This essay reads Oakeshott’s views on practice, politics, and aesthetics in the manner of the ‘hypothetical history’ of civilization in Rousseau’s Second Discourse. Under conditions of progress in the arts and sciences the future-oriented world of practice suffers under the law of ruin and practical selves become more inept at acting practically over time. This degeneration has a direct impact on the two tasks of civil association: progress favors the accumulation of power with its future-oriented temporality while it undermines (...) the cultivation of authority which is past-orientation. But only authority is the distinct concern of civil association. Consequently, civil association requires from its ruling offices to be increasingly artful in managing the imbalance between the two. Aesthetics with its temporality of presentness may come to their aid as it restores the present world from the oblivion of progressive practice by detaching its components from practical use. The political art thus requires the protection of the voice of poetry from the tendency of practice to overgrow its own boundaries. This dependence of politics on aesthetics is symbolized by the poets who ‘rule’ solely through authority and without any concern for power. In this hypothetical history the survival of civil association hinges not on the refusal to accumulate more power, but on its ever more demanding virtuous use for the sake of poetry. (shrink)

In the first part of this paper, I argue against the view that laws of nature are contingent, by attacking a necessary condition for its truth within the framework of a conception of laws as relations between universals. I try to show that there is no independent reason to think that universals have an essence independent of their nomological properties. However, such a non-qualitative essence is required to make sense of the idea that different laws link the same universals in (...) different possible worlds. In the second part, I give a positive argument for the necessity of at least some laws of nature, by showing with the example of a paradigmatic law of association that it consists in an internal relation between two universals which are determinables of the same class of determinates, where this relation is essential to both. Furthermore, I show that the necessity of laws of association could be accommodated within David Lewis' Humean metaphysics, but that it is incompatible with David Armstrong's combinatorialism. (shrink)

A number of writers have drawn on Hayek’s epistemic defence of market institutions to argue that free-markets and tort law are best placed to overcome the knowledge problems associated with the environmental sphere. This paper argues to the contrary, that this Austrian School approach itself suffers from significant knowledge problems. The first of these relates to the ability of Austrian economics to assign victim compensation and the second to the difficulty of establishing causation in complex environmental problems. The paper will (...) also show how alternative approaches may not suffer from these epistemic challenges and are better placed to overcome them. (shrink)

Archytas of Tarentum, a contemporary and associate of Plato, was a famous Pythagorean, mathematician, and statesman of Tarentum. Although his works are lost and most of the fragments attributed to him were composed in later eras, they nevertheless contain valuable information about his thought. In particular, the fragments of On Law and Justice are likely based on a work by the early Peripatetic biographer Aristoxenus of Tarentum. The fragments touch on key themes of early Greek ethics, including: written and unwritten (...) laws; freedom and self-sufficiency; moderation of the emotions and cultivation of virtues; equality and the competence of the majority to participate in government; criticism of “rule by an individual”; a theory of the ideal “mixed constitution”; distributive and corrective justice and punishment, and of the rule of law. The fragments also contain one of the only positive accounts of democracy in ancient Greek philosophy. (shrink)

Recent advancements in the brain sciences have enabled researchers to determine, with increasing accuracy, patterns and locations of neural activation associated with various psychological functions. These techniques have revived a longstanding debate regarding the relation between the mind and the brain: while many authors claim that neuroscientific data can be employed to advance theories of higher cognition, others defend the so-called ‘autonomy’ of psychology. Settling this significant issue requires understanding the nature of the bridge laws used at the psycho-neural interface. (...) While these laws have been the topic of extensive discussion, such debates have mostly focused on a particular type of link: reductive laws. Reductive laws are problematic: they face notorious philosophical objections and they are too scarce to substantiate current research at the intersection of psychology and neuroscience. The aim of this article is to provide a systematic analysis of a different kind of bridge laws—associative laws—which play a central, albeit overlooked role in scientific practice. (shrink)

