Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. (...) The paper's argument is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

Sample chapter from H. Asgeirsson, The Nature and Value of Vagueness in the Law (Hart Publishing, 2020), in which I present and partially defend a version of what has come to be called the communicative-content theory of law. Book abstract: Lawmaking is – paradigmatically – a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, what they communicate is (...) sometimes vague and, even when it is clear, the content itself is sometimes vague. The monograph examines the nature and consequences of these two linguistic sources of indeterminacy in the law with the aim of providing plausible answers to three related questions: In virtue of what is the law vague? What might be good about vague law? How should courts resolve cases of vagueness? (shrink)

Disability laws are crucial in ensuring a life of dignity for persons with disabilities. However, they remain limited and ineffective in the absence of adequate knowledge and awareness of the experiences with disability. The limitedness of disability laws has been spoken of in cases where the full realization of rights is subject to technological, philosophical, and market dynamics. In many cases, the law is also weakened by negative cultural beliefs and social perceptions of disability. And then there are cases where (...) disability laws perpetuate or tolerate oppression and violence. Despite their limitedness, disability laws offer normative content to facilitate engagement and critique for reform. In terms of what disability laws ‘ought’ to be, scholars write, that they should be about disabled people and the meanings provided by them. This objective has and can be fulfilled with the aid of disability studies that go beyond the inquiries of law with the right kind of research tools to theorize and re-theorize concepts and meanings about disability. Disability studies, in other words, represent the living conditions of disabled persons and the questions of how disability and/or impairment should be defined. This chapter examines the interaction between disability law and disability studies through the prism of the Convention on the Rights of Persons with Disabilities (CRPD). While discussing the models of disability (medical, social, human rights, and relational-community models) and agendas for reforming the CRPD, the chapter highlights the importance of new concepts and approaches. Further, the potential of disability laws, CRPD in particular, has been discussed keeping in mind the application of its core principles across different sectors (with a special focus on the Marrakesh treaty and copyright laws). (shrink)

According to some critics, Aristotle’s elenctic defence (elenchos, elenchus) of the Law of Non-Contradiction (Metaphysics IV) would be ineffective because it viciously begs the question. After briefly recalling the elenctic refutation of the denier of the Law of Non-Contradiction, I will first focus on Filippo Costantini’s objection to the elenchus, which, in turn, is based on the dialetheic account of negation developed by Graham Priest. Then, I will argue that there is at least one reading of the elenchus that might (...) not be viciously question-begging. In doing so, I will leverage, reinterpret and adjust the distinction between two senses of epistemic dependence, offered by Noah Lemos and originally based on some thoughts about George Edward Moore’s ‘proof of an external world.’ The key point of my counter-objection to recover the elenchus is to use the distinction between a necessary-condition relation between propositions (p only if q) and a grounding relation between facts (the fact that an epistemic agent S believes that p is grounded in the fact that S believes that q), where p and q are the content of S’s beliefs. (shrink)

Disagreement is a pervasive feature of human discourse and a crucial force in shaping our social reality. From mundane squabbles about matters of taste to high-stakes disputes about law and public policy, the way we express and navigate disagreement plays a central role in both our personal and political lives. Legal discourse, in particular, is rife with disagreement - it is the very bread and butter of courtroom argument and legal scholarship alike. Consider a debate between two legal philosophers, Ronald (...) and Herbert, about the Eighth Amendment of the U.S. Constitution, which prohibits ‘cruel and unusual punishment’. Ronald asserts: ‘It is the law that capital punishment is prohibited’. In response, Herbert states: ‘It is not the law that capital punishment is prohibited’. We intuitively think Ronald and Herbert are disagreeing, which reveals in the fact that they are licensed to use ex¬pressions like no (it isn’t) and nuh-uh when responding to their opponent’s claim. But despite the ubiquity and significance of legal disagreement, its precise nature remains elusive. This chapter discusses what exactly is going on when two people disagree about what the law requires, and how can hybrid theory may answer this question. (shrink)

Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...) international law (e.g., crystallizing norms of customary law) can be binding in much the same way as better-established doctrine. This point becomes perspicuous, I argue, once we get a clear sense of the plausible options for grounding the moral authority of international law generally. -/- This result is interesting in its own right, but it also reveals two other features of the character of state responsibility under international law. First, the distinction between legislation and compliance is less pronounced compared to domestic law. Consequently, the virtues of good governance will frequently be pertinent to determining the content of states’ obligations under international law. Second, normally more powerful and influential agents will be more strongly bound by international law than other subjects. This is an attractive result, addressing a concern that motivates many international lawyers to view international law as absolutely binding. An absolutist view international legal authority is unnecessary for showing that the most powerful and dangerous states are strongly bound by the terms of much existing law. (shrink)

A special issue of the International Journal in Information Science and Engineering “Neutrosophic Sets and Systems” (vol. 71/2024) is dedicated to the Conference on NeutroGeometry, NeutroAlgebra, and Their Applications, organized by the Latin American Association of Neutrosophic Sciences. This event, which took place on August 12-14, 2024, in Havana, Cuba, was made possible by the valuable collaboration of the University of Havana, the University of Physical Culture and Sports Sciences "Manuel Fajardo," the José Antonio Echeverría University of Technology, University of (...) Informatics Sciences and the Cuban Academy of Sciences among other institutions. In 2019 Smarandache generalized the classical Algebraic Structures to NeutroAlgebraic Structures (or NeutroAlgebras) {whose operations and axioms are partially true, partially indeterminate, and partially false} as extensions of Partial Algebra, and to AntiAlgebraic Structures (or AntiAlgebras) {whose operations and axioms are totally false} and on 2020 he continued to develop them. The NeutroAlgebras & AntiAlgebras are a new field of research, which is inspired from our real world. In classical algebraic structures, all operations are 100% well-defined, and all axioms are 100% true, but in real life, in many cases these restrictions are too harsh, since in our world we have things that only partially verify some operations or some laws. Similarly, a classical Geometry structure has all axioms totally (100%) true. A NeutroGeometry structure has some axioms that are only partially true, and no axiom is totally (100%) false. Whereas an AntiGeometry structure has at least one axiom that is totally (100%) false. And in general, in any field of knowledge one has: Structure, NeutroStructure, and AntiStructure which were inspired from our real world where the laws (axioms) do not equally apply to all people and in the same degree. This special issue aims to highlight the most recent advances and applications in the fields of NeutroGeometry and NeutroAlgebra, two areas that are at the forefront of contemporary mathematical and scientific thought. During the conference, the mathematical foundations and practical applications of these disciplines were explored, as well as their relevance in the MultiAlism system and other interdisciplinary areas. The content of this special issue has been carefully selected to reflect the diversity and depth of the topics discussed at the conference. This event and the subsequent publication of these works underline the growing importance of neutrosophic theories in the current scientific landscape. We are confident that the ideas and discoveries shared in these pages will be of great value to researchers, academics, and professionals interested in these innovative areas of knowledge. (shrink)

