Two prevalent assumptions in the philosophy of sport literature are that all sports are games and that all games are contests, meant to determine who is the better at the skills definitive of the sport. If these are correct, it would follow that all sports are contests and that a range of sporting activities, including nature sports, are not in fact sports at all. This paper first confronts the notion that sport and games must seek to resolve skill superiority through (...) consideration of sport activities that have no such aim. The reduction of sport to game is also shown to be untenable and due to misunderstanding the point of sport activities, specifically, why people engage in them. This leads to reconsideration of the dominance of an instrumental conception of sport and the pursuit of excellence as anthropomaximising efficiency. The Norwegian tradition of frilutsliv is explored as a counterpoint to both conventional and nature sport. (shrink)

This paper is an examination of the concept of recognition and its connection with identity and respect. This is related to the question of how women are or are not adequately recognised or respected for their achievements in sport and whether eliminating sex segregation in sport is a solution. This will require an analysis of the concept of excellence in sport, as well as the relationship between fairness and inclusion in an activity that is fundamentally about bodily movement. I argue (...) that attempts to address the problem of women’s recognition in sport need to do so in ways that neither eliminate sport as a fairness regulated system for developing individual excellence in bodily movement nor that prevent women’s achievement of sporting excellence, with the regard that belongs to them. Doing this requires us to decide whether sport is about champions or about individual excellence. (shrink)

Excellence in sport performance is normally taken to be a matter of superior performance of physical movements or quantitative outcomes of movements. This paper considers whether a wider conception can be afforded by certain kinds of nature based sport. The interplay between technical skill and aesthetic experience in nature based sports is explored, and the extent to which it contributes to a distinction between different sport-based approaches to natural environments. The potential for aesthetic appreciation of environmental engagement is found to (...) be strongly dependent on whether or not environmental engagement is exploited for the end of producing a quantifiable result or enhancing technical skill. It is also argued that an existential rather than spectatorial attitude to aesthetic experience is offered by specifically nature oriented sport. Aesthetic experience achieved in this way is therefore neither passive nor detached, but extends Berleant's concept of participatory environmental aesthetics and underpins both an alternate (wide) conception of excellence in sport activity and a richer experience of aesthetic engagement than more objectivised standpoints. (shrink)

This paper responds to Kevin Krein’s claim in that the particular value of nature sports over traditional ones is that they offer intensity of sport experience in dynamic interaction between an athlete and natural features. He denies that this intensity is derived from competitive conflict of individuals and denies that nature sport derives its value from internal conflict within the athlete who carries out the activity. This paper responds directly to Krein by analysing ‘intensity’ in sport in terms of the (...) relationship between attention and reflection and the interaction between self and environment. I reply directly to Krein’s rejection of self-competition as based on a mischaracterisation of internal struggle and argue that the weighing of incompatible desires does not involve a fragmented self. I argue that the unique intensity to which Krein refers is strongly comparable to the Kantian conception of the sublime and explore how sublime experience fits Krein’s account and outline some serious problems that such an ideal of experience poses for nature sport. (shrink)

In a recent paper, Kevin Krein argues that the notion of self-competition is misplaced in adventure sports and of only limited application altogether, for two main reasons: (i) the need for a consistent and repeatable measure of performance; and (ii) the requirement of multiple competitors. Moreover, where an individual is engaged in a sport in which the primary feature with which they are engaged is a natural one, Krein argues that the more accurate description of their activity is not 'competition', (...) but an attempt at harmonious interaction. I raise a number of problems against both criteria and argue that traditional and adventure sports do both involve self-competition on at least two levels: bettering one's previous performance and resisting the desire to quit. I argue that self-reflexive competition is not so much with one's self (which is philosophically absurd), but within one's self, between conflicting motivations and desires. I explore what is involved in self-reflexive competition, particularly at a phenomenological, self-constituting level, and raise the question of whether it is appropriate for activity in wilder natural environments. (shrink)

Previous discussions on the value of sport in remote locations have concentrated on 1) environmental and process concerns, with the rejection of competition and goal-directed or use oriented activity, or 2) the value of risk and dangerous sport for self-affirmation. It is argued that the value of risk in remote sport is in self-knowledge rather than self-affirmation and that risk in remote sport, while enhancing certain kinds of experience, is not necessary. The value of remote sport is in offering the (...) opportunity for experience that enhances the participants’ knowledge both of self and of the environment with which they interact. (shrink)

