This article examines the declaratory theory of law and defends it from the most prominent modern attack on it. It explains that the real declaratory theory is not the caricature of it criticized in modern writing and that, in fact, the theory properly understood is remarkably close to the position adopted by some of the theory’s most notable opponents. The article further examines the common law’s continuing commitment to the declaratory theory, a (...) commitment that remains strong despite the considerable hostility of the academy. It explains that this commitment reflects the nature of the common law. (shrink)

Although the declaratory theory is arguably a central feature of common law adjudication, it is widely disparaged: either the law never changes, which is implausible, or it is changed retrospectively, which is unfair and contrary to the rule of law. These common objections are rooted in misconceptions about the nature of law. When we distinguish more clearly between the sources of law, whether in statute or precedent, and the corpus juris, shaped by general principles of justice, the (...) class='Hi'>declaratory theory is vindicated. Structured by familiar precedents and principles, the common law offers a framework within which the rule of law is sustained by moral reflection and argument. There is a close analogy with Rawlsian reflective equilibrium. It is only in virtue of an inquiry into justice, guided but not irrevocably bound by past practice, that there is any law to be declared. Legal judgment is precisely a determination of the requirements of justice as they apply in all the circumstances. (shrink)

Although the declaratory theory is arguably a central feature of common law adjudication, it is widely disparaged: either the law never changes, which is implausible, or it is changed retrospectively, which is unfair and contrary to the rule of law. These common objections are rooted in misconceptions about the nature of law. When we distinguish more clearly between the sources of law, whether in statute or precedent, and the corpus juris, shaped by general principles of justice, the (...) class='Hi'>declaratory theory is vindicated. Structured by familiar precedents and principles, the common law offers a framework within which the rule of law is sustained by moral reflection and argument. There is a close analogy with Rawlsian reflective equilibrium. It is only in virtue of an inquiry into justice, guided but not irrevocably bound by past practice, that there is any law to be declared. Legal judgment is precisely a determination of the requirements of justice as they apply in all the circumstances. (shrink)

Theories of Legal Relations is an astute examination of existing legal systems that explores the notion of legal relationships and frameworks, using various analytical approaches to legal theory including subjectivist, objectivist, psychological and empirical. Emmanuel Jeuland defends the logical anteriority of relationships in law and their universality (e.g. in the new Chinese Civil Code), addressing new issues such as the possibility of legal relationships with natural and artificial entities. He delves into the consequences of these potential relationships in terms (...) of theory of law, legal reasoning and theory of justice. Chapters discuss legal relationships within legal systems globally, including the intention to create a legal relationship in the UK, declaratory judgments in the US, relationship of courtesy in Germany, and the commercial relationship in France. Providing a well-rounded analytical investigation into legal relations involving relational autonomy, this timely book will be an ideal read for both legal and interdisciplinary scholars interested in legal philosophy, society and culture. Other academics concerned with relationships with natural or artificial entities will also find this book to be a stimulating read. (shrink)

Legal formalism is the foil for many theories of law. Yet formalism remains controversial, meaning that its critics focus on claims that are not central. This paper sets out a view of formalism using a methodology that embraces one of formalism’s most distinct claims, that formalism is a scientific theory of law. This naturalistic view of formalism helps to distinguish two distinct types of formalism, “doctrinal formalism,” the view that judicial behaviour can be represented using rules, and “rule formalism,” (...) the view that judges follow external rules when they are deciding cases. Doctrinal formalism, understood in naturalistic terms, overcomes many of the criticisms that have been levelled at formalism and can also be used to rehabilitate the currently out‐of‐favour “declaratory theory of law.” Doctrinal formalism is also a longstanding view of law, reflecting both what the original formalists thought of law, and what many present‐day doctrinal lawyers seem to believe. The naturalistic methodology is used to show that the main dispute between doctrinal formalism and American legal realism can be explained by a difference of assumptions concerning whether the values of judges are relative to society, or relative to other judges. (shrink)

520 "Allan Beever lays the foundation for a timely philosophical and empirical study of the nature of law with a detailed examination of the structure of evolving law through declaratory speech acts. This engaging book demonstrates both how law itself is achieved and also its ability to generate rights, duties, obligations, permissions and powers. Structured into three distinct parts - the philosophy of law and jurisprudence, the structure of the social word and the ontology of law, and the reconstruction (...) of the philosophy of law - the author provides insight into law as a human institution and reveals that central debates are often based on misunderstandings of interpretation and intentionality. Inspired by the philosophy of John Searle alongside other well-respected legal theorists, the author also analyses both sides of the mainstream jurisprudential divide in its current state, in particular the theory of legal positivism. Examining all aspects of law and answering the important question of 'What is Law?', this book will be an invaluable resource for academics and advanced students in law schools and philosophy departments. (shrink)

Recognition plays a central role in international affairs and in moral and political theory. Hegel noted the connections between these two contexts, and this article explores Hegel's approach with reference to the work of two political philosophers (Honneth and Rawls) and debates in international law. The conclusion is that while recognition has a constitutive role in international affairs, it has a different role in moral and political theory: morality is the evaluative recognition of the significance of individual autonomy.

