This is a conversation held at the book launch for Christopher Insole’s Kant and the Divine: From Contemplation to the Moral Law (Oxford: Oxford University Press, 2020), hosted jointly, in November 2020, by the Centre for Catholic Studies, Durham University, and the Australian Catholic University. The conversation covers the claim made by Insole that Kant believes in God, but is not a Christian, the way in which reason itself is divine for Kant, and the suggestion that reading Kant can (...) open up new possibilities for dialogue between Christian thinkers and contemporary forms of secular religiosity. (shrink)

This is the author’s reflections on formal responses, and a discussion, which took place at the book launch for Christopher Insole’s Kant and the Divine: From Contemplation to the Moral Law (Oxford: Oxford University Press, 2020), hosted jointly, in November 2020, by the Centre for Catholic Studies, Durham University, and the Australian Catholic University. Topics covered include: the aesthetic properties of Kant’s philosophy, the difference between the received Kant and the textual Kant, the theological hostility to (and appropriation of) (...) Kant, Insole’s claim that Kant believes in God, but is not a Christian. (shrink)

The philosopher Kant is a key thinker in shaping our contemporary concept of morality, freedom, and happiness. This book argues that Kant believes in God, but that he is not a Christian, and that this opens up an important and neglected dimension of Western Philosophy.

I evaluate the plausibility of how broadly ‘Wittgensteinian’ approaches to the philosophy of religion: looking in the first half of the essay at the account such approaches give of the meaning of religious utterances, and in the second half at the account given of the required justification for believing such utterances. As regards the meaning of religious utterances I distinguish weak and strong Wittgensteinian theses, supporting the former but refuting the latter. Turning to Wittgensteinian approaches to the justification of religious (...) beliefs I argue that although some beliefs are ‘groundless’ in a way that makes them an unquestionable feature of our conceptual landscape, anything as interesting as a religious belief can not be ‘groundless’ in the relevant sense . Finally I argue that only Wittgensteinian approaches can capture the meaning and justificatory requirements of religious beliefs for a minority of ‘believers’: but that this minority is important. (shrink)

This short article looks at a move made by some theists in defence of theism: the suggestion is that because the atheist has failed fully to grasp what the theist means by ‘God’ etc. so the atheist's criticisms must miss their target.View HTMLSend article to KindleTo send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. (...) Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Your Kindle email address Please provide your Kindle email.@free.kindle.com@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. MISS THE TARGET: HOW SOME ‘SOPHISTICATED’ THEISTS DODGE ATHEIST CRITICISMVolume 17, Issue 50Stephen LawDOI: https://doi.org/10.1017/S1477175618000167Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

This article is a contribution to interdisciplinary scholarship addressing the presumption of innocence, especially interdisciplinary conversations between philosophers and jurists. Terminological confusion and methodological traps and errors notoriously beset academic literature addressing the presumption of innocence and related concepts, such as evidentiary presumptions, and the burden and standard of proof in criminal trials. This article is diagnostic, in the sense that its primary objective is to highlight the assumptions—in particular, the disciplinary assumptions—implicit in influential contributions to debates on (...) the presumption of innocence. It advocates a methodologically pluralistic approach, according to which definitions of the presumption of innocence are necessarily sensitive to purpose and method. These relationships and their implications are not always appreciated, and are seldom explicitly elucidated. Notably, philosophers routinely treat the presumption of innocence as epistemic, evidentiary or otherwise featuring directly in practical reasoning. This article identifies jurisprudential and practical reasons why legal scholars and practitioners concerned with criminal procedure and evidence should reject evidentiary interpretations of the presumption of innocence. By encouraging finer-grained engagement with the history and institutional details of common law procedural traditions, the article aims to show why legal scholars might think that philosophical approaches to the presumption of innocence are already methodologically-loaded and, for our purposes, address the wrong questions with deficient concepts. (shrink)

This article makes two key claims in succession. First of all, Kant’s own religious hope is significantly and studiedly distanced from the traditions of Christianity that he would have received, in ways that have not yet been fully, or widely, appreciated. Kant makes an ideal moral community the object of our religious hopes, and not the transcendent God of the tradition. Secondly, Kant nonetheless has a notion of transcendence at play, but in a strikingly different key to traditional Christianity. Both (...) concepts of transcendence, the Christian and the Kantian, deflate, in their own distinctive ways, our hopes for politics and history, in a way that can unsettle the certainties, and vanities, of both the traditional theologian and the secular Rawlsian. The Christian hope is not the same as Kant’s religious hope, which is distinct, in origin, depth and ambition from his more limited hope for politics. (shrink)

Some theologians are inclined to regard realism with hostility or indifference. I do not present an argument for realism, but for why realism matters, and what is at stake.First of all, I separate the heart of realism from gratuitous doctrines which are too often associated with it. Religious realism is the claim that truth is independent of our beliefs about truth, and that we can in principle hope to have true beliefs about God. Realism is not intrinsically concerned with the (...) existence of ‘objects’, with natural theology or rational justification.I then show that even thinkers who are hostile or indifferent to religious realism so defined, usually make an implicit appeal to a similar realism in the sphere of ethics.To establish that realism matters in religion as well as ethics I draw an analogy with realism/anti‐realism about persons, to show that anti‐realism makes mutually risk‐taking and courageous relationships impossible. I go on to argue that far from it being a realist who is obsessed with rational certainty, this is one of the worst vices of the anti‐realist, who cannot bear there to be a gap between her beliefs and reality.I conclude that the most vital feature of religious realism is not certainty of belief, but the opposite – the acknowledged risk that all our hope could be in vain. In closing the possibility on this risk, the anti‐realist demonstrates an unfaithful and uncourageous movement of thought. (shrink)

