The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. (...) Each objection will be accompanied by a possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis. (shrink)

Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic and moral (...) claims. The Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive claims about the moral value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary (...) connection between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Mill (1872, 1874) is an early proponent of the thesis that economics has a special domain in which it can operate relatively independently of findings from other sciences. Contra Mill, I argue that this so-called separateness-thesis is best defendedunder an externalist interpretation of Rational Choice Theory (RCT). Mill’s defence is consistent with an internalist interpretation of RCT. Internalism holds that RCT depicts psychological mechanisms operating in economic agents. I argue that such a defence fails to establish separateness, because (...) it makes economics highly depended on psychological findings. However, externalism understands RCT as an adequate description of how agents react to incentives if certain environmental structures are present. Under this interpretation, we can defend separateness by investigating which features of an environmental structure will lead agents to behave in accordance with RCT. Thereby, we can derive indicators that enable us to demarcate a separate domain for economics. (shrink)

Thomas Aquinas consistently defended the thesis that the separated rational soul that results from a human person’s death is not a person. Nevertheless, what has emerged in recent decades is a sophisticated disputed question between “survivalists” and “corruptionists” concerning the personhood of the separated soul that has left us with intractable disagreements wherein neither side seems able to convince the other. In our contribution to this disputed question, we present a digest of an unconsidered middle way: the separated soul (...) is an incomplete person. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then this is (...) impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

In this paper, I wish to defend Aristotle’s naturalness thesis. First, I argue against the claim that the city fails to meet the criteria (e.g. separability, continuity, etc.) Aristotle sets for substantiality in the Metaphysics. Second, I examine the problem of the Principle of Transitivity of End in Aristotle’s telic argument for the naturalness of the city. I argue that the city exists for its own end. Finally, I discuss the problem of the legislator in the genesis of (...) the city. I argue that the legislator is only responsible for the actualization of the potential form that Nature has set forward. (shrink)

Pierre Duhem is the discoverer of the physics of the Middle Ages. The discovery that there existed a physics of the Middle Ages was a surprise primarily for Duhem himself. This discovery completely changed the way he saw the evolution of physics, bringing him to formulate a complex argument for the growth and continuity of scientific knowledge, which I call the ‘Pierre Duhem Thesis’ (not to be confused either with what Roger Ariew called the ‘true Duhem thesis’ as (...) opposed to the Quine-Duhem thesis, which he persuasively argued is not Duhem’s, or with the famous ‘Quine-Duhem Thesis’ itself). The ‘Pierre Duhem Thesis’ consists of five sub-theses (some transcendental in nature, some other causal, factual, or descriptive), which are not independent, as they do not work separately (but only as a system) and do not relate to reality separately (but only simultaneously). The famous and disputed ‘continuity thesis’ is part, as a sub-thesis, from this larger argument. I argue that the ‘Pierre Duhem Thesis’ wraps up all of Duhem’s discoveries in the history of science and as a whole represents his main contribution to the historiography of science. The ‘Pierre Duhem Thesis’ is the central argument of Pierre Duhem's work as historian of science. (shrink)

According to what I call the ‘Discontinuity Thesis’, literature can never count as genuine philosophizing: there is an impermeable barrier separating it from philosophy. While philosophy presents logically valid arguments in favor of or against precisely formulated statements, literature gives neither precisely formulated theses nor arguments in favor of or against them. Hence, philosophers don’t lose out on anything if they don’t read literature. There are two obvious ways of questioning the Discontinuity Thesis. First, arguing that literature can (...) indeed do what philosophy is generally taken to do. Second, arguing that philosophy is not, in fact, the presentation of logically valid arguments in favor or against precisely formulated statements – what it does is closer to what literature is generally taken to do. I use a combination of these two strategies and argue that philosophy is not as intellectually straightforward as it is advertized to be and literature is not as intellectually impoverished as it is generally taken to be. (shrink)

Data from the World Values Survey shows that generalized trust in Mainland China—trust in out-group members—is very low, but generalized trust in Taiwan is much higher. The present article argues that positive interactions with out-group members in the context of Taiwan’s export-oriented economy fostered generalized trust—and so explains this difference. This line of argument provides evidence for Albert O. Hirschman’s doux commerce thesis, that market interaction can improve persons and even stabilize the social order. The present article defends this (...) point by separating two theses that Hirschman combines under that label, a countervailing forces thesis and a doux commerce thesis narrowly understood. These theses offer different explanations (or mechanisms) for how commerce could have those positive effects. The data about Taiwanese trust practices provides evidence for the latter. (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)

This paper argues that popular criticisms of semantic holism (such as that it leaves the ideas of translation, disagreement and change of mind problematic) are more properly directed at an "instability assumption" which, while often associated with holism, can be separated from it. The versions of holism that follow from 'interpretational' account of meaning are not committed to the instability assumption and can thus avoid many of the problems traditionally associated with holism.