One of the most disputed controversy over the priority of scientific discoveries is that of the law of universal gravitation, between Isaac Newton and Robert Hooke. Hooke accused Newton of plagiarism, of taking over his ideas expressed in previous works. In this paper I try to show, on the basis of previous analysis, that both scientists were wrong: Robert Hooke because his theory was basically only ideas that would never have materialized without Isaac Newton's mathematical support; and the latter was (...) wrong by not recognizing Hooke's ideas in drawing up the theory of gravity. Moreover, after Hooke's death and taking over the Royal Society presidency, Newton removed from the institution any trace of the former president Robert Hooke. For this, I detail the accusations and arguments of each of the parts, and how this dispute was perceived by the contemporaries of the two scientists. I finish the paper with the conclusions drawn from the contents. -/- Keywords: Isaac Newton, Robert Hooke, law of gravity, priority, plagiarism -/- CONTENTS -/- Abstract Introduction Robert Hooke's contribution to the law of universal gravitation Isaac Newton's contribution to the law of universal gravitation Robert Hooke's claim of his priority on the law of universal gravitation Newton's defense The controversy in the opinion of other contemporary scientists What the supporters of Isaac Newton say What the supporters of Robert Hooke say Conclusions Bibliography -/- DOI: 10.13140/RG.2.2.19370.26567 . (shrink)

Context-sensitive expressions appear ill suited to the purpose of sharing content across contexts. Yet we regularly use them to that end (in regulations, textbooks, memos, guidelines, laws, minutes, etc.). This paper describes the utility of the concept of a metacontext for understanding cross-contextual content-sharing with context-sensitive expressions. A metacontext is the context of a group of contexts: an infrastructure that can channel non-linguistic incentives on content ascription so as to homogenize the content ascribed to context-sensitive expressions (...) in each context in the group. Documents composed of context-sensitive expressions can share content across contexts when supported by an appropriate metacontext. The bible has its church, the textbook its education system, the form its bureaucracy, and the manifesto its social movement. Some metacontexts support cross-contextual content-sharing. Some don’t. A promising research programme (one with practical importance) would take metacontexts as its unit of analysis. (shrink)

Since the last century, determining the content of the law has been one of the main discussions of Jurisprudence. The Hart-Dworkin debate has dominated the discussion: to Hart, only social facts determine the content of the law; to Dworkin, it is necessary also to consider moral facts. There has been substantial progress in the debate in the last decades; nonetheless, it is far from settled. Mark Greenberg's idea about the epistemology of nonbasic domains and the tracking of their (...) metaphysics sheds light on the debate. The thesis of the present essay is that the Hart-Dworkin debate is held at different levels of discussion. Hart aims to answer what are the metaphysical foundations of the law. Dworkin seems to engage in academic activism about what ought to be the metaphysical foundations of the law. I argue that the idea of tracking the epistemic foundations of the law is only consistent with social facts being the determinants of the content of the law. Moral facts could be relevant but only mediated by social facts. (shrink)

Many business transactions and employment contracts are wrongfully exploitative despite being consensual and beneficial to both parties, compared with a nontransaction baseline. This form of exploitation can present governments with a dilemma. Legally permitting exploitation may send the message that the public condones it. In some economic conditions, coercively enforced antiexploitation law may harm the people it is intended to help. Under these conditions, a way out of the dilemma is to enact laws with provisions that lack coercive enforcement. Noncoercive (...) law would convey the state’s condemnation of wrongful exploitation without risking the harmful effects of coercively enforced law. It would also give firms and their agents a way of explaining nonexploitative pricing decisions to investors, and it may help give precise content to the moral duty to set prices and wages fairly. Governments should thus consider noncoercive law a viable component of their responses to exploitation. (shrink)

Oftentimes we consider how the law and public policy were interwoven one another for any fine appeal to the constituents and global public. Nonetheless, we are fairly never definite to suggest any hard picture of their relationship. It rather involves an issue of meditative process of philosophy, humanity and social justice as well as a wider of public contention from the purview of temporal and spatial evolution. The paper, in the face with this difficult conundrum, attempts to highlight some of (...) basics despite a surfeit of work products in this field. The paper begins with the instant queries or explanation from the peer scholar practitioners, which would be some of communication with the author. Then the author elicits some of principled relationship between the two concepts. (shrink)

One of the distinctive features of the obligation to obey the law is its content-independence. We ought to do what the law commands because the law commands it, and not because of the law's content—i.e., the independent merits of the actions it prescribes. Despite its popularity, the notion of content-independence is marked by ambiguity. In this paper, I first clarify what content-independence is. I then develop a simple test—the “content-independence test”—which allows us to establish whether (...) any candidate justification of the obligation to obey the law delivers genuine content-independence. I apply this test to prominent such justifications and conclude that several of them, surprisingly, fail it. (shrink)

The ‘expropriation of the expropriators’ is a delicious turn of phrase, one that Marx even compares to Hegel’s infamous ‘negation of the negation’. But what does it mean, and is it still relevant today? Before I analyse the content of Marx’s expression, I briefly consider contemporary legal understandings of expropriation, as well as some examples of it. In the remainder of the essay, I spell out different kinds of expropriation in Marx and focus on an ambiguity at the core (...) of the notion of ‘expropriating the expropriators’, namely, whether it describes an immanent and objective tendency within the development of the capitalist mode of production or else actively prescribes a form of revolutionary political praxis for the working class. My answer is that it does both, though not without tension. Finally, I develop some implications of these reflections by showing how the concept of expropriation can be put to use today, in struggles around housing, climate and work. (shrink)

