In a "parenthesis of fascinated horror" before "the complete discovery and subjection of the body to science", Renaissance anatomists and poets shared peculiar emotions of dread and desire towards the bodies they dissected and described. Jonathan Sawday's ambitious project is to evoke the common taboos, resistances, and fears which the human body provoked in its various early modern investigators, while telling "stories of terrible cruelty, which are tinged by a form of dark eroticism". He is justifiably proud of the historical (...) range of his study, across medicine, cartography, literature, the law, myth, art, theology, social history, and philosophy. But he seeks more than a synthesis of these disparate domains, hoping also both to sketch a new grand narrative about conceptual, practical, and phenomenological changes regarding the body, and further "if not to dispel, then at least to explain" our own multiple, ambiguous feelings about our innards. Thus he marvellously maintains simultaneous attention to culture and psychology, combining high theory with historical precision in rare and risky fashion. (shrink)

In ‘Equity and Marxist Buddhism,’ Tzu-wei Hung engages with the Marxist Buddhism developed by Taiwanese philosopher Lin Qiu-wu in the 1920s, brings this underexplored theory to the table and discusses a few merits and insights of the theory. Building on Hung’s analysis, this paper paper elaborates on the lessons and insights that Taiwanese Marxist Buddhism provides for modern times. The first three lessons are distinctive points that Taiwanese Marxist Buddhism brings to the discussion on combining Marxism and Buddhism: the connections (...) between the ethical and political, the responsibility for pursuing social justice and the nonviolence means towards social justice. The last lesson comes at the meta-philosophical level, focusing on how Hung’s engagement with Taiwanese Marxist Buddhism sheds light on the issue of diversifying the discipline philosophy. Overall, I argue that Taiwanese Marxist Buddhism not only makes contributions to theoretical frameworks while providing a practical means for pursuing equity and social justice, but it also manifests the epistemic and moral values for engaging with under-represented philosophical traditions. (shrink)

This paper summarizes the evolution of analytic philosophy in Taiwan, examines its impact within and beyond academia, and discusses the future of the discipline. The roots of modern philosophy in Taiwan can be traced back to the Japanese colonial era, and analytic philosophy was introduced to the country in the late 1940s when many intellectuals in China moved to Taiwan. However, massive curbs were imposed on philosophy during Chiang Kai-shek’s dictatorship, and the discipline began to thrive again only after Taiwan’s (...) democratization in the late 1980s. Nonetheless, since its introduction in the colonial era, modern philosophy has made significant contributions in Taiwan, encouraging interdisciplinary engagements, advancing civic education, and promoting the spirit of democracy and political liberation. Philosophy has played a key role in Taiwan’s remarkable transformation from an island colonized for hundreds of years to a country that recognizes democracy, freedom, and human rights. The themes of anti-colonialism and anti-domination seen in the works of modern Taiwanese philosophers not only reflect the discipline’s political and historical underpinnings but also signal how Taiwanese philosophy can acquire a distinct identity, despite being influenced by many other philosophical traditions. While still at a nascent stage, Taiwanese philosophy has the potential to join forces with other philosophical traditions in advancing the vision of decolonizing philosophy. (shrink)

Structural injustice exists when the influence of social structure exposes some groups of people to undeserved burdens while conferring unearned power to others. It has been argued that the responsibility for addressing structural injustices should be shared among those participating in the social structure and can only be discharged through collective action; however, the proper form of collective action does not happen easily. To address structural injustice effectively, we need to gain clarity on the practical challenges that are involved and (...) explore possible means of implementing shared responsibility. This chapter thus aims to contribute to the study of addressing structural injustice in the following two ways. First, building on previous studies, I categorize three forms of practical challenges that have been encountered by existing proposals for discharging shared responsibility for structural injustice. Second, I offer an alternative proposal, which I will refer to as the deliberative mini-public proposal, and argue that it has the potential to mobilize structural change and better overcome the identified practical challenges. (shrink)