The article examines the issue of a necessary connection between the phenomena of law and morality. A new classification of contemporary legal philosophy theories based on a distinction between «dietary» and «calorie» views on the question of the extent that the substantive content of law needs to be consistent with the moral requirements for it to be legal is proposed and justified. It offers a critical analysis of «dietary» views based on the assertion that the law can have any content, (...) including absolutely immoral content (the so-called «separability thesis»). (shrink)

The value of this essay is not to reiterate the extant views on horror literature, but to make available for the first time to the world at large the textual foundations of considering horror literature as a genre by itself. The Gothic is a different genre altogether though most of us want to conflate and confuse between these two genres. Someday I shall write at length about the nature of the horrific. Suffice to say for now that the focus is (...) that long ago, H. P. Lovecraft in his essay mentioned within this essay distinguished between the gothic as a literary genre and horror literature as another literary genre. And Lovecraft showed us that the horror as a literary genre is by far the greater of the two genres. This essay does not get into the literary values of either the gothic or the horror novel. That has been treated in a fuller manner by this author in his PhD thesis. (shrink)

Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that the (...) in bello rules will be violated. A controversial implication of this is that it’s possible for soldiers to undergo acts that are instrumental in bringing about victory in an unjust war and yet do nothing morally wrong. Some authors – call them purists – claim that this cannot be correct. Participating in an unjust war is by itself morally wrong. Yitzhak Benbaji has given what is to my mind the strongest defense of the independence thesis. In this paper I critically examine Benbaji’s argument and conclude that it is not persuasive. My argument against Benbaji incorporates the concept of honor in the military. I seek to show, in part, that if the recent literature is correct concerning both the nature of honor and the importance of instilling it in soldiers, then Benbaji hasn’t given the purist a compelling reason to give up her view. (shrink)

The thesis is: the “periodic table” of “dark matter” is equivalent to the standard periodic table of the visible matter being entangled. Thus, it is to consist of all possible entangled states of the atoms of chemical elements as quantum systems. In other words, an atom of any chemical element and as a quantum system, i.e. as a wave function, should be represented as a non-orthogonal in general (i.e. entangled) subspace of the separable complex Hilbert space relevant to the (...) system to which the atom at issue is related as a true part of it. The paper follows previous publications of mine stating that “dark matter” and “dark energy” are projections of arbitrarily entangled states on the cognitive “screen” of Einstein’s “Mach’s principle” in general relativity postulating that gravitational field can be generated only by mass or energy. (shrink)

Moral anti-theodicists have posed a consequentialist argument against the theodical enterprise: that theodicies lead to harmful consequences in reality and that this should be sufficient reason to motivate abandoning the practise of theodicising altogether. In this paper, I examine variants of this argument and discuss several prominent responses from theodicists, including the separation thesis. I argue that while these responses are effective in resisting the global conclusion by the anti-theodicist, it still leaves the theodical enterprise vulnerable to a weaker (...) version of the consequentialist critique. In response, I develop an account of ‘theodicies-of-embrace-protest’ which is able to preserve the meaningful strides made in traditional theodicies while taking seriously the criticisms of the moral anti-theodicists. I suggest that sceptical theism fits this bill. (shrink)

The objection from the insolvability of principle-based modal disagreements appears to support the claim that there are no objective modal facts, or at the very least modal facts cannot be accounted for by modal rationalist theories. An idea that resurfaced fairly recently in the literature is that the use of ordinary empirical statements presupposes some prior grasp of modal notions. If this is correct, then the idea that we may have a total agreement concerning empirical facts and disagree on modal (...) facts, which is the starting point of the objection from the insolvability of modal disagreement, is undercut. This paper examines the no-separation thesis and shows that some of the arguments against the classical (empiricist) distinction between empirical and modal statements fail to be conclusive if they are taken to defend a strong notion of metaphysical possibility. The no-separation thesis appears to work only in theoretical frameworks where metaphysical modalities are considered (broadly) conceptual. For these reasons, the no-separation thesis cannot save modal rationalism from the insolvability of modal disagreement. (shrink)

This thesis proposes that key, competing theories of dispositions mistake and conflate how we identify, designate and talk about dispositions and dispositional terms for the nature of dispositions and the meaning of dispositional terms when they argue that: a) dispositions are extrinsic properties of their bearers (Boyle 1666) b) all properties are purely dispositional (Bird 2007) c) all properties are purely categorical (there are no dispositional properties) (Armstrong in AMP 1996) d) dispositional and categorical properties are separate and distinct (...) properties (Prior, Pargetter and Jackson 1982). In so doing these theories make unwarranted and unsupported ontological conclusions about dispositions. The thesis traces the principal source of this confusion and conflation to a reliance on the counterfactual analysis of dispositions that wrongly encourages the conflation of a disposition (say fragility) with its manifestation (shattering). There is good reason to hold that the counterfactual analysis of dispositions is false — the truth of a counterfactual statement (such as “if x were dropped x would break”) is neither necessary nor sufficient for the truth of a dispositional ascription (such as “x is fragile”). (shrink)

Thomistic Hylomorphists claim that we human persons have rational or intellective souls which can continue to exist separately from our bodies after we die. Much of the recent scholarly discussion of Thomistic Hylomorphism has centered on this thesis and the question of whether human persons can survive death along with their souls or whether only their souls can survive in this separated, disembodied, post-mortem state. As a result, two rival versions of Thomistic Hyomorphism have been formulated: Survivalism and Corruptionism. (...) This chapter makes a new contribution to the debate between Survivalists and Corruptionists by identifying a heretofore undiscussed problem for Corruptionist Thomistic Hylomorphism. In particular, it is argued that if Corruptionists were right that human persons cannot survive their deaths along with their souls, this would undermine the grounds on which all Thomistic Hylomorphists, including Corruptionists, rely to justify their belief that our souls can continue to exist after our deaths. Given this, it is argued that Thomistic Hylomorphists have grounds for thinking that our souls can continue to exist after our deaths only if they allow, as Survivalists do and Corruptionists do not, that we human persons can continue to exist after our deaths, with souls but no bodies. (shrink)