a This is an outline of a coherence theory of law. Its basic ideas are: reasonable support and weighing of reasons. All the rest is commentary.a (TM) These words at the beginning of the preface of this book perfectly indicate what On Law and Reason is about. It is a theory about the nature of the law which emphasises the role of reason in the law and which refuses to limit the role of reason to the application of (...) deductive logic. In 1989, when the first edition of On Law and Reason appeared, this book was ground breaking for several reasons. It provided a rationalistic theory of the law in the language of analytic philosophy and based on a thorough understanding of the results, including technical ones, of analytic philosophy. That was not an obvious combination at the time of the booka (TM)s first appearance and still is not. The result is an analytical rigor that is usually associated with positivist theories of the law, combined with a philosophical position that is not natural law in a strict sense, but which shares with it the emphasis on the role of reason in determining what the law is. If only for this rare combination, On Law and Reason still deserves careful study. On Law and Reason also foreshadowed and influenced a development in the field of Legal Logic that would take place in the nineties of the 20th century, namely the development of non-monotonic (a defeasiblea (TM)) logics for the analysis of legal reasoning. In the new Introduction to this second edition, this aspect is explored in some more detail. (shrink)

The task I set myself is to identify whether Climacus is an extreme or moderate fideist, and to go on to evaluate how convincing or persuasive I find Climacus' position. Separating metaphysical and epistemological fideism, I spend the first section of the article denying that Climacus is a ‘metaphysical fideist’. This involves looking at the notion of ‘truth as subjectivity’. I will claim that in expounding this notorious maxim Climacus can be seen as expressing something almost trivially obvious and/or something (...) substantially wrong. I will further argue that even the obvious version of the maxim needs to be heavily qualified before it can be a sufficient account of ‘religious truth’.In the second section of the article I argue that Climacus should be understood as a moderate fideist, who considers that reason should assent to its own limitations. Although I will approve of reason‐exhausting projects, I will complain that the paradox which is supposed to so exhaust my reason does not perplex me in the relevant sense. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 29, Number 2, November 2003, pp. 267-282 Skepticism and Philo's Atheistic Preference DAVID O'CONNOR [H]owever consistent the world may be... with the idea of... a very powerful, wise, and benevolent Deity... it can never afford us an inference concerning his existence. The consistence is not absolutely denied, only the inference.1 The whole presents nothing but the idea of a blind nature, impregnated by a great vivifying (...) principle, and pouring forth from her lap, without discernment or parental care, her maimed and abortive children. (DNR, 211) The true conclusion is, that the original source of all things is entirely indifferent to all these principles, and has no more regard to good above ill than to heat above cold, or to drought above moisture, or to light above heavy. (DNR, 212) There may four hypotheses be framed concerning the first causes of the universe: that they are endowed with perfect goodness, that they have perfect malice, that they are opposite and have both goodness and malice, that they have neither goodness nor malice.... The fourth... seems by far the most probable. (DNR, 212) David O'Connor is Professor of Philosophy, Seton Hall University, South Orange, New Jersey 07079. e-mail: oconnoda@shu.edu 268 David O'Connor What I have said concerning natural evil will apply to moral, with little or no variation; and we have no more reason to infer, that the rectitude of the supreme Being resembles human rectitude than that his benevolence resembles the human. Nay, it will be thought, that we have still greater cause to exclude from him moral sentiments, such as we feel them; since moral evil, in the opinion of many, is much more predominant above moral good than natural evil above natural good. (DNR, 212) Thus Philo in part 11 of Hume's Dialogues concerning Natural Religion. I In the first of these passages, Philo is denying that the existence of "a very powerful, wise, and benevolent Deity" can justifiably be inferred from the facts of good and evil present to our experience. But power, wisdom, and benevolence are essential qualities of the God of traditional theism, thus Philo is here denying that the existence of such a being can justifiably be inferred from the empirical evidence of good and evil. The other passages show us Philo going further than this, indeed all the way to what seems to be a preference for moral atheism. The term is J. C. A. Gaskin's, and he defines it thus: "[moral atheism] will be [the position of] anyone who denies the existence of any god having moral attributes."2 In the second and third passages specifically, this prima facie preference is absolute ("[t]he whole presents nothing but the idea of a blind nature... without discernment" and "the original source of all things is entirely indifferent," respectively), while it is relative and more cautiously expressed in the fourth passage. And the fifth passage says at least as much as the first and perhaps as much as the second and third. Yet Philo very early in the book declares himself a skeptic on such metaphysical topics as "the origin of worlds" (DNR, 132), "the existence and properties of spirits" (DNR, 135), "the powers and operations of one universal spirit, existing without beginning and without end; omnipotent, omniscient, immutable, infinite" (DNR, 135). The principal reason he gives is the "weakness, blindness, and narrow limits of human reason... even in subjects of common life and practice" (DNR, 131). Considering these limits, surely it is very likely that "we have... got quite beyond the reach of our faculties" (DNR, 135) if and when we turn to such metaphysical topics as those he just listed. On these matters, which "run wide of common life... [t]he mind must remain in suspense... and it is that very suspense or balance, which is the triumph of skepticism" (DNR, 135-6). Hume Studies Philo's Atheistic Preference 269 While the first of the passages I quoted in the beginning clearly squares with this skeptical outlook, and so does at least part of the fifth, it would seem that the rest of the quoted material does not... (shrink)