Instead of the question, ‘do we have an obligation to obey the law?,’ we should first ask the more modest question, ‘do we have reasons to obey the law?’ This paper offers a new account of the notion of the content-independence of legal reasons in terms of the grounding relation. That account is then used to mount a defense of the claim that we do indeed have content-independent moral reasons to obey the law (because it is the law), (...) and that these reasons, very plausibly, often amount to an obligation to so act. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the (...) validity conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of natural law. (...) In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)

Al-Fārābī's discussed fundamental issues in the first ten sections of Kītāb al-Mīllah briefly. Defining the nation (religion), describing the types of societies, dividing the nation (religion) into opinions and actions, and mentioning each of them, synonyms of the nation with other concepts such as religion and shārīʿa, the method of inferring the opinions of the nation, the similarity of the virtuous nation to philosophy, the relationship between the two components of the nation with theoretical philosophy and phronesis (practical philosophy), dealing (...) with fallacies using topic and rhetoric, the reasons for not expressing some laws by the first ruler, the conditions of the rulers after the first ruler, the wisdom, jurisprudence and virtue of the nation's ruler, and discussing the philosophical nature of jurisprudence, the most important contents of Al-Fārābī's in this ten section. On the other hand, it must be claimed that various theories can be extracted from Kītāb al-Mīllah: 1. Revelation as the highest faculty of reason; 2. The unity of theoretical philosophy and Phronesis- the unity of theoretical and practical reason; 3. Philosophy of jurisprudence; 4. Governance philosophy; 5. shārīʿa purposes; 6. Aristocracy; 7. Philosophical jurisprudence. In this paper, in addition to the translation of the first ten sections of Kītāb al-Mīllah, its content is also explained and these seven ideas are extracted from this treatise. (shrink)

In the ‘Appendix to the Transcendental Dialectic’ of the Critique of Pure Reason, Kant contends that the idea of God has a positive regulative role in the systematization of empirical knowledge. But why is this regulative role assigned to this specific idea? Kant’s account is rather opaque and this question has also not received much attention in the literature. In this paper I argue that an adequate understanding of the regulative role of the idea of God depends on the specific (...) metaphysical content Kant attributes to it in the Critique and other writings. I show that neither a heuristic principle of conceptual systematicity, nor conceiving God as a hypothesis of an intelligent designer, can satisfy the demands of reason to make the unity and necessity of the laws of nature intelligible. Regarding the positive account about the metaphysical content of the idea of God, I support my argument by referring to Kant’s pre-critical discussion of the usefulness of the conception of God for the project of science, and by expounding Kant’s critical account of the necessity of the laws of nature. Thus my account sheds light on the continuity of Kant’s conception of God and his appropriation of his own rationalistic metaphysics. (shrink)

After a brief survey of the literature on ceteris paribus clauses and ceteris paribus laws (1), the problem of exceptions, which creates the need for cp laws, is discussed (2). It emerges that the so-called skeptical view of laws of nature does not apply to laws of any kind whatever. Only some laws of physics are plagued with exceptions, not THE laws (3). Cp clauses promise a remedy, which has to be located among the further reactions to the skeptical view (...) (4). After inspecting various translations of the Latin term 'ceteris paribus' (5), the paper arrives at the conclusion that, on the most reasonable translation, there are no such things as cp laws, for reasons of logical form. Cp clauses have an indexical content, so that they need singular propositions as their habitat, not general ones. Cp clauses and the universal generalizations they are supposed to modify are not fit for each other (6). (shrink)

During the eighteenth century, German philosophers wrote on a broad range of topics in moral philosophy: from meta-ethical issues such as the nature of obligation, to elaborate systems of normative ethics (often in the form of a doctrine of duties to self, others, and God), to topics in applied ethics such as the permissibility of the death penalty and censorship. Moral philosophy was also intimately related to the modern natural law tradition at the time, as well as to discussions taking (...) place in theology and psychology, to name only a few other disciplines. As a result, it is often hard to isolate eighteenth-century German moral philosophy without addressing a whole host of other philosophical subjects. There are nonetheless certain central topics that were discussed by nearly every major figure of the period and which therefore serve as a window into how German philosophers approached moral philosophy during the eighteenth century. In this chapter I illustrate that one such topic is the principle of morality; namely what philosophers took to be the supreme norm at the foundation of judging actions to be morally good or evil. As we will see, although several figures approached this principle in a broadly similar way by identifying “perfection” as the central concept at work, they differ considerably with respect to important details. Furthermore, certain common threads reveal themselves: philosophers differ not only with respect to the content of the principle, but also with respect to the way in which it can be derived, how particular duties can in turn be derived from the supreme principle, and how the principle can be formulated. I begin by outlining Christian Wolff’s influential principle of perfection (Section 1), followed by a consideration of Alexander Gottlieb Baumgarten’s subtle revision of this principle (Section 2) and Christian August Crusius’s theological alternative (Section 3). I then briefly consider the impact that the reception of eighteenth-century British philosophy had on German moral philosophy during the second half of the eighteenth century (Section 4), before considering Moses Mendelssohn’s and Immanuel Kant’s answers to the 1763 Prize Essay Question (Section 5) and Johann August Eberhard’s unique mixture of rationalism and empiricism from the early 1780s (Section 6). I conclude (Section 7) with a brief discussion of Kant’s approach to the principle of morality and the principle of happiness proposed against it by his early empiricist critics. (shrink)

The System of the World, Isaac Newton's first draft for the third volume of his classic work Philosophiae Naturalis Principia Mathematica (1687; Mathematical Principles of Natural Philosophy), is an important document in the history of science, using the principles of mechanics to construct the first complete scientific system on the workings of the universe in human history. -/- This book of 78 treatises briefly describes the principles established in the first two volumes of the Mathematical Principles of Natural Philosophy, then (...) applies these principles to the derivation of the actual orbits of the solar system and comets, laying out in layman's terms the universality of the law of gravitation and, from this, studying the shape of the earth, explaining the planetary precession and the tides of the oceans, probing the motion of the moon, and determining the orbits of comets. In this book, Newton does not construct abstract mathematical models, but analyses them in relation to astronomical phenomena, using only a small amount of mathematical language to explain these intriguing elements, making its content suitable for a general audience. -/- The appendices of this Chinese translation by Haixuan Pan(潘海璇) include Life of Sir Issac Newton by N. W. Chittenden, Newtonian Studies by Alexandre Koyré, which introduce Newton's life and main achievements, as well as the debates and evaluations of the main academic views of Newton by the leading philosophers and scientists of the time, and are important supplementary and reference materials when reading The System of the World. (shrink)

