think of anyone as infallible-if-rational. But this is not because of Moore-paradoxical beliefs. Rather it is because applying the test requires a certain supposition about conscious belief. It is important to understand the nature of this supposition. (shrink)

I offer a novel account of the absurdity of Moore-paradoxical assertion in terms of an interlocutor’s fully conscious beliefs. This account starts with an original argument for the principle that fully conscious belief collects over conjunction. The argument is premised on the synchronic unity of consciousness and the transparency of belief.

We report a series of experiments examining whether people ascribe knowledge for true beliefs based on probabilistic evidence. Participants were less likely to ascribe knowledge for beliefs based on probabilistic evidence than for beliefs based on perceptual evidence or testimony providing causal information. Denial of knowledge for beliefs based on probabilistic evidence did not arise because participants viewed such beliefs as unjustified, nor because such beliefs leave open the possibility of error. These findings rule out traditional philosophical accounts for why (...) probabilistic evidence does not produce knowledge. The experiments instead suggest that people deny knowledge because they distrust drawing conclusions about an individual based on reasoning about the population to which it belongs, a tendency previously identified by “judgment and decision making” researchers. Consistent with this, participants were more willing to ascribe knowledge for beliefs based on probabilistic evidence that is specific to a particular case. 2016 APA, all rights reserved). (shrink)

Many philosophers claim that interesting forms of epistemic evaluation are insensitive to truth in a very specific way. Suppose that two possible agents believe the same proposition based on the same evidence. Either both are justified or neither is; either both have good evidence for holding the belief or neither does. This does not change if, on this particular occasion, it turns out that only one of the two agents has a true belief. Epitomizing this line of thought are thought (...) experiments about radically deceived “brains in vats.” It is widely and uncritically assumed that such a brain is equally justified as its normally embodied human “twin.” This “parity” intuition is the heart of truth-insensitive theories of core epistemological properties such as justification and rationality. Rejecting the parity intuition is considered radical and revisionist. In this paper, I show that exactly the opposite is true. The parity intuition is idiosyncratic and widely rejected. A brain in a vat is not justified and has worse evidence than its normally embodied counterpart. On nearly every ordinary way of evaluating beliefs, a false belief is significantly inferior to a true belief. Of all the evaluations studied here, only blamelessness is truth-insensitive. (shrink)

If the contents of our thoughts are partly determined by facts outside our heads, can we still know those contents directly, without investigating our environment? What if we were surreptitiously switched to Twin-Earth? Would we know the contents of our thoughts under these unusual circumstances? By looking carefully at what determines the content of a second-order thought, a candidate for self-knowledge, the paper argues that we can know the contents of our thoughts directly, even after being switched. Learning about the (...) switch, however, does raise some interesting difficulties. (shrink)

The foundations of research ethics are riven with fault lines emanating from a fear that if research is too closely connected to weighty social purposes an imperative to advance the common good through research will justify abrogating the rights and welfare of study participants. The result is an impoverished conception of the nature of research, an incomplete focus on actors who bear important moral responsibilities, and a system of ethics and oversight highly attuned to the dangers of research but largely (...) silent about threats of ineffective, inefficient, and inequitable medical practices and health systems. -/- In For the Common Good: Philosophical Foundations of Research Ethics, Alex John London defends a conception of the common good that grounds a moral imperative with two requirements. The first is to promote research that generates the information necessary to enable key social institutions to effectively, efficiently, and equitably safeguard the basic interests of individuals. The second is to ensure that research is organized as a voluntary scheme of social cooperation that respects its various contributors' moral claims to be treated as free and equal. Connecting research to the goals of a just social order grounds a framework for assessing and managing research risk that reconciles these requirements and justifies key oversight practices in non-paternalistic terms. Reconceiving research ethics as resolving coordination problems and providing credible assurance that these requirements are being met expands the issues and actors that fall within the purview of the field and provides the foundation for a more unified and coherent approach to domestic and international research. -/- This is an open access title available under the terms of a CC BY-NC-ND 4.0 license. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. (shrink)

This article argues that Rousseau's endorsement of male domination and his illiberal views of rape, punishment and the education of women have been seriously underestimated by twentieth century commentators who tend to produce expoisitions of his work that evade, ignore or marginalise this 'darker side' of his educational philosophy.

I suggest two improvements to Joshua Rasmussen’s intriguing recent argument that a causally powerful being necessarily exists.