This thesis is about making decisions when we are uncertain about what will happen, how valuable it will be, and even how to make decisions. Even the most sure-footed amongst us are sometimes uncertain about all three, but surprisingly little attention has been given to the latter two. The three essays that constitute my thesis hope to do a small part in rectifying this problem. The first essay is about the value of finding out how to make decisions. (...) Society spends considerable resources funding people (like me) to research decision-making, so it is natural to wonder whether society is getting a good deal. This question is so shockingly underresearched that bedrock facts are readily discoverable, such as when this kind of information is valuable. My second essay concerns whether we can compare value when we are uncertain about value. Many people are in fact uncertain about value, and how we deal with this uncertainty hinges on these comparisons. I argue that value comparisons are only sometimes possible; I call this weak comparability. This essay is largely a synthesis of the literature, but I also present an argument which begins with a peculiar view of the self: it is as if each of us is a crowd of different people separated by time (but connected by continuity of experience). I’m not the first to endorse this peculiar view of the self, but I am the first to show how it supports the benign view that value is sometimes comparable. We may be uncertain of any decision rules, even those that would tell us how to act when we face uncertainty in decision rules. We may be uncertain of how to decide how to decide how to... And so on. If so, we might have to accept infinitely many decision rules just to make any mundane decision, such as whether to pick up a five-cent piece from the gutter. My third essay addresses this problem of regress. I think all of our decisions are forced: we must decide now or continue to deliberate. Surprisingly, this allows us to avoid the original problem. I call this solution “when forced, do your best”. (shrink)

The thesis that the two-valued system of classical logic is insufficient to explanation the various intermediate situations in the entity, has led to the development of many-valued and fuzzy logic systems. These systems suggest that this limitation is incorrect. They oppose the law of excluded middle (tertium non datur) which is one of the basic principles of classical logic, and even principle of non-contradiction and argue that is not an obstacle for things both to exist and to not exist (...) at the same time. However, contrary to these claims, there is no inadequacy in the two-valued system of classical logic in explanation the intermediate situations in existence. The law of exclusion and the intermediate situations in the external world are separate things. The law of excluded middle has been inevitably accepted by other logic systems which are considered to reject this principle. The many-valued and the fuzzy logic systems do not transcend the classical logic. Misconceptions from incomplete information and incomplete research are effective in these criticisms. In addition, it is also effective to move the discussion about the intellectual conception (tasawwur) into the field of judgmental assent (tasdiq) and confusion of the mawhum (imaginable) with the ma‘kûl (intellegible). (shrink)

This is a non-technical version of "The Decision Problem for Effective Procedures." The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined, even if it does not have a purely mathematical definition—and even if (as many have asserted) for that reason, the Church–Turing thesis (that the effectively calculable functions on natural numbers are exactly the general recursive functions), cannot be proved. However, it is logically provable from the notion of (...) an effective procedure--without reliance on any (partially) mathematical thesis or conjecture concerning effective procedures, such as the Church–Turing thesis--that the class of effective procedures is undecidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. The proof does not appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of such a procedure. Though this undecidability result itself is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure is, in fact, a decision procedure, i.e., effective—for example, that it invariably terminates with the correct verdict. (shrink)

The thesis that there is a reciprocal relationship between human beings and work—i.e., although man controls work, he may find in it either fulfillment or degradation—has its roots in the Marxist theory of alienation. This paper, therefore, tackles this problem from a Marxist perspective. It examines Marx and Engels’s analysis of the history and causes of human alienation by presenting their views on human nature and how work is related to the individual’s search for meaning and fulfillment. The two—man (...) and work—cannot be separated, for doing so leads to alienated work (production alienation) and alienated worker (self-alienation). Hence, the problem of employee satisfaction has to be dealt with from the perspective of how employees experience their relation to their work. (shrink)

R. M. Chisholm interprets Brentano’s theory of intentionality through the lens of two theses: the ontological thesis, according to which the intentionality of the mental designates the fact that there is an immanent object in the act; and the psychological thesis, according to which intentionality consists of the direction of the mental act toward the extra-mental object. In my paper I interpret Chisholm’s and Brentano’s theses on intentionality from two perspectives: intentionality as the most salient distinguishing feature separating (...) the mental from the physical (Chisholm’s ontological thesis), and intentionality as a theory of the way in which mental acts with their content are related to extra-mental but theoretically-constructed objects of physics (Chisholm’s psychological thesis). Thus, an important issue of my paper is also to show that Chisholm’s well-known ontological and psychological theses on Brentanian intentionality rest on presuppositions that do not fit the program of Brentanian psychology. (shrink)

The thesis of the paper maintains it is impossible to disregard a change in the statue of analytical psychology involving the notion of psychoid and its correlation to quantum physics, being psyche not separable from matter. This change finds its most accomplished and impressive epicentre in C.G. Jung and W. Pauli’s theory of synchronicity, in which the Jungian Self becomes the psyche’s quantum psychoid regulatory center, in a Spiritual sense.