The call by Chinese environmentalists for an ecological civilization to supersede industrial civilization, subsequently embraced by the Chinese government and now being promoted throughout the world, makes new demands on legal systems, national and international. If governments are going to prevent ecological destruction then law will be essential to this. The Chinese themselves have recognized grave deficiencies in their legal institutions. They are reassessing these and looking to Western traditions for guidance. Yet law as it has developed in the West, (...) particularly in Anglophone countries, which has crystallized as the tradition of ‘liberal legalism’, is in a state of crisis. Rather than being taken as a cause for despair at the legal traditions of East and West, this challenge could be taken as an opportunity to fundamentally rethink the basis of the law and its role in society and civilization. To overcome the deficiencies in the theory and practice of law in so-called ‘liberal democracies’ I will argue here that it will be necessary to revive and develop the philosophies of law associated with the ‘Radical Enlightenment’. (shrink)

Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show that Searle has (...) not identified a sustainable position somewhere between the Humean and the Reinachian extremes. This is because Searle’s position is threatened by circularity, and to steer clear of that danger it must incorporate at least some elements of Reinach’s essentialism. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...) identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...) in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

Despite its apparent complexity, our world seems to be governed by simple laws of physics. This volume provides a philosophical introduction to such laws. I explain how they are connected to some of the central issues in philosophy, such as ontology, possibility, explanation, induction, counterfactuals, time, determinism, and fundamentality. I suggest that laws are fundamental facts that govern the world by constraining its physical possibilities. I examine three hallmarks of laws--simplicity, exactness, and objectivity--and discuss whether and how they may be (...) associated with laws of physics. (shrink)

In this paper, I provide an account of the role of the associative function of the imagination in causal cognition for Kant. I consider, first, Kant’s treatment of the imaginative faculty in the student notes to Kant’s lectures on anthropology in the 1770s, with the aim of working up a more-or-less comprehensive taxonomy of its various sub-faculties. I then turn to Kant’s account of the activity of the imagination, particularly in accordance with the law of association, in the theory (...) of cognition presented in the notes, and show that Kant, apparently in spite of Hume, takes the result of this activity as the basis for causal cognition. I then contend that Kant’s treatment of affinity in the A edition Deduction is animated precisely by his concern to shore up his previous account of causal cognition against Hume’s sceptical challenge. (shrink)

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

An otherwise lawlike generalisation hedged by a ceteris paribus (CP) clause qualifies as a law of nature, if the CP clause can be substituted with a set of conditions derived from the multivariate regression model used to interpret the empirical data in support of the gen- eralisation. Three studies in human biology that use regression analysis are surveyed, showing that standard objections to cashing out CP clauses in this way—based on alleged vagueness, vacuity, or lack of testability—do not apply. CP (...) laws also cannot be said to be simply false due to the indefinitely many conditions not explicitly stated in their associated model: scientific CP clauses imply that these are, given the evidence, not nomically relevant. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

In the Laws, Plato argues that the legislator should attempt to persuade people to voluntarily obey the laws. This persuasion is accomplished through use of legislative preludes. Preludes (also called preambles) are short arguments written into the legal code, which precede laws and give reasons to follow them. In this paper, I argue that Plato’s use of persuasive preludes shows that he endorses the core features of a public reason theory of political justification. Many philosophers argue that Plato’s political philosophy (...) is deeply at odds with contemporary liberal political philosophy. While Plato certainly does not affirm (and even rejects) some of the main features of liberalism, if it could be shown that he endorses some account of public reason (which is a liberal idea to its core), this would suggest that there is more in common between Plato and liberalism than many philosophers think. Furthermore, if combined with the work of philosophers, like C.C.W. Taylor, this could form a cumulative case against those who argue that there is little in common between Plato’s political philosophy and liberalism. In short, by showing that Plato endorses the core features of public reason, I endeavor to show that there is more in common between Plato and liberalism than is often thought. (shrink)

