I propose an argument for the thesis that laws of nature are necessary in the sense of holding in all worlds sharing the properties of the actual world, on the basis of a principle I propose to call the Causal Criterion of Reality . The CCR says: for an entity to be real it is necessary and sufficient that it is capable to make a difference to causal interactions. The crucial idea here is that the capacity to interact causally (...) - or to contribute to determining causal interactions - is not only the ultimate metaphysical ground for the existence of an entity, but it also provides a criterion for determining the nature of that entity, i.e. its properties. The alternative is to conceive of laws of nature as contingent: they could be different from what they are like in the actual world, where that possibility is understood to be metaphysical, not only epistemic. For the sake of this paper, I shall accept Armstrong's thesis that laws of nature are relations between universals. I also follow Armstrong in the view that both the existence and the properties of particulars are metaphysically independent of the existence and identity of other particular. However, what is controversial and what I shall challenge is his thesis that universals are like particulars in the following respect: according to Armstrong, each universal is a logically distinct entity whose existence and identity is independent of the existence and identity of other universals. My aim in this paper is to show that the identity of a universal is entirely determined by its lawful relations to other universals. The crucial premise I use is the thesis that the CCR is a universal criterion, which applies both to particulars and universals. From the thesis that the identity of a universal is exclusively determined by laws, it follows that laws are necessary in the sense that they cannot differ without the universals they link also being different. This creates a difficulty for those authors who, as Armstrong, accept the CCR but nevertheless defend the view that laws are contingent. (shrink)

Individuals (like the Earth or a biological species) are often the subject of generalizations of various special sciences. The traditional argument is that there can't be laws about such individuals, since the law statements would have to contain local predicates (refer essentially to a particular time, place, object, or event). Marc Lange argues that, despite local predication, there can be laws about individuals. This paper argues, on the contrary, that there can be no such laws – not because of local (...) predication, but because the laws would discriminate among material systems on non-qualitative grounds. I rely on the principle that qualitatively identical systems under one set of laws must evolve in the same manner. If there could be laws about individuals, nothing would guarantee that the principle is satisfied. My argument is illustrated by a thought experiment inspired by Strawson's massive reduplication argument. (shrink)

Arguments may sometimes be advanced with a non-standard function. One such function, it is suggested, is the expression of identity, a practice which may play a significant role in political representation. This paper sets out to examine a number of short addresses given at the High-Level segment of the Cop26 conference, which are considered to contain instances of such argumentation. Their content is analysed and evaluated by means of the Comprehensive Assessment Procedure for Natural Argumentation (CAPNA), and an attempt (...) is made to highlight the purposes of the delegates in addressing the conference. At a more fundamental level, the goal of this work is to assess the possibility of identifying arguments as being meant largely as statements of identity or representation, and the suitability of the CAPNA or other norm-based systems for evaluating such discourse. The speakers studied include representatives from OPEC, the Trade Unions, and the leaders of Vietnam and Liechtenstein. Ultimately, the study concludes that while further work is necessary both on understanding the relationship between argument and identity in the political arena, and on the application of argument norms to representational discourse, evaluations of this kind are meaningful and informative. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

The laws of social development are objective in content and, in contrast to the laws of nature, are manifested and function only through the activity of human beings. The development of all spheres of human activity, in turn, cannot be conceived of as independent of the will, consciousness, moods and beliefs, propensities and preferences of human beings, nor as independent of the effectiveness of forms of social organization, etc. The social specificity of laws of social development in turn defines (...) another feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development in turn defines another feature of these laws, namely, their statistical nature. History and social practice persuasively demonstrate that the laws of social development, functioning either in all socioeconomic formations or in only some of them , or laws operating within only one of these formations are of a statistical nature. Even when the conditions of life of societies within a particular socioeconomic formation are the same, the results of the operation of any law of social development are never absolutely identical. This is graphically evident in an analysis of the operation of the law of surplus value, the laws of class struggle, or the law of social revolution, especially its operation under the conditions of the contemporary world revolutionary process. We need only point out the variety of nuances in the ultimate results of the operation of the law of social revolution after the Second World War, when socialist countries and countries with a socialist orientation emerged. (shrink)

Biometric identity systems are now a prominent feature of contemporary law enforcement, including in Europe. Often advanced on the premise of efficiency and accuracy, they have also been the subject of significant controversy. Much attention has focussed on longer-standing biometric data collection, such as finger-printing and facial recognition, foregrounding concerns with the impact such technologies can have on the nature of policing and fundamental human rights. Less researched is the growing use of voice recognition in law enforcement. This (...) paper examines the case of the recent Speaker Identification Integrated Project, a European wide initiative to create the first international and interoperable database of voice biometrics, now the third largest biometric database at Interpol. Drawing on Freedom of Information requests, interviews and public documentation, we outline the emergence and features of SiiP and explore how voice is recognised and attributed meaning. We understand Speaker Identification Integrated Project as constituting a particular ‘regime of recognition’ premised on the use of soft biometrics to disembed voice in order to optimise for difference. This, in turn, has implications for the nature and scope of law enforcement, people's position in society, and justice concerns more broadly. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : (...) civil disobedience -- A right to dissent? : conscientious objection --The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

The United States Constitution embodies both the real and the ideal. It is a concrete written text that uses particular words, has a history, and possesses certain limits; it is also a statement of the aspirations and dreams of a society. This dual identity requires that the Constitution be understood both as written positive law, and as an expression of a national vision and set of ideals. ;I argue for a conceptual theory of law that is positivistic in the (...) sense that it relies for the identification of law on social conventions that form the foundations for determining what counts as law. My view is drawn from H. L. A. Hart's legal positivist view, but it departs from this view to argue that judicial custom can be, along with Hart's rule of recognition, an additional social custom that provides criteria for identifying and creating law. Judicial custom involves the acceptance over time by judges of certain principles as authoritative in the context of adjudicative decisionmaking. I contend that both rules and principles can be part of law, and that principles attain the status of law through judicial custom. ;I rely on this understanding of law to argue for a theory of constitutional adjudication that is an alternative to both originalism and traditional non-originalist theories. Originalism is the view that judges can decide constitutional cases exclusively on the basis of two grounds: the text or the original intentions or understanding of its framers. The theory of law that I defend accepts that these grounds are important for any constitutional decision, but holds that constitutional decisions can also legitimately be made on the basis of constitutional theories. Such theories explain the often broad and abstract language of constitutional provisions by articulating hypotheses about the principles that underlie the text. I argue that the central constitutional commitment is to each individual's right to self-determination. This requires protection of an aspect of personal liberty that involves the deeply personal and unique nature of each person's aspirations, ideas, and initiatives. (shrink)