This paper explores ludonarrative dissonance as it occurs in sport, primarily as the conflict experienced by participants between dominant narratives and self-generated interpretations of embodied experience. Taking self-narrative as a social rather than isolated production, the interaction with three basic categories of dominant narrative is explored: transformative, representing a spectrum from revelatory to distorting, bullying and colonising. These forms of dominant narrative prescribe interpretations of the player’s experience of play and of self that displace their own, with the end result (...) of dissonance and self-alienation. (shrink)

Kierkegaard shows two contrary attitudes to woman and the feminine: misogyny and celebration. The Kierkegaardian structure of selfhood, because combined with a hierarchical assumption about the relative value of certain human characteristics, and their identification as male or female, argues that woman is a lesser self. Consequently, the claim that the Kierkegaardian ideal of selfhood is androgynist is rejected, though it is the latter assumptions alone that force this conclusion.

This paper considers the importance of play as a conventional space for hypothetical self-expression and self-trial, its importance for determination of identity, and for development of self-possibilities. Expanding such possibilities in play enables challenging of socially entrenched assumptions concerning possible and appropriate identities. Discussion is extended to the contexts of gender performance (drag) and sport-play. It is argued that play proceeds on the basis of a fundamental pretence of reality that must be taken seriously by its participants; this discussion includes (...) considerations of serious and ironical play, “playing-at”, and travesty. (shrink)

This paper argues against the conception of sport as theatre. Theatre and sport share the characteristic that play is set in a conventionally-defined hypothetical reality, but they differ fundamentally in the relative importance of audience and the narrative point of view. Both present potential for participants for development of selfhood through play and its personal possibilities. But sport is not essentially tied to audience as is theatre. Moreover, conceptualising sport as a form of theatre valorises the spectator’s narrative as normative (...) for sport experience over that of the participant athlete or player, eliding player experience. Imposition of external narratives over experience risks fossilising interpretation and inhibits the beneficial effects of play for self-realisation, especially as a form of self-examination and creation through internal self-narrative. (shrink)

This paper refines a number of theoretical distinctions relevant to deceptive play, in particular the difference between merely misleading actions and types of simulation commonly considered beyond the pale, such as diving. To do so, I rely on work in the philosophy of language about conversational convention and implicature, the distinction between lying and misleading, and their relation to concepts of seduction and bullshit. The paper works through a number of possible solutions to the question of what is wrong with (...) simulation and its difference from strategic fouling, including the argument that games and their rules operate like contracts. I conclude that the wrongness lies in the injustice of unfair advantage gained through actions that silence opposition by resort to unanswerable play. (shrink)

Ambiguity in the athlete’s perception and description of pain that opens the door to a series of reinterpretations of athletic experience and events that argue the development of an increasingly inauthentic relation to self and others on the part of those who consume performance as third parties (spectators) and ultimately those who produce it first hand (athletes). The insertion of the spectator into the sport situation as a consumer of the athlete’s activity and the preference given to spectator interpretation shift (...) control of meaning away from the athlete and encourage a demand for athlete suffering in aid of the spectator’s own need for meaning. Through discussions of the function of narrative in sport spectacle, the witnessing role of spectators, and the phenomenon of vicarious substitution, I discuss the representation of the athlete as a character ideal and moral exemplar. At a more developed level of external interpretation, the athlete (or team) becomes the champion of the spectator, the role model or focal point of civic pride whose victory asserts the ascendence of my team and town over yours; and finally, the athlete or team is the intentional object of fan identification: my team is me. I conclude that the existential commitment of the spectator as devoted fan is an inauthentic one. (shrink)

I argue that understanding the self in terms of narrative construction does not preclude the possibility of error concerning one’s own self. Identity is a projection of first and second-order desires and a product of choice in relation to desire. Self-deceit appears in this connection as a response to an identity that one has constructed through choice and/or desire but not acknowledged in one’s self-account, reflecting a conflict between desires or a motivated failure to account. This analysis is applied primarily (...) to acknowledgement of one’s sexual identity. (shrink)