Many philosophers are baffled by necessity. Humeans, in particular, are deeply disturbed by the idea of necessary laws of nature. In this paper I offer a systematic yet down to earth explanation of necessity and laws in terms of invariance. The type of invariance I employ for this purpose generalizes an invariance used in meta-logic. The main idea is that properties and relations in general have certain degrees of invariance, and some properties/relations have a stronger degree of invariance than others. (...) The degrees of invariance of highly-invariant properties are associated with high degrees of necessity of laws governing/describing these properties, and this explains the necessity of such laws both in logic and in science. This non-mysterious explanation has rich ramifications for both fields, including the formality of logic and mathematics, the apparent conflict between the contingency of science and the necessity of its laws, the difference between logical-mathematical, physical, and biological laws/principles, the abstract character of laws, the applicability of logic and mathematics to science, scientific realism, and logical-mathematical realism. (shrink)

The regulation of the interfaces of private and public interests is a central and recurrent issue of modern law. The centrality of the distinction and the manifold conceptual and practical problems associated with it has moreover been exacerbated over the past fifty years through the dominance of the twin-episteme of law constituted by law and economics and human rights law. Against this background, an alternative approach to and concept of law, transformative law, is briefly introduced. An approach which implies replacing (...) the notions of private and public interests with the concepts of legally constituted public power and societal power. In order to analyse the potential and limits of transformative law, five legal phenomena, central to the other contributions to this special issue, are analysed: public interest litigation; legal mobilisation in the preliminary ruling procedure; bankruptcy proceedings; third-party litigation and the Meta Oversight Board. (shrink)

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...) clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)

Current challenges in medical practice, research, and administration demand physicians who are familiar with bioethics, health law, and health economics. Curriculum directors at American Association of Medical Colleges-affiliated medical schools were sent confidential surveys requesting the number of required hours of the above subjects and the years in which they were taught, as well as instructor names. The number of relevant publications since 1990 for each named instructor was assessed by a PubMed search.In sum, teaching in all three subjects (...) combined comprises less than two percent of the total hours in the American medical curriculum, and most instructors have not recently published articles in the fields they teach. This suggests that medical schools should reevaluate their curricula and instructors in bioethics, health law, and health economics. (shrink)

Although there is an ongoing controversy in philosophy of science about so called ceteris paribus laws that is, roughly, about laws with exceptionsóa fundamental question about those laws has been neglected (ß2). This is due to the fact that this question becomes apparent only if two different readings of ceteris paribus clauses in laws have been separated. The first reading of ceteris paribus clauses, which I will call the epistemic reading, covers applications of laws: predictions, for example, might go wrong (...) because we do not know all the relevant factors which are causally effective in relevant situation. The second reading, which I will call the metaphysical reading, is concerned with the laws themselves and their possible exceptions (ß3). It is this latter readingóand the funda- mental question associated with itówhich has been neglected due to the confusion of the two readings (ß4): if we leave epistemic issues aside is there at all conceptual space left for a notion of laws of nature which allows the laws themselves to have exceptions? I call a law with exceptions in this sense, if such there is, a real ceteris paribus law. To tackle this question, I distinguish grounded laws from non-grounded laws (ß5). A grounded law is, roughly, a law about structured entities where the properties of the parts of that structure figure themselves in laws of nature (ß6). I will claim that, since the substructure of such an entity can be damaged, grounded laws themselves can face exceptions. Hence, they are candidates to be real (metaphysical) ceteris paribus laws in the sense of my central question. I will discuss grounded laws and their exceptions in detail (ß7, ß8, ß9). For reasons of space, the further question whether we can even have a notion of fun- damental (non-grounded) laws that allows for exceptions cannot be discussed here. I will, however, give a positive answer and also outline how I have argued for that claim elsewhere (ß10). (shrink)

One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a ‘contradiction in the (...) will’ when subjected to the two-fold test associated with the FUL. This result is thought to imply that the FUL allows us sometimes to kill for the sake of convenience. In this essay, I argue that the very diagnosis of the problem rests on a mistake, and that if the maxim of convenience killing generates a contradiction in the will, then acting on it is never permissible. (shrink)

The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi.