According to Marxist dialectics, the struggle of opposites is unconditional and absolute, while the identity of opposites is conditional and relative. The identity and struggle of the two contradictory aspects in the development of a thing constitute the kernel of materialist dialectics — the basic contents of the law of the unity of opposites. We hold that the unity of opposites is the universal law and that this law is applicable to all realms and naturally comprises the two (...) inseparable aspects — the struggle and identity of opposites. (shrink)

Legitimate authority -- The claims of law -- Legal positivism and the sources of law -- Legal reasons, sources, and gaps -- The identity of legal systems -- The institutional nature of law -- Kelsen's theory of the basic norm -- Legal validity -- The functions of law -- Law and value in adjudication -- The rule of law and its virtue -- The obligation to obey the law -- Respect for law -- A right to dissent? : (...) civil disobedience -- A right to dissent? : conscientious objection -- The purity of the pure theory -- The argument from justice, or how not to reply to legal positivism. (shrink)

The law consists of both internal and external rules, but in both cases they regulate the behaviour of the subjects towards each other. This can be viewed from a phenomenological perspective in the sense that people have a drive to make sense of their world, and the rules that are developed essentially enable them to relate to the world in this way. If anything interferes with this drive, then it causes peoples’ existential upset. That is why the state both enforces (...) these rules between its own nationals, but also with regards to the outsiders. However, in doing so, the state must also be mindful of ensuring that it interprets the rules fairly. If it does not do so, then this may negate the purpose of law by causing the existential unrest. Although in the past this may have been done on a national basis, in that it has been necessary to maintain just the national values of a state in order to ensure that people could lead their lives, globalisation has altered the identity of people. They are no longer just national citizens, but also global citizens, and are increasingly relying on global values to fulfil their existential nature. (shrink)

In the renewed Russian Fundamental Law, in addition to a number of provisions introducing changes to the political system, there are also statements of programmatic importance, as well as several provisions with symbolic and identity function. In this article these provisions are subject to functional and semiotic-cultural analysis. Particular emphasis has been placed on legally irrelevant content transmitted by the new regulations, on their semantic connections with the content of the preamble and on their cultural context. The research procedure (...) carried out allows us to state that, compared with the 1993 text, the Russian Constitution in its current version participates to a much greater extent in the complex system of transmission of symbolic content, as well as the narratives that contribute to social memory, cultural and historical identity. In doing so, it goes beyond its genre limitations, opening the basic text to the functions assigned to the preamble. In the fragments I have analysed in the paper there are undoubtedly functional and genre disturbances, and with them changes the mode of semiosis of the legal text, both in its normative and programmatic form. Renewed Constitution is the case in which a legal text, by its very nature designing the possible future world, does so through ideas about the past. (shrink)

We are living in the era of street art. Since Nick Riggle’s pivotal work on the definition of street art, several philosophers have addressed issues in the philosophy of street art. The goal of this paper is to summarize the literature. I consider the following matters, which have been at the core of philosophical discussions on street art: demarcation, value, illegality, and the ethical foundation of intellectual property (IP) protection. In answering the question ‘What is street art?,’ philosophers have generally (...) resisted skeptical approaches by developing a wide range of real and essentialist definitions of street art (Section 2). When considering street art’s value, I distinguish between aesthetic and non-aesthetic centered accounts. If the former focus on the aesthetic side of our experience of street art, the latter generally place emphasis on its activist nature and political significance (Section 3). In discussing the relationship between street art and illegality, I canvas different takes on the issue. If for some scholars illegality is either a necessary or sufficient condition for street art, philosophers tend to agree that it is neither, while not denying its relevance at the level of identity and authenticity (Section 4). Finally, I consider matters of IP protection of street art. On the one hand, copyright optimists defend the view that current IP legislations may very well have a positive impact on the promotion and preservation of street art. Pessimists, on the other hand, argue that an extension of copyright privileges to works of street art is likely to jeopardize the counter-cultural and rebellious nature of this urban art kind (Section 5). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Convention for Protection of Human Rights and Dignity of the Human Being with Regard to the Application of Biology and Biomedicine: Convention on Human Rights and BiomedicineCouncil of EuropePreambleThe Member States of the Council of Europe, the other States and the European Community signatories hereto,Bearing in mind the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10 December 1948;Bearing in mind the (...) Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950;Bearing in mind the European Social Charter of 18 October 1961;Bearing in mind the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 16 December 1966;Bearing in mind the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data of 28 January 1981;Bearing also in mind the Convention on the Rights of the Child of 20 November 1989;Considering that the aim of the Council of Europe is the achievement of a greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of human rights and fundamental freedoms;Conscious of the accelerating developments in biology and medicine;Convinced of the need to respect the human being both as an individual and as a member of the human species and recognising the importance of ensuring the dignity of the human being; [End Page 277]Conscious that the misuse of biology and medicine may lead to acts endangering human dignity;Affirming that progress in biology and medicine should be used for the benefit of present and future generations;Stressing the need for international co-operation so that all humanity may enjoy the benefits of biology and medicine;Recognising the importance of promoting a public debate on the questions posed by the application of biology and medicine and the responses to be given thereto;Wishing to remind all members of society of their rights and responsibilities;Taking account of the work of the Parliamentary Assembly in this field, including Recommendation 1160 (1991) on the preparation of a Convention on bioethics;Resolving to take such measures as are necessary to safeguard human dignity and the fundamental rights and freedoms of the individual with regard to the application of biology and medicine;Have agreed as follows:Chapter IGeneral provisionsArticle 1. (Purpose and object)Parties to this Convention shall protect the dignity and identity of all human beings and guarantee everyone, without discrimination, respect for their integrity and other rights and fundamental freedoms with regard to the application of biology and medicine.Each Party shall take in its internal law the necessary measures to give effect to the provisions of this Convention.Article 2. (Primacy of the human being)The interests and welfare of the human being shall prevail over the sole interest of society or science.Article 3. (Equitable access to health care)Parties, taking into account health needs and available resources, shall take appropriate measures with a view to providing, within their jurisdiction, equitable access to health care of appropriate quality. [End Page 278]Article 4. (Professional standards)Any intervention in the health field, including research, must be carried out in accordance with relevant professional obligations and standards.Chapter IIConsentArticle 5. (General rule)An intervention in the health field may only be carried out after the person concerned has given free and informed consent to it.This person shall beforehand be given appropriate information as to the purpose and nature of the intervention as well as on its consequences and risks.The person concerned may freely withdraw consent at any time.Article 6. (Protection of persons not able to consent)1. Subject to Articles 17 and 20 below, an intervention may only be carried out on a person who does not have the capacity to consent, for his or her direct benefit.2. Where, according to law, a minor does not have the capacity to consent to an intervention, the intervention may only be carried out with the authorisation of his or her representative or an authority or a person or... (shrink)