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

This paper aims to pay tribute to Figal’s comprehensive and innovative analysis of the artwork and beauty, while challenging both his realist position on the immediacy of meaning and his monist stance that reduces sublimity to beauty. To enquire into the origin of aesthetic feelings and sense, and thus, to break the hermeneutic circle, we first trace the origin of this reduction to the reception of Burke’s concept of the sublime by Mendelssohn and Kant. We then recur to Husserl and (...) Dufrenne to trace the origin of the sense of the feeling of sublimity in the realm of affectivity or sensuousness. This genesis takes place in passive experience, where we identify an excess of sensuous sense over categorial meaning that is constitutive of the affective sense that our bodily sensations give to hyletic material. It is argued that this sensuous excess evokes a sublime experience in the phenomenological sense, involving an affective and disruptive bodily experience and an endless process of sense formation. Affective or sensuous sense is thus an event that irreversibly affects the bodily surface. To elucidate this phenomenon, we draw on the theoretical framework of Breton and Bataille, positing it as a form-transgressive ‘convulsive’ sublime, which we then illustrate in the architectural works of Tschumi and Eisenman. In short, we have retrieved the origin of aesthetic experience and redefined the feeling of the sublime as a phenomenological ‘convulsive’ sublimity. (shrink)

Theories of Information, Communication and Knowledge.

Whether any non-human animal can attribute mental states to others remains the subject of extensive debate. This despite the fact that several species have behaved as if they have a ‘theory of mind’ in various behavioral tasks. In this paper, we review the reasons of skeptics for their doubts: That existing experimental setups cannot distinguish between ‘mind readers’ and ‘behavior readers’, that results that seem to indicate ‘theory of mind’ may come from studies that are insufficiently controlled, and (...) that our own intuitive biases may lead us to interpret behavior more ‘cognitively’ than is necessary. The merits of each claim and suggested solution are weighed. The conclusion is that while it is true that existing setups cannot conclusively demonstrate ‘theory of mind’ in non-human animals, focusing on this fact is unlikely to be productive. Instead, the more interesting question is how sophisticated their social reasoning can be, whether it is about ‘unobservable inner experiences’ or not. Therefore, it is important to address concerns about the setup and interpretation of specific experiments. To alleviate the impact of intuitive biases, various strategies have been proposed in the literature. These include a deeper understanding of associative learning, a better knowledge of the limited ‘theory of mind’ humans actually use, and thinking of animal cognition in an embodied, embedded way; that is, being aware that constraints outside of the brain, and outside of the body, may naturally predispose individuals to produce behavior that looks smart without requiring complex cognition. To enable this kind of thinking, a powerful methodological tool is advocated: Computational modeling, namely agent-based modeling and, particularly, cognitive modeling. By explicitly simulating the rules and representations that underlie animal performance on specific tasks, it becomes much easier to look past one’s own biases and to see what cognitive processes might actually be occurring. (shrink)

The theory of mind (ToM) deficit associated with autism spectrum disorder has been a central topic in the debate about the modularity of the mind. In a series of papers, Philip Gerrans and Valerie Stone argue that positing a ToM module does not best explain the deficits exhibited by individuals with autism (Gerrans 2002; Stone & Gerrans 2006a, 2006b; Gerrans & Stone 2008). In this paper, I first criticize Gerrans and Stone’s (2008) account. Second, I discuss various studies of (...) individuals with autism and argue that they are best explained by positing a higher-level, domain-specific ToM module. (shrink)

Modernity theory approaches modern experience as it incorporates a sense of itself as 'modern' (modernity), along with the possibilities and limitations of representing this in the arts and culture generally (modernism). The book interrogates modernity in the name of a fluid, unsettled, unsettling modernism. As the offspring of the Enlightenment and the Age of Sensibility, modernity is framed here through a cultural aesthetics that highlights not just an instrumental, exploitative approach to the world but the distinctive configuration of embodiment, (...) feeling, and imagination, that we refer to as 'civilization', in turn both explored and subverted through modernist experimentalism and reflexive thinking in culture and the arts. This discloses the rationalizing pretensions that underlie the modern project and have resulted in the sensationalist, melodramatic conflicts of good and evil that traverse our contemporary world of politics and popular culture alike. This innovative approach permits modernity theory to link otherwise fragmented insights of separate humanities disciplines, aspects of sociology, and cultural studies, by identifying and contributing to a central strand of modern thought running from Kant through Benjamin to the present. One aspect of modernity theory that results is that it cannot escape the paradoxes inherent in reflexive involvement in its own history. (shrink)