Citizenship is the right to be a citizen of a social, political, or national community. Aristotle was the philosopher who has been talking about citizenship since ancient times. His thoughts are still historical lessons for the operation of states today. In this article, the author focuses on analyzing basic thoughts on Aristotle's citizenship; which are shown in essential points such as (i) Citizenship is clearly shown in the role of the State, (ii) Right to education, (iii) The right to participate (...) in political affairs, (iv) Citizenship is associated with civic obligations. Thereby, the article draws its historical lesson for the current building of law-governed State in Vietnam in the following aspects: (i) Building a solid-state apparatus with a coherent and unified legal system; (ii) All the State's policies must originate from the Vietnamese practice, ensure the people's mastery and protect the people's legitimate interests; (iii) Consolidating and strengthening the relationship between the State and the people. (shrink)

Within Kantian ethics and Kant scholarship, it is widely assumed that autonomy consists in the self-legislation of the principle of morality. In this paper, we challenge this view on both textual and philosophical grounds. We argue that Kant never unequivocally claims that the Moral Law is self-legislated and that he is not philosophically committed to this claim by his overall conception of morality. Instead, the idea of autonomy concerns only substantive moral laws, such as the law that one ought not (...) to lie. We argue that autonomy, thus understood, does not have the paradoxical features widely associated with it. Rather, our account highlights a theoretical option that has been neglected in the current debate on whether Kant is best interpreted as a realist or a constructivist, namely that the Moral Law is an a priori principle of pure practical reason that neither requires nor admits of being grounded in anything else. (shrink)

'Autonomy' is originally a political notion. In this chapter, I argue that the political theory Kant defended while he was writing the _Groundwork_ sheds light on the difficulties that are commonly associated with his account of moral autonomy. I argue that Kant's account of the two-tiered structure of political legislation, in his _Feyerabend Lectures on Natural Law_, parallels his distinction between two levels of moral legislation, and that this helps to explain why Kant could regard the notion of 'autonomy' as (...) apt to express the principle of morality---at least in the mid 1780s. (shrink)

The second law of thermodynamics is traditionally interpreted as a coarse-grained result of classical mechanics. Recently its relation with quantum mechanical processes such as decoherence and measurement has been revealed in literature. In this paper we will formulate the second law and the associated time irreversibility following Everett’s idea: systems entangled with an object getting to know the branch in which they live. Accounting for this self-locating knowledge, we get two forms of entropy: objective entropy measuring the uncertainty of the (...) state of the object alone, and subjective entropy measuring the information carried by the self-locating knowledge. By showing that the summation of the two forms of entropy is a conserved and perspective-free quantity, we interpret the second law as a statement of irreversibility in knowledge acquisition. This essentially derives the thermodynamic arrow of time from the subjective arrow of time, and provides a unified explanation for varieties of the second law, as well as the past hypothesis. (shrink)

Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...) speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...) speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. -/- This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

Fallibilism, as a fundamental aspect of pragmatic epistemology, can be illuminated by a study of law. Before he became a famous American judge, Oliver Wendell Holmes, Jr., along with his friends William James and Charles Sanders Peirce, associated as presumptive members of the Metaphysical Club of Cambridge in the 1870s, recalled as the birthplace of pragmatism. As a young scholar, Holmes advanced a concept of legal fallibilism as incremental community inquiry. In this early work, I suggest that Holmes treats common (...) law cases more like scientific experiments than as deductive applications of already clear rules. Common law rules may be seen as a product of 1) the conflicts that occur in society, 2) the channeling of conflicts into legal disputes, 3) the gradual accumulation of judicial decisions classified into groups, and 4) the development of consensual understanding, expressed in rules and principles, as to how future cases should be classified and decided. This does not involve only lawyers and judges. Especially in controversial cases, it may indirectly involve an entire community. The legal process is seen as an extended intergenerational process of inquiry. It illuminates the relation of thought, expression, and conduct among a community of inquirers, applied to the problems of social ordering. (shrink)