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary distinction of before (...) and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Kant and the Divine: From Contemplation to Moral Law by Christopher J. InsoleChris L. FirestoneChristopher J. Insole. Kant and the Divine: From Contemplation to Moral Law. Oxford: Oxford University Press, 2020. Pp. v + 409. Hardback, $110.00.The extent to which the philosophy of Immanuel Kant converges with or diverges from Christian thought has been a hotly debated topic in recent years. Central to that debate has been the (...) resurgence of interest in Kant's classic Religion within the Boundaries of Mere Reason (henceforth, Religion). The most insightful interpretations and applications of Religion, it seems, have utilized resources from a broad range of Kant's writings, emphasizing his philosophy considered as an integrated whole. Christopher Insole's recent monograph—Kant and the Divine: From Contemplation to Moral Law—attempts to redirect this debate with an argument spanning Kant's precritical and critical periods in performing a deep dive on the topic of freedom. On the face of it, the argument is not purely theological or even religious. It revolves, instead, around a metaphysical analysis of freedom, both as exemplified in Kant's writings and relative to his historical predecessors.Key to Insole's proposal is that Kant's critical notion of freedom evolves into something very different than that of his predecessors (on which his early writings depend) and, in its development, decisively "ruptures" with the Christian tradition. Human freedom, on Insole's analysis of Kant, must be "end-setting" and not constrained or directed by any type of external compulsion. This suggests that God cannot be understood to influence freedom causally, or at least not without human conscious and free consent. Numerous writers have thought they spied Christian connections in Kant's notion of freedom, such as the need for divine forgiveness, and even grace, to avoid the absurdum practicum. Insole resists all such attempts as being foreign to the novelty of the mature Kant's reflections on freedom. No external force can be brought to bear as a determining causal influence on human freedom, presumably because an end set before us from outside undermines our ability to set an end for ourselves. God is at best the "all-knowing distributor of happiness" (321) that makes end-setting and the kingdom of ends worthwhile moral pursuits. Insole's express intention is to "show the significance of Kant's denial that God can be our final cause" and that "his philosophical religiosity, understood on its own terms, and as expressed across his whole oeuvre" shows that "Kant cannot easily be called a Christian thinker" at all (2–4).Extricating Kant from Christianity proves to be a monumental task. Insole uses eighteen chapters and more than four hundred pages to make his case. The argument distinguishes itself from other such attempts in its rigorous analytic approach to unpacking the metaphysical underpinnings of issues supposedly at the root of Kant's philosophical theology. The book presents a cumulative case argument for Kant's supposed break with "the Christian theological tradition as he would have received it" (13). Much rests on whether or not this argument is cogent. Kant, according to Insole, is something akin to a theological Platonist and moral Stoic, who attempts to establish a unique form of "philosophical religiosity" (3 and 156). This makes Kant similar to the likes of Augustine and Ambrose, but different in terms of his theological aspirations. Insole casts Kant not as a pure philosopher seeking to understand philosophy relative to the Christian tradition, but rather as a philosophical [End Page 164] theologian bent on showing human freedom, free end-setting, and an ethical community of end-setters to be the exclusive means for attaining the highest good. Although this may sound Pelagian, Insole insists it is not, because "the Pelagian could still regard God as our final cause and efficient cause" (299). In other words, in Insole's interpretation, Kant is a strict philosophical humanist or what theologians might term a hyper-Pelagian.The difficult details of Insole's arguments are important to consider but not easily dealt with in the space provided here. Early in the book, Insole takes his reader on a metaphysical tour of "Divine Ideas" and "God... (shrink)

I demonstrate that the pre-Critical Kant is essentialist and intellectualist about the relational properties of substances. That is to say, God can choose whether or not to create a substance, and whether or not to connect this substance with other substances, so as to create a world: but God cannot choose what the nature of the relational properties is, once the substance is created and connected. The divine will is constrained by the essences of substances. Nonetheless, Kant considers that essences (...) depend upon God, in that they depend upon the divine intellect. I conclude by gesturing towards some possible implications of this interpretation, when considering the role that might be played by God – both historically and conceptually – in relation to the notion of ‘laws of nature’, and when understanding Kant's transcendental idealism and his Critical conception of freedom. (shrink)

Philosophy for AS and A2 is the definitive textbook for students of Advanced Subsidiary or Advanced Level philosophy courses, structured directly around the specification of the AQA. Following a lively foreword by Nigel Warburton, author of Philosophy: The Basics, a team of experienced teachers devote a chapter each to the six themes covered by the syllabus: Each of the chapters include helpful student-friendly features. a list of key concepts, to introduce students to the topic bite-size sections corresponding to the syllabus (...) topics actual exam questions from previous years suggested discussion questions to promote debate text-boxes with helpful summaries, case-studies and examples an annotated further-reading list directing students towards the best articles, books and websites a comprehensive glossary, providing a handy reference point There is a final chapter on essay writing and exam preparation, designed to help students get to grips with the examination board requirements. Philosophy for AS and A2 is written by a team of expert teachers based at Heythrop College - part of the University of London - which specializes in teaching philosophy and theology. (shrink)

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we look at a particularly underhand way of avoiding answering a question. It is popular with politicians around the world.