The extended mind thesis claims that a subject’s mind sometimes encompasses the environmental props the subject interacts with while solving cognitive tasks. Recently, the debate over the extended mind has been focused on Markov Blankets: the statistical boundaries separating biological systems from the environment. Here, I argue such a focus is mistaken, because Markov Blankets neither adjudicate, nor help us adjudicate, whether the extended mind thesis is true. To do so, I briefly introduce Markov Blankets and the free (...) energy principle in Section 2. I then turn from exposition to criticism. In Section 3, I argue that using Markov Blankets to determine whether the mind extends will provide us with an answer based on circular reasoning. In Section 4, I consider whether Markov Blankets help us track the boundaries of the mind, answering in the negative. This is because resorting to Markov Blankets to track the boundaries of the mind yields extensionally inadequate conclusions which violate the parity principle. In Section 5, I further argue that Markov Blankets led us to sidestep the debate over the extended mind, as they make internalism about the mind vacuously true. A brief concluding paragraph follows. (shrink)

This thesis focuses on Carl Schmitt’s political theory of the strong state and the way his own concept of the political justifies strong coercive methods to de-politicise the economy. According to Schmitt, the strong state should have the legitimate capacity to counter democratisation of the economy and limit the possibility of social movements from “confounding” (Verwirrung) or “confusing” (Vermischung) the state and economy. Unlike many, who argue that Schmitt was in this extent (an economic) liberal, as he sought to (...) uphold a distinction between politics and economy, I argue that behind Schmitt’s institutional distinction between state and economy lies an explicitly anti-liberal conceptual distinction between the political and social. It is the task of this conceptual distinction to justify strong coercive means to counter socialist demands for economic justice. The distinction is anti-socialist or anti-democratic as it tries limit the “uncontrollable” expansion of the state into the economy by establishing the autonomy of the political from the economy. This enables him to accuse democratic forces of illegitimately “politicising” the economy in a way that contradicts this necessary autonomy. On the other hand, the distinction is anti-liberal as it does not argue for the autonomy of the economy, but its relative dependence on the strong state to uphold social order necessary for capitalist system of production. I have decided to use the term “authoritarian distinction” to define Schmitt’s conceptual distinction and its normative implications. The authoritarian distinction between the political and social is not simply a conceptual distinction but it establishes a normative basis for re-organising the relationship between the state and economy. In order to flesh out the specific nature of Schmitt’s authoritarian distinction, I have connected his thought with other theories of sovereignty and how they support the state’s authoritarian relationship with the economy. The thesis has three objectives. First, I want to develop a form of analysis of Schmitt’s work that connects his theoretical work with political struggle. To engage in political theory and conceptual work means to take part in politics. The concept of the political is no different, and it cannot be detached from political and normative entailments as it seeks to transform the way we perceive politics. In contrast to those who argue that Schmitt’s work on the concept of the political can be abstracted from his own political objectives, I analyse his conceptual work in tandem with his texts that explicitly engage in the politics of his time. On the basis of this analysis, I show that Schmitt’s abstract work takes part in the class struggle that was prevalent in the Weimar Republic. The conceptual distinction between the political and social is at the heart of his attempt to authorise exceptional measures to counter the labour movement of his time. Second, it is far too often that all distinction of the state and economy are reduced to analyses of liberalism. This has meant that Schmitt, too, has been claimed to adhere to a version of liberalism simply because his theory justifies limiting the politicisation of the economy. To me it seems that the focus on the liberal side of de-politicisation has produced a very one-sided narrative. In order to argue this, I discuss to an extent other theorists of sovereignty, namely Hobbes and Rousseau, and point out that even they sought to establish a distinction between the state and economy in a way that contradicts liberalism but still leaves capitalist means of production intact. To reduce Hobbes or Schmitt to a role of a precursor to liberalism means to look aside the specific nature of their theory – and, for that matter, the specificity of liberalism. Furthermore, I discuss to an extent how both liberals and these various theories of sovereignty are similar in so far as they accept the modern development of the economy as its separate sphere from politics. Third, I want to criticise the recent attempts to appropriate Schmitt’s concept of the political on the left. Many have argued that Schmitt’s concept of the political as autonomous to the social is useful in overcoming traditional Marxism and use for radicalising democracy. However, my thesis suggests that this strategy needs to be problematised, as Schmitt’s conceptual distinction cannot be separated from his anti-democratic and -socialist economic policies. In the future, I hope to further explore this need to re-think the relationship between the political and social, and whether or not we should return to a more standard Marxist understanding of this relationship. (shrink)

The thesis we’re going to present gets to maintain it impossible to disregard a quantum – psychoid change of the analytical psychology statute – being the psyche not separable from the matter – that finds its most accomplished and impressive epicentre in C.G.Jung and W.Pauli’s theory of the synchronicity.