I respond to a hypothetical critique of sport, drawing on primarily post-modernist sources, that would view the high performance athlete in particular as a product of the application of technical disciplines of power and that opposes sport and play as fundamentally antithetical. Through extensive discussion of possible definitions of play, and of performance, I argue that although much of the critique is valid it confuses a method of sport for the whole of it. Play is indeed a noncompellable spontaneity, but (...) one that involves the improvisational transformation of the technical skills of a sport within the context of a dynamic situation. Technique is a condition of heightened play; it does not produce it. This also means that the best play is not undisciplined. Play and sport can exist apart, but both are better combined. (shrink)

Results: We analyzed 1,402 surveys and 15 in-depth interviews. Many (32%) CL participants reported greater difficulty refilling medications and a minority (14%) reported greater difficulty accessing HIV care during the pandemic. Most (99%) Opt4Mamas participants reported no difficulty refilling medications or accessing HIV/pregnancy care. Among the CL participants, older women were less likely (aOR = 0.95, 95% CI: 0.92–0.98) and women with more children were more likely (aOR = 1.13, 95% CI: 1.00–1.28) to report difficulty refilling medications. Only 2% of (...) CL participants reported greater difficulty managing FP and most (95%) reported no change in likelihood of using FP or desire to get pregnant. Qualitative analysis revealed three major themes: (1) adverse organizational/economic implications of the pandemic, (2) increased importance of pregnancy prevention during the pandemic, and (3) fear of contracting COVID-19. (shrink)

This paper is founded on the assumption that Philippine Studies has five different discouses: 1) Philippine studies as a neutral discourse; 2) colonial Philippine studies as a discourse that is based on western power and reinforces such power; 3) generic postcolonial Philippine studies as a discourse that critiques western hegemony; 4) Pilipinolohiya as a specific postcolonial discourse that was inaugurated by Prospero Covar; and 5) pantayong pananaw as another specific postcolonial discourse that was inaugurated by Zeus Salazar. Malay Journal, on (...) the other hand, is a scholarly periodical intended for researchers in the field of Philippine studies who use the Filipino language. Currently, it is the most respected journal that is exclusively published in Filipino language, based on the fact that it is accredited by the Commission on Higher Education and listed in a number of international abstracting and indexing organizations. This paper intends to establish which among these five discourses of Philippine studies is the most dominant in as far as the articles of the said journal are concerned. In order to attain such goal, this paper analyzed 50% random sample of the articles that were published from 2011, when the journal had completed its shift towards Philippine studies, up to 2015, the present complete year of publication for the said journal. (shrink)

This tutorial is for beginners wanting to learn the basics of propositional logic; the simplest of the formal systems of logic. Leslie Allan introduces students to the nature of arguments, validity, formal proofs, logical operators and rules of inference. With many examples, Allan shows how these concepts are employed through the application of three different methods for proving the formal validity of arguments.

In this address, Leslie Allan shares his early experiences and how they shape his humanist outlook today. He then outlines what he considers to be the three core principles underlying the humanist world view and illustrates their application with historical and contemporary examples. He concludes by drawing upon each of these principles to tease out what it means to live a good life; a life of meaning and purpose.

As a non-cognitivist analysis of moral language, Charles Stevenson's sophisticated emotivism is widely regarded by moral philosophers as a substantial improvement over its historical antecedent, radical emotivism. None the less, it has come in for its share of criticism. In this essay, Leslie Allan responds to the key philosophical objections to Stevenson's thesis, arguing that the criticisms levelled against his meta-ethical theory rest largely on a too hasty reading of his works.

Leslie Allan reviews Professor Losee's tracing of the history of the philosophy of science from its beginning with Aristotle in Ancient Greece, through the Middle Ages and the Enlightenment to the work of contemporary philosophers. In this review, Allan also provides a summary of each chapter and commentary on Losee's analysis.

Donald Hoffman proposed a bold theory—that objects do not exist independently of us perceiving them and that all that really exists is conscious agents. In this critical review, Leslie Allan examines the three core components of Hoffman's new idealism. He proposes solutions to linguistic absurdities suffered by Hoffman's theory before considering its most serious problems. These include oversimplifications of evolutionary theory, self-refutation, heuristic sterility and dependence on scientific realism.