Self-authorship has been established as the basis of an influential liberal principle of legislation and public policy. Being the author of one’s own life is a significant component of one’s own well-being, and therefore is better understood from the viewpoint of the person whose life it is. However, most philosophical accounts, including Raz’s conception of self-authorship, rely on general and abstract principles rather than specific, individual psychological properties of the person whose life it is. We elaborate on the principles of (...) self-authorship on the basis of self-determination theory, an empirically based psychological theory that has been at the forefront of the study of autonomy and self-authorship for more than 45 years. Our account transcends distinctions between positive and negative freedom and attempts to pinpoint the exact properties of self-authorship within the psychological processes of intrinsic motivation and internalization. If a primary objective of public policy is to support self-authorship, then it should be devised on the basis of how intrinsic motivation and internalization can be properly supported. Self-determination theory identifies three basic psychological needs: autonomy, competence, and relatedness. The satisfaction of these needs is associated with the support and growth of intrinsic tendencies and the advancement of well-being. Through this analysis, we can properly evaluate the significance of rationality, basic goods, and the availability of options to self-authorship. Implications for law and policy are discussed with an emphasis on legal paternalism and what many theorists call “liberal perfectionism,” that is, the non-coercive support and promotion of the good life. (shrink)

Plato’s idea of the second-best state is the first appearance of the rule of law. It is considered as a realistic alternative to the government of the Philosopher King, differ-ing formally from it on the employment of general rules. The aim of this paper is to elaborate an articulation of both proposals and to better understand that of the rule of law within Plato’s thought. The main differences between it and the modern theories of the rule of law will be (...) assessed. Plato conceives the rule of law as a remedy directed to avoid tyranny, in which the idea of generality, characteristically associated with the rule of law. The law that rules the polis is a reasoned thought accepted by the citizenship, directed to avoid the ruling of the will of the tyrant. (shrink)

We discuss the crucial, but easily missed, link between paternalism and incarceration. Legal paternalists believe law should be used to help individuals stay healthy or moral or become healthier or morally better. Criminal laws are paternalistic if they make it illegal to perform some action that would be bad for the actor to do, regardless of effects on others. Yet, one result of such laws is the punishment, including incarceration, of the very same actors—also clearly bad for them even if (...) meant to be rehabilitative. Therein lies an oddity: paternalist criminal law—and thepresumably rehabilitativepunishments that serve as responses to infringements of such laws—is meant to help the actor but in fact has the opposite effect on net. Incarceration is particularly problematic on this front as it harms the alleged criminal in ways that go beyond the harm they would have caused themselves. Incarceration also may undermine the actor’s ability to improve his decision-making abilities or his moral character. The effects of the punishment also drift to others—family and friends, as well as business associates, of the punished. Paternalists, inasmuch as they are motivated by beneficence or concern about moral character, must account for all of these costs as threats to well-being and the conditions for acting morally. Given the link between paternalism and incarceration, we propose that if we are to take seriously the problem of over-incarceration in the U.S., we must reconsider the use of paternalism in criminal law; we sketch several alternatives. We believe paternalists should support our resistance to incarceration and seriously consider these alternatives. (shrink)