This study explores the connections between time, travel, and creative acts such as painting and poetry, highlighting the similarities that unite these themes. It also focuses on the relationships between the East and the West in regards to these subjects, and posits that travel can be understood as an active form of meditation. The study argues that the meaning of wanderings can be found by learning to make them conscious, and that there has been a deep reflection on time, consciousness, (...) and mobility since ancient times. (shrink)

Although the idea that sexual violence is a “structural” problem is not new, the lack of specification as to what that entails blocks effective responses to it. This paper illustrates the concept of sexual violence as structural in the sense of containing a type of moral wrong called “structural wrong” and discusses its practical implications. First, I introduce a distinction between two types of moral wrongs—interactional wrongs and structural wrongs—and I argue that the moral problem of sexual violence includes both (...) types, each of which calls for a different set of moral responses. Second, drawing on Iris Marion Young’s social connection model of responsibility, I argue that recognizing the structural-wrong element of sexual violence does not reduce individual perpetrators’ responsibility for it. Instead, it implies that a broader group of agents are required to join collective actions to reform the social structure. I conclude by evaluating some preventive programs against sexual violence through the lens of structural wrongs and providing directions to advance them. (shrink)

Matti Eklund (2017) has argued that ardent realists face a serious dilemma. Ardent realists believe that there is a mind-independent fact as to which normative concepts we are to use. Eklund claims that the ardent realist cannot explain why this is so without plumping in favor of their own normative concepts or changing the topic. The paper first advances the discussion by clarifying two ways of understanding the question of which normative concepts to choose: a theoretical question about which concepts (...) have the abstract property of being normatively privileged and a further practical question of which concepts we are to choose even granting some concepts are thus privileged. I argue that the ardent realist’s best bet for answering the theoretical question while avoiding Eklund’s dilemma is to provide a real definition of this property. I point out the difficulties for providing such a definition. I then argue that even with an answer to the theoretical question, the ardent realist faces a further dilemma in answering the practical question. In sum, though I see no knock-down argument against ardent realism, it may nonetheless die a death by a thousand cuts. I close by considering a deeper reason for why ardent realism is so difficult to defend: every argument starts somewhere. It is unclear how there can be an Archimedean point that makes no reference to any normative concepts that can nonetheless be employed to convince everyone to adopt ours. I then briefly propose two options for someone still inclined towards realism: (i) accept that our normative concepts are normatively privileged without attempting to explain why this is so, or (ii) be less ardent and accept a perspective-dependent account of normativity. (shrink)

What distinguishes low, middle, and high art? In this article, I give an ameliorative analysis of these concepts. On what I call the Capacity View, the distinction between low, middle, and high art depends on the relation between an artwork’s perceiver (specifically her aesthetic responsive capacities) and the perceived artwork. Though the Capacity View may not align perfectly with folk usage, the view is worth our attention due to three attractive upshots. First, it explains how an artwork’s status level can (...) be elevated or lowered over time and why biases can lead to mistaken judgments about such statuses. Second, it sheds light on the idea of cultural inheritance and why certain forms of aesthetic deference may be justified. Finally, it explains how high, middle, and low art each make distinctive contributions to the good life. (shrink)

The rationalist lover accepts that whom she ought to love is whom she has most reason to love. She also accepts that the qualities of a person are reasons to love them. This seems to suggest that if the rationalist lover encounters someone with better qualities than her beloved, then she is rationally required to trade up. In this paper, I argue that this need not be the case and the rationalist lover can have just about as normal if not (...) a better romantic life than anyone could hope for. This is because we often do possess most reason to love our beloveds. To see why this is so, we have to think more carefully about (i) how we come to possess reasons for love and (ii) the higher-order reasons that govern whether we should seek or refrain from possessing said reasons. Reflection on these issues leads to what I call the Possession-Commitment Account of Love’s Reasons. I use this account to address additional worries for love rationalism and highlight how being rational about love can potentially get us out of romantic messes. I conclude that if being a rationalist about love is plausible after all, then we have reason to hope that being rational about other areas of our practical lives is plausible as well. (shrink)