The publication of Guido Calabresi’s book “The Future of Law and Economics” has drawn a substantial amount of attention among law and economics scholars. We thought that the best way to devote special attention to this book was to devote a Special issue to it. This article situates Calabresi’s book among other reflections on the future of the discipline, introduces and explains the reasons behind this Special issue and discuss the organization and content of it. -/- We emphasize how (...) Calabresi’s historical-conceptual standpoint allows him to isolate the stakes of different future developments around the question of how could further appreciation of legal institutions that defy the standard economic assumptions help the field develop theoretically. Overall, the contributors all shared Calabresi’s attempt to restore the balance between Law and Economics and the need to better account for the “whole unanalysed experience of human race”, often neglected by the Economic Analysis of Law approach. Most disagreements are about the ‘how’. In any case, the search for the Law and Economics ‘not (yet) taken’ or for other “Law and … ” approaches is always open to the Future. (shrink)

Discussions of political obligation and political authority have long focused on the idea that the commands of genuine authorities constitute content-independent reasons. Despite its centrality in these debates, the notion of content-independence is unclear and controversial, with some claiming that it is incoherent, useless, or increasingly irrelevant. I clarify content-independence by focusing on how reasons can depend on features of their source or container. I then solve the long-standing puzzle of whether the fact that laws can constitute (...) content-independent reasons is consistent with the fact that some laws must fail to bind due to their egregiously unjust content. Finally I defend my understanding of content-independence against challenges and show why it retains a place of special importance for questions about the law and political obligation. Content-independence highlights that it is some feature of the law or law-making process in general that is supposed to generate moral obligations for citizens, not the merits of particular laws. (shrink)

From the traditionalist position on international law, a new form of compact agreement, which cannot be classified as an international treaty in terms of academic framework, had long fueled much of contention in politics, international law, and constitutional law. A growing practice of compact agreement had been natural as corresponding with the global compression of international community and rising aspiration of peace regime on the international relations. The scholars of international law believe that, regardless of whether the President of the (...) United States is an internationalist or an isolationist, the enactment of international law in the 21st century will be based on more pragmatic rather than formal criteria. It is still true whether or not he is willing to accept or escape the international obligations so that we can more realistically share the powers conferred by the Constitution. On the other hand, a constitutional controversy on somewhat mushy yet sophisticated issues on the compact agreements began with the Laurence Tribe's acrimonious criticism in 1990. He argues that a procedure between Congress and the executive branch for the Clinton administration's accession to the North American Free Trade Agreement(NAFTA) is unconstitutional. His criticism pointed out that the NAFTA is unconstitutional since it is contrary to the text and structure of the Constitution. On the other hand, scholars of political science believe that, while a politics is termed as the distribution of values, the new form of compact agreement serves connecting the domestic and international politics as a living organism and must be affirmed from the standpoint of parliamentary politics. The political scientists argue on the necessity and inevitability of a new form of international agreement as pursuant to the nature of political process on informal procedures and parliamentary practices. In respect of the theoretical controversy, the paper is devoted to survey what the new form of compact agreement is, what types we can identify and explore the theoretical contest among the disciplines. As the dealings of paper attempt to touch on the core of scholarly assertions as fundamental and philosophical, the endeavor could inculcate the mind of international lawyers within and outside the government by providing a better framework to understand the specific real-world issues. The perception and rationale for the new form of international agreement should differ varying with their academic disciplines from which their thought stems from. The paper ends with implications within the grand scale of jurisprudence. (shrink)

The relationship between law and coercion has always been a highly controversial topic in contemporary legal philosophy. After an initial phase in which there was a strong consensus on its essential importance for law, an apparent consensus on the exact opposite has emerged in the last decades. In recent years, however, several important publications have reignited the debate. They criticise the latter position and argue strongly in favour of considering coercion as a necessary or relevant property of law, as well (...) as propose new ways to approach the debate and conceive the relevant question. -/- The aim of this chapter is to contribute to the revitalised debate by arguing for the importance of coercion both for the existence of law and for the function(s) of law. I will argue that if law is seen as a tool or artefact, the fulfilment of its function(s) depends both on its existence and on its possession of a certain property that enables the achievement of that end. I will then show how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to law, and that it is necessary to ensure the existence of a community. Finally, even if this argument fails, I will show that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s). I will argue that this is the case for most of the possible functions of law, especially those related to behaviour-guidance and coordination-solving. -/- I will proceed as follows. In section 2, I will address some useful definitions of coercion and law and offer some insights into the view of law as an artefact and the functions ascribed to it. In section 3, I will set out some general theoretical positions on the relationship between coercion and law that will help to frame the content of the arguments that follow in the next section. In section 4, I will analyse the role and significance of coercion for the existence of legal systems (4.1) and for the function of legal systems (4.2). Finally, in section 5, I will offer some concluding remarks. (shrink)

This dissertation concerns the methodology Kant employs in the first two sections of the Groundwork of the Metaphysics of Morals (Groundwork I-II) with particular attention to how the execution of the method of analysis in these sections contributes to the establishment of moral metaphysics as a science. My thesis is that Kant had a detailed strategy for the Groundwork, that this strategy and Kant’s reasons for adopting it can be ascertained from the Critique of Pure Reason (first Critique) and his (...) lectures on logic, and that understanding this strategy gains us interpretive insight into Kant’s moral metaphysics. At the most general level of methodology, Kant says there are four steps for the establishment of any science: 1) make distinct the idea of the natural unity of its material 2) determine the special content of the science 3) articulate the systematic unity of the science 4) critique the science to determine its boundaries The first two of these steps are accomplished by the genetically scholastic method of analysis, paradigmatically the method whereby confused and obscure ideas are made clear and distinct, thereby logically perfecting them and transforming them into possible grounds of cognitive insight that are potentially complete and adequate to philosophical purposes. The analysis of Groundwork I is a paradigmatic analysis that makes distinct what is contained in common understanding, i.e. its Inhalt or intension, making distinct the higher partial concepts that together define the concept of morality. The analysis of Groundwork II is an employment more specifically of the method of logical division, which makes distinct what is contained under the concept, i.e. its Umfang, by which the extension or object of morality is determined. Part I introduces Kant’s conception of moral metaphysical science and why he took it to be in need of establishment, explains the general method for establishing science and the scholastic method of analysis by which its first two steps are to be accomplished, then provides an interpretation of Groundwork I as an execution of this method. Part II details Kant’s determination of the special content of moral science in Groundwork II in relation to the central problem for moral metaphysics – how synthetic a priori practical cognition is possible. (shrink)

