"E. B. Pashukanis was the most significant contemporary to develop a fresh, new Marxist perspective in post-revolutionary Russia. In 1924 he wrote what is probably his most influential work, The General Theory of Law and Marxism. In the second edition, 1926, he stated that this work was not to be seen as a final product but more for ""self-clarification"" in hopes of adding ""stimulus and material for further discussion."" A third edition was printed in 1927. Pashukanis's ""commodity-exchange"" (...) class='Hi'>theory of law spearheaded a perspective that traced the form of law, not to class interests, but to capital logic itself. Until his death, he continued to argue for the ideal of the withering away of the state, law, and the juridic subject. He eventually arrived at a position contrary to Stalin's who, at that time, was attempting to consolidate and strengthen the state apparatus under the name of the dictatorship of the proletariat. Inevitably, Pashukanis was branded an enemy of the revolution in January 1937. His works were subsequently removed from soviet libraries. In 1954, Pashukanis was ""rehabilitated"" by the Soviets and restored to an acceptable position in the historical development of marxist law. In Europe and North America, a number of legal theorists only rediscovered Pashukanis's work in the late 1970s. They subjected it to careful critical analysis, and realized that he offered an alternative to the traditional Marxist interpretations, which saw law simply and purely as tied to class interests of domination. By the mid-1980s the instrumental Marxist perspective in vogue in Marxist sociology, criminology, politics, and economics gave way, to a significant extent due to Pashukanis's insights, to a more structural Marxist accounting of the relationship of law to economics and other social spheres." --Descripción del editor. (shrink)

This paper analyses some current jurisprudential and conceptual issues in evidence and procedure from the perspective of a computational legal theory. It introduces a specific investigative device, Trojans operated by police during crime investigation, and analyses whether current formal approaches to legal reasoning can be modified in such a way that the software code underlying this device can represent the relevant legal constraints that should govern its operation. We will argue that traditional formalist theories of legal reasoning are typically (...) restricted to reasoning within a system, and incapable therefore of making the notion of “legal system” sufficiently explicit. We discuss possibilities to expand on these approaches and identify the necessary elements of a computational theory of legal reasoning in an age of porous borders.Resumen:En este ensayo se analizan algunos tópicos conceptuales y filosóficos de actualidad sobre el procedimiento y las pruebas desde la óptica de una teoría del derecho computacional. En él se presenta un mecanismo específico de investigación, relativo a los “troyanos” operados por la policía durante la investigación de delitos, y analiza si los enfoques formales contemporáneos sobre el razonamiento jurídico pueden ser modificados de tal modo que el código de sofware que subyace a este mecanismo puede representar las limitaciones jurídicas relevantes que deberían regir su operación. Los autores sostienen que las teorías formalistas tradicionales del razonamiento jurídico se limitan por lo general al razonamiento dentro de un sistema y, por lo tanto, son incapaces de hacer la noción de “sistema jurídico” suficientemente explícita. Asimismo, se discuten las posibilidades de ampliar estos enfoques e identificar los elementos necesarios de una teoría computacional del razonamiento jurídico en una era de fronteras porosas. (shrink)

This article offers a feminist perspective on contract theories in law,economics and law-and-economics. It identifies masculine traits presentcontract theories in all three disciplines. It then describes andassesses some developments that appear to be ‘feminising’: Therecognition of the importance of social norms in contract theory andtheories of contract as relationship. The article's main claim is that amasculine model of decision-making persists even within the less overtlymasculine models of contract. The problem of sexually transmitted debtresulting from a surety contract is analysed (...) in detail as a specificexample supporting the article's general argument. The article concludesthat the way forward is to be found in a recognition of other ways ofmaking decisions. (shrink)