Since the mid 1960s, scientifically informed theists have been ecstatic because of Big bang cosmology. Theists believe the best scientific evidence that God exists is the evidence that the universe began to exist in an explosion about fifteen billion years ago. It began in an explosion called the Big Bang. Theists think it obvious that the universe could not have begun to exist uncaused. They argue that the most reasonable hypothesis is that the cause of the universe is God. This (...) theory hinges on the assumption that it is obviously true that whatever begins to exist has a cause. The most recent statement of this theist theory is in William Lane Craig's 1994 book Reasonable Faith 1]. Now there is a very interesting quote from this book which I will read to you at length because, at the end of this quote, Craig mentions me as one of the perverse atheists who deny the obviousness of the theistic principle. So let me quote to you how Craig states his argument 2]: The argument may be formulated in three simple steps: 1. Whatever begins to exist has a cause. 2. The universe began to exist. 3. Therefore, the universe has a cause. (shrink)

Illuminates legal reasoning -- and its justification At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. (...) This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power. Explores enduring questions Focusing on work over the past century, the essays address important recurring questions, such as: When a judge or a lawyer reasons to a conclusion about what is legally required in a given case, must he also ask what is morally required? To what extent do a judge's personal, political, or moral biases affect his legal reasoning? What is the impact of such biases? Can all such biases be avoided? Is legal reasoning similar to reasoning in mathematics, logic, and linguistics, the physical sciences, the social sciences, or literature and history? Do formal logical modes of argument play any roles in legal reasoning? Solid coverage, well organized The articles were chosen to present some of the most influential works on the topic, as well as less familiar works that are thought provoking and informative. Each volume also offers a representative range of theoretical approaches to its topic, contains an introduction that locates the subject within the larger framework oftheories of legal reasoning and jurisprudence, and includes bibliographical notes on further readings. Many 19th century legal theorists argued that deduction is the central mode of legal reasoning, and that legal argument is like a deductive proof in mathematics or logic. They were attracted to this "deductivist" concept because it suggested that legal reasoning could be politically and morally neutral. This volume brings together some of the most thought-provoking articles on both sides of the debate. It also contains several leading articles that explain the role of probabilistic judgments and presumptions in various types of legal arguments, including the laws of evidence and criminal procedure. The collection is a solid introduction to the basic modes of logical argument in legal reasoning. (shrink)

Surveys over the last twenty years have seen an ever-growing number of Americans disclaim religious affiliations and instead check the "none" box. In the first sociological exploration of organized secularism in America, Richard Cimino and Christopher Smith show how one segment of these "nones" have created a new, cohesive atheist identity through activism and the creation of communities. According to Cimino and Smith, the new upsurge of atheists is a reaction to the revival of religious fervor in American politics since (...) 1980. Feeling overlooked and underrepresented in the public sphere, atheists have employed a wide variety of strategies-some evangelical, some based on identity politics-to defend and assert themselves against their ideological opponents. These strategies include building and maintaining communities, despite the absence of the kinds of shared rituals, texts, and laws that help to sustain organized religions.Drawing on in-depth interviews with self-identified atheist, secularist, and humanist leaders and activists, as well as extensive observations and analysis of secular gatherings and media, Cimino and Smith illustrate how atheists organize and align themselves toward common goals, and how media-particularly web-based media-have proven invaluable in connecting atheists to one another and in creating a powerful virtual community. Cimino and Smith suggest that secularists rely not only on the Internet for community-building, but on their own new forms of ritual.This groundbreaking study will be essential reading for anyone seeking to understand the growing atheist movement in America. (shrink)

Chapter 1 serves as an introduction to the vast topic of laws of nature. Thus, it first outlines the alleged characteristics of the laws of nature, namely truth, objectivity, contingency, necessity, universality, grounding counterfactuals and their role in science. Among these aspects, the peculiar modal status of laws of nature will be identified as the ‘holy grail’ of the debate. The second part of this chapter is concerned with the three main families of theories of laws (...) of nature – neo-humean, ADT and dispositional theories – which are introduced and evaluated in regard to the aforementioned characteristics. It will then be argued that among those theories, the dispositional ones show the greatest promise of being able to account for the natural necessity of the laws of nature. -/- Before a dispositional account of laws of nature can be given, dispositions themselves need to be understood. Consequently, Chapter 2 introduces various analyses of dispositions. As dispositions are pre-theoretically close to conditionals, a lot of analyses try to reduce dispositions to conditionals. This chapter critically assesses some chosen accounts: the simple conditional analysis, Carnap’s reduction sentences, the simple counterfactual conditional analysis, Lewis’ reformed conditional analysis, Malzkorn’s sophisticated con- ditional analysis, Choi and Gundersen’s context-dependent analysis, Manley and Wasserman’s gradable dispostion ascriptions, and Fara’s habituals. The prevention problem, which poses a threat to any account of dispositions, is depicted. It is argued that, ultimately, none of the conditionalising attempts is able to convince since they all exclude the problem cases which leads to explanation gaps and outlaw areas. -/- Chapter 3 contains the synchronic part of my preferred solution to the prevention problem. The notion of ‘component causes’ is introduced, and the ontological status of components discussed. Millikan’s oil drop experiment is depicted en detail. In a first step, making a distinction between dispositions and the resulting behaviour is advocated. Via the symmetry argument, mani- festations and masks are shown to be ontologically on a par. In a second step, a triadic account consisting of dispositions, wirkungen and resultant behaviour, is established. Finally, the ontological interpretation of the trias is given. It is in the nature of the dispositions to bring about the wirkungen. These interact via combinations rules like the functions f and fa or vector addition, which are built-in into to dispositions. -/- The diachronic part of my favourite interpretation, the triadic process picture of dispositions (TPD), is presented in chapter 4. The dynamics of dispo- sition manifestation are discussed and it is argued that fiddling with the trigger works only up to a certain point. Diachronic masking cases turn out to be no- torious. An excursus to action theory shows that the ontology needs to include processes, as understanding disposition manifestations as processes solves the diachronic prevention problem. The (TPD) can account for all counterexamples by taking the stimulus as the beginning of the manifestation process. -/- Chapter 5 applies the (TPD) to the debate about laws of nature. In order to judge its adequacy, the characteristics of laws of nature given in chapter 1 are consulted. As a first step, the criteria truth, objectivity, universality, grounding counterfactuals and their role in science are covered. It is sketched how the (TPD) can account for these. The second part of the chapter deals with the modal status of the laws of nature. The dispositional essentialist’s view that laws of nature are metaphysical necessary is depicted and then criticised. It is argued that metaphysical necessity is not the appropriate modal status of the laws of nature. Finally, the (TPD) account of the necessity of the laws of nature is presented: laws of nature are naturally necessary and metaphysically contingent. (shrink)