Mitochondrial DNA (mtDNA) diseases are a group of neuromuscular diseases that often cause suffering and premature death. New mitochondrial replacement techniques (MRTs) may offer women with mtDNA diseases the opportunity to have healthy offspring to whom they are genetically related. MRTs will likely be ready to license for clinical use in the near future and a discussion of the ethics of the clinical introduction ofMRTs is needed. This paper begins by evaluating three concerns about the safety of MRTs for clinical (...) use on humans: (1) Is it ethical to use MRTs if safe alternatives exist? (2) Would persons with three genetic contributors be at risk of suffering? and (3) Can society trust that MRTs will be made available for humans only once adequate safety testing has taken place, and that MRTs will only be licensed for clinical use in a way that minimises risks? It is then argued that the ethics debate about MRTs should be reoriented towards recommendingways to reduce the possible risks of MRT use on humans. Two recommendations are made: (1) licensed clinical access to MRTs should only be granted to prospective parents if they intend to tell their children about their MRT conception by adulthood; and (2) sex selection should be used in conjunction with the clinical use ofMRTs, in order to reduce transgenerational health risks. (shrink)

The need to address our question arises from two sources, one in Kant and the other in a certain type of response to so-called Reformed epistemology. The first source consists in a tendency to distinguish theoretical beliefs from practical beliefs (commitments to the world's being a certain way versus commitments to certain pictures to live by), and to treat theistic belief as mere practical belief. We trace this tendency in Kant's corpus, and compare and contrast it with Aquinas's view and (...) a more conservative Kantian view. We reject the theistic-belief-as-mere-practical-belief view: it is bad descriptive anthropology, it embraces a misguided ideal of a fragmented self unattainable by human beings, and it will deter people from the most desirable sort of faith. The second source consists in the idea that since theistic beliefs function as answers to why-questions, their epistemic status hangs on whether they meet certain distinctively explanatory standards, whatever support they might receive from other sources. We argue that this is a non-sequitur and suggest questions for further research. (shrink)

Llull and Leibniz both subscribed to conceptual atomism: the belief that the majority of concepts are compounds constructed from a relatively small number of primitive concepts. Llull worked out techniques for finding the logically possible combinations of his primitives, but Leibniz criticized Llull’s execution of these techniques. This article argues that Leibniz was right about things being more complicated than Llull thought but that he was wrong about the details. The paper attempts to correct these details.

What is an occurrent mental state? According to a common scholastic answer such a state is at least in part a quality of the mind. When I newly think about a machiatto, say, my mind acquires a new quality. However, according to a view discussed by John Buridan (who rejects it) and John of Mirecourt (who is condemned in 1347 for considering it “plausible”), an occurrent mental state is not even in part a quality. After sketching some of (...) the history of this position, I will present two common arguments against it—the argument from change and the argument from agency. I will then turn to Mirecourt’s own position on the matter. Mirecourt, I show, in fact offers us two different theories about occurrent mental states. The first, which I call the conservation theory, accepts that mental states are in part qualities. However, a mental state is a quality together with an action on the side of the mind, namely, its conservation of a quality within itself. The second position, which I will call the pure-action theory, holds that an occurrent mental state is not even in part a quality; instead, it is an action the mind performs which is neither the production nor the conservation of a quality within itself. Mirecourt characterizes such pure actions as “modes” of the mind, and it is this position which is condemned in 1347. In the final section, I turn to an objection that both Buridan and Mirecourt raise against the pure-action theory: if accidental states of the mind are mere modes of the mind, then why not suppose that all accidents are mere modes of the subjects which they qualify? (shrink)

I argue that the dispute between two leading theories of interpretation of legal texts, textual originalism and textual evolutionism, depends on the false presupposition that changes in the way a word is used necessarily require a change in the word’s meaning. Semantic externalism goes a long way towards reconciling these views by showing how a word’s semantic properties can be stable over time, even through vicissitudes of usage. I argue that temporal externalism can account for even more semantic stability, however. (...) Temporal externalism is the theory that the content of an utterance at time t may be determined by developments in linguistic usage subsequent to t. If this semantic theory is correct, then the originalist and evolutionist positions effectively collapse. Originalism is correct in that the original meaning of the text is the meaning that is binding on jurists, but evolutionism is vindicated, as it is the current practices and standards that determine the meaning the text now has, and has always had. Objections to temporal externalism, and to its application to the interpretation of legal texts, are considered and addressed. (shrink)

This chapter has two objectives. The first is to clarify Aristotle’s view of the first principles of the sciences. The second is to stake out a critical position with respect to this view. The paper sketches an alternative to Aristotle’s intuitionism based in part on the use of quantitative inductive logics.