Spinoza's political writings are not merely a theoretical exercise or a philosophical conclusion of his system. They are part of a very practical political discussion in seventeenth-century Holland. Spinoza was influenced by and played a role in a political movement known as "Radical Cartesianism", which combined ideas from Descartes and Hobbes in order to argue against the reinstatement of a stadholder. This movement provided arguments for religious and philosophical freedom and against monarchy based on a fundamental drive of self-preservation and (...) a particular understanding of the passions. This paper provides a general introduction to Radical Cartesianism by explaining its historical context and discussing two Radical Cartesian voices: Lambertus van Velthuysen and the brothers De la Court. The final section discusses Spinoza's political philosophy as a systemization of their Radical Cartesian ideas. (shrink)

In 1675, Burchard de Volder became the first university physics professor to introduce the demonstration of experiments into his lectures and to create a special university classroom, The Leiden Physics Theatre, for this specific purpose. This is surprising for two reasons: first, early pre-Newtonian experiment is commonly associated with Italy and England, and second, de Volder is committed to Cartesian philosophy, including the view that knowledge gathered through the senses is subject to doubt, while that deducted from first principles is (...) certain. On the surface, it is curious that such a man would bring experiments to university physics. After all, in demonstrating experiments to his students, he was teaching them through their senses, not reason. However, if we consider the institutional context of de Volder’s teaching, we come to see de Volder’s Cartesian experimentalism as representative of a certain form of pre-Newtonian Dutch Cartesian science, as well as part of a larger tradition of teaching through observation at the University of Leiden. Considering de Volder’s institutional context will help us see that de Volder’s experimentalism was not in spite of his Cartesianism, but motivated by it. This paper will describe de Volder’s physics curriculum, the Theatre in which it was taught and how his work predates similar efforts in other European Universities. The second part will consider three aspects of the culture at the University of Leiden: a tradition of teaching through observation, a particular reception of Cartesianism, and an eclectic approach to the New Philosophy. The concluding portion shows how de Volder would have understood his enterprise in Cartesian terms. (shrink)

Beyond the eras a dialogue seems to have been established between Bruegel the Elder (1525-1569) and Antonin Artaud (1896-1948). The poet’s wonder at the « painting of the North », both realistic and emblematic, reveals his deepest ideal as an artist : painting, a « magical » operation, deploys a power of expression based on signs and no longer on words, which the theatre is also called upon to seize. The juxtaposition of Bruegel’s Triumph of Death and a famous drawing (...) by Artaud, Le Théâtre de la cruauté [The Theatre of Cruelty], highlights the striking convergences between the two artists. Through their pictorial works, both of them renew over the centuries the funerary and mythical symbolism of death, inherited from the macabre scenes of medieval paintings, but also from ancient times. Studying the references to theatrical iconography in Bruegel’s painting, where carnival and crudity of death reinforce each other, allows us to deepen the meaning of these resonances. For the two artists, form and poetic momentum meet so that representation, as a structure common to painting and theatre, fixes a moment of the world, while animating that moment to infinity, thanks to signs conceived as « true hieroglyphs » (Artaud), a problem that Michel Foucault associated with the strongest truth that the experience of madness carries. (shrink)

Edvard Munch (Løten, 1863 — Ekely, 1944), Antonin Artaud (Marseille 1896–Paris 1948): deux artistes bouleversés par des conditions de santé fragile et par des crises nerveuses. Une relation s’instaure entre eux. Chacun, de manière particulière, invite le spectateur à réviser son rapport avec la mort, la mélancolie et les forces de la nature. Tantôt cette relation s’exprime dans les écrits personnels d’Artaud ; tantôt elle apparaît dans le rapprochement que nous pouvons faire entre les oeuvres graphiques d’Artaud, qui mettent en (...) exergue l’influence qui a exercé le peintre norvégien dans sa démarche artistique. Plus tard, l’approximation d’Artaud à la peinture devient plus évidente. Lui-même, non seulement poète et homme de théâtre, est aussi dessinateur et, comme témoigne nombre de ses documents écrits, porte une grande appréciation par l’art d’El Greco, Bosch, Lucas de Leyde, Bruegel et Goya. Cette étude comparative vise analyser le processus d’intertextualité qui accompagne Artaud tout au long de sa vie et qui commence précocement, quand il observe et traduit les références recueillies d’après d’autres artistes. Avec ceux-ci, il est possible de tracer une correspondance, non seulement artistique, mais aussi biographique avec Artaud. Ce projet présente des contributions pour la critique littéraire d'Antonin Artaud. Même si d'autres études ont fait le rapport entre son œuvre et la peinture, et celle d’Edward Munch, il y n’existe aucune étude plus détaillé autour du sujet. (shrink)