An application of Young's Habermasian critical theory of education to classroom communication problems of teachers in schools, with a special focus on the question/answer cycle and its educational role. The book uses classroom transcripts extensively in the analysis.

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

This paper presents a blueprint for an ecological cognitive architecture. Ecological psychology, I contend, must be complemented with a story about the role of the CNS in perception, action, and cognition. To arrive at such a story while staying true to the tenets of ecological psychology, it will be necessary to flesh out the central metaphor according to which the animal perceives its environment by ‘resonating’ to information in energy patterns: what is needed is a theory of resonance. I (...) offer here the two main elements of such a theory: a framework and a methodology. (shrink)

After delimiting the topic by reflecting on the heuristic function of the concept of “theory” in “Delimiting the Topic” section, the paper considers the literary aspects of karman-theory in the Mahābhārata in “Literary Characteristics” section. “Axioms, Theorems, Domains” section then lists the elements or axioms that fall under the umbrella term “karman-theory.” Next, dealing with contexts and collocations, “Contexts, Collocations” section combines the consideration of literary and theoretical aspects of the matter. “Historical Perspective” section then argues for (...) the inclusion of a historical perspective in the study of karman-theory. The “Conclusion”, section, formulates provisional results and poses further questions. (shrink)

The correspondence theory of truth is a precise and innovative account of how the truth of a proposition depends upon that proposition's connection to a piece of reality. Joshua Rasmussen refines and defends the correspondence theory of truth, proposing new accounts of facts, propositions, and the correspondence between them. With these theories in hand, he then offers original solutions to the toughest objections facing correspondence theorists. Addressing the Problem of Funny Facts, Liar Paradoxes, and traditional epistemological questions concerning (...) how our minds can access reality, he challenges recent objections, and defends what has traditionally been the most popular theory of truth. Written with clarity, precision, and sensitivity to a range of philosophical backgrounds, his book will appeal to advanced students and scholars seeking a deeper understanding of the relationship between truth and reality. (shrink)

Critical Theory and Animal Liberation is the first collection to look at the human relationship with animals from the critical or 'left' tradition in political and social thought. The contributions in this volume highlight connections between our everyday treatment of animals and other forms of oppression, violence, and domination. Breaking with past treatments that have framed the problem as one of 'animal rights,' the authors instead depict the exploitation and killing of other animals as a political question of the (...) first order. (shrink)

The paper contains proof-theoretic investigation on extensions of Kripke-Platek set theory, KP, which accommodate first-order reflection. Ordinal analyses for such theories are obtained by devising cut elimination procedures for infinitary calculi of ramified set theory with Пn reflection rules. This leads to consistency proofs for the theories KP+Пn reflection using a small amount of arithmetic and the well-foundedness of a certain ordinal system with respect to primitive decending sequences. Regarding future work, we intend to avail ourselves of these (...) new cut elimination techniques to attain an ordinal analysis of П12 comprehension by approaching П12 comprehension through transfinite levels of reflection. (shrink)

Many theories require empirical patches or ad hoc assumptions to work properly in application to chemistry. Some examples include the Bohr quantum theory of atomic spectra, the Pauli exclusion principle, the Marcus theory of the rate-equilibrium correlation, Kekule’s hypothesis of bond oscillation in benzene, and the quantum calculation of reaction pathways. Often the proposed refinements do not grow out of the original theory but are devised and added ad hoc. This brings into question the goal of constructing (...) theories derived from first principles and the concept of ranking the merit of theories according to their freedom from empirical contamination. (shrink)