Available from UMI in association with The British Library. Requires signed TDF. ;We are mental beings whose identity is absolute, intrinsic and real. This conception of the self, which, it is argued, corresponds to our deeper beliefs about, and attitudes towards, ourselves and others, is a consequence of taking the experienced unity and continuity of consciousness as the key to self-identity. Some of the difficulties often taken as fatal to this "subjectivist" view of the self, considerations concerning private (...) languages and the individuation of conscious beings from within pure consciousness, are disposed of in Chapter 2. The next two chapters focus on the stream of consciousness. It is shown that the unity and copersonality of intra-streamal experiences both at and over time is constituted by and experience of unity. Building on this result, in Chapter 5 an account of the self as a mental entity whose identity consists in the persistence of potential streamal experience is developed. The notion of the Pure Ego is then examined; the reasons for positing such an entity are found wanting; but the neoHumean account of the self which has by this point emerged is compatible with the intuition that the self is a simple and basic entity, distinct from its actual mental states. In Chapter 7 the alleged possibility of selves undergoing fission and fusion is investigated. This is found to be a genuine possibility, but the claim that we should conclude from this that self-identity is not a relation which deeply matters is rejected, on the grounds that when a self divides, the products of fission are identical with one another. The apparent absurdity of this result is reduced by taking seriously the notion of topologically deviant subjective time dimensions; our identity matters, but our lives need not be linear. (shrink)

The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea. It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book (...) already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed. (shrink)

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. (...) This paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

Intention and Identity presents John Finnis's accounts of personal existence; group identity and common good; and the moral significance of personal intention. Joining conceptual analysis with ethical problems surrounding the beginning and end of life, the papers show the power of a neglected aspect of Finnis's natural law theory.

Law's article begins by restating the classical ANT position that objects do not exist `in themselves' but are the effect of a performative stabilization of relational networks. In addition, these material enactments inevitably have a spatial dimension; they simultaneously establish spatial conditions for objectual identity, continuity, and difference. Space must not be reified as a natural, pre-existing container of the social and the material, but is itself a performance. Moreover, there are multiple forms of spatiality beyond the Euclidean space (...) of regions (e.g. networks and fluids), and objects may exist and achieve homeomorphism within several different spatial systems. Technologies such as the Zimbabwe Bush Pump present a fluid object which is able to exist and cohere without the presence of fixed boundaries or the permanence of a particular functional definition. The network logic, however, which gravitates towards stability and functionality, tends to exclude and silence this spatial Other. An alternative political ontology is needed which goes beyond the reification of network space in order to give voice to the fluid objects which escape its unidimensional functionality. (shrink)

Unlike other works in philosophy of law, which focus on the nature of law in the abstract, this comprehensive anthology presents law as a "process," part and parcel of a system of government and defined constitutional procedures. Using the U.S. legal system as a model, it establishes the basis of law in political theory, then presents substantive issues in private and public law, illustrated throughout with important political documents and court cases and stimulating readings in history, law, and philosophy. (...) The editor's detailed critical commentary, notes, and study questions make these materials accessible and useful for a wide range of readers seeking a deeper understanding of private and public law and the nature of the political process. (shrink)

ABSTRACT. Richard Hooker’s (1554-1600) adaptation of classical logos theology is exceptional and indeed quite original for its extended application of the principles of Neoplatonic apophatic theology to the concrete institutional issues of a particular time and place—the aftermath of the Elizabethan Religious Settlement of 1559. Indeed, his sustained effort to explore the underlying connections of urgent political and constitutional concerns with the highest discourse of hidden divine realities—the knitting together of Neoplatonic theology and Reformation politics—is perhaps the defining characteristic of (...) Hooker’s distinctive mode of thought. Hooker’s ontology adheres to a Proclean logic of procession and reversion (processio and redditus) mediated by Aquinas’s formulation of the so-called 'lex divinitatis' whereby the originative principle of law remains simple and self-identical as an Eternal Law while it emanates manifold, derivative and dependent species of law, preeminently in the Natural Law accessible to human reason and Divine Law revealed through the Sacred Oracles of Scripture. For Hooker, therefore, ‘all thinges’—including even the Elizabethan constitution in Church and Commonwealth, are God’s offspring: ‘they are in him as effects in their highest cause, he likewise actuallie is in them, the assistance and influence of his deitie is theire life.’. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 63.4 (2002) 619-637 [Access article in PDF] Maimonides and the Rise and Fall of the Sabians:Explaining Mosaic Laws and the Limits of Scholarship Jonathan Elukin The Koran mentions the Sabi'un three times (II 6-2, V 69, XXII 17). "Believers, Jews, Christians, and Sabi'un—whoever believes in Allah and the Last Day and does what is right—shall be rewarded by their Lord; they have nothing (...) to fear or to regret." This language is repeated in the second citation. The third appearance is slightly different: "As for true believers, the Jews, the Sabi'un, the Christians, the Magians, and the pagans, Allah will judge them on the Day of Resurrection. He bears witness to all things." 1 Early Islamic commentators often disagreed on the identity of the Sabi'un, and the confusion continued throughout the medieval Islamic period. 2 The term Sabi'un was applied by some early Koranic commentators to the survivors of an ancient Jewish-Christian sect, the Elchasites in southern Iraq. 3 One minority group of ethnic Arab "pagans" with a hellenized elite in Harran, in Arabia, also took the Koranic name Sabian in the third/ninth century to claim the status of a "people of the book" and therefore avoid persecution. It is this group that some later Muslims identified as Sabi'. 4 The scholarly consensus now suggests that [End Page 619] the term Sabian refers to some kind of Gnostic identity that can encompass "the disciples of Judeo-Christian baptizing sects... and, on the other, Harranian astrolators, the last representatives of decadent Greco-Roman paganism." 5The mysterious Sabians would play a key role in attempts by early modern European scholars to understand the origins of the Mosaic legislation. It was through Maimonides, the great twelfth-century Jewish scholar, that the Sabians were transmitted to Christian scholars. By the seventeenth century, the Sabians of Maimonides's Guide for the Perplexed had become a fixture in how scholars understood or at least debated the history of the origins of Mosaic law. Increasingly perceived as a diffuse paganism rather than a specific ethnic identity or subsumed by the more tangible reality of Egypt, Sabianism drifted to the margins of scholarship by the end of the Enlightenment. During the nineteenth century the Sabians became superfluous to scholarly efforts to understand the origins of Israelite monotheism. This study is an attempt to understand the growth of the enthusiasm for the Sabians by early modern scholars and then its precipitous decline. In a large degree it was the nature of the evidence itself regarding the Sabians that shaped and ultimately undermined the survival of the Sabians in European thinking. Still, both Christian and Jewish scholars well into the twentieth century lived with the ghosts of the Sabians as they sought to explain otherwise mysterious Mosaic commandments.In the Guide Maimonides argued that the sacrificial system legislated by Moses was an example of God's mercy. It would have been impossible for the Israelites to abandon suddenly the style of idolatrous worship learned in Egypt, and so Moses crafted the sacrificial system gradually to replace false gods with the true God. Maimonides still needed to explain the particular details and reasons for the sacrifices and the other ritual laws. 6 To that end he claimed to have read various texts, particularly the so-called Nabataen Agriculture, which purported to describe Abraham's education among and flight from the Sabians as well as a summary of the practices of the Sabians. 7 (The Sabians had made one brief appearance before Maimonides's discussion in the Guide; the tenth-century Karaite Jew, Qirqisani, declared in his Kitab al anwar, "the modern Christian philosophers assert that the laws of the Torah were given to the Children of Israel only because of God's wrath; and that they [Israel] have chosen these laws for themselves only on account of their resemblance to the laws of the Sabians, which was due to the fact that they became... (shrink)