Math prospective teachers must be able to think creatively and solve problems. The study looked into preservice teachers’ creative thinking and problem-solving abilities in statistics. The investigation was guided by a correlational design in a public university in the Philippines. Stratified random sampling was used to select the 103 study participants from two teacher education programs. Through google forms, data were collected using Torrance et al. (2008)’s tests of creative thinking and researcher-made statistics problem test. The findings revealed that preservice (...) teachers have commendable creative thinking, particularly fluency, flexibility, and elaboration skills. Still, they lack problem-solving skills in statistics, specifically with central tendency, dispersion, and position measures. The correlational analysis revealed no link between creative thinking and problem-solving. Still, creative thinking and problem-solving courses are recommended to help preservice teachers develop their fundamental skills as mathematics educators. (shrink)

This paper explores the role of generics in social cognition. First, we explore the nature and effects of the most common form of generics about social kinds. Second, we discuss the nature and effects of a less common but equally important form of generics about social kinds. Finally, we consider the implications of this discussion for how we ought to use language about the social world.

The author contends that classifying theories in the field of meta-ethics along a single dimension misses important nuances in each theory. With the increased sophistication and complexity of meta-ethical analyses in the modern era, the traditional cognitivist–non-cognitivist and realist–anti-realist categories no longer function adequately. The author categorizes the various meta-ethical theories along three dimensions. These dimensions focus on the linguistic analysis offered by each theory, its metaphysical commitments and its degree of normative tolerance.

The soul-making theodicy seeks to explain how belief in the existence of God is compatible with the evil, pain and suffering we experience in our world. It purports to meet the problem of evil posed by non-theists by articulating a divine plan in which the occurrence of evil is necessary for enabling the greater good of character building of free moral agents. Many philosophers of religion have levelled strong objections against this theodicy. In this essay, Leslie Allan considers the (...) effectiveness of the counterarguments advanced by theist philosopher, Clement Dore, to two key objections to the soul-making theodicy. (shrink)

Leslie Allan defends his thesis that ethics is objective in the sense of requiring moral agents to offer impartial reasons for acting. Radical subjectivists have attacked this requirement for impartiality on a number of grounds. Some critics make the charge that Allan's thesis is simply a version of subjectivism in disguise. He responds by showing how a broadly naturalist view of ethics accommodates objective moral constraints. Allan also counters cases in which impartiality is purportedly not morally required and considers (...) the subjectivists' response to the problem of demarcating moral from non-moral judgements. (shrink)

God seemingly had a duty to create minds each of infinite worth through possessing God-like knowledge. People might object that God’s own infinite worth was all that was needed, or that no mind that God created could have truly infinite worth; however, such objections fail. Yet this does not generate an unsolvable Problem of Evil. We could exist inside an infinite mind that was one among endlessly many, perhaps all created by Platonic Necessity. “God” might be our name for this (...) Necessity, or for the infinite mind inside which we existed, or for an infinite ocean of infinite minds. (shrink)

Imre Lakatos holds a well-deserved primary place in current philosophy of science. In this essay, Leslie Allan critically examines Lakatos' theory of knowledge in two key areas. The first area of consideration is Lakatos' notion that knowledge is gained through a process of competition between rival scientific research programmes. Allan identifies and discusses four problems with Lakatos' characterization of a research programme. Next, Allan considers Lakatos' proposed test of adequacy for theories of rationality using his methodology of historiographical research (...) programmes. Allan discovers tensions within Lakatos' criteria and suggests ways of strengthening his test. (shrink)

This paper is basically a presentation of the tenets of Pierre Bourdieu’s philosophy in a language and level that can be easily understood by Filipino students and scholars of philosophy, cultural studies and Philippine studies. The discussion of Bourdieu’s philosophy revolves around 1) his concepts of habitus, field and symbolic violence; 2) his critique of television; 3) his theory of capitals; 4) some implications of his theory of capitals; and 5) his being public intellectual. The ultimate aim of this paper (...) is to suggest some aspects and dimensions of Philippine society and culture that can be analyzed using some of bourdieu’s thoughts as interpretive frameworks, as well as to challenge the said Filipino students and scholars of philosophy, cultural studies and Philippine studies to creatively and effectively appropriate such theories for the enrichment of the theoretical corpus of Philippine studies. This paper is part of a series of similar works done by one of the co-authors that dealt with Adorno, Schleiermacher and Dilthey, Heidegger, Gadamer and Bultmann, and Lyotard. (shrink)