This paper asks whether geographically localised, or ‘hyperlocal’, uses of Twitter succeed in creating peer-to-peer neighbourhood networks or simply act as broadcast media at a reduced scale. Literature drawn from the smart cities discourse and from a UK research project into hyperlocal media, respectively, take on these two opposing interpretations. Evidence gathered in the case study presented here is consistent with the latter, and on this basis we criticise the notion that hyperlocal social media can be seen as a community (...) in itself. We demonstrate this by creating a network map of Twitter followers of a popular hyperlocal blog in Brockley, southeast London. We describe various attributes of this network including its average degree and clustering coefficient to suggest that a small and highly connected cluster of visible local entities such as businesses form a clique at the centre of this network, with individual residents following these but not one another. We then plot the locations of these entities and demonstrate that sub-communities in the network are formed due to close geographical proximity between smaller sets of businesses. These observations are illustrated with qualitative evidence from interviews with users who suggest instead that rather than being connected to one another they benefit from what has been described as ‘neighbourhood storytelling’. Despite the limitations of working with Twitter data, we propose that this multi-modal approach offers a valuable way to investigate the experience of using social media as a communication tool in urban neighbourhoods. (shrink)

This is a response given at the book launch for Christopher Insole’s Kant and the Divine: From Contemplation to the Moral Law (Oxford: Oxford University Press, 2020), hosted jointly, in November 2020, by the Centre for Catholic Studies, Durham University, and the Australian Catholic University. The response focuses on the continuity and rupture that Insole claims to find between Kant’s early and late philosophy, and draws attention to an aesthetic sensibility across Kant’s thought: a Platonic and rationalist aesthetics which (...) focuses on the qualities of harmony, plenitude and perfection that Insole finds to be the ‘base notes’ of Kant’s thought. (shrink)

Ms. X is a person with cerebral palsy and schizophrenia. She has intractable bedsores that are a result of her immobility and to poor wound care related to her delusional thinking. Despite intensive community support, the wounds have worsened to the point that she has needed multiple hospitalizations to prevent systemic sepsis, a life‐threatening condition. She is capable of placement decisions and wishes for independence at home but is incapable of making wound care decisions and does not appreciate that immediately (...) returning home from the hospital, instead of going into a special care facility, would likely result in sepsis. The resulting dilemma about discharge planning highlights the complexity involved in weighing concerns around mental illness and capacity for treatment and placement of care. The extent of the care that is required and available in a community or health care system and the slow but relatively certain progression of the symptoms also make the decision challenging. Two commentaries take very different approaches in exploring the question whether Ms. X should be supported to go home or to a special care facility. (shrink)

At first glance, atheism seems simple to define. If atheism is the negation of theism, and if theism is the view that at least one god exists, then atheism is the negation of this view. However, the common definitions that follow from this insight suffer from two problems: first, they often leave undefined what “god” means, and, second, they understate the scope of the disagreement between theists and atheists, which often has as much to do with the (...) fundamental character of reality as with the existence of one being in it. Some writers address the second problem by reinterpreting atheism as the logical consequence of particular metaphysical views, such as naturalism or physicalism, which are then taken as the true meaning of atheism. These interpretations, though more satisfactory in some respects, can result in concepts of atheism that are unclear or too narrow, and they often still leave “god” undefined. In this paper, I propose that atheism be defined as the proposition that reality is solely an impersonal order. Theism is the proposition that reality is not solely an impersonal order, being either a personal order, that is, an order founded by at least one person, or an impersonal order plus at least one transcendent person. A god is a person who is not subject to the laws governing that order and thus transcends it. I explain these definitions and briefly discuss some of their implications. First I survey prior definitions of atheism to display the problems they raise. (shrink)

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)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree (...) of compliance and implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree (...) of compliance and implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it. (shrink)