L’une des activités de l’imagination, opération qui prend sa source dans l’imaginaire, consiste à faire des parcours dans l’espace et dans le temps du monde. Le flâneur parcoure des variations de paysages et d’horizons, comme une séquence imaginative. Il existe une liaison logique entre la marche, le récit, la peinture et le mythe : dans chacun de ces cas, l’imagination est fortement stimulée. Chacun d’entre eux est un moyen de cheminer selon des voies vers une Vérité supérieur. La marche est, (...) pour l’individu, une quête à plusieurs dimensions : quête de connaissances sur le monde, sur soi-même ; quête de sa véritable identité ou quête d’une Vérité supérieure (comme dans le cas des pèlerinages) ; le mythe, la religion, la peinture et l’écriture sont, de même, des expressions des cheminements vers telle ou telle Vérité. Le thème de la marche nous offre donc l’occasion de porter un regard particulier sur l’esprit hétéroclite du voyageur, collectionneur d’objets, de traces. Mais aussi, au contraire, du sujet qui s’évide, comme chez les taoïstes. Cet essai vise réfléchir sur le parcours du voyageur en insistant sur les liens multiples qui président au temps, à l’acte de marcher, et celui de la réflexion esthétique, en spécial, la peinture et la poésie. Cependant, si ces réflexions nous poussent vers une considération sur le temps et la durée, nous essayons ici de les conduire sur les liens entre l'Orient et l'Occident à cet égard. (shrink)

Um exemplar do livro intitulado Notas sobre a arte chinesa, publicado pelo colecionador José Vicente Jorge em 1940 e reeditado em 1995 pelo Instituto Cultural de Macau, encontra-se no acervo do Real Gabinete Português de Leitura, o qual pretendemos explorar. Apontamos a obra de um colecionador como ponto de partida para a observação de seu papel como mediador linguístico e cultural. A escolha das obras que compõem seu catálogo de objetos artísticos fornece uma descrição cronológica da arte chinesa e das (...) suas principais produções em cada dinastia. Ademais, analisaremos as obras de um pintor atuante em Macau na época em que Jorge escrevera suas Notas. Assim, veremos de que maneira a obra pictórica de Fausto Sampaio insere-se na tradição naturalista de pintura que, desde meados do século XIX, procura fixar em telas a diversidade dos costumes nacionais. Sampaio vem a ser testemunha ocular do Império ultramarino português. Estudaremos como suas imagens foram instrumentalizadas com fins políticos, desempenhando um papel na construção de uma identidade nacional continuamente evocada pela propaganda do Estado Novo. (shrink)

Cet essai vise réfléchir sur le parcours du voyageur en insistant sur les liens multiples qui président à l’acte de marcher et à celui de la réflexion esthétique, en spécial, la peinture, la poésie et la performance. Si ces réflexions nous poussent vers une considération sur le temps et sa durée, nous essayons ici de les conduire sur les rapports entre l'Orient et l'Occident à cet égard. Nous allons illustrer ces différences et similitudes à travers la comparaison entre l’ascension du (...) mont Ventoux per Francesco Pétrarque (Arezzo 1304 – 1374 Arquà) et l’ascension du mont Lu per François Cheng (né à Nanchang 1929). -/- This essay reflects on the course of the traveler, emphasizing several links that govern the act of walking, aesthetics, with special attention to painting, poetry and performance. We hope to see how the East and the West reflect time and duration. We aim to illustrate these differences and similarities by comparing the ascent of the Mount Ventoux, by Francesco Petrarca (Arezzo 1304-1374 Arquà), and the ascent of the Mount Lu, by François Cheng (born in Nanchang 1929). (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if we fail to (...) distinguish between scientific and metaphysical explanations. However, Lange (2013, 2018) has argued that scientific and metaphysical explanations are linked by a transitivity principle, which would undercut Loewer's defense and re-ignite the circularity worry for the Humean. I argue here that the Humean has antecedent reasons to doubt that there are any systematic connections between scientific and metaphysical explanations. The reason is that the Humean should think that scientific and metaphysical explanation have disparate aims, and therefore that neither form of explanation is beholden to the other in its pronouncements about what explains what. Consequently, the Humean has every reason to doubt that Lange's transitivity principle obtains. (shrink)