The author mounts a case against the libertarian and hard determinist's thesis that free will is impossible in a deterministic world. He charges incompatibilists with misconstruing ordinary 'free will' talk by overlaying common language with their own metaphysical presuppositions. Through a review of ordinary discourse and recent developments in jurisprudence and the sciences, he draws together the four key factors required for an act to be free. He then puts his 4C theory to work in giving a credible account of (...) how caused human agents 'could have done otherwise'. (shrink)

Conservative and liberal approaches to the problem of abortion are oversimplified and deeply flawed. Accepting that the moral status of the conceptus changes during gestation, the author advances a more nuanced perspective. Through applying a form of rules in practice utilitarianism within the context of overall population policy, he provides a compelling ethical and legal framework for regulating contraception and abortion practices.

The existence of evil, pain and suffering is considered by many philosophers to be the most vexed question concerning the existence of an omnipotent, omniscient and morally perfect deity. Why would a loving God permit wanton acts of cruelty and misery on the scale witnessed throughout human history? In this essay, Leslie Allan evaluates four common theistic responses to this problem, highlighting the benefits and challenges faced by each approach. He concludes with a critical examination of a theistic defence (...) designed to show that the problem of evil is not a problem at all. (shrink)

In his seminal essay, 'Two Concepts of Rules', John Rawls draws a central distinction between justifying a practice and justifying a particular action falling under it. In this review, Leslie Allan walks through Rawls's essay, highlighting his key arguments for a strengthened version of rule utilitarianism and reflecting on the lasting influence of his analysis.

The materialist version of the mind/brain identity theory has met with considerable challenges from philosophers of mind. The author first dispenses with a popular objection to the theory based on the law of indiscernibility of identicals. By means of discussing the vexatious problem of phenomenal qualities, he explores how the debate may be advanced by seeing each dualist and monist ontology through the lens of an evolutionary epistemology. The author suggests that by regarding each ontology as the core of a (...) scientific research programme, each of these logically irrefutable hypotheses can be tested rationally. (shrink)

Absolutist systems of ethics have come in for harsh criticism on a number of fronts. The Principle of Double Effect was formulated by Catholic ethicists to overcome such objections. In this essay, Leslie Allan addresses four of the most prominent problems faced by an absolutist ethic and evaluates the extent to which the Principle of Double Effect is successful in avoiding or mitigating these criticisms.

Enlightenment philosopher, René Descartes, set out to establish what could be known with certainty, untainted by a deceiving demon. With his method of doubt, he rejected all previous beliefs, allowing only those that survived rigorous scrutiny. In this essay, Leslie Allan examines whether Descartes's program of skeptical enquiry was successful in laying a firm foundation for our manifold beliefs. He subjects Descartes's conclusions to Descartes's own uncompromising methodology to determine whether Descartes escaped from a self-imposed radical skepticism.

Some atheistic philosophers have argued that God could have created a world with free moral agents and yet absent of moral evil. Using possible world semantics, Alvin Plantinga sought to defuse this logical form of the problem of evil. In this critical note, Leslie Allan examines the adequacy of Plantinga's argument that the existence of God is logically compatible with the existence of moral evil. The veracity of Plantinga's argument turns on whether his essential use of counterfactual conditionals preserves (...) the logic of this type of conditional. (shrink)

The ontological argument for the existence of God has enjoyed a recent renaissance among philosophers of religion. Alvin Plantinga's modal version is perhaps the most notable example. This essay critically examines Plantinga's rendition, uncovering both its strengths and weaknesses. The author concludes that while the argument is probably formally valid, it is ultimately unsound. Nonetheless, Plantinga's version has generated much interest and discussion. The author spends some time uncovering the reasons for the argument's powerful intuitive appeal. He concludes his essay (...) by appraising Pruss's recent defence of Plantinga's argument. (shrink)

The concept of acting intentionally is an important nexus where ‘theory of mind’ and moral judgment meet. Preschool children’s judgments of intentional action show a valence-driven asymmetry. Children say that a foreseen but disavowed side-effect is brought about 'on purpose' when the side-effect itself is morally bad but not when it is morally good. This is the first demonstration in preschoolers that moral judgment influences judgments of ‘on-purpose’ (as opposed to purpose influencing moral judgment). Judgments of intentional action are usually (...) assumed to be purely factual. That these judgments are sometimes partly normative — even in preschoolers — challenges current understanding. Young children’s judgments regarding foreseen side-effects depend upon whether the children process the idea that the character does not care about the side-effect. As soon as preschoolers effectively process the ‘theory of mind’ concept, NOT CARE THAT P, children show the side-effect effect.idea.. (shrink)

In this article I provide an overview of the moral and medical questions surrounding the use of cognitive enhancers. This discussion will be framed in light of 4 key considerations: (1) is there a difference between therapy and enhancement? (2) How safe are these interventions? (3) Is the use of nootropics cheating? (4) Would enhancers create a further divide of social inequality where only the very wealthy have access to them?