Constitutional democracies unilaterally enact the laws that regulate immigration to their territories. When are would-be migrants to a constitutional democracy morally justified in breaching such laws? Receiving states also typically enact laws that require their existing citizens to participate in the implementation of immigration restrictions. When are the individual citizens of a constitutional democracy morally justified in breaching such laws? In this article, I take up these questions concerning the justifiability of noncompliance with immigration law, focusing on the case of (...) nonviolent – or mere – noncompliance. Dissenting from Javier Hidalgo’s view, I argue that the injustice of an immigration law is insufficient to make mere noncompliance justified. Instead, I contend that only if an immigration law lacks legitimate authority are individuals justified in breaching it, since the subjects of an institution with legitimate authority are under a content-independent moral duty to comply with its rules. I further argue that a constitutional democracy’s regimes of law regulating immigration and requiring its citizens’ participation in implementing these regulations have legitimate authority. Nevertheless, when a particular immigration law is egregiously unjust, its legitimacy is defeated. (shrink)

This article discloses topical issues of the need for constant monitoring of changes in the business activity in enterprise structures. The main purpose of the study is to monitor the business activity of industrial enterprise structures of Ukraine to predict their development under martial law. A critical analysis of the content of scientific publications to solve the problem of improving the management of business activity of business structures revealed the lack of attention of scientists to the problems under study. (...) The relevance of its solution is due to the scale of the impact of military conflicts on the business activity in enterprise structures, which requires its monitoring to further establish the state and ensure compliance of the business with the norms that are considered necessary to maintain a certain level of stability of development or to survive, to determine areas where the business can improve its activities and become more profitable. The methodological basis is the system of methods used to obtain the final results of the study: theoretical generalization – to deepen the essence of the concept of «monitoring business activity»; analysis, synthesis and logical generalization – to obtain conclusions during monitoring of business confidence and business climate in industry; prognostic – to predict the development of industrial business structures of Ukraine under martial law. The object of research in the work is the business activity of business structures. The article presents the results of monitoring business confidence and business climate in the industry of Ukraine under martial law. Analysis, synthesis and logical generalization of monitoring results became the basis for further forecasting the development of business structures. The results of the study can be useful for business structures that seek to maintain a certain level of stability of development and identify areas of improvement. (shrink)

If an asymmetry in time does not arise from the fundamental dynamical laws of physics, it may be found in special boundary conditions. The argument normally goes that since thermodynamic entropy in the past is lower than in the future according to the Second Law of Thermodynamics, then tracing this back to the time around the Big Bang means the universe must have started off in a state of very low thermodynamic entropy: the Thermodynamic Past Hypothesis. In this paper, we (...) consider another boundary condition that plays a similar role, but for the decoherent arrow of time, i.e. the subsystems of the universe are more mixed in the future than in the past. According to what we call the Entanglement Past Hypothesis, the initial quantum state of the universe had very low entanglement entropy. We clarify the content of the Entanglement Past Hypothesis, compare it with the Thermodynamic Past Hypothesis, and identify some challenges and open questions for future research. (shrink)

The thesis that existence is radically different from the determinacy of an actually existing thing –Kant considers this thesis to be the unsurmountable objection against the cosmological and the ontological argument– is the same thesis that demands a specific explanation of the existence of that actually existing thing. The notion of existence that results from its complete exclusion from the realm of the contents thoroughgoing determined by real predicates requires, thus, precisely because this thoroughness excludes it, a specific reason that (...) explains that in the actually existing thing its own actual existence is in fact united with its own determinacy; that notion of existence, however, cancels at the same time the requirement of a sufficient reason of the existence of what actually exists, and again for the same reason, namely, because since existence is as such excluded from the determinacy of the existing things, it radically differs from the specific realm where determinacy is constituted (that is why existing things are thoroughgoing determined as possible), and, therefore, it invalidates any application to itself of the logical laws that are valid only for the merely possible domain of determinacy. (shrink)

The manual represents the evolution of the concept of law from antiquity to the end of XX century. It also describes some important Anglo-American directions in the philosophy of law, which are important for developments of Ukrainian legal system (legal positivism, naturalism, realism, criticism, feminism, economical theory of law, postmodernism, etc. The main text is supplemented with excerpts from the writings on the philosophy of law, which are little known for Ukrainian readers. The audience of textbook is students, educators, jurists (...) and lawyers, legislators, and public officials. -/- Contents in English. (shrink)

I have argued that emergentism is a non-computational theory of mind, because this theory says that mind or consciousness emerges from material objects, but it will not be reduced to that matter. That is to say that the higher level of quality emerge from a lower level of existence. It emerges therefrom, and does not belong to that level, but constitutes its possessor a new order of existence with its social laws of behaviour. Thus, emergentism is an anti-reductionists' theory of (...) the mind and has established the hardness of the problem of consciousness. The physicalistic theory of mind in all its hues faces the question as to how we can account for the qualitative content of our consciousness. It cannot ultimately tell us how the subjective content of our consciousness. (shrink)

The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not (...) practicable to predicate law’s content on the ability of legal officials to resolve moral controversies; (2) it would be impermissibly uncharitable to claim that participants in the legal system commit widespread error in failing to regard moral argument as the focus of legal interpretation; (3) whereas the legal official may initially respond to a conflict at the intuitive moral level, she must resolve the controversy at the deliberative, critical level, at which moral and legal thinking diverge; (4) because no two cases are precisely alike, and owing to the open texture of natural language, reference to extra-jurisdictional “persuasive” and “secondary” authority permeates legal argument, yet, nearly by definition, such linguistic sources cannot have engendered significant moral impacts in the home jurisdiction; and (5) one way or another, we ultimately arrive at linguistic contents. The paper concludes by accepting, as undeniable, that legal institutional actions have moral impacts, and generate moral obligations. Officials are obligated to adhere to certain constraints in their treatment of one another, cases, litigants and citizens. Less explored, however, have been the ways in which legal pronouncements likely morally impact the community, beyond the issue of a duty to obey the law. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal (...) statements theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