This book provides a detailed discussion of the theoretical and practical implications of the change driven by ICTs. Such a change is often much more profound than an emphasis on information technology and society can capture, for not only does it bring about ethical and policy vacuums that call for a new understanding of ethics, politics and law, but it also "re-ontologizes reality", as propounded by Luciano Floridi's philosophy and ethics of information. The informational turn is transforming our understanding of (...) reality by challenging the conventional ways we have of thinking about our world and our identities in terms of stable and enduring structures and beliefs. The information age we inhabit brings to completion our self-understanding as informational systems that produce, process, and exchange information with other informational systems, in an environment that is itself made up of information. The present volume provides us with a better understanding of the normative nature and role of information, helping us to grasp the sense and extent to which informational resources serve as "constraining affordances" guiding our behaviours. It does so by delineating the background against which we build our beliefs about reality, make decisions, and behave, through our interactions with a multi-agent system that is increasingly dependent on ICTs. The book will be of interest to a vast audience, ranging from information technologists, ethicists, policy makers, social and legal scholars, and all those willing to embrace the following three tenets: we construct our world and ourselves informationally; by constructing our world and ourselves we thereby become aware of our limits; it is precisely these limits that make us become human beings. (shrink)

This book seeks to explain why different systems of sovereign states have built different types of fundamental institutions to govern interstate relations. Why, for example, did the ancient Greeks operate a successful system of third-party arbitration, while international society today rests on a combination of international law and multilateral diplomacy? Why did the city-states of Renaissance Italy develop a system of oratorical diplomacy, while the states of absolutist Europe relied on naturalist international law and "old diplomacy"? Conventional explanations of basic (...) institutional practices have difficulty accounting for such variation. Christian Reus-Smit addresses this problem by presenting an alternative, "constructivist" theory of international institutional development, one that emphasizes the relationship between the social identity of the state and the nature and origin of basic institutional practices. Reus-Smit argues that international societies are shaped by deep constitutional structures that are based on prevailing beliefs about the moral purpose of the state, the organizing principle of sovereignty, and the norm of procedural justice. These structures inform the imaginations of institutional architects as they develop and adjust institutional arrangements between states. As he shows with detailed reference to ancient Greece, Renaissance Italy, absolutist Europe, and the modern world, different cultural and historical contexts lead to profoundly different constitutional structures and institutional practices. The first major study of its kind, this book is a significant addition to our theoretical and empirical understanding of international relations, past and present. (shrink)

A professor is brought before a secret tribunalin his law faculty for the purpose of decidingthe appropriateness of a student's grade. Thegrounds of the grade appeal are that theprofessor had taught critically instead ofpractically and that he had done so with anacademic bias and prejudice. He is also allegedto have taught philosophy rather than law. After many hours of examination andcross-examination as a defendant and as anexpert witness, the professor, Flink, begins adialogue with a spirit in an effort tounderstand the (...) nature and identity of law. Flink comes to appreciate that law is adisplacing discourse rather than a structure ofcategories signified in an official writing. The analytic method familiar to officials incommon law jurisdictions, Flink comes tounderstand, excludes the experiential meaningsthat are manifested through unwritten gesturesand rituals. Officials embody signs withexperiential expectations and past assumptions.The embodiment of meaning brings life intolegal language. But such an embodiment isforgotten as officials decompose textualfragments and reported social events intoanalytic units. Legal analysis is so successfulthat officials even forget that they hadforgotten something so important as theembodiment of meaning. The professor and the spirit also ask whetherjustice is an `ought' and where one can locatesuch an `ought'. They conclude that there is astructure within which legal officials reason.The exteriority of the structure is anunwritten `ought' realm. But the structurepossesses a gap, which enters into such anunanalysable object-less realm. Analyticreasoning has assumed that reason can take anofficial only so far until she or he mustjourney outside the structure to anunanalysable realm of personal values. However, the embodiment of meanings alsoincorporates unwritten collective values ofwhich officials, precisely because of thesuccess of the analysis project in forgettingthat something was forgotten, have never beenconscious. It is such an unanalysable realmthat grounds or authorises the analyticproject. The exterior authorising origin of theanalytic units of the structure rests upon apossibility that requires faith on the part ofthe officials, a faith that there exists afoundation, radically different from theanalytic units, on the other side of thestructure. The officials can, at best, imagineor picture the authorising origin, located asit is in the unanalysable object-less realmexterior to the written language of thestructure. The imagined origin takes the `form'of a bodiless spirit. The officials are haunted by thepossibility that the structure of humanlyposited rules are ultimately authorised by aspirit. (shrink)

This book is designed for use in courses in law schools and university departments of philosophy. It can serve as a text for basic and advanced courses and seminars. Readings include excerpts of classic works of Aristotle, Aquinas, Locke, Hobbes, Kant, Bentham, and Austin. Provided also are excerpts from standard works of twentieth century philosophers. The book explores current legal discourse with readings on topics such as sociobiology, Islamic law, the legal process school, legal feminism, critical legal studies, intersectionality and (...) gender identity theories, law and economics, and new private law theories. It reprints leading cases on natural rights/human rights and readings from online blogs, op-ed essays, news stories and internet publications, as well as drawing on literary treatment of topics relevant to legal philosophy. (shrink)