The concept of autonomy plays atleast two roles in moral theory. First, itprovides a source of constraints upon action:because I am autonomous you may not interferewith me, even for my own good. Second, itprovides a foundation for moral theory: humanautonomy has been thought by some to producemoral principles of a more general kind.This paper seeks to understand what autonomyis, and whether the autonomy of which we arecapable is able to serve these roles. We wouldnaturally hope for a (...) concept of autonomy thatis value-neutral rather than value-laden. Thatis to say, we would want the judgement that Iam autonomous to depend wholly on, say,structural features of my psychology, and in noway to require us to make ethical judgements, orother value judgements. Being value-neutral isperhaps desirable in a concept of autonomyserving the first role, and plausiblyindispensible in one playing the second. Ishall argue, however, that value-neutral conceptionsof autonomy are impoverished and out of linewith our intuitions; set out and defendan explicitly value-laden conception ofautonomy; and explore the implications of such a view for theability of autonomy to play the rolesmentioned above. (shrink)

Three metascientific concepts that have been object of philosophical analysis are the concepts oflaw, model and theory. The aim ofthis article is to present the explication of these concepts, and of their relationships, made within the framework of Sneedean or Metatheoretical Structuralism (Balzer et al. 1987), and of their application to a case from the realm of biology: Population Dynamics. The analysis carried out will make it possible to support, contrary to what some philosophers of science in general (...) and of biology in particular hold, the following claims: a) there are "laws" in biological sciences, b) many of the heterogeneous and different "models" of biology can be accommodated under some "theory", and c) this is exactly what confers great unifying power to biological theories. (shrink)

The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is (...) Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law. (shrink)

Law's Community offers a distinctive analysis of law, identifying political and moral problems that are fundamental to contemporary legal theory. It portrays contemporary law as institutionalized doctrine, emphasizing ways in which legal modes of thought influence wider currents of understanding and belief in contemporary Western societies. Exploring relationships between law and sociology as contrasting and competing fields of knowledge, Law's Community develops ideas from social theory to identify key problems for legal development; in particular, those of restoring moral (...) authority to law and of elaborating a concept of community that can guide legal regulation. The analysis leads to radical conclusions: among them, that law's functions need reconsideration at the most general level, that a unitary state legal system as portrayed in traditional kinds of legal theory may no longer be adequate in complex contemporary societies, and that law should be reconceptualized as a diverse but co-ordinated plurality of systems, sites, and forms of regulation. (shrink)

This book advances the prototype theory of categorisation within a legal context. The work adopts a multidisciplinary approach and draws on insights from cognitive psychology, cognitive linguistics and analytic philosophy to discuss semantic problems present in law. Designed as a bridge between cognitive linguistics and legal theory, it argues that categorisation is a crucial cognitive operation for the application of law and that theories of categorisation are relevant to legal theory. It makes the case that the prototype (...) approach is better suited than more formal approaches usually utilised in jurisprudence to explaining many familiar linguistic problems found in law, such as vagueness, polysemy, the flexibility of meaning, the generality of language, context-dependence of meaning, linguistic indeterminacy, and so on. The book focuses on problems of semantic analysis in law, both in concrete cases, that is, particular cases before courts, and, at the theoretical level, on methods of statutory interpretation. It will be a valuable resource for academics and researchers working in the areas of Law and Language, Legal Theory, Legal Philosophy and Legal Linguistics. (shrink)

In quantum logic, introduced by Birkhoff and von Neumann, De Morgan's Laws play an important role in the projection-valued truth value assignment of observational propositions in quantum mechanics. Takeuti's quantum set theory extends this assignment to all the set-theoretical statements on the universe of quantum sets. However, Takeuti's quantum set theory has a problem in that De Morgan's Laws do not hold between universal and existential bounded quantifiers. Here, we solve this problem by introducing a new truth value (...) assignment for bounded quantifiers that satisfies De Morgan's Laws. To justify the new assignment, we prove the Transfer Principle, showing that this assignment of a truth value to every bounded ZFC theorem has a lower bound determined by the commutator, a projection-valued degree of commutativity, of constants in the formula. We study the most general class of truth value assignments and obtain necessary and sufficient conditions for them to satisfy the Transfer Principle, to satisfy De Morgan's Laws, and to satisfy both. For the class of assignments with polynomially definable logical operations, we determine exactly 36 assignments that satisfy the Transfer Principle and exactly 6 assignments that satisfy both the Transfer Principle and De Morgan's Laws. (shrink)