Even if all of the content of conscious experience is encoded in the brain, there is a considerable difference between the view that consciousness does independent processing and the view that it does not. If all processing is done by the brain, then conscious experience is unnecessary and irrelevant to behavior. If consciousness performs a function, then its association with particular aspects of brain processing reflect its functional use in determining behavior. However, if consciousness does perform a function, it (...) cannot be described entirely by known physical laws. Rather, even if the content of conscious experience follows physical encoding in the brain, consciousness must then be governed in part by a principle which is different from any known physical principle. (shrink)

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (shrink)

That i) there is a somehow determined chronology of Plato’s dialogues among all the chronologies of the last century and ii) this theory is subject to many objections, are points this article intends to discuss. Almost all the main suggested chronologies of the last century agree that Parmenides and Theaetetus should be located after dialogues like Meno, Phaedo and Republic and before Sophist, Politicus, Timaeus, Laws and Philebus. The eight objections we brought against this arrangement claim that to place the (...) dialogues like Meno, Phaedo and Republic both immediately after the early ones and before Parmenides and Theaetetus is epistemologically and ontologically problematic. -/- Key Words: Plato; chronology; knowledge; being; Parmenides -/- Introduction While the ancient philosophers, doxographers and commentators from Aristotle onward considered, more or less, the question of the date and arrangement of the dialogues (cf. Irwin 2008, 77 n. 69), they would not observe a firm necessity to consider the progress of Plato’s theories in dialogues, maybe because they did not think of any essential shift in there. We might be able to say, nevertheless, that the most prominent feature of the ancient attitude to Plato was its peculiar attention to the Republic and the Timaeus as the most mature works in his philosophy and also the consideration of Laws as a later work. This tendency can be discovered from the general viewpoint of the first chronologies of the early 19th century after starting to deal with the issue. That Schleiermacher observed Republic as the culmination of Plato’s philosophy and as one of the latest dialogues besides Laws and Timaeus could reflex the implicit chronology of the tradition in the first mirrors it found. Another tendency in Schleiermacher is taking the triology of Theaetetus, Sophist and Politicus as relatively early. From the last quarter of 19th century onward, stylometry helped scholars to establish a new framework to constructa new arrangement between the dialogues. Based on stylistic as well as literary findings, Campbell (1867, xxxff.) argued for the closeness of the style of Sophist and Politicus with Timaeus, Critias, Philebus and Lawsthat, especially because of the certain evidence about this last dialogue’s lateness, led to the consideration of all as late dialogues. Almost every other stylistic effort after Campbell approved the similarities between Sophist and Politicus with Timaeus, Critias, Philebus and Laws. The result of all such investigations led to a new chronology that, despite some differences, has a fixed structure in all its appearances. 1. The Standard Chronology of the Dialogues The chronologies that are now commonly accepted are mostly based on the arrangement of dialogues to three groups corresponding to three periods of Plato’s life, which became predominant after applying stylistic features in assessing the similarities between dialogues. The fact that all the stylometric considerations reached to the similar results about the date of dialogues while they were assessing different stylistic aspects helped the new chronology become prevailing not only among stylistic chronologies but also between those like Fine, Kahn and Vlastos who were inclined more to the content-based arrangements. Even this latter group could not neglect the apparently certain results of using the method of stylometry. This was the main reason, I think, that made what they called content-based chronology be under the domination of stylometry much more than they could expect. The division of the dialogues into three separate groups became something that most of the scholars took for granted so far as Kahn thinks this division 'can be regarded as a fixed point of departure in any speculation about the chronology of the dialogues' (1996, 44). Thereafter, all the chronologists are accustomed to divide the dialogues to three groups of early, middle and late corresponding to the three stages of Plato’s life. Nevertheless, some of them tried to make subdivisions among each group and introduce some of the dialogues as transitional between different periods and thus reached to a fourfold classification of the dialogues. Although theycould never achieve to a consensus about the place of some dialogues, about which we will discuss soon, the whole spirit of theirchronological arrangements is the same and thus compelling enough for us to unify all of them with the label of 'Standard Chronology of Dialogues' (SCD). We brought together some of the most famous chronologies in the table below to make a comparison easier and to show how all are approximately of the same opinion about the place of some dialogues. The following points must be noted about this table: 1. I divided the dialogues to eight groups of early, late early, transitional, early middle, late middle, post-middle, early late, and late. Although none of the chronologists applies this classification, it can be helpful to compare them. In this table, for example, if one of the chronologist’s beholds one of the dialogues as later than all the dialogues of middle group, it is considered here as late middle. Otherwise, if it is emphasized that it is after all of them, it is considered as post-middle. The same is true about the dialogues of the late group in which I regarded the first dialogues of that period as early late only in those who explicitly considered some dialogues as earlier than other ones in the late group. Though, therefore, some of the dialogues might have not been considered as forming a distinct class, they are distinguished here. A. SCD’s Early and Transitional Dialogues When we move from stylometric to content-based chronologies, the homogeneity between the dialogues of each group is more understandable. Guthrie (1975, v. 4, 50) distinguishes three groups, the first of them includes Apology, Crito, Laches, Lysis, Charmides, Euthyphro, Hippias Minor, Hippias Major, Protagoras, Gorgiasand Ion. In addition to Meno, Phaedo and Euthydems, his first group does not include Cratylus and Menexenus. Unlike Guthrie, almost all the other content-based chronologiesof our study desire to distinguish two categories inside the first group of which the latter must be considered as the transitional group leading to the dialogues of the middle period. Kahn distinguishes four groups of dialogues and arranges two of them before middle period dialogues. The first group including Apology, Crito, Ion, Hippias Minor, Gorgiasand Menexenus he calls 'early' or 'presystematic' dialogues (1998, 124). The second group he calls the 'threshold', 'pre-middle' or 'Socratic' dialogues including seven: Laches, Charmides, Lysis, Euthyphro, Protagoras, Euthydemus and Meno. Based on Vlastos’ arrangement we must distinguish Euthydemus, Hippias Major, Lysis, Menexenus and Meno as 'transitional' dialogues from the 'elenctic' dialogues that are the other dialogues of Kahn’smentioned first two groups plus the first book of theRepublic. Fine also distinguishes 'transitional' dialogues from early or 'Socratic' dialogues,but her transitional dialogues are Gorgias, Meno, Hippias Major, Euthydemus and Cratylus of which she thinks the last two dialogues are 'controversial' (2003, 1). Her Socratic dialogues are all the remaining dialogues of Kahn’s first two groups. In spite of all the differences between the mentioned chronologies, it can be seen that all of them are inclined to arrange the early dialogues in a way that: i) Besides the dialogues that are considered as late, it never includes Republic II-X, Theaetetus, Phaedrus and Parmenides. ii) It intends to consider the dialogues like Euthydemus and Hippias Majorthat look more critical as later among the earlier dialogues or as transitional group. iii) Those who do not consider Meno as a middle period dialogue place it in their second or transitional group. iv) None of the content-based chronologies considers Phaedo and Symposium as early. Stylometric chronologies also intend to put them either as last dialogues among their early ones or as middle. B. SCD’s Middle Period Dialogues Campbell listed Republic, Phaedrus, Parmenides and Theaetetus as his second group of dialogues, an idea thatwas accepted by Brandwood. Ledger’smiddle period dialogueshad Euthydemus, Symposium and Cratylus in addition to the dialogues that Campbell and Brandwood had mentioned as middle. Among content-based chronologies, Guthrie’s list of middle period dialogues did not include Parmenides but some dialogues which had been considered as early in stylometric ones: Meno, Phaedo, Republic, Symposium, Phaedrus, Euthydemus, Menexenus and Cratylus. In sofar as I know, Euthydemus and Menexenus have not been considered as middle by other content-based chronologists and Guthrie is an exception among them. That Phaedo, Phaedrus, Symposium and Republic were middle period dialogues almost all the philosophical chronologists like Kahn, Fine, Vlastos (except Rep.I), Irwin andKraut came along. The dialogues they do not string along about are Meno, Cratylus, Parmenides and Theaetetus. Those like Guthrie, Kraut and Irwin who did not consider Meno as early presumably posit it among middles. The same can be said about Cratylus in the suggested chronologies of Guthrie, Kahn, Vlastos and Kraut. Nonetheless, it is different in case of Parmenides and Theaetetus. Whereas all the mentioned stylometric chronologists like Campbell, Brandwood and Ledger set them among middle period dialogues,the philosophical chronologists, it might seem at first, did not arrive at a consensus about them. While Guthrie and Fine put them as the first dialogues of the late group, Vlastos and Kraut set them as the latest of the middle group, as well as Kahn who puts them as post-middle and amongst the late period dialogues. Regardless the way they classify their groups, their disagreement does not affect the arrangement of the dialogues: they all posit Parmenides and Theaetetus after the series of Meno, Phaedo, Phaedrus, Symposium and Republic and before Sophist, Politicus, Timaeus, Philebus and Laws. To sum up SCD’s arrangement of the middle period dialogues we can add: v) Republic and Phaedrus have been considered by all the mentioned chronologists as dialogues of the middle period. vi) All the philosophical chronologies have reached a consensus about setting Phaedo and Symposium alongside with Republic and Phaedrus as middle. vii) While Stylometric alongside some philosophic chronologists arrange Parmenides and Theaetetus among their middle period dialogues and mostly as the latest among them, other philosophical chronologists put them as the early among the late dialogues. We can conclude then that SCD intends to locate these two dialogues at the boundary between the middle and late period dialogues. -/- . (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...) Realisation of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności. Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