In their book _Identity, Personhood and the Law_, 1 authors Charles Foster and Jonathan Herring seek, among other things, to show that the law is based on overly simplistic assumptions about the nature of personal identity. In their _Author Meets Critics_ précis, they summarise the main contentions of the book on this issue. Difficulties in the law’s simplistic approach are, they claim, exposed when we think about people with dementia, ‘where [in advanced cases] I may turn into a (...) person with no apparent continuity at all with my own self’ and where: X2 will simply inhabit a body composed of some of the same cells as belonged to X1. Deep brain stimulation ‘may similarly transform ‘my’ attributes to such an extent that it seems false to continue to talk about ‘me’ at all.’ Other examples, including cases of patients suffering severe anorexia or who have fallen into a... (shrink)

The author explains that there is scope for a general theory about the nature and place of form in the fundamentals of law. Form organizes the institutions, rules and other varieties of law, and the system as a whole. All such constructs have non‐formal elements, too, but form unifies each construct and provides its criteria of identity. Appropriate form makes a system of law possible. It also tends to beget good content in the law. It is indispensable to (...) the basic needs of a legal system, and when such an end is organizational, as with democracy, liberty, and the rule of law, form is end as well as means. (shrink)

Dürziler, gerek itikadi açıdan gerekse de hukuki prensipleri bağlamında Osmanlı-Hanefi ideolojisi dışında kalan bir cemaatti. Bununla birlikte Dürzi liderler 19. Yüzyılın başlarına kadar devletin Cebel-i Lübnan’daki idari tem-silcileri olarak siyasi otoriteyi ellerinde tutmayı başardılar. Bunun yanı sıra geleneksel hukuklarını da koruyan Dürziler, Osmanlı Devleti’nin sosyal yapısını oluşturan Millet Sistemi içinde farklı bir pozisyonda kimlik edindiler. Tanzimat reformlarının Cebel-i Lübnan’da uygulanmaya başlaması ise Dürzilerin kimlik tanımlarında siyasi paradigmaların dışına çıkmalarına sebep olmuş, Osmanlı kimliğini İslami terminolojiyle tamamlamak adına hareket eden cemaat, hukuki (...) statülerini bir meşruiyet aracı olarak kullanmaya başlamış ve devletin değişen reformist duruşu karşısında farklı bir hukuki yer edinmeye çalışmışlardı. Bu çalışma, Cebel-i Lübnanlı Dürzilerin Osmanlı Devleti’nin son zamanlarında ortaya çıkan kimlik problemine bakışlarını ele almakta, cemaatin meşruiyet kaygılarına karşı aldığı tedbir ve devletin hukuk politikasını incelemektedir. Araştırmada kendi kaynaklarında ve Osmanlı arşivinde yer alan bazı Dürzi davalarından örnekler verilerek cemaatin iç hukukuna değinilmiş, ayrıca devletin mezhep siyasetinde izlediği yöntemin Dürziler üzerindeki etkisi analiz edilmiştir. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 38.1 (2000) 87-101 [Access article in PDF] Collingwood on Re-Enactment and The Identity of Thought Giuseppina D'oro University of Keele Collingwood's The Idea of History is often discussed in the context of the issue of the reducibility/non-reducibility of explanations in the social sciences to explanations in the natural sciences. In the 1950s and 60s, following the publication of Hempel's influential article, "The (...) Function of General Laws in History,"1 many looked at Collingwood's defence of the autonomy of history as providing the appropriate conceptual resources to counter Hempel's claim that explanations in history and in the natural sciences share the same logical structure. Collingwood was recruited as an ally in a number of debates in analytical philosophy of history with a view to clarifying the nature of appropriately historical explanations and the proper subject matter of historical science. In this paper, I wish to consider Collingwood's account of historical understanding from a related but distinct perspective, that is, I wish to consider re-enactment from the perspective of Collingwood's (controversial) claim that thought stands outside time, and that it is because thought stands outside time that it is possible to understand the thoughts of other agents, including those of agents who lived in a distant past. Although Collingwood's account of re-enactment is developed in the context of his philosophy of history, it addresses some very general issues within the philosophy of mind. It is with Collingwood's approach to these general issues that the present paper is concerned: First, I explicate Collingwood's account of re-enactment against the background of his philosophy of mind and, second, attempt to show that one important goal of Collingwood's account of re-enactment is to undermine a certain type of scepticism about the possibility of sharing the thoughts of others, rather than provide a straightforward refutation of this sceptical position. While I believe Collingwood's claim that thought stands outside time to have important repercussions on how to understand [End Page 87] issues more closely related to the philosophy of history, I will not attempt, for reasons of space, to cash out these implications here.In The Idea of History2 the concept of re-enactment is expounded largely via an engagement with an imaginary objector. The position that Collingwood attributes to the imaginary objector can be preliminarily summarized as saying that the objector identifies thoughts with token acts of thinking which can be spatio-temporally located, rather than with the propositional content expressed by those token acts. It is because the objector holds thoughts to be token acts which can be spatio-temporally located that s/he denies that two agents can have or share one and the same thought. Collingwood's reply to the imaginary objector relies on a philosophy of mind that is developed elsewhere3 but whose key elements are presupposed by his discussion of re-enactment in The Idea of History, and essential to an understanding of Collingwood's position.4An important aspect of Collingwood's philosophy of mind concerns his understanding of what is meant by an 'object of thought': When I call a thing subjective I mean that it is or pertains to a subject or conscious mind. When I call it objective I mean that it is or pertains to the object of which such a mind is conscious. I do not call a real rose objective and an imaginary one subjective, or the molecules in it objective and the beauty of it subjective. A real rose I call real and an imaginary rose I call imaginary; and I call them both objective because they are the objects of a perceiving and imagining mind respectively. (SM, 11)5For the sake of clarity I shall refer to the subjective/objective distinction as used by Collingwood as subjective2 and objective2 and to the subjective/objective distinction against which it is contrasted as subjective1 and objective1. Objective1 means existing in... (shrink)