This essay explores the moral reasoning underpinning the common view that it is worse to kill a human compared with killing an animal. After examining the serious deficiencies of traditional approaches, the author develops an alternative utilitarian-based framework that proportions the seriousness of killing to levels of sentience. He demonstrates how this new approach avoids the problems faced by the application of standard utilitarian formulae in weighing the seriousness of killing many low-sentience animals vis-á-vis killing a single human. The author (...) concludes with a discussion of how this new approach overcomes the difficulties faced by Peter Singer’s dualist form of utilitarianism. (shrink)

Metaphysical dualities divorce humankind from its natural environment, dualities that can precipitate environmental disaster. Loyal Rue in Religion Is Not About God seeks to resolve the abstract modalities of religion and naturalism in a unified monistic ecocentric metaphysic characterized as religious naturalism. Rue puts forward proposals for a general naturalistic theory of religion, a theory that lays bare the structural and functional features of religious phenomena as the critical first step on the road to badly needed religion- science realignment. Only (...) then will humanity be equipped to address the environmental imperative. (shrink)

Hayek’s philosophical psychology as set out in his The Sensory Order (1952) has, for the most part, been neglected. Despite being lauded by computer scientist grandee Frank Rosenblatt and by Nobel prize-winning biologist Gerald Edelman, cognitive scientists -- with a few exceptions -- have yet to discover Hayek’s philosophical psychology. On the other hand, social theorists, Hayek’s traditional disciplinary constituency, have only recently begun to take note and examine the importance of psychology in the complete Hayek corpus. This volume brings (...) together for the first time state-of-the-art contributions from neuroscientists and philosophers of mind as well as economists and social theorists, all critically engaging in many aspects of Hayek’s philosophical psychology. (shrink)

The thesis that Dennett argues for in Breaking the Spell: Religion as a Natural Phenomenon has a double aspect. First, religion being but one natural phenomenon among many should be subject to scientific investigation. Resistance to this notion constitutes the first spell or taboo and is in complicity with the second “master” spell, that of the phenomenon of religion itself. Dennett’s tentative naturalistic recommendation is two-pronged: he primarily deploys an evolutionary biology perspective, and derivatively a highly suggestive appeal to memetics. (...) To acknowledge that religion is natural “is only the beginning of the answer, not the end”. Religion as a natural phenomenon has to answer to Dennett’s Darwinist refrain — cui bono? (to whose advantage?). And derivatively, how or why highly exotic and implausible supernatural religious ideas (or memes) are transmitted and sustained? Humankind, naturally disposed cause-seeking creatures, are inclined to hypostasize all manner of beliefs (virtual agents free to evolve to amplify our yearnings or our dreads — when explanation of some phenomenon is not forthcoming — this constitutes the “master” spell. (shrink)

When the benefits of surgery do not outweigh the harms or where they do not clearly do so, surgical interventions become morally contested. Cutting to the Core examines a number of such surgeries, including infant male circumcision and cutting the genitals of female children, the separation of conjoined twins, surgical sex assignment of intersex children and the surgical re-assignment of transsexuals, limb and face transplantation, cosmetic surgery, and placebo surgery.

Karl Marx, Emile Durkheim, Leslie White, Allen Johnson and Timothy Earle, and Stephen Sanderson all produced some of the more interesting theories of history, social change and cultural evolution but their theories have a common deficiency. None of them provide an ultimate explanation for social, cultural and historical change. This failure was rectified by J. S. Mill who suggested increasing human knowledge was the ultimate cause of social, cultural and historical change. However even Mill did not ask what caused (...) the increasing human knowledge and why the knowledge had to be acquired in a particular order and how this could affect human history. (shrink)

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a (...) problem for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (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)