The book has two parts: In the first, after a review of some seminal classical accounts of laws and explanations, a new account is proposed for distinguishing between laws and accidental generalizations. Among the new consequences of this proposal it is proved that any explanation of a contingent generalization shows that the generalization is not accidental. The second part involves physical theories, their modality, and their explanatory power. In particular, it is shown that Each theory has a theoretical implication (...) structure associated with it, such that there are new physical modal operators on these structures and also special modal entities that are in these structures. A special subset of the physical modals, the nomic modals are associated with the laws of theories. The familiar idea that theories always explain laws by deduction of them has to be seriously modified in light of the fact that there are a host of physical theories that we believe are schematic. Nevertheless, we think that there is a kind of non-deductive explanation and generality that they achieve by subsumtion under a schema. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:146 BOOK REVIEWS Natural Law Theory: Contemporary Essays. Edited by ROBERT P. GEORGE. Oxford: Clarendon Press, 1992. Pp. 371. $39.95 (cloth). As the editor of this volume, Robert P. George points out in his foreword that this hook is yet another manifestation of the renewed and growing interest in natural law theory. But why this recent increased interest in natural law theory? What purpose is this (...) theory supposed to serve, or in what way do its proponents see it as an improvement on existing theories? First of all, it must be noted, as the variety of essays in this volume makes abundantly clear, that natural law theory, as it is presently conceived, most certainly does not represent anything like a unified, single theory of tightly knit principles and conclusions. In the present volume one can easily see a half-dozen or more different approaches to natural law theory. So different in tone and spirit are some of the essays that one can easily wonder if they have enough in common even to classify them as " family resemblances." But if they all in their different ways do indeed evidence, as the editor claims, an increased awareness of and interest in natural law theory, the question immediately arises, why this increased interest? What problems do the advocates of these theories hope to solve by them or what questions do they think their theories will better address than the theories currently in place? First of all, one may make a division which places the theories, however divers~ among themselves, into two general groups. The first of these groups wishes natural law theory to function as a general approach to morality. For this group natural law does the work of a moral theory. In this group I would place the essays of Joseph Boyle, Robert George, Russell Bittinger, John Finnis, and Hadley Arkes (probably). The second group uses natural law theory as a way of determining the connection between moral law and positive law or legal theory. The essays of Jeffrey Stout, Neil MacCormick, Jeremy Waldron, Michael Moore, Lloyd Weinreb, Joseph Raz, and Ernest Weinrib fall into this second category. In all there are twelve essays in this volume. Space will not permit me to give a detailed analysis and critique of each. At most I can only indicate very briefly some of their more salient features. The book is divided into four parts, the first of which is titled "Natural Law, Practical Reasoning and Morality." In the very illuminating first essay of this section, "Natural Law and the Ethics of Traditions," Joseph Boyle undertakes to clarify the question of the relation of natural law theory to tradition. Certain approaches to moral theory currently popular BOOK REVIEWS 147 which are called virtues ethics, of which Alasdair Macintyre would he an example, claim that natural law theory is tradition-dependent. If Macintyre and other virtues ethicists are correct, then since natural law theory is culture-hound, and since the culture in which it was horn and flourished, medieval culture, has irretrievably retreated into the pages of history, then natural law theory is equally dead, of interest, if at all, only in an antiquarian way. Boyle carefully points out that there is more than one sense of being tradition-dependent. It is true that natural law theory is tradition-dependent in the sense that it did indeed come into existence in a particular historic epoch and that its language and thought do indeed express the period of its flourishing, i.e. the medieval period. But this, Boyle is careful to point out, does not mean that its validity and meaning were exhausted with the end of that culture. Rather the tradition is a living tradition so that its rich resources can continue to be exploited as that tradition is enlarged by its application to present day moral problems. Boyle's conclusion then is that in some senses natural law is indeed dependent on an ancient and medieval tradition, hut not so totally dependent that it has lost all validity for contemporary moral theory. In the contribution by Robert George, "Natural Law and Human Nature," George tries to defend Germain Grisez's version of natural law... (shrink)

To cut a convincing figure again in jurisprudence — which is my present field of concern— natural law theory, by which I mean and shall mean throughout, traditional natural law theory, basically the theory of St.Thomas, must be made convincing again in ethics.