This article introduces Humanism. It explains what those who organize under that heading mean by the term. It also addresses several common misunderstandings about what Humanism involves. In particular, Humanists need not sign up to utopianism, scientism, materialism, or naturalism. The chapter also corrects the misunderstanding that Humanism is defined wholly in terms of what it is against—that it is not really for anything. It is very much for a great deal. Other common criticisms of Humanism are addressed, such as (...) that it involves a commitment to relativism, and also that it overlooks the fact that religion is socially necessary and required to provide a moral compass and foundation. The paper concludes with some discussion of, and argument for, a humanist-friendly approach to moral education. (shrink)

Music reflects subjectivity and identity: that idea is now deeply ingrained in both musicology and popular media commentary. The study of music across cultures and practices often addresses the enactment of subjectivity "in" music - how music expresses or represents "an' individual or "a" group. However, a sense of selfhood is also formed and continually reformed through musical practices, not least performance. How does this take place? How might the work of practitioners reveal aspects of this process? In what sense (...) is subjectivity performed in and through musical practices? This book explores these questions in relation to a range of artistic research involving contemporary musical practices, drawing on perspectives from performance studies, phenomenology, embodied cognition, and theories of gendered and cultural identity. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render certain norms, (...) but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

Here's an overview of one of the more ingenious attempts to criticize religious belief. Antony Flew argues that if the religious won't allow anything to count as evidence against what they believe, then they don't actually believe anything. The religious aren't making false claims; rather, they're not making any claims at all.

Over recent years, lawyer misconduct and regulation of the profession have been topics of considerable interest. Yet, when the topic of legal ethics is raised, the focus tends to be on lawyer conduct external to the firm: lawyer conduct in court; lawyer conduct vis-a-vis client; or lawyer conduct vis-a-vis opposing counsel or the judiciary. The recent National Attrition and Re-engagement Study, however, raises a different aspect of legal professional ethics. This Report found a widespread incidence of bullying, intimidation, discrimination and (...) harassment within law firms, primarily affecting though not confined to, female lawyers. Of course, bullying and associated behaviours are not confined to the legal profession. But these behaviours are at odds with a profession that purports to be deeply concerned with the ethical conduct of its members. Arguing that ‘ethics begins at home’, this paper suggests NARS raises uncomfortable questions about legal professional ethics: if law firms cannot treat their own staff members ethically, what does that say about the firm’s approach to ethical conduct more generally? And if this culture is as widespread as the report suggests, what does this say about the ethics of the legal profession as a whole? (shrink)

As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting the (...) kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles. (shrink)

What can theology offer to philosophical discussions of autonomy? In this distinctive collection of essays, Insole and DeSpain lead a cadre of academics from across the world in answering this question. In doing so, they challenge the narrow conception of 'liberalism' that has characterised much of the discussion around relational autonomy. The contributions analyse modern and concrete examples relating to autonomy. These scenarios include essays on trauma, transgender issues, disability and end-of-life debates. Additionally, they explore broader political issues that relate (...) to autonomy such as democracy, the economy and migration. (shrink)

Stephen Law explores how humanism uses science and reason to make sense of the world, looking at how it encourages individual moral responsibility and shows ...

There is copious scientific and technical literature analysing the issues of the environmental threat to orbital space. There is also now increasing legal awareness of the problems facing the space environment. These inquiries almost always focus on solutions based on processes, technology or providing sufficient alarm to jolt the international community into action. This discussion will adopt a different focus, providing an overview of the value system that is currently in place regarding human space activity and examining how this value (...) system has shaped normative ethical positions on space exploration. The inquiry will consider whether the values of space exploration have been sufficiently concerned with the environmental impact of such activity and whether it is possible to generate the consensus needed to embed an ethical approach to space exploration. It is contended that only through embedding a concern for the environment at the core of human space activity will there be an enduring solution to the crisis posed by debris in Earth orbit. By promoting conservative consumption of outer space resources, such an embedded concern would become a natural process in space activity rather than a chastisement or limit progress. More crucially, such an overarching ethical position would ensure that the problems which have affected Earth orbit will not be exported when human space exploration leads to settlement on other celestial bodies. The inquiry will start by examining the evolving nature of space activity, looking at the predominantly military backdrop to the early years of exploration. During these early years, the challenge of simply getting into space overrode any environmental consideration. More significantly, there was not the diversity of entities looking to go into orbit meaning that the amount of debris was limited, thereby softening concern. Space activity during this time was largely limited to two superpowers, Russia and America. Inevitably, this geopolitical situation shaped the law that was to govern space activity, and this is the law which has shaped normative behaviour in space. Indeed, had space remained the purview of States, environmental damage may have been significantly reduced, making it easier to regulate. This development is crucial to understanding the way in which shared human values have evolved, but is only part of the picture. Following this, the different generations of space travellers will be studied allowing for an evaluation of how their competing interests and backgrounds have shaped the value systems underpinning the exploration of space. The discussion will then go on to review the emerging body of literature discussing ethical approaches to space and establish the extent to which ethical values have shifted to match the diversity of actors in the space environment. There will then be a critique of how the change in the global space environment has necessitated a change in environmental governance, and whether this has actually occurred. Finally, the discussion will conclude with suggestions as to the way in which legal devices can be used to shape behaviours and begin the process of embedding a much-needed environmental ethic into space activity. (shrink)