In this paper I argue that, contrary to what one might think, early modern rationalism displays an increasing and well-grounded sensitivity to certain metaphysical questions substantial form was designed to answer—despite the fact that the notion itself was in such disrepute, and emphatically banished from natural philosophy. This main thesis is established by examining the thought of Descartes, Spinoza, and Leibniz through the framework constituted by what have been designated as the two aspects, metaphysical and physical, of substantial form. (...) This examination shows that Descartes ends up assigning to soul a notable metaphysical task formerly assigned to substantial form, whereas Spinoza advances a theory of essences motivated by the philosophical concerns behind the two aspects of substantial form. Leibniz finally makes a sharp distinction between natural philosophy and metaphysics as he develops a dynamistic theory that deliberately aims at understanding substantial form in a new fashion. This line of development is designated as one major factor contributing to the separation of philosophy and natural science. (shrink)

It is fairly widely accepted that Saul Kripke, Keith Donnellan, and others showed in the 1960s–1980s that proper names, in particular uses by speakers, can refer to things free of anything like the epistemic requirements posited by Gottlob Frege and Bertrand Russell. This paper separates two aspects of the Frege–Russell view of name reference: the metaphysical thesis that names in particular uses refer to things in virtue of speakers thinking of those things and the epistemic thesis that thinking (...) of things requires a means of determining which thing one is thinking of. My question is whether the Kripke–Donnellan challenge should lead us to reject,, or both. Contrary to a popular line of thinking that sees practices or conventions, rather than singular thinking, as determinative of linguistic reference, my answer is that we should reject only the epistemic thesis, not the metaphysical one. (shrink)

Yitzhak Melamed here offers a new and systematic interpretation of the core of Spinoza's metaphysics. In the first part of the book, he proposes a new reading of the metaphysics of substance in Spinoza: he argues that for Spinoza modes both inhere in and are predicated of God. Using extensive textual evidence, he shows that Spinoza considered modes to be God's propria. He goes on to clarify Spinoza's understanding of infinity, mereological relations, infinite modes, and the flow of finite things (...) from God's essence. In the second part of the book, Melamed relies on this interpretation of the substance-mode relation and the nature of infinite modes and puts forward two interrelated theses about the structure of the attribute of Thought and its overarching role in Spinoza's metaphysics. First, he shows that Spinoza had not one, but two independent doctrines of parallelism. Then, in his final main thesis, Melamed argues that, for Spinoza, ideas have a multifaceted structure that allows one and the same idea to represent the infinitely many modes which are parallel to it in the infinitely many attributes. Thought turns out to be coextensive with the whole of nature. Spinoza cannot embrace an idealist reduction of Extension to Thought because of his commitment to the conceptual separation of the attributes. Yet, within Spinoza's metaphysics, Thought clearly has primacy over the other attributes insofar as it is the only attribute which is as elaborate, as complex, and, in some senses, as powerful as God. (shrink)

Systematicity theory—developed and articulated by Paul Hoyningen-Huene—and scientific realism constitute separate encompassing and empirical accounts of the nature of science. Standard scientific realism asserts the axiological thesis that science seeks truth and the epistemological thesis that we can justifiably believe our successful theories at least approximate that aim. By contrast, questions pertaining to truth are left “outside” systematicity theory’s “intended scope” ; the scientific realism debate is “simply not” its “focus”. However, given the continued centrality of that debate (...) in the general philosophy of science literature, and given that scientific realists also endeavor to provide an encompassing empirical account of science, I suggest that these two contemporary accounts have much to offer one another. Overlap for launching a discussion of their relations can be found in Nicholas Rescher’s work. Following through on a hint from Rescher, I embrace a non-epistemic, purely axiological scientific realism—what I have called, Socratic scientific realism. And, bracketing the realist’s epistemological thesis, I put forward the axiological tenet of scientific realism as a needed supplement to systematicity theory. There are two broad components to doing this. First, I seek to make clear that axiological realism and systematicity theory accord with one another. Toward that end, after addressing Hoyningen-Huene’s concerns about axiological analysis, I articulate a refined axiological realist meta-hypothesis: it is, in short, that the end toward which scientific inquiry is directed is an increase in a specific subclass of true claims. I then identify a key feature of scientific inquiry, not generally flagged explicitly, that I take to stand as shared terrain for the two empirical meta-hypotheses. And I argue that this feature can be informatively accounted for by my axiological meta-hypothesis. The second broad component goes beyond mere compatibility between the two positions: I argue that, in want of a systematic account of science, we are prompted to find an end toward which scientific inquiry is directed that is deeper than what systematicity theory offers. Specifically, I argue that my refined axiological realist meta-hypothesis is required to both explain and justify key dimensions of systematicity in science. To the quick question, what is it that the scientific enterprise is systematically doing? My quick answer is that it is systematically seeking to increase a particular subclass of true claims. (shrink)

This paper addresses the two extensional objections to the Humean Theory of Reasons—that it allows for too many reasons, and that it allows for too few. Although I won’t argue so here, manyof the other objections to the Humean Theoryof Reasons turn on assuming that it cannot successfully deal with these two objections.1 What I will argue, is that the force of the too many and the too few objections to the Humean Theorydepend on whether we assume that Humeans are (...) committed to a thesis about the weight of reasons—one I call Proportionalism. In particular, I’ll show how a version of the Humean Theorythat rejects Proportionalism can reasonablyhope to escape both the too many and the too few objections. This will constitute my defense of this version of the Humean Theory. But then, separately, I will argue that this defense of the Humean Theoryis not ad hoc. I’ll argue that Humeans have no reason to accept Proportionalism in the first place. Or at least, no weightyone. There are three parts to the paper. In Part 1 we introduce the Humean Theoryand the too few reasons objection. I’ll first layout the objection, and then layout the basis for a response on behalf of myfavored version of the Humean Theory. There will be an obvious objection to my defense— but it will turn out to depend on the assumption of Proportionalism. This will constitute myargument that the susceptibilityof the Humean Theoryto.. (shrink)