La critique littéraire est-elle vouée par nature et fonction à rester un « discours second » entièrement subordonné à un texte premier qui peut seul prétendre à la dignité d’un discours créateur? L’interprète peut-il se départir de toute déférence à l’égard des décisions de l’auteur pour les regarder comme des choix parmi d’autres, de fragiles options ou des arrêts toujours révisables? Peut-on concevoir une forme de critique authentiquement créatrice qui s’émanciperait du respect attaché à la lettre du texte pour entrer (...) dans l’élan dont l’œuvre est le produit, en tentant par exemple de lui offrir quelque supplément, voire en l’imaginant tout à fait autrement? Les auteurs critiques ici réunis s’accordent à donner priorité au possible sur le réel, en traquant dans les œuvres déjà faites la trace de scénarios abandonnés ou de livres qui restent à écrire. Renouant parfois avec des convictions très anciennes – celles de la tradition rhétorique ou de la philologie – ils jettent les bases d’une théorie des textes possibles qui invite à aimer dans les grands textes littéraires non seulement le passé dont ils viennent mais aussi le futur qu’ils recèlent en puissance. (shrink)

Die in diesem Band versammelten Essays erörtern die Frage nach der Möglichkeit des Verstehens menschlichen Handelns ohne den Rückbezug auf moralische Werte und Normen. Obwohl die Autoren sich dieser Frage auf ganz unterschiedliche, manchmal divergierende, Weisen nähern, verbindet sie alle die Annahme, es sei nicht wünschenswert oder sogar inkohärent, das menschliche Handeln grundsätzlich unabhängig von moralischen Werten zu betrachten. Die Herausgeber haben sich um eine für Philosophen und Gesellschaftswissenschaftler gleichermaßen attraktive Beitragssammlung bemüht. Die Verknüpfung philosophischer und soziologischer Perspektiven könnte zur (...) Klärung gegenseitiger Missverständnisse beitragen, die aufgrund eines mangelhaften Dialogs zwischen der philosophischen und soziologischen Handlungstheorie erwachsen sind. In diesem Band enthalten sind Essays von Terry Pinkard, Sebastian Rödl, Dieter Schönecker, Ana Marta González, John Levi Martin, Alejandro N. García Martínez, Sophie Djigo, Teresa Enríquez und Evgenia Mylonaki. The essays in this volume address the question of whether we can understand human action without reference to moral norms or values. Although the authors approach this question in different and sometimes even incompatible ways, they are united in thinking that it is undesirable or even incoherent to treat human agency as if it were conceptually independent of value questions. The editors have attempted to invite contributions that would be interesting to both philosophers and social theorists. The conjunction of philosophic and sociological perspectives might help to overcome some of the mutual misunderstandings that have been fostered by a lack of dialogue between the philosophic and sociological action theory. The volume includes essays by Terry Pinkard, Sebastian Rödl, Dieter Schönecker, Ana Marta González, John Levi Martin, Alejandro N. García Martínez, Sophie Djigo, Teresa Enríquez, and Evgenia Mylonaki. (shrink)

Great critical theorists from Marx and Engels to Adorno and Horkheimer not only came from the margins but also stayed faithful to the plight of the marginalized. They refused to compromise about the struggle for equality and tried to universalize its emancipatory essence. From Marx to Benjamin, critical philosophers who showed fidelity to the cause were denied a career in European universities and made impoverished, stateless, and homeless. Marginalization and critical theory are inseparable; yet, today, Marxism is institutionalized, and (...) the Frankfurt School's Critical Theory is gentrified. Critical Theory from the Margins, however, revives the Critical Theory that endorses criticism, aiming to negate dominant regimes of truth. It is unapologetic in its fidelity to the universalist struggles of the minoritized. In that spirit, Saladdin Ahmed shows that capitalism imposes a totalitarian social mode of existence and neoliberalism perpetuates fascism as a class of ideology across nationalist and religious movements. This book, then, is both a theorization and an argument in favor of the application of the episteme of the silenced as the essence of the critical education necessary for achieving universal emancipation. (shrink)

Theories of Truth provides a clear, critical introduction to one of the most difficult areas of philosophy. It surveys all of the major philosophical theories of truth, presenting the crux of the issues involved at a level accessible to nonexperts yet in a manner sufficiently detailed and original to be of value to professional scholars. Kirkham's systematic treatment and meticulous explanations of terminology ensure that readers will come away from this book with a comprehensive general understanding of one of philosophy's (...) thorniest set of topics. -/- Included are discussions of the correspondence, coherence, pragmatic, semantic, performative, redundancy, appraisal, and truth-as-justification theories. There are also chapters or sections of chapters on the liar paradox, three-valued logic, Field's critique of Tarski, Davidson's program, Dummett's theory of linguistic competence, satisfaction, recursion, the extension/intension distinction, and an explanation of how theories of justification, properly understood, differ from theories of truth. -/- A persistent theme is that philosophers have too often failed to recognize that not all theories of truth are intended to answer the same question. When the various questions are made distinct, it is apparent that many of the "debates" in this field are really cases of philosophers talking past one another. There is much less disagreement within the field than has commonly been thought. (shrink)