Schemes of diagrammatic representation have been so familiarly introduced into logical treatises during the last century or so, that many readers, even of those who have made no professional study of logic, may be supposed to be acquainted with the general nature and object of such devices. Of these schemes one only, viz. that commonly called "Eulerian circles," has met with any general acceptance. A variety of others indeed have been proposed by ingenious and celebrated logicians, several of which would (...) claim notice in a historical treatment of the subject; but they mostly do not seem to me to differ in any essential respect from that of Euler. They rest upon the same leading principle, and are subject all alike to the same restrictions and defects. We must therefore cast about for some new scheme of diagrammatic representation which shall be competent to indicate imperfect knowledge on our part; for this will at once enable us to appeal to it step by step in the process of working out our conclusions. I have never seen any hint at such a scheme, though the want seems so evident that one would suppose that something of the kind must have been proposed before. (shrink)

Shuford, Albert and Massengill proved, a half century ago, that the logarithmic scoring rule is the only proper measure of inaccuracy determined by a differentiable function of probability assigned the actual cell of a scored partition. In spite of this, the log rule has gained less traction in applied disciplines and among formal epistemologists that one might expect. In this paper we show that the differentiability criterion in the Shuford et. al. result is unnecessary and use the resulting simplified characterization (...) of the logarithmic rule to give novel arguments in favor of it. (shrink)

Some attention has also been devoted to a particular kind of judgment or a particular form of the intellect’s second operation, sometimes named separatio by Thomas. Important editions of questions 5 and 6 of Thomas’s commentary on the De Trinitate of Boethius in 1948 and 1955 and the groundbreaking study by L. B. Geiger in 1947, all have set the stage for further emphasis on this distinctive type of intellectual operation when it comes to one’s discovery of being, or better, (...) of that notion of being that can serve as subject of a science of being as being rather than a science of being as material or as quantified. While this new development has remained largely unnoticed in certain regions of Thomistic scholarship for a number of years, it has been pursued in depth by other writers. At the same time, investigation of the same nicely dovetails with the renewed emphasis on existence and on judgment as the process required to discover being as existing to which we have referred above. For as will be seen below, at least one passage in Thomas’s commentary reinforces the contention that one must pass beyond simple apprehension to the mind’s second operation or to judgment if one is to grasp being explicitly as existing. This particular point, however, is not our primary concern here. (shrink)

The paper considers the criticisms that Eleonore Stump has made of Richard Swinburne's account of Christian's revelation, as set out in his book "Revelation: From Metaphor to Analogy." It argues that Stump's criticisms of Swinburne's theory of biblical interpretation are misguided, but that her criticism of his deistic picture of revelation contains a crucial insight. Direct theories of revelation, which see God as communicating propositions directly to believers, are superior to deistic ones, which see God as communicating propositions only to (...) an original group who then hand on the propositions to everyone else. Stump's suggested alternative to a deistic picture is flawed. A better theory would result from incorporating Swinburne's account of the Church into a direct theory, and holding that God communicates propositions directly to believers in the teaching of the Church. This position combines the insights to be found in Stump and Swinburne, while avoiding their mistakes. (shrink)

Thirteen meanings of 'implication' are described and compared. Among them are relations that have been called: logical implication, material implication,deductive implication, formal implication, enthymemic implication, and factual implication. In a given context, implication is the homogeneous two-place relation expressed by the relation verb 'implies'. For heuristic and expository reasons this article skirts many crucial issues including use-mention, the nature of the entities that imply and are implied, and the processes by which knowledge of these relations are achieved. This paper is (...) better thought of as an early stage of a dialogue than as a definitive treatise. (shrink)

The journal of Cognitive Computation is defined in part by the notion that biologically inspired computational accounts are at the heart of cognitive processes in both natural and artificial systems. Many studies of various important aspects of cognition (memory, observational learning, decision making, reward prediction learning, attention control, etc.) have been made by modelling the various experimental results using ever-more sophisticated computer programs. In this manner progressive inroads have been made into gaining a better understanding of the many components of (...) cognition. Concomitantly in both science and science fiction the hope is periodically re-ignited that a manmade system can be engineered to be fully cognitive and conscious purely in virtue of its execution of an appropriate computer program. However, whilst the usefulness of the computational metaphor in many areas of psychology and neuroscience is clear, it has not gone unchallenged and in this article I will review a group of philosophical arguments that suggest either such unequivocal optimism in computationalism is misplaced—computation is neither necessary nor sufficient for cognition—or panpsychism (the belief that the physical universe is fundamentally composed of elements each of which is conscious) is true. I conclude by highlighting an alternative metaphor for cognitive processes based on communication and interaction. (shrink)