Heralded as the “Father of the Constitution,” James Madison was, besides one of the most influential architects of the U.S. Constitution, a man of letters, a politician, a scientist and a diplomat who left an enduring legacy for American philosophical thought. As a tireless advocate for the ratification of the Constitution, Madison advanced his most groundbreaking ideas in his jointly authoring The Federalist Papers with John Jay and Andrew Hamilton. Indeed, two of his most enduring ideas—the large republic thesis (...) and the argument for government separation-of-powers/checks-and-balances—are contained in there. In his life’s work, Madison fused together the three dominant philosophies in post-revolutionary, antebellum America: Lockean liberalism, classical republicanism and Christian Protestantism. (shrink)

Moral, social, political, and other “nonepistemic” values can lead to bias in science, from prioritizing certain topics over others to the rationalization of questionable research practices. Such values might seem particularly common or powerful in the social sciences, given their subject matter. However, I argue first that the well-documented phenomenon of motivated reasoning provides a useful framework for understanding when values guide scientific inquiry (in pernicious or productive ways). Second, this analysis reveals a parity thesis: values influence the social (...) and natural sciences about equally, particularly because both are so prominently affected by desires for social credit and status, including recognition and career advancement. Ultimately, bias in natural and social science is both natural and social— that is, a part of human nature and considerably motivated by a concern for social status (and its maintenance). Whether the pervasive influence of values is inimical to the sciences is a separate question. (shrink)

This dissertation addresses a debate about the proper relationship between democratic theory and institutions. The debate has been waged between two rival approaches: on the one side is an aggregative and economic theory of democracy, known as constitutional economics, and on the other side is deliberative democracy. The two sides endorse starkly different positions on the issue of what makes a democracy legitimate and stable within an institutional setting. Constitutional economists model political agents in the same way that neoclassical economists (...) model economic agents, that is, as self-regarding, rational maximizers; so that evaluations of democratic legitimacy and stability depend on the extent to which the design of institutional rules and practices maximize individual utility by promoting efficient schemes of collective choice. Deliberative democrats, on the other hand, understand political agents as communicative reason-giving subjects who justify their preferences and positions on issues that jointly affect them in a process of consensus-directed discourse, or deliberation; so that evaluations of democratic legitimacy and order depend on the degree to which institutional norms and practices promote deliberation and draw upon deliberated public judgment. I argue that despite the numerous incompatibilities between constitutional economics and deliberative democracy—which amount to a 'deep divide'—an opportunity to produce a genuine synthesis of the two approaches arises inasmuch as it is possible to overcome several points of opposition in their separate research programmes. The central thesis of the dissertation is that it is possible to construct a bridge spanning the divide between constitutional economists and deliberative democrats, and that Dewey and Bentley's transactional view can facilitate this bridge-building project. Pursuant to this end, the points of opposition between the v research programmes are mediated by way of five concepts which, on balance, favor deliberative democracy and its feasible institutionalization. (shrink)

The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined even if it is not sufficiently formal and precise to belong to mathematics proper (in a narrow sense)—and even if (as many have asserted) for that reason the Church–Turing thesis is unprovable. It is proved logically that the class of effective procedures is not decidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. (...) This undecidability result is proved directly from the notion itself of an effective procedure, without reliance on any (partly) mathematical lemma, conjecture, or thesis invoking recursiveness or Turing-computability. In fact, there is no reliance on anything very mathematical. The proof does not even appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of an effective procedure. Though the result that effectiveness is undecidable is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure invariably terminates with the correct verdict. (shrink)

According to Rosalind Hursthouse’s virtue based account of right action, an act is right if it is what a fully virtuous person would do in that situation. Robert Johnson has criticized the account on the grounds that the actions a non-virtuous person should take are often uncharacteristic of the virtuous person, and thus Hursthouse’s account of right action is too narrow. The non-virtuous need to take steps to improve themselves morally, and the fully virtuous person need not take these steps. (...) So Johnson argues that any virtue based account of right action will have to find a way to ground a moral obligation to improve oneself. This paper argues that there is an account of virtue that can offer a partial solution to Johnson’s challenge, an account where virtue is a type of practical skill and in which the virtuous person is seen as having expertise. The paper references the account of skill acquisition developed by Hubert and Stuart Dreyfus. Their research demonstrates that novices in a skill have to employ different strategies to act well than the strategies used by the experts, and so the ‘virtue as skill’ thesis provides support for Johnson’s claim that the actions of the non-virtuous will differ from the virtuous. On the other hand, their research suggests that there is no separating the commitment to improve yourself from the possession of expertise, and so the ‘virtue as skill’ thesis has the resources for grounding the obligation to improve oneself in an account of virtue. (shrink)