Sections “Introduction: Hume’s Principle, Basic Law V and Cardinal Arithmetic” and “The Julius Caesar Problem in Grundlagen—A Brief Characterization” are peparatory. In Section “Analyticity”, I consider the options that Frege might have had to establish the analyticity of Hume’s Principle, bearing in mind that with its analytic or non-analytic status the intended logical foundation of cardinal arithmetic stands or falls. Section “Thought Identity and Hume’s Principle” is concerned with the two criteria of thought identity that Frege states in (...) 1906 and their application to Hume’s Principle. In Section “The Nature ofion: A Critical Assessment of Grundlagen, §64”, I scrutinize Frege’s characterization of abstraction in Grundlagen, §64 and criticize in this context the currently widespread use of the terms “recarving” and “reconceptualization”. Section “Frege’s Proof of Hume’s Principle” is devoted to the formal details of Frege’s proof of Hume’s Principle. I begin by considering his proof sketch in Grundlagen and subsequently reconstruct in modern notation essential parts of the formal proof in Grundgesetze. In Section “Equinumerosity and Coextensiveness: Hume’s Principle and Basic Law V Again”, I discuss the criteria of identity embodied in Hume’s Principle and in Basic Law V, equinumerosity and coextensiveness. In Section “Julius Caesar and Cardinal Numbers—A Brief Comparison Between Grundlagen and Grundgesetze ”, I comment on the Julius Caesar problem arising from Hume’s Principle in Grundlagen and analyze the reasons for its absence in this form in Grundgesetze. I conclude with reflections on the introduction of the cardinals and the reals by abstraction in the context of Frege’s logicism. (shrink)

We outline an alternative to both scientific and liberal naturalism which attempts to reconcile Sellars’ apparently conflicting commitments to the scientific accountability of human nature and the autonomy of the space of reasons. Scientific naturalism holds that agency and associated concepts are a mechanical product of the realm of laws, while liberal naturalism contends that the autonomy of the space of reason requires that we leave nature behind. The third way we present follows in the footsteps of German (...) Idealism, which attempted to overcome the Kantian chasm between nature and agency, and is thus dubbed ‘post-Kantian.’ We point to an overlooked group of scholars in the naturalism debate who, along with recent work in biology and cognitive science, offer a path to overcome the reductive tendencies of empiricism while avoiding the dichotomy of logical spaces. We then bring together these different streams of research, by foregrounding and expanding on what they share: the idea of organisms as living agents and that of a continuity without identity between life and mind. We qualify this as a bottom-up transformative approach to rational agency, which grounds cognition in the intrinsically purposive nature of organisms, while emphasizing the distinction between biological agency and full-fledged mindedness. (shrink)

In this paper we open up the topic of ethical corporate identity: what we believe to be a new, as well as highly salient, field of inquiry for scholarship in ethics and corporate social responsibility. Taking as our starting point Balmer’s (in Balmer and Greyser, 2002) AC2ID test model of corporate identity – a pragmatic tool of identity management – we explore the specificities of an ethical form of corporate identity. We draw key insights from conceptualizations (...) of corporate social responsibility and stakeholder theory. We argue ethical identity potentially takes us beyond the personification of the corporation. Instead, ethical identity is seen to be formed relationally, between parties, within a community of business and social exchange. Extending the AC2ID test model, we suggest the management of ethical identity requires a more socially, dialogically embedded kind of corporate practice and greater levels of critical reflexivity. (shrink)

The purpose of this article is to analyse world-view and mythological expressions in Russian and Soviet Constitutional acts that implicitly or explicitly refer to any kind of idea legitimising the shape of the state, its political system or the nature of political power. The object of the argument will be exclusively such provisions of fundamental laws which: having neither a purely regulatory nor a purely programmatic character, model mental representations of the world of the legal text by reference to (...) ‘situationally transcendent’ ideas in Mannheim’s sense ; justify the content of the legal provision by means of such imagery, without being part of the preamble or any different integral part of the Constitution, characterised by a different ontology of the text; justify the content of provisions linked to political power and/or the nature of the state. The materials of the analysis are: Fundamental Laws of the Russian Empire of 1906, the Constitutional texts of the Union of Soviet Socialist Republics of 1924, 1936 and 1977, and the current Constitution of the Russian Federation. Consecutive Constitutions of the Russian Soviet Federative Socialist Republic are also referred to. The analysed formulations, legally irrelevant in a conventional reading of a legal text, participate in the semiosis of both the provisions that contain them and the entire texts of the fundamental laws. In this way, the Constitutions incorporate into their complex of meanings either religious expressions, mythologised ideological figures or figures of historical memory associated with collective identity. (shrink)

In this paper I discuss and evaluate different arguments for the view that the laws of nature are metaphysically necessary. I conclude that essentialist arguments from the nature of natural kinds fail to establish that essences are ontologically more basic than laws, and fail to offer an a priori argument for the necessity of all causal laws. Similar considerations carry across to the argument from the dispositionalist view of properties, which may end up placing unreasonable constraints on property (...) identity across possible worlds. None of my arguments preclude the possibility that the laws may turn out to be metaphysically necessary after all, but I argue that this can only be established by a posteriori scientific investigation. I therefore argue for what may seem to be a surprising conclusion: that a fundamental metaphysical question – the modal status of laws of nature – depends on empirical facts rather than purely on a priori reasoning. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In this article, I first analyze and assess the epistemological and semantic status of canonical value-range equations in the formal language of Frege’s Grundgesetze der Arithmetik. I subsequently scrutinize the relation between (a) his informal, metalinguistic stipulation in Grundgesetze I, Section 3, and (b) its formal counterpart, which is Basic Law V. One point I argue for is that the stipulation in Section 3 was designed not only to fix the references of value-range names, but that it was probably also (...) intended to play a regulative role with an eye to Basic Law V. I further intend to shed new light on the status of Frege’s identification of the truth-values with their unit classes in Grundgesetze I, Section 10 and determine its place and importance in his overall logicist project. In a subsequent section, I first discuss the hypothetical extendability of the logical system of Grundgesetze. In what follows, I analyze the incompleteness of that system—were it not inconsistent and hence trivially complete—by focusing on the role of the definite description operator and the axiom governing it (= Basic Law VI) as well as on the role of the application operator. The latter is defined by means of the former. I further comment on the redundancy of an axiom that could be designed to supplement Basic Law VI by incorporating the second clause of Frege’s two-part elucidation of the description operator. I argue that although it seems likely that Basic Law VI could have been shown to be dispensable in Grundgesetze, Frege would probably have been reluctant to dispense with it, despite his commitment to axiomatic parsimony. In my view, the reason is that he considers it essential that every primitive function-name of his formal language be governed and grounded by a basic law that is tailored to the nature and the role of the primitive name occurring at a key point in the law. Toward the end of the article, I propose solutions to two problems with Frege’s use of “=” in the concept-script sentences that result from his definitions involving the replacement of the double stroke of definition with the judgment-stroke. I conclude the article with a summary of the main results that I have achieved. (shrink)