The evolution of life on Earth has produced an organism that is beginning to model and understand its own evolution and the possible future evolution of life in the universe. These models and associated evidence show that evolution on Earth has a trajectory. The scale over which living processes are organized cooperatively has increased progressively, as has its evolvability. Recent theoretical advances raise the possibility that this trajectory is itself part of a wider developmental process. According to these theories, the (...) developmental process has been shaped by a yet larger evolutionary dynamic that involves the reproduction of universes. This evolutionary dynamic has tuned the key parameters of the universe to increase the likelihood that life will emerge and produce outcomes that are successful in the larger process (e.g. a key outcome may be to produce life and intelligence that intentionally reproduces the universe and tunes the parameters of ‘offspring’ universes). Theory suggests that when life emerges on a planet, it moves along this trajectory of its own accord. However, at a particular point evolution will continue to advance only if organisms emerge that decide to advance the developmental process intentionally. The organisms must be prepared to make this commitment even though the ultimate nature and destination of the process is uncertain, and may forever remain unknown. Organisms that complete this transition to intentional evolution will drive the further development of life and intelligence in the universe. Humanity’s increasing understanding of the evolution of life in the universe is rapidly bringing it to the threshold of this major evolutionary transition. (shrink)

Technology could be used to improve morality but it could do so in different ways. Some technologies could augment and enhance moral behaviour externally by using external cues and signals to push and pull us towards morally appropriate behaviours. Other technologies could enhance moral behaviour internally by directly altering the way in which the brain captures and processes morally salient information or initiates moral action. The question is whether there is any reason to prefer one method over the other? In (...) this article, I argue that there is. Specifically, I argue that internal moral enhancement is likely to be preferable to external moral enhancement, when it comes to the legitimacy of political decision-making processes. In fact, I go further than this and argue that the increasingly dominant forms of external moral enhancement may already be posing a significant threat to political legitimacy, one that we should try to address. Consequently, research and development of internal moral enhancements should be prioritised as a political project. (shrink)

Frege’s claim that proper names have senses has come to seem untenable following Kripke’s argument that names are rigid designators. It is commonly thought that if names had senses, their referents would vary with circumstances of evaluation. The article defends Frege’s claim by arguing that names have word-reflexive senses. This analysis of names’ senses does not violate Kripke’s noncircularity condition, and it differs crucially from related views of Bach and Katz. That names have reflexive senses confirms Frege’s own solution to (...) his puzzle about the content of identity sentences, solves Kripke’s Pierre and Peter puzzles about belief ascription, and entails that bearerless names have meanings. Furthermore, names’ having reflexive senses explains why they designate rigidly. (shrink)

Worrall argued that structural realism provides a ‘synthesis’ of the main pro-realist argument – the ‘No Miracles Argument’, and the main anti-realist argument – the ‘Pessimistic Induction’. More recently, however, it has been claimed that each of these arguments is an instance of the same probabilistic fallacy – sometimes called the ‘base-rate fallacy’. If correct, this clearly seems to undermine structural realism and Magnus and Callender have indeed claimed that both arguments are fallacious and ‘without [them] we lose the rationale (...) for … structural realism ’. I here argue that what have been shown to be fallacious are simply misguided formalisations of ‘the’ arguments and that when they are properly construed they continue to provide powerful motivation for favouring structural realism. (shrink)

This paper tries to clarify, strengthen and respond to two prominent objections to the development and use of human enhancement technologies. Both objections express concerns about the link between enhancement and the drive for hyperagency. The first derives from the work of Sandel and Hauskeller—and is concerned with the negative impact of hyperagency on social solidarity. In responding to their objection, I argue that although social solidarity is valuable, there is a danger in overestimating its value and in neglecting some (...) obvious ways in which the enhancement project can be planned so as to avoid its degradation. The second objection, though common to several writers, has been most directly asserted by Saskia Nagel, and is concerned with the impact of hyperagency on the burden and distribution of responsibility. Though this is an intriguing objection, I argue that not enough has been done to explain why this is morally problematic. I try to correct for this flaw before offering a variety of strategies for dealing with the problems raised. (shrink)

In Anarchy, State and Utopia, Robert Nozick argues, first, that free-market anarchism is unstable -that it will inevitably lead back to the state; and, second, that without a certain "redistributive" proviso, the model is unjust. If either of these things is the case, the model defeats itself, for its justification purports to be that it provides a morally acceptable alternative to government (and therefore to the state). I argue, against Nozick's contention, that his "dominant protection agency" neither meets his monopoly (...) condition for statehood nor need run afowl of his redistributive requirement. This being the case, his argument against free market anarchism fails. (shrink)

While there has been much work on cosmological arguments, novel objections will be presented against the modern day rendition of the Kalām cosmological argument as standardly articulated by William Lane Craig. The conclusion is reached that this cosmological argument and several of its variants do not lead us to believe that there is inevitably a supernatural cause to the universe. Moreover, a conditional argument for atheism will be presented in light of the Big Bang Theory.