The following article was written to honour Johan Buitendag’s contribution to the discipline of eco-theology. Assuming an interdisciplinary stance, eco-theology in general and his work, in particular, is observed from the position of legal theory and sociology. As such, eco-theology is not assessed on theological grounds but is treated interdisciplinary through comparison with environmental law. More specifically, the project of eco-theology is shown to share certain characteristics with the nascent subdiscipline of Earth systems law within environmental law. It (...) is argued that one of the most important of these is the use of norms as an ecological strategy. This is understandable as both the religious and legal systems rely on the norm form to a lesser or greater extent. However, in the legal sociology of systems theory, the shortcomings of norms have been eloquently argued. This article thus posits the limits of norms to eco-theology and Earth systems law as a challenge deserving attention. However, social systems theory has its shortcomings, and a preliminary line of flight away from this challenge is suggested in the shape of Agamben’s description of the monastic form-of-life, where life and norm overlap so intensely that suggestions of a new worldview gain plausibility. (shrink)

Assembling a series of voices from across the field, this book demonstrates how posthuman theory can be employed to better understand and tackle some of the challenges faced by contemporary international law. With the vast environmental devastation being caused by climate change, the increasing use of artificial intelligence by international legal actors, and the need for international law to face up to its colonial past, international law needs to change. But in regulating and preserving a stable global order in (...) which states act as its main subjects, the traditional sources of international law - international legal statutes, customary international law, historical precedents and general principles of law - create a framework that slows down its capacity to act on contemporary challenges, and to imagine futures yet to come. In response, this collection maintains that posthuman theory can be used to better address the challenges faced by contemporary international law. Covering a wide array of contemporary topics - including environmental law, the law of the sea, colonialism, human rights, conflict, and the impact of science and technology - it is the first book to bring new and emerging research on posthuman theory and international law together into one volume. This book's posthuman engagement with central international legal debates, prefaced by the leading scholar in the field of posthuman theory, provides a perfect resource for students and scholars in international law, as well as critical and socio-legal theorists, and others with interests in posthuman thought, technology, colonialism and ecology. (shrink)

Les travaux récents ont permis de rendre justice à la théorie du langage qu’a élaborée Bentham et d’expliquer les enjeux théoriques de son attachement aux mots. Il est donc désormais possible de s’attacher à comprendre les enjeux langagiers à l’oeuvre dans les différents champs de la pensée benthamienne, et plus particulièrement au sein de sa théorie générale du droit. Dès lors, son projet de Nomographie semble aller de soi. Nous nous attacherons à montrer dans quelle mesure ce texte entend tirer (...) les conséquences de l’ensemble des acquis théoriques de la philosophie benthamienne et plus précisément comment il permet de penser les relations entre langage et droit pour aboutir à la constitution du droit comme système de contrôle social. (shrink)

“Women and the Law in Irigarayan Theory” by Gail Schwab is a reading of French feminist philosopher Luce Irigaray's writings on law together with texts of American feminist jurisprudence. The first part of the article summarizes many of the conflicts surrounding the concept of equality in American feminist legal thought and attempts to move beyond them with the Irigarayan principle of equivalence or equivalent rights. The second part of the article deals more generally with the symbolic changes that will (...) be necessary in order to change the law, and with the cultural evolution that changes in the law can bring about, and more specifically with two areas of Irigarayan legal theory that are central to cultural change and evolution: the concept of female identity or virginity, and the relationship to the mother. In the conclusion, a new utopian vision of what law might be‐the cultural mediation for an evolved intersubjectivity‐is developed through Irigaray's most recent texts. (shrink)