Abstract: This paper traces a Kantian and pragmatist line of thinking that connects the ideas of conceptual content, object cognition, and modal constraints in the form of counterfactual sustaining causal laws. It is an idea that extends from Kant’s Critique of Pure Reason through C. I. Lewis’s Mind and the World-Order to the Kantian naturalism of Wilfrid Sellars and the analytic pragmatism of Robert Brandom. Kant put forward what I characterize as a modal conception of objectivity, which he developed (...) as an extended argument stretching from the transcendental deduction through the analogies of experience to the regulative maxims of reason and reflective judgment. In related ways in Lewis and Sellars, the very idea of an object of knowledge (and of intentionality more generally) is connected with a certain lawfulness or modal constraint the necessary representation of which, they argue, is an achievement of conceptualization. While Sellars agreed with the spirit of Lewis’s famous pragmatic conception of the a priori, Sellars’s conception of meaning and conceptual content differed in crucial ways with important consequences for this issue. I argue furthermore that a certain phenomenalist temptation threatens to spoil this insight both among some of Kant’s interpreters and in Lewis’s thought. Finally, I point out that Brandom’s “Kant-Sellars thesis” provides new support for this line of thought. Although questions concerning idealism continue to raise controversies for neo-Kantians and pragmatists, the line of thought itself represents a distinctive and still promising approach to questions concerning intentionality and conceptual content. (shrink)

Jeanine Grenberg argues that in Kant's moral philosophy, we access the moral law through feeling, specifically the feeling of respect. She claims the fact of reason refers to our conscious experience of categorical imperative and moral necessity is revealed through this feeling. Owen Ware critiques this "affect of reason" interpretation, arguing it relies on the flawed premise that all facts forced upon us are accessible only through sensibility. He uses Kant's example of the concept of substance, which we comprehend through (...) attention to its necessity, not sensation. Ware offers an alternative view, that we access the moral law by attending to its necessity, not through feeling. However, this view does not explain how we become aware of the content of the moral law. Though Grenberg's affect of reason interpretation coheres with the role of feeling in Kant's project, it struggles to preserve traditional understandings of the analytic. Ware rejects Grenberg’s feeling thesis but fails to provide a substantive alternative for grounding morality. His critique of Grenberg raises important questions about the fact of reason but an improved synthesis is needed to reconcile feeling’s epistemic role with the analytic. More work is required to articulate how we access the content of the moral law and explain Kant’s notions of conflict and respect. (shrink)

It is common to think that what theory of linguistic vagueness is correct has implications for debates in philosophy of law. I disagree. I argue that the implications of particular theories of vagueness on substantive issues of legal theory and practice are less far-reaching than often thought. I focus on four putative implications discussed in the literature concerning (i) the value of vagueness in the law, (ii) the possibility and value of legal indeterminacy, (iii) the possibility of the rule of (...) law, and (iv) strong discretion. I conclude with some methodological remarks. Delineating questions about conventional meaning, the metaphysics/metasemantics of (legal) content determination, and norms of legal interpretation and judicial practice can motivate clearer answers and a more refined understanding of the space of overall theories of vagueness, interpretation, and law. (shrink)