Metaphysics should follow science in postulating laws alongside properties. I defend this claim against the claim that natural properties conceived as powers make laws of nature redundant. Natural properties can be construed in a “thin” or a “thick” way. If one attributes a property in the thin sense to an object, this attribution does not conceptually determine which other properties the object possesses. The thin construal is underlying the scientific strategy for understanding nature piecemeal. Science explains phenomena by cutting reality (...) conceptually in properties attributed to space-time points, where these properties are conceived of independently of each other, to explore then, in a separate step, how the properties are related to each other; those determination relations between properties are laws. This is compatible with the thesis that laws are metaphysically necessary. According to the thick conception, a property contains all its dependency relations to other properties. The dependency relationships between properties (which appear as laws in the thin conception) are parts of the properties they relate. There are several reasons to resist the thick conception of properties. It makes simple properties “holistic”, in the sense that each property contains many other properties as parts. It cannot account for the fact that properties constrain each other’s identity; it can neither explain why natural properties are linked to a unique set of dispositions, nor why and how this set is structured nor why the truth-maker of many disposition attributions is relational although the disposition is grounded on a monadic property. (shrink)

Extended entities have boundaries of two different sorts: those that do, and those that do not correspond to physical discontinuities. Call the first sort (coastlines, the surface of your nose) bona fide boundaries; and the second (the boundary of Montana, the boundary separating your upper from your lower torso) fiat boundaries. Fiat boundaries are found especially in the geographic realm, but are involved wherever language carves out portions of reality in ways which do not reflect physical discontinuities. These ideas are (...) applied to the treatment of cognitive categorization, of the semantics of vagueness, of Quine’s indeterminacy thesis, and of standard ontological problems such as Tibbles’ tail. (shrink)

The text was originally a conference speech. In principle, it was prepared for teachers of philosophy and people interested in philosophy, therefore it has the character of an essay and only to a small extent refers to the literature of the subject. However, I am deeply convinced of the validity of the thesis that I propose in it, even if they may seem only to a small extent supported by references to the state of research. -/- Synthetical studies take (...) a special place in the research on the history of ancient philosophy. They demonstrate the existing perspective by performing a selection and arrangement of the material, presenting the periodisation, accentuating and determining what is “philosophically significant.” This article points out that despite the great progress made in detailed research that has taken place over the last few decades, the general framework of development of philosophy, derived from Hegel’s thought, has remained unchanged for two centuries. Hegel’s perspective has instilled a certain pattern that encompasses a whole series of debatable solutions. These include (1) development of a certain understanding of what “philosophy” is and thus separating it from a wide spectrum of literature, rhetoric, medicine, and religion; (2) introduction of a dubious periodisation (e.g. the distinction between the Presocratic period and Socrates’ breakthrough in the form of a departure from the philosophy of nature and return to ethical considerations; (3) adoption of philosophy of Plato and Aristotle as the apex of thought. The author highlights the need to change the approach to the history of ancient philosophy and modify the existing paradigm. He calls for paying greater attention to the intertextual element and to the fact that the assessment of originality and relevance of preserved works is falsified due to the disappearance of comparative material. The proposal to establish a new reconstructive paradigm is based on the belief that during further research on ancient philosophy it would be advisable (1) to expand the research perspective and enrich it with the fields of education, medicine, the great sphere of literature, the spheres of fine arts and music, (2) to focus more on the issue of transmission and reception of texts thanks to which it is possible to deepen and extend the reconstructed context of philosophical discussions, (3) to come to the realisation that the abstract character of description, connected with all the syntheses of the philosophical thought in antiquity lead to its oversimplification and impoverishment by presenting it out of the context and depriving of what is individual and specific for a particular thinker. (shrink)

Embodied cognitive science has argued that cognition is embodied principally in virtue of grossmorphological and sensorimotor features. This thesis argues that cognition is also internally embodied in affective and fine-grained physiological features whose transformative roles remain mostly unnoticed in contemporary cognitive science. I call this ‘proper embodiment’. I approach this larger subject by examining various emotion theories in philosophy and psychology. These tend to emphasise one of the many gross components of emotional processes, such as ‘feeling’ or ‘judgement’ to (...) the detriment of the others, often leading to an artificial emotion-cognition distinction even within emotion science itself. Attempts to reconcile this by putting the gross components back together, such as JessePrinz’s “embodied appraisal theory”, are, I argue, destined to failure because the vernacular concept of emotion which is used as the explanandum is not a natural kind and is not amenable to scientific explication.I examine Antonio Damasio’s proposal that emotion is involved in paradigmatic ‘cognitive’ processing such as rational decision making and argue (1) that the research he discusses does not warrant the particular hypothesis he favours, and (2) that Damasio’s account, though in many ways a step in the right direction, nonetheless continues to endorse a framework which sees affect and cognition as separate (though now highly interacting) faculties. I further argue that the conflation of ‘affect’ and 'emotion' may be the source of some confusion in emotion theory and that affect needs to be properly distinguished from ‘emotion’. I examine some dissociations in the pain literature which give us further empirical evidence that, as with the emotions, affect is a distinct component along with more cognitive elements of pain. I then argue that affect is distinctive in being grounded in homeostatic regulative activity in the body proper. With the distinction between affect, emotion, and cognition in hand, and the associated grounding of affect in bodily activity, I then survey evidence that bodily affect is also involved in perception and in paradigmatic cognitive processes such as attention and executive function. I argue that this relation is not ‘merely’ casual. Instead, affect (grounded in fine-grained details of internal bodily activity) is partially constitutive of cognition, participating in cognitive processing and contributing to perceptual and cognitive phenomenology. Finally I review some work in evolutionary robotics which reaches a similar conclusion, suggesting that the particular fine details of embodiment, such as molecular signalling between both neural and somatic cells matters to cognition. I conclude that cognition is properly embodied’ in that it is partially constituted by the many fine-grained bodily processes involved in affect (as demonstrated in the thesis) and plausibly by a wide variety of other fine-grained bodily processes that likewise tend to escape the net of contemporary cognitive science. (shrink)