Like all reasoning, practical reasoning is a process that takes a person from some of her existing mental states to a new mental state. Theoretical reasoning concludes in a belief; practical reasoning in an intention. This paper concentrates on instrumental reasoning, a species of practical reasoning in general. It argues that instrumental reasoning is correct if the content of the reasoning is a valid derivation, just as theoretical reasoning is correct if its content is a valid derivation. It also argues (...) that neither theoretical nor practical reasoning gives a reason for its conclusion. If a piece of reasoning is correct, it concludes in a state - a belief or an intention - that is rationally required by the states it is derived from, but rationally requiring a conclusion is not the same as giving a reason for it. (shrink)

This article covers four types of hedonism: ancient hedonism; ethical hedonism; axiological hedonism; and psychological hedonism. It concentrates on the latter two types, both by clarifying them and by discussing arguments in their behalf. It closes with a few words about the relevance of those positions to applied ethics.

This essay consists of two parts. Part I offers an explanation of Berkeley's understanding of the relationship between materialism and evil. Berkeley regards materialism as the chief instrumental cause of evil in the world. It is the belief in matter that encourages us to believe that God is not immediately, intimately present in every aspect of our life. Immaterialism, by contrast, makes God's immediate presence vivid and thereby serves to undermine the motivation to vice. Part II locates Berkeley's view on (...) matter and evil within the Christian Neoplatonic tradition. I compare Plotinus' minimalist approach to matter and his identification of matter with evil to Berkeley's eliminitivism about matter and his corresponding identification of materialism as the chief source of evil. (shrink)

This review article critiques Stephen Davies' The Artful Species: Aesthetics, Art, and Evolution.

This article examines the fourteen conditions constituting Levinson and Alperson’s taxonomy of conditions for temporal arts. It claims that some of the conditions and several of the lists of arts exemplifying them need revision. It recommends adding a new condition concerned with the effects of the passage of time on gardens, environmental sculpture, and outdoor installations. The article concludes that gardens may be a model for understanding and appreciating other arts sharing the same bi-(multi-) modality.

This issue of the Kybernetes journal is concerned with the philosophical question- Can a Machine Think? Famously, in his 1950 paper `Computing Machinery andIntelligence' [9], the British mathematician Alan Turing suggested replacing this question - which he found \too meaningless to deserve discussion" - with a simple -behavioural - test based on an imagined `Victorianesque' pastime he entitled the`imitation game'. In this special issue of Kybernetes a selection of authors with a special interest in Turing's work (including those who participated (...) in the 2008 AISB Turing Symposium) have been invited to explore and clarify issues arising from Turing's 1950 paper on the Imitation Game; now more widely known as the Turing test. (shrink)

Van Fraassen's Judy Benjamin problem asks how one ought to update one's credence in A upon receiving evidence of the sort ``A may or may not obtain, but B is k times likelier than C'', where {A,B,C} is a partition. Van Fraassen's solution, in the limiting case of increasing k, recommends a posterior converging to the probability of A conditional on A union B, where P is one's prior probability function. Grove and Halpern, and more recently Douven and Romeijn, have (...) argued that one ought to leave credence in A unchanged, i.e. fixed at P(A). We argue that while the former approach is superior, it brings about a Reflection violation due in part to neglect of a ``regression to the mean'' phenomenon, whereby when C is eliminated by random evidence that leaves A and B alive, the ratio P(A):P(B) ought to drift in the direction of 1:1. (shrink)

HMI and Ofsted modes of school inpection are described and compared. The links between these modes are stressed. The information gathering capacity of Ofsted enables it to formulate specific and authoritative advice on good curriculum and pedagogic practice and thus to influence the direction of education policy and steer the system generally.

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

In this article I contrast 17th and 18th explanations of hysteria including those of Sydenham and Willis with those given by Plato and pre-modern medicine. I show that beginning in the second decade of the 17th century the locus of the disorder was transferred to the nervous system and it was no longer connected with the womb as in Hippocrates and Galen; hysteria became identified with hypochondria, and was a disease contracted by men as well as women. I discuss the (...) purely mechanical explanation of hysteria given by Robert Boyle who attributed its cause to corporeal ideas as well as overly sensitive disposition of the nervous system. I relate this the mechanical theory of the nervous system prominent in Descartes' writings on physiology. The paper closes with a discussion of the contrast between early modern explanations of hysteria and the nature of man with those of Freud in the early 20th century. (shrink)