This paper argues that the demands of respect for autonomy in the context of biobanking are fewer and more limited than is often supposed. It discusses the difficulties of agreeing a concept of autonomy from which duties can easily be derived, and suggests an alternative way to determine what respect for autonomy in a biobanking context requires. These requirements, it argues, are limited to provision of adequate information and non-coercion. While neither of these is in itself negligible, this is a (...) smaller set of demands than is often suggested. In particular, it is argued here that securing ‘one time consent’ is consistent with respect for autonomy. Finally, the paper notes that while the demands of respect for autonomy may be less than some suppose, respecting autonomy is not the only way in which biobanks and their users may have moral duties to donors. (shrink)

Assume that, even with a time machine, Tim does not have the ability to travel to the past and kill Grandfather. Why would that be? And what are the implications for traditional debates about freedom? We argue that there are at least two satisfactory explanations for why Tim cannot kill Grandfather. First, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would require _F_ to have not (...) obtained. Second, if an agent’s behavior at time _t_ is causally dependent on fact _F_, then the agent cannot perform an action (at _t_) that would prevent _F_ from obtaining. These two explanations have distinct upshots for more traditional debates over freedom. The first implies that causal determinism is incompatible with the ability to do otherwise and also raises questions about the traditional arguments for the incompatibility of divine foreknowledge and the ability to do otherwise; the second does neither. However, both explanations imply that the Molinist account of divine providence renders agents unable to do otherwise, at least in certain circumstances. (shrink)

He notes that parallel to this phenomenon have been developments in the common law of malpractice that give patients a better chance than ever of winning compensation. While these developments benefit patients, Dr. Chapman describes how they have also pointed out a major flaw in malpractice law: the enormous amounts of time and money it takes to bring such cases to court. To overcome these difficulties, Dr. Chapman maintains, the medical profession needs to reconsider the basic concepts on which its (...) ethics rest. No less important is a revision of malpractice law so that it finally begins to serve, fairly and equitably, the purposes for which it originally came into being. Literate, thoughtful, and thought-provoking, Physicians, Law, and Ethics is an important contribution to today's medical care debate. (shrink)

As a Catholic nun, to suggest Jacqueline Pascal as autonomous might at first glance seem contradictory. We show that her moral deference to the divine is not at all forfeiting her autonomy, but that aligning her own law with God's law is to align her own law with rationality itself, that is, the laws of nature. Her theoretical structure begins with a theory of virtue—viz., how and to whom we have an obligation to be moral. For her, acting in (...) accordance with cultural restrictions or following church orders against her own conscience would be living by the laws of another and so not acting autonomously. Pascal would not live by other's laws, regardless of whether her actions conform to the categories by which society expected her to act. The framework for her laws laid in Pascal's understanding of self-governance: if she wants to act virtuously then she must autonomously follow God's law by making it her own through the sentiments of her heart. Thus, she cannot live by the laws of men, but by the laws of her human nature and in alignment with a rightly ordered universe, that is, God's law, which we show parallels with a Stoic framework of autonomy. (shrink)

In this paper I challenge both the contemporary secular view that religious faith is not a virtue, and also the contemporary theistic view that religious faith is a virtue that is unavailable to nonbelievers. Although these views appear reasonable from the respective sides when faith is interpreted as belief, if faith is understood to be the entrusting of one’s ultimate concerns to whatever powers are in control (as I suggest), then such faith, with its accompanying ‘freedom from bondage’ (Spinoza), not (...) only appears to be a virtue in itself, but it also appears to be one that can be achieved by nonbelievers as well as by theists.This is not to claim, however, that theists should hold the nonbeliever’s faith to be as viable as their own (or vice versa); rather, it is to claim that there is no more reason for theists to hold that nonbelievers must be without faith than there is for them to hold that nonbelievers must be without hope or love.Still, of course, it may be that God does exist and that the belief that he exists is part of the formula for the realization of some ultimate religious concern, such as eternal life. (For example, it could have been that there was a person conducting a rescue mission for the mountain climbers, but who refused to bring those who did not believe so to final safety, even though they has boarded the platform.) So, if God does exist and if the formula for eternal life, for example, does include the requirement that creatures believe that he exists, then atheists and agnostics will certainly have erred by not embracing theism. But their error then (assuming their doubts not to be the products of such vices as pride or dishonesty) will have been an error in calculative judgment, rather than a failure in virtue: they will have erred by not having engaged a hypnotist—at least in last resort— to equip them with a precautionary theism. (shrink)

As Christians, we affirm that Scripture is our supreme guide to truth and righteousness. Some wish to go further and assert that it is our only guide. But how then can we account for the remarkable insight and moral integrity that many unbelievers seem to display? Indeed, how to account for the myriad ways in which believers themselves navigate the world based on knowledge and intuition not always derived from Scripture? Enter the doctrine of natural law. Frequently misrepresented as an (...) assertion of the autonomous power of human reason or as a uniquely Roman Catholic doctrine, natural law has actually been an integral part of orthodox Christian theology since the beginning, and is even clearly asserted in Scripture itself. In this brief guide, David Haines and Andrew Fulford explain the philosophical foundations of natural law, clear up common misunderstandings about the term, and demonstrate the robust biblical basis for natural law reasoning. (shrink)

I suggest that in Kant’s conception of autonomy, we have a faithful variant of a perennial philosophical conception of divinity, distinctively re-configured by Kant’s own preoccupations and system, but still recognisably oriented around some philosophical conceptions of the divine, which have their origins in deep classical wells, with dreams and memories of thought-thinking-itself, and joyously diffusing itself, generating plenitude and harmony. If this is correct, then we might find that the most interesting dialogue in the realm of ‘public theology’ is (...) not necessarily between Christianity and secularism, but between Christianity and a latent pagan religious philosophy, that draws upon a perennial strand of Platonism in Western philosophy. (shrink)