In a Guest Lecture delivered by Professor Thaddeus Metz at a Colloquium organized in honour of my 50th birthday, he critically interrogated various aspects of my African philosophical scholarship with a particular focus on what I consider as the task of an African philosopher in the twenty-first century. Drawing on the existential and social problems in contemporary Africa, I have argued that African philosophy should be tailored towards ameliorating these problems as a way of making life meaningful. Metz’s striking criticism (...) is that doing philosophy that does not necessary address existential and socio-political problems in Africa is worth taking seriously in African philosophy. He adds that the very idea of “meaningfulness constitutes a strong, competing reason,” to do philosophy for its own sake. In this article, I reply Metz, contending that his critique only differs in degree from the position I earlier defended but not in kind regarding the connection between theory and praxis. While we both agree on the imperativeness of theorizing in African philosophy, I argue further that African philosophy should go beyond this to solve the practical issues relevant to the advancement of humanity and the society. Keywords: African Philosophy, theory, Praxis, Thaddeus Metz. (shrink)

The theory of mind (ToM) deficit associated with autism has been a central topic in the debate about the modularity of the mind. Most involved in the debate about the explanation of the ToM deficit have failed to notice that autism’s status as a spectrum disorder has implications about which explanation is more plausible. In this paper, I argue that the shift from viewing autism as a unified syndrome to a spectrum disorder increases the plausibility of the explanation of (...) the ToM deficit that appeals to a domain-specific, higher-level ToM module. First, I discuss what it means to consider autism as a spectrum rather than as a unified disorder. Second, I argue for the plausibility of the modular explanation on the basis that autism is better considered as a spectrum disorder. Third, I respond to a potential challenge to my account from Philip Gerrans and Valerie Stone’s recent work (Gerrans, Biol Philos 17:305–321, 2002; Stone and Gerrans, Trends Cogn Sci 10:3–4, 2006a; Soc Neurosci 1:309–319, 2006b; Gerrans and Stone, Br J Philos Sci 59:121–141, 2008). (shrink)

Mereological theories are theories based on a binary predicate ‘being a part of’. It is believed that such a predicate must at least define a partial ordering. A mereological theory can be obtained by adding on top of the basic axioms of partial orderings some of the other axioms posited based on pertinent philosophical insights. Though mereological theories have aroused quite a few philosophers’ interest recently, not much has been said about their meta-logical properties. In this paper, I will (...) look into whether those theories are decidable or not. Besides, since theories of Boolean algebras are in some sense upper bounds of mereological theories which can be found in the literature, I shall also make some observations about the possibility of getting mereological theories beyond Boolean algebras. (shrink)

Antoine C. Dussault Cet article renforce l’objection des dysfonctions bénignes soulevée par Jerome Wakefield contre la théorie biostatistique de Christopher Boorse, en en présentant une version qui prend acte d’une critique importante de l’analyse conceptuelle comme visée pour une théorie de la santé et de la pathologie. Cette objection prend pour cible la considération, par la théorie de Boorse, que la dysfonction de la partie d’un organisme est suffisante pour la pathologie de cet organisme. Situant sa critique dans le cadre (...) méthodologique de l’analyse conceptuelle, Wakefield soutient que cet aspect de la théorie de Boorse pose problème au regard des dysfonctions qui, parce qu’elles sont bénignes, ne sont pas considérées comme pathologiques par la médecine. Je présente une version de l’objection des dysfonctions bénignes intégrant les apports méthodologiques de l’explication philosophique telle que caractérisée par Peter Schwartz. Je fais valoir que sa considération des dysfonctions bénignes comme pathologiques fait échouer la théorie de Boorse à rendre compte de la portée pratique qu’ont les concepts de santé et de pathologie dans la médecine occidentale. (shrink)

René Girard's mimetic theory has been object of much interest in the last few years, both in the 'Continental' and in the 'English-speaking' philosophical areas. Nevertheless, Girard's thought is not always accepted in the academic circles. The main cause for this is that his theory is considered too 'philosophical' in the Human Sciences Departments, and it seems too close to cultural anthropology and literary criticism to be appreciated by philosophers. This is the reason why it could be fruitful (...) to focus the attention on the philosophical aspects of René Girard's thought. I clarify what is meant exactly by 'philosophy' within the mimetic theory of René Girard and I define the borders of the problem of the 'death of philosophy,' as it appears from Girard's work. Then, I focus on philosophical hermeneutics and its relationship with the mimetic theory. Finally, I try to answer a central question: is it still possible to speak of 'philosophy' within the Girardian universe? (shrink)