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, (...) ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

David Armstrong accepted the following three theses: universals are immanent, laws are relations between universals, and laws govern. Taken together, they form an attractive position, for they promise to explain regularities in nature—one of the most important desiderata for a theory of laws and properties—while remaining compatible with naturalism. However, I argue that the three theses are incompatible. The basic idea is that each thesis makes an explanatory claim, but the three claims can be shown to run in a problematic (...) circle. I then consider which thesis we ought to reject and suggest some general lessons for the metaphysics of laws. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

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

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better or worse. Indeed, (...) for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of being normative (...) that it cannot account for, it is an error to suppose that law is normative in any of those ways. (shrink)

Does the moral status of an action provide in itself a non-instrumental, pro-tanto reason for a corresponding legal status – a reason that applies regardless of whether the law promotes a value that is independent of the law, such as preventing wrongdoing or promoting distributive or retributive justice? While the relation between morality and law is a familiar topic, this specific question is typically not considered explicitly. Yet it seems to be controversial and each of the contrasting answers to this (...) question has some appeal. The article highlights and considers this question. it concludes that the answer is negative: there is no necessary relation between morality and law in this respect. Rather, there is a reason in favor of incorporating morality into the law only when this incorporation promotes a moral value that is independent of the law. (shrink)

Three metascientific concepts that have been object of philosophical analysis are the concepts oflaw, model and theory. The aim ofthis article is to present the explication of these concepts, and of their relationships, made within the framework of Sneedean or Metatheoretical Structuralism (Balzer et al. 1987), and of their application to a case from the realm of biology: Population Dynamics. The analysis carried out will make it possible to support, contrary to what some philosophers of science in general and of (...) biology in particular hold, the following claims: a) there are "laws" in biological sciences, b) many of the heterogeneous and different "models" of biology can be accommodated under some "theory", and c) this is exactly what confers great unifying power to biological theories. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...) of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

The object of this paper is to elaborate an understanding of Islamic law and legal theory in terms of the conceptual framework provided by Legal Positivism. The study is not based on denying or contesting the claim of Islamic law to being of divine origin; rather, it is based on the historical reality of Islamic law as part of a (once) living legal tradition, with structure, method, and theory, regardless of claims of origin. It will be suggested that Ash‘arism may (...) be taken as providing an Islamic version of Legal Positivism, and that the objections which Mu‘tazilism raised in the face of Ash‘arism were not different in substance from some of the objections that have been directed at contemporary Legal Positivism. It will also be suggested that the Ash‘arites and the Mu‘tazilites were not opposed to each other in the way they are commonly supposed to have been. Rather, they were preoccupied with different notions of what it is to be obliged (to have an obligation) to do something. (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

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 (...) certain higher-level laws describing the behaviours of molecular compounds may be necessary due to their dependence on underlying physical laws, and that the modal status of laws of nature cannot be determined a priori, as the structural features of the substances and properties they govern must first be investigated. (shrink)

What is the moral law and what role does it and should it play in political theory and political practice? In this entry we will try to answer these important questions by first examining what the moral law is, before investigating the different ways in which the relationship between morality and politics can be conceptualized.

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

I respond to some challenges to Humean laws deriving from the claimed non-resilience of such laws under counterfactual assumptions.