Informal science learning sites create opportunities for children to learn about science outside of the classroom. This study analyzed children’s learning behaviors in ISLS using video recordings of family visits to a zoo, children’s museum, or aquarium. Furthermore, parent behaviors, features of the exhibits and the presence of an educator were also examined in relation to children’s behaviors. Participants included 63 children and 44 parents in 31 family groups. Results showed that parents’ science questions and explanations were positively related to (...) children observing the exhibit. Parents’ science explanations were also negatively related to children’s science explanations. Furthermore, children were more likely to provide science explanations when the exhibit was not interactive. Lastly there were no differences in children’s behaviors based on whether an educator was present at the exhibit. This study provides further evidence that children’s interactions with others and their environment are important for children’s learning behaviors. (shrink)

This chapter contains sections titled: The Logical Problem of Evil The Evidential Problem of Evil The Evil God Hypothesis and the Problem of Good Reverse Theodicies Notes.

I remain entirely unconvinced that anyone who claims to “just know” that the dead walk among us, or that God exists, knows any such thing. Not only do I think the rest of us have good grounds for doubting their experience, I don’t believe it’s reasonable for them to take their own experience at face value either.

God was dead to Kevin Vost for most of his adult life. Baptized, confirmed, and raised Catholic, at age 17 Vost left it all behind as he immersed himself in atheism for a period that lasted over two decades. Paralleling a successful career as a psychologist and professor, Vost allowed his clinical perspective to drive his faith perspective as well, falling into a common trap for many Catholics. This timely book's unique approach gives credit where credit is due, (...) as Vost describes the good elements in the thinking of several famous atheists. But then, from experience and logic, he shows how each of these thinkers falls short. From there, Vost opens the doors to the philosophers and psychologists whose work, implicitly or explicitly, has paved the way toward belief in God, and even in Jesus Christ. And finally, from the perspective of a clinical psychologist, Vost unveils how theologians, popes, and Catholic philosophers persuaded him to abandon this atheism and embrace faith in Christ and the Church. Each chapter ends with a "Truth Box" that spotlights a chink in atheism's armor, adds a cautionary perspective, or highlights an important argument foundational to faith. With patience and perspective, Vost will lead you on a journey that reveals how reason, science, and faith work together to find the truth. (shrink)

Resumo O fundamentalismo é um fenômeno relativamente recente, pelo menos como posição articulada e autoconsciente. O presente artigo apresenta, de início, uma reflexão sobre o surgimento do termo fundamentalismo, em breve resgate histórico. A seguir, identifica e analisa as características principais dessa atitude, tanto na sua configuração psicológica (subjetivismo fechado), como na sua teoria epistemológica implícita (fideísmo radical, fé ou submissão a uma autoridade religiosa como fonte exclusiva ou predominante de certeza epistemológica), na sua hermenêutica (liberalismo na interpretação de escrituras) (...) e na sua maneira de priorizar um ativismo radical, na perspectiva pragmática (tendência a medidas radicais, à militância e até ao terrorismo no prosseguimento efetivo dos seus fins). Aplicando essa análise, mostra que os debates atuais entre cristãos e "neoateus" parecem frequentemente fundamentalistas, mas não apenas do lado religioso da disputa. Talvez o nome de fundamentalista possa ser reivindicado por alguns que ficariam bem surpresos pela nova titulação. A última parte do artigo discute a religião "usada" e "abusada". Palavras-chave: Ateísmo; Fundamentalismo; Filosofia da religião.Fundamentalism is a relatively recent phenomenon, at least as an articulated and self-conscious position. The present article begins by reflecting on the origin of the term fundamentalism in a brief historical review. Then the principal characteristics of this attitude are identified and analyzed, both in its psychological configuration (a closed subjectivity), as well as in its implicit epistemological theory (radical fideism, faith or submission to a religiou authority as exclusive or predominant source of epistemological certitude), its hermeneutics (literalism in the interpretation of scriptures) and its manner of prioritizing radical activisim in its pragmatic perspective (tendency to radical means, to militancy and even terrorism in the effective persecution of its ends). Applying this analysis, current debates between Christians and "neo-atheists" appear frequently fundamentalist, but not only on the religious side of the dispute. Perhaps the name fundamentalist can be claimed even by some who would be quite surprised by the new christening. The last part of the article discusses "used" and "abused" religion. Key words : Atheism; fundamentalism; philosophy of religion. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

In John Schellenberg’s important trilogy he offers us reasons, individually and cumulatively impressive, for adopting a sceptical attitude towards religious claims, both positive and negative. Part of Schellenberg’s argument consists in reminding us of the necessity of not overestimating our present state of intellectual development. In this paper, while allowing the force of the overestimation points, I consider the very real strength of the arguments he develops for atheism, and suggest that they outweigh his sceptical arguments in favour of (...) non-commitment.Whenever I hear that a writer of real ability has demonstrated away the... existence of God, I am eager to read the book, for I expect him by his talents to increase my insight into these matters. Already, before having opened it, I am perfectly certain that he has not justified... his specific [claim] because... as reason is incompetent to arrive at affirmative assertions in this field, it is equally unable, indeed even less able, to establish any negative conclusion in regard to these questions. (shrink)