How do we ensure agents formulating legal statements are not systematically in error? In this paper I assume that the success of legal statements follows from the fact that propositions expressed by legal statements adequately represent legal reality. I argue that the content of legal statements hinges implicetly on the sources of law and methods in which we attribute meaning to these sources. In this regard, I identify the primary obstacle to the success of actions that consist of asserting (...) legal statements as a systematic failure to refer to the proper method of interpretation by the agents formulating these statements. The paper explores several solutions to this challenge, focusing on the solution explaining the success in referring to the proper method of interpretation in virtue of meta-interpretive considerations. Subsequently, the paper discusses a challenge to this solution following from the claim that there are many different theories of meta-interpretation, and there is no fact (neither natural, nor conventional or intentional, anchored in the collective consciousness of society), determining that one of them is more accurate than the other ones. Given all the intricacies, this study focuses on exploring a coherent framework for understanding how different interpretive methods and meta-interpretative theories can be evaluated and applied in legal practice. It seeks to articulate a model that accommodates the diversity of interpretations while striving for a reasoned consensus on how legal texts should be understood and applied. (shrink)

At the beginning of Republic 2 (358e–359b), Plato has Glaucon ascribe a social contract theory to Thrasymachus and ‘countless others’. This paper takes Glaucon’s description to refer both within the text to Thrasymachus’ views, and outside the text to a series of works, most of which have been lost, On Justice or On Law. It examines what is likely to be the earliest surviving work that presents a philosophical defence of law and justice against those who would prefer their opposites, (...) On Excellence by an anonymous author usually referred to as ‘Anonymus Iamblichi’; the views on these topics among the Socratics, including Crito, Simon the Cobbler, Aristippus of Cyrene, and Antisthenes; and Socrates’ debate with Hippias ‘On Justice’ in Xenophon’s Memorabilia (4.4.5–25). Its main contention is that the ‘countless others’ referred to by Glaucon points chiefly, but not solely, to the members of the circle of Socrates, who themselves espoused a range of views on justice and law, and their relations. (shrink)

In the first half, I suggest that Kant’s conception of our moral life goes through a significant shift after 1793, with reverberations in his eschatology. The earlier account, based on the postulate of immortality, describes our moral life as an endless pursuit of the highest good, but all this changes in the later account, and I point out three possible reasons for this change of heart. In the second half, I explore how the considerations Kant brings up to argue for (...) his accounts can inform our process of formulating positions with respect to the afterlife. I argue that, in the absence of a convincing theoretical proof for or against the afterlife as well as apodictically certain knowledge of how demanding the moral law is, the Kantian strategy would be to ask which account of our moral life delivers the kind of contentment that can sustain our moral resolve. I also point out a way theists might be able to find contentment despite their moral failures by imagining God’s moral kenosis. (shrink)

I write this introduction with much work already completed in this 4th Edition of The Cone of Perception, primarily to frame the work and touch on what might be missing from it. Namely → though it is hardly lacking these, I’d like to add a few insights about the content of the work and its relevance to the subject and future technology. Why is this work still relevant? How can you use it in your work/subject/area/field, and how am I (...) supposed to read all of these equations?!! This work is relevant, because is shows us that what we may have thought impossible is phenomenological and actualized. That there are, compressed within simple formulations of geometry and parameters of spatio-temporal experiencing, really a complex harmony of relations, coefficients, hexadecimal coefficients, equilibrium, dynamics, resonances, all of which are alternating with each other in a dance of higher dimensionality through many balancing solutions. All of this, and infinitely more is going on between the distance from me to you, and between each particle in between us. You can use this in your life, work, or area of study, practically no matter what it is that you study, because these equations and insights apply to the fundament of the fabric of reality that we all share and live and the consciousness of it. Whether you are a physicists or a monk, these equations reveal answers and are the answers for the eternal questions of nature and reality. Harmony with number, visual forms, etc. are a new language. Why have questions about God been so hard to express? Words don’t always do justice to the potency of philosophical debate. Much magic mystery and magic have been neglected because of this, but math, equations, visualizations, etc. can do more to reveal insights and converse on topics philosophers have been seeking for ages. Also, this book reveals that what science is currently doing with particle accelerators, while offering its own set of insights, may actually be less productive, wasteful, unnecessary and dangerous that we think. What The Cone of Perception offers is a mental scope that will lead you on a journey from what is currently smaller than what physicists currently believe is the smallest mass/time unit all the way out to numbers and equations so large that they are not allowed by God for us to currently visualize their form. The Cone of Perception has revealed that there are particles of the photo electric effects with mass smaller than the quantum foam. That is a revelation that ought turn the obtuse world of physics on its head. There are many other section in The Cone of Perception all with equally revolutionary material. This work is meant to revolutionize the current perception of the physical world. These equations are useful to those who study dynamics, seek understanding of balance, and those who seek visualizations, mystery and empirical proof of metaphysics and magic in this world. (shrink)

Legal concepts can sometimes be unclear, leading to disagreements concerning their contents and inconsistencies in their application. At other times, the legal application of a concept can be entirely clear, sharp, and free of confusions, yet conflict with the ways in which ordinary people or other relevant stakeholders think about the concept. The aim of this chapter is to investigate the role of experimental jurisprudence in articulating and, ultimately, dealing with competing conceptual inferences either within a specific domain (e.g., legal (...) practice) or between, for example, ordinary people and legal practitioners. Although this chapter affirms the widespread assumption that experimental jurisprudence cannot, in and of itself, tell us which concepts should be applied at law, it highlights some of the contributions that experimental jurisprudence can, in principle, make to normative projects that seek to prescribe, reform, or otherwise engineer legal concepts. Thus, there is more that experimental jurisprudence can normatively offer than has usually been claimed. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

Contents 1 Introduction / 2 The Timaeus on dignity: the Demiurge’s speech / 3 Justice as a virtue / 4 The content of just actions / 5 Justice of the law and justice of the state / 6 Equality / 7 Some key issues in Plato’s conception of justice / 7.1 What is more excellent—justice of the soul or justice of action? / 7.2 Which activity is best and what is its best object? / 7.2. Just actions over contemplation (...) / 7.2. The Timaeus and Plato’s teaching on justice / 7.2. The elderly Cephalus on justice: foreword as epilogue / 7.3 The sharing of wives: testing the interpretation on a ‘hard case’ / 8 Conclusions. (shrink)