This article constitutes a contribution to the critique of the political economy of contemporary higher education. Its notes form, intended to open "windows" on the thorny issue of metrics permeating academia on both the local/national and global levels, facilitates a conceptualization of the academic law of value as a mechanism responsible for regulating the tempo and speed of academic labor in a higher education system subsumed under capital. First, it begins with a presentation of the Marxist approach to acceleration and (...) measure. Second, it presents the academic law of value as a socially necessary impact/time. Third, it conceptualizes a figure of capital that operates in the contemporary global higher education system. Fourth, it describes the conditions of operation of merchant capital within higher education and explores the close links of global university rankings, metadata providers, and the academic publishing industry. As a fifth and final point, the analysis turns to Central Eastern Europe and the case study of Poland to demonstrate that, to function properly, the academic law of value needs to be imposed by political means, that is, through policy reforms that establish and legitimize the sets of parameters and criteria for the evaluation of academic labor. In conclusion, the argument suggests that the domination of merchant capital over academic labor, resulting in the latter's ongoing and uncontrolled acceleration, cannot be overcome without addressing not so much the issue of private property but, first and foremost, the politically and socially defined metrics. (shrink)

This paper is a historical, legal and philosophical analysis of the concept of human dignity in German and Kenyan constitutional law. We base our analysis on decisions of the Federal Constitutional Court of Germany, in particular its take on life imprisonment and its 2006 decision concerning the shooting of hijacked airplanes, and on a close reading of the Constitution of Kenya. We also present a dialogue between us in which we offer some critical remarks on the concept of human dignity (...) in the two constitutions, each one of us from his own philosophical perspective. (shrink)

Established in the northernmost part of the country in 2003, the Philosophical Association of Northern Luzon, Incorporated (PANL) is one of the regional philosophical organizations in the country. This interview article aims to produce the first published historical account of this organization as it marked its 18th year of existence and in connection with the development of Filipino philosophy. Thus, this interview article focused on the history of PANL as it differentiates itself from the national philosophical organizations, such as (...) the Philosophical Association of the Philippines, the Philosophy Circle of the Philippines, and the Philippine National Philosophical Research Society. Using the method of oral history, this interview article specifically documented and assessed: 1) the circumstances behind the foundation of PANL; 2) how PANL differentiated itself from the other major Philippine national philosophical organizations; 3) PANL's general stand on the development of Filipino philosophy, the contextualization of philosophy to the realities of northern Luzon, and the use of Ilocano language in philosophizing; 4) the trends of the research projects of its leading writers/thinkers; 5) the lasting imprints of its presidents on the organization; and 6) the general direction where the organization is heading to. The respondents of this interview article were: 1) Dr. Fernando Martin Serrano, the founding president of the organization; 2) Dr. Jeffrey Centeno, a founding member of the organization and the one who drafted its constitution and by-laws; and 3) Dr. Danilo Alterado, the current president of the same organization. (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)

Distinctions in fundamentality between different levels of description are central to the viability of contemporary decoherence-based Everettian quantum mechanics (EQM). This approach to quantum theory characteristically combines a determinate fundamental reality (one universal wave function) with an indeterminate emergent reality (multiple decoherent worlds). In this chapter I explore how the Everettian appeal to fundamentality and emergence can be understood within existing metaphysical frameworks, identify grounding and concept fundamentality as promising theoretical tools, and use them to characterize a system of explanatory (...) levels (with associated laws of nature) for EQM. This Everettian level structure encompasses and extends the ‘classical’ levels structure. The ‘classical’ levels of physics, chemistry, biology, etc. are recovered, but they are emergent in character and potentially variable across Everett worlds. EQM invokes an additional fundamental level, not present in the classical levels picture, and a novel potential role for self-location in interlevel metaphysics. When given a modal realist interpretation, EQM also makes trouble for supervenience-based approaches to levels. (shrink)

Simple random sampling resolutions of the raven paradox relevantly diverge from scientific practice. We develop a stratified random sampling model, yielding a better fit and apparently rehabilitating simple random sampling as a legitimate idealization. However, neither accommodates a second concern, the objection from potential bias. We develop a third model that crucially invokes causal considerations, yielding a novel resolution that handles both concerns. This approach resembles Inference to the Best Explanation (IBE) and relates the generalization’s confirmation to confirmation of an (...) associated law. We give it an objective Bayesian formalization and discuss the compatibility of Bayesianism and IBE. (shrink)