The backdrop for this thesis is provided by Troeltsch's far more detailed and extensive studies of the social doctrines of various Christian churches and groups. According to Troeltsch's interpretation, the reception of the Stoic concept of natural law is as crucial to Christian ethics as the reception of the concept of logos is to Christian dogmatics. Just as the concept of logos mediates between the truth of revelation and the truth of reason, so the concept of natural law mediates between (...) the moral demands of the gospel and the principles of a worldly ethos. Since there is a distinction between an absolute natural law, which is identical with the radical ideal of the Sermon on the Mount, and a relative natural law, substantially corresponding to the Ten Commandments and to political and social reality, such a mediation--which must be oriented on the relative natural law--must qualify the original radical Christian claim. Whereas the old church allowed both forms of the natural law to stand alongside each other without mediation and was therefore unable to overcome their estrangement within the surrounding social reality, the Christian Middle Ages succeeded in uniting both forms by replacing the distinction between the gospel and the world with a distinction between the natural and the supernatural, interpreting each as a level of a metaphysical whole. When this idea of a metaphysical hierarchy of reality, attached to the concept of natural law, became linked to the notion of society as a structured organism, as taught by Aristotle and Paul, the concept of natural law assumed a virtually fundamental status: it grounded both moral and social philosophy and enabled the rise of the "unified culture" characteristic of the Christian Middle Ages, from which the Reformation later departed in order to regain the radicalism of the gospel. By linking the concept of natural law to the organic interpretation of-the social, the Christian Middle Ages could also assign a central role to the church: just as the divine law is the bracket that binds together the levels of moral laws, so the church is the bracket that holds together the members of the social organism. Its interpretation as the "boundless, comprehensive, and guiding institution of salvation," together with the strong attachment of natural law to eternal and immutable principles, must, in the last consequence, lead to a "conservative, organically patriarchal natural law." Consequently, those elements that were already contained in the medieval form of the natural law but not in the Platonic interpretation of the social order, and which in its later secular form gave it its progressive, even revolutionary, power, remain repressed: the idea of the dignity of the person, the associated freedom and autonomy of individual reason, the-resulting responsibility of personal conscience, and the significance of one's vocation, which stems from the place of the individual within the whole. (shrink)

The status and nature of the state have been the traditional source of claims about the reality of supra-individual social entities. Kelsen was the dissolver of this problematic, by asserting the identity of state and law, and asserting that law was the authorized actions of individuals. But this required an account of the origin of law itself. He traced this to pre-state law, and the normative order of retribution, which he explained as part of a primitive mentality that (...) depended on an undeveloped ego and conceived causality collectively and magically, to include the dead and nature. The casually responsible individual as understood in modern law resulted from the overcoming of these notions. (shrink)

In the Second Analogy, Kant argues that every event has a cause. It remains disputed what this conclusion amounts to. Does Kant argue only for the Weak Causal Principle that every event has some cause, or for the Strong Causal Principle that every event is produced according to a universal causal law? Existing interpretations have assumed that, by Kant’s lights, there is a substantive difference between the two. I argue that this is false. Kant holds that the concept of cause (...) contains the notion of lawful connection, so it is analytic that causes operate according to universal laws. He is explicit about this commitment, not least in his derivation of the Categorical Imperative in Groundwork III. Consequently, Kant’s move from causal rules to universal laws is much simpler than previously assumed. Given his commitments, establishing the Strong Causal Principle requires no more argument than establishing the Weak Causal Principle. (shrink)

Review of Hrafn Asgeirsson's The Nature and Value of Vagueness in Law (2020).

Substantive counterlegal discourse poses a problem for those according to whom the laws of nature are metaphysically necessary. I discern two types of necessitarianism about laws: dispositional essentialism and modal necessitarianism. I argue that Toby Handfield’s response to the problem of counterlegals cannot help the modal necessitarian, according to whom all possible worlds are identical with respect to the laws. I thus propose a fictionalist treatment of counterlegals. Fictions are not limited by metaphysical possibility; hence, fictionalism affords the modal (...) necessitarian the means to account for the apparent substance of counterlegals even granting the metaphysical necessity of the laws. (shrink)

This article presents and argues for modal structuralism, which is loosely derived from a position described by Wilfrid Sellars. Modal structuralism holds that a fundamental property is identified by the role it plays in the structure of possibilities. It implies necessitarianism about laws, which holds that at least some laws of nature are metaphysically necessary. The argument for these positions derives from the following assumptions: the principle of the identity of indiscernible properties and a modest antiquidditism. These assumptions (...) are weaker than those of causal structuralism, which is a closely related view. (shrink)

This book advocates dispositional essentialism, the view that natural properties have dispositional essences.1 So, for example, the essence of the property of being negatively charged is to be disposed to attract positively charged objects. From this fact it follows that it is a law that all negatively charged objects will attract positively 10 charged objects; and indeed that this law is metaphysically necessary. Since the identity of the property of being negatively charged is determined by its being related in (...) a certain way to the property of being positively charged, in any world in which these properties exist they must be related so that all negatively charged objects attract positively charged objects. 15 Bird opposes his dispositional essentialism to the view that properties are categorical in nature, with their identities grounded in quiddities that are not exhausted by their relations to other properties. The main exponents of this view are D.M. Armstrong and David Lewis. They take the laws of nature to be contingent though they entertain very different views about their nature: Armstrong is a necessitarian 20 about laws, taking them to be relations of nomic necessitation between universals, while Lewis is a Humean about laws who takes them to be a special kind of regularity. The book is a sustained defence of the dispositional essentialist conception of properties and laws against the competing conceptions espoused by Armstrong and Lewis. One rough way to characterize the difference between these conceptions is to say that 25 the categoricalist sees properties as passive and inert with the laws of nature being fixed independently of the nature of properties whereas, in contrast, the dispositional essentialist sees properties as active potencies from which the laws of nature automatically spring. A slightly more tendentious way to express the difference is to say, as Bird does, that the categoricalist views embrace the Humean doctrine that there are no 30 necessary connexions in nature, while the dispositional essentialist view, on the other hand, repudiates this doctrine.. (shrink)

This volume explores the relationship between law and geography, especially with respect to taken-for-granted distinctions between the social and the material, the human and non-human, and what constitutes persons and things. As a genuinely reflective `Law and Geography' project, this collection offers interdisciplinary inquiry, particularly in response to globalisation - of law, commerce, environmental change and society - which renders relations between the local and the global more significant. Because of the sheer expansiveness and complexity of both law and geography (...) we use conceptual frames to structure this volume - boundaries, land, property, nature, identity, culture and time, and knowledge. These frames cut across the various subdivisions of law and geography described above and provide a route into the various practical and theoretical deliberations on the interrelationship and interstices of law and geography which follow. The chapters are diverse in style, research methodology, and subject matter. (shrink)