The notion of intentionality has been in the center of the debate between dualism and physicalism quite some time. Dualism insists that intentionality is the mark of mental phenomena which separates humans from other animals whereas physicalism roughly claims that whatever there is either reducible to some physical states or explainable in terms of some physical language. But both of them are deeply troubled. Is there any other alternative? Where can we look for one? We know that Asian tradition is (...) full of organic world views. I am inclined to think that one alternative world view may come from this background. This paper tries to show that the notion of cheng(誠) intentionality is such a candidate. -/- I will advance a thesis in this paper that cheng(誠) intentionality is holistic. The notion is not only applicable to humans but also to all other phenomena. This may seem indistinguishable from physicalism in its monistic settings. Since I believe that the notion of cheng(誠) is more persuasive in explaining mental phenomena in evolutionary terms, I would argue here that the thesis can also be supported by some notions like that an information is a syntactical structure which reflects physical states and that the physicalisitic view of the world is not sufficient. (shrink)

In this paper, I suggest an outline of a new interpretation of core issues in Spinoza’s metaphysics and philosophy of mind. I argue for three major theses. (1) In the first part of the paper I show that the celebrated Spinozistic doctrine commonly termed “the doctrine of parallelism” is in fact a confusion of two separate and independent doctrines of parallelism. Hence, I argue that our current understanding of Spinoza’s metaphysics and philosophy of mind is fundamentally flawed. (2) The clarification (...) and setting apart of the two doctrines will also put us in a position to present my second major thesis and address one of the more interesting and enduring problems in Spinoza’s metaphysics: how can the attribute of thought be, on the one hand, isomorphic with any other attribute, and yet, on the other hand, be isomorphic with God himself, who has infinitely many attributes? In the second part of the paper, I present Spinoza’s solution to this problem. I argue that the number and order of modes is the same in all attributes. Yet, modes of Thought, unlike modes of any other attribute, have an infinitely-faceted internal structure so that one and the same idea represents infinitely many modes by having infinitely many facets (or aspects). (3) This new understanding of the inner structure of ideas in Spinoza will lead us to my third thesis in which I explain and solve another old riddle in Spinoza’s metaphysics: his insistence on the impossibility of the human mind knowing any of God’s infinite attributes other than Thought and Extension. In the third part, I show some of the major ramifications of my new interpretation and respond to some important objections. In my conclusion I discuss the philosophical importance of my interpretation. I explain why Spinoza could not embrace reductive idealism in spite of the preeminence he grants to the attribute of Thought. I argue that Spinoza is a dualist -- not a mind-body dualist, as he is commonly conceived to be, but rather a dualist of Thought and Being. Finally, I suggest that Spinoza’s position on the mind-body issue breaks with the traditional categories and ways of addressing the subject by suggesting a view which grants clear primacy to Thought without accepting any idealist reduction of bodies to thought. (shrink)

The aim of this thesis is to propose a deflationary approach towards the ontological analysis of physical theories. Such an approach sustains that the development of ontologies for physical theories must be neutral relatively to the debate between realists and anti-realists in philosophy of physics. Mainly, our attention will be oriented towards what we called "quantum domain", which includes the non-relativistic Quantum Mechanics and variants of the Quantum Field Theory. This meta-ontological approach consists in an attempt to provide a (...) methodology for the development of specific ontologies for physical theories. With this aim we suggest the separation between physical phenomena and physical theories on one side, and physical theories and ontologies on the other side. This separation intends to endorse the idea that physical theories can provide all the informative contents required for the development of the ontologies associated with them. The result is a defense of the idea that physical theories can positively contribute for the constitution of the ontologies in physics. Additionally, we present a critical analysis of four different ontological approaches to QM and QFT. Each one of these interpretations deals with a different ontological category (tropes, events and processes). At the end of the thesis we will analyze the concepts of interaction and commutation in QFT in order to exemplify the main lines of the deflationary approach suggested here. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of (...) equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

A detailed interpretation is provided of the ‘Gray's Elegy’ passage in Russell's ‘On Denoting’. The passage is suffciently obscure that its principal lessons have been independently rediscovered. Russell attempts to demonstrate that the thesis that definite descriptions are singular terms is untenable. The thesis demands a distinction be drawn between content and designation, but the attempt to form a proposition directly about the content (as by using an appropriate form of quotation) inevitably results in a proposition about the (...) thing designated instead of the content expressed. In light of this collapse, argues Russell, the thesis that definite descriptions are singular terms must accept that all propositions about a description's content represent it by means of a higher-level descriptive content, so that knowledge of a description's content is always ‘by description’, not ‘by acquaintance’. This, according to Russell, renders our cognitive grip on definite descriptions inexplicable. Separate responses on behalf of Fregeans and Millians are offered. (shrink)