This chapter explores a potential analogy between mereological principles and laws of nature. Against a backdrop of what Marmodoro has termed ‘power structuralism’ (and a rejection of a Humean worldview), the connection between parthood and modality may be richer than has hitherto been considered. Mereological principles delineate possibilities for parts and wholes, and putting powers at the centre of a discussion about parthood can furnish a novel conception of mereological laws, much as dispositionalism has done so for natural laws; namely, (...) these principles express connections between fundamental dispositional properties. By extending dispositionalism to comprehend mereology in this way, we can help fulfil its promise to provide a foundational, naturalistic metaphysics, as foundational mereological debates then begin to mirror those relating to dispositionalist views of laws of nature: we may treat natural and mereological laws in tandem, as holding either necessarily or contingently, with associated strategies for dealing with supposed counterexamples to one’s preferred set of mereological principles. We can thus bring new life to the debate over whether questions of composition admit of contingent or only necessary answers. (shrink)

Peter Fitzpatrick’s writings prove once and for all that it is possible for a law professor to write in beautiful English. His work also proves once and for all that the dominating tradition of Anglo-American legal philosophy and of law teaching has been barking up the wrong tree: namely, that the philosopher and professional law teachers can understand justice as nested in empty forms, better known as rules, doctrines, principles, policies, and other standards. The more rigorous our analysis or decomposition (...) of the forms, we have believed, the more closely do we access the identity of laws. Justice has been assumed to be a matter of intellectually accessing such analysed forms. Fitzpatrick’s articles and books embody an implicit critique of the analytic view of law and of justice. My entry point into this critique is his preoccupation with Jacques Derrida’s theory of laws as universals and with Derrida’s theory of justice as an inaccessible immediacy or presence in context-specific or concrete experienced events. Each event is experienced in an official’s decision. Such a decision represents what Derrida, Fitzpatrick, and Hegel call ‘individuality’. -/- Derrida’s theory of law presents a conundrum. Derrida misses the possibility that law may exist by virtue of its content rather than its form. Derrida misses this possibility because, heavily influenced by Kant (in Derrida’s theory of law), Derrida associates law with universals. This is so because Kant (and Derrida) are preoccupied with the identity of what counts as a law (lois) rather than with a law’s legitimacy. A universal cannot exist unless it is legitimate, and it is legitimate, I claim, by virtue of its content. In his association of law with universals, Derrida presupposes that legal knowledge exists with reference to a territorial-like boundary. The forms are represented or signified by signs (signifiers) within a boundary of the ultimate form (the state, the nation, or humanity). This ultimate form as a universal, like the discrete rules or forms, lacks socially contingent content. A boundary separates knowable universals from the unknowable world on the exteriority of the boundary. The unknowable world is constituted by concrete events experienced in context-specific circumstances. In his legal theory Derrida hones in upon the decision as the experienced event. In a decision, one is present or immediate with the event. Derrida considers such immediacy as justice. The immediacy, however, can only be represented as a sign (sometimes called a signifier). The sign, in turn, represents an empty signified or form, according to Derrida. Because the immediacy remains a representation rather than a presentation of the experienced event, laws as universals cannot be just. The rupture between the inaccessible immediacy of a decision on the one hand and the represented empty forms on the other is critical to Derrida’s theory of law. -/- I claim that this rupture permeates Derrida’s writings about law because Derrida possesses a territorial-like sense of legal knowledge. I shall argue to this effect as follows. In the first section I shall explain the importance of Fitzpatrick’s exposure of the vacuity of the foundation of the system or structure of universals. In the second section I shall flesh out two elements of Derrida’s legal theory: law as form and the ipseity or concrete event that the form excludes from law. This takes me to the third section, where I shall elaborate how Derrida’s legal theory presupposes knowledge as territorial. I shall argue in the final section that this very sense of territorial knowledge prevents justice from accessing law and law from accessing justice. I conclude with the hint of a very different sense of law, one that draws from experiential knowledge in contradistinction to territorial knowledge. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, two (...) competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)