Dispositional essentialism, a plausible view about the natures of (sparse or natural) properties, yields a satisfying explanation of the nature of laws also. The resulting necessitarian conception of laws comes in a weaker version, which allows differences between possible worlds as regards which laws hold in those worlds and a stronger version that does not. The main aim of this paper is to articulate what is involved in accepting the stronger version, most especially the consequence that all possible properties (...) exist in all worlds. I also suggest that there is no particularly strong reason for preferring the weaker to the stronger version. For example, Armstrong's instantiation condition on universals entails that according to strong necessitarianism every property is instantiated in all possible worlds. But first we do not need to accept Armstrong's instantiation condition, in part because his arguments for it are forceful only for a contingentist about laws and properties. Secondly, even if we do accept the condition, the consequence that all properties are instantiated is not itself contradictory, so long as any form of necessitarianism holds. Strong necessitarianism is prima facie counter-intuitive. But for that matter so is weak necessitarianism. Accepting either weak or strong necessitarianism requires denying the force of intuition in this area. And indeed we have every reason to deny the force of intuition and its primary source, imagination, concerning modal facts. (shrink)

Maimonides (1135/1138–1204) and Zhu Xi 朱熹 (1130–1200) are unparalleled in the transformation and revitalization of Jewish and Confucian traditions, respectively. This article offers a comparative analysis of the two philosophers’ conceptions of nature and their view on the end of knowledge. It examines, on one hand, Maimonides’s distinctive interpretation of the rabbinic concept of maʿaseh bereshith (the Account of the Beginning) in the light of his statement that maʿaseh bereshith is identical with natural science; and on the other hand, (...) Zhu Xi’s elucidation of key concepts such as xing 性 (nature), shu 數 (number), tian 天 (heaven), and cheng 誠 (genuineness) in the framework of his doctrine of li 理 (pattern or principle) and qi 氣 (material force). The article points out that Maimonides not only connects the maʿaseh bereshith to the beginning of the world, as traditionally held; he also associates it with the beginning of the revelation of the Mosaic Law, which renders profound implications. While both emphasize the inherent nature of all things, they diverge on the ultimate goal of knowledge in terms of the hierarchy of virtues. Along with Aristotle, Maimonides prioritizes rational virtue over moral virtue, thereby placing intellectual perfection as the ultimate human perfection. In contrast, Zhu Xi esteems knowledge of nature as facilitating the pursuit of the highest goal of sagehood, and leaves no room for the higher status of theoretical pursuit to moral cultivation. (shrink)

Few would disagree that P. F. Strawson and W. V. O. Quine have been the leading figures in Anglo-American philosophy during the second half of the twentieth century. This book brings together a number of Strawson’s widely-scattered previously-published essays from the 1970s, 1980s, and 1990s. The unity of the collection is partly provided by the internal connectedness of the essays to Strawson’s most important books Individuals, The Bounds of Sense, Logico-Linguistic Papers, and Subject and Predicate in Grammar and Logic. But (...) its unity principally lies in Strawson’s consistent and vigorous opposition to Quine’s extreme extensionalism. The extensionalist says that the meanings of terms and sentences in natural languages or logical systems are strictly determined by the objects they refer to; and the Quinean extensionalist also says that those objects are ultimately whatever the natural sciences tell us they are. The intensionalist, by contrast, says that meanings in natural language and logic are underdetermined by the functions of reference and have irreducible, autonomous structures that include primitive features of generality and modality; and the Strawsonian intensionalist says that those irreducible, autonomous structures are grounded in the person-oriented world of ordinary speech-transactions and everyday common sense. In the Introduction, Strawson helpfully divides the essays into seven groups or clusters: two on identity and universals; two on quantification and properties; three on singular reference and beliefreports; two on logical form; one on epistemic modality; two on pragmatics; and four on Kant. The essays on Kant are primarily exegeticalcritical, but also have a deeper import. For Strawson’s metaphysical commonsensism and personalism can be fairly neatly derived from Kantian metaphysics by logically detaching Kant’s plausible conception of “empirical realism” from his questionable doctrine of “transcendental idealism”, and by similarly detaching Kant’s plausible conception of a self-conscious embodied empirical subject and her a priori cognitive and practical capacities from his questionable conception of a noumenal self. It is of course impossible in a very short review even to summarize all sixteen essays, far less to explicate or criticize them. So to maximize available resources I will concentrate the rest of my remarks on what seems to me to be the most important paper. In “Logical Form and Logical Constants”, Strawson addresses a fundamental and lingering problem in the philosophy of logic: How precisely to define the logical constants and to justify their introduction into a logical theory? All logicians agree that logical constants are just those terms in a formal or natural language which hold their meanings fixed under the variable interpretations of all other terms, which enter essentially into logical truths and deductions, and which are “topic-neutral”—indifferent to all special subject-matters. But these notions do not get us very far, since the meaning of any term can be held rigidly and topic-neutrally fixed over a language and also held to enter essentially into logical truths and deductions, by sheer stipulation. Strawson’s approach to solving the problem has two basic steps. First, he joins a line of thought shared by Kant, Boole, and early Wittgenstein: “[l]ogic reveals the general essence of all thought and all language”. Secondly, he borrows and exploits Wittgenstein’s idea that all the logical constants are packed into the general form of a proposition, which is simply “this is how things are.” This leads to the proposal that we can “think of standard logic as something in principle excogitatable... by pure reflection on the general nature of statement, on what is the least that is necessarily involved in the making of empirical informative statements”. Such a line of reasoning— rather like Kant’s discovery of his “table of judgments” in the first Critique —runs backward from the notion of an empirical statement to the root logical notions of general term and singular term, of compatibility and incompatibility, and of “identifiable linguistic forms or devices with conventional forces or meaning” ; and from there by gradual steps to the notions of contradiction and entailment, the truth-functions, logical truth, first-order quantification, and so forth. I have a worry about this way of excogitating logic, however. While it neatly accounts for standard logic, I cannot see how it will be able to account for nonstandard logic—whether in the form of conservative extensions of standard logic or in the form of deviant logics. In other words, the starting point for logical reflection must be something more comprehensive than the empirical statement. Now the notion of an analytic a priori statement seems like the obvious candidate: no system, standard or nonstandard, will wholly lack logical laws or logical truths. If so, then Strawson’s disinclination to deploy the notion of analyticity directly may be a concession to Quine’s attack on the analytic-synthetic distinction. On this pivotal issue, in fact, Strawson’s intensionalism has lost out to Quine’s extensionalism—the Grice-Strawson reply to “Two Dogmas of Empiricism” from ordinary-language considerations has not generally prevailed. But we are very fortunate that Strawson has been both willing and so brilliantly able to resist the Quinean juggernaut for five decades.—Robert Hanna, University of Colorado at Boulder. (shrink)