Since the late 1950s one of the most important and influential views of post-positivist philosophy of science has been the theory-ladenness of observation. It comes in at least two forms: either as a psychological law pertaining to human perception (whether scientific or not) or as conceptual insight concerning the nature and functioning of scientific language and its meaning. According to its psychological form, perceptions of scientists, as perceptions of humans generally, are guided by prior beliefs and expectations, and perception (...) has a peculiar holist character. In its conceptual form it maintains that scientists’ observations rest on the theories they accept and that the meaning of the observational terms involved depends upon the theoretical context in which they occur. Frequently, these two versions are combined with each other and give rise to a constructivist view of scientific knowledge (I shall use the term “constructivism” roughly in the same way as Golinski [1998, chap. 1]). According to this outlook, our experience is categorized and preconditioned by prior belief since the process of gaining knowledge through science always involves the use of concepts from some theory or other. This view can easily be strengthened to serve as the cornerstone of a constructivist and anti-empiricist account of science: The categories in terms of which we carve up our experience are not read off from the external world but follow from prior theoretical commitments. (shrink)

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld’s analysis of (...) rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author’s own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger’s theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights. (shrink)

La théorie de la décision a inspiré des modèles du risque qui formalisent des choix de comportement dont la diversité tient à des facteurs individuels, sociaux et environnementaux. Comme le droit routier cherche à modifier les comportements, ces modèles ont inspiré des politiques publiques et des réformes juridiques ou judiciaires. Leurs effets sont limités par la diversité des déterminants des comportements et l’éclatement des groupes qui prennent des risques. Ces modèles n’en restent pas moins un guide pertinent pour l’action générale (...) de l’État, surtout si des actions spéciales la complètent. Celles-ci pourraient porter sur des cibles spécifiques avec des démarches appropriées, appuyées par l’éducation et la prévention.The decision-making theory has inspired risk models which formalize behaviour choices. Their diversity is due to individual, social and environmental factors. Since road safety laws aim at changing behaviours, these models have inspired policies as well as legal or judicial reforms. Their effects are limited by the variety of decision factors and the dispersal of risk-taking groups. Yet these models do remain a relevant guide for overall state action, particularly if it is enhanced by special actions. The latter could be aimed at special targets using adequate strategies backed by education and prevention. (shrink)

The frame model was developed in cognitive psychology and imported into the philosophy of science in order to provide representations of scientific concepts and conceptual taxonomies. The aim of this article is to show that beside the representation of scientific concepts the frame model is an efficient instrument to represent and analyze scientific theories. That is, we aim to establish the frame model as a representation tool for the structure of theories within the philosophy of science. For this, we will (...) develop the notion of a theory frame and distinguish between theory frames for qualitative theories in which scientific measurement is based on nominal scales and theory frames for quantitative theories in which measurement is based on ratio scales. In three case studies, we will apply frames to a psychological, a linguistic, and a physical theory, thereby showing that the frame model is a powerful and intuitively accessible instrument to analyze the laws of scientific theories, the determination of theoretical concepts, the explanatory role of theoretical concepts, the abductive introduction of a new theoretical concept, the distinction between the core and the periphery of a theory, the diachronic development of a theory, and the distinction between qualitative and quantitative scientific concepts. Finally, we will provide a comparison to the structuralist view of theories, one of the most elaborated and applied models of theory representation. (shrink)

The article analyzes the possibilities and limitations of artificial intelligence. The article considers the subjectivity of artificial intelligence, determines its necessity for solving intellectual problems depending on the possibility of representing the real world as a deterministic system. Methodological limitations of artificial intelligence, which is based on the use of big data technologies, are stated. These limitations cause the impossibility of forming a holistic representation of the objects of cognition and the world as a whole. As a tool for deterministic (...) description of the universe it is proposed to use empirical-metaphysical general theory of systems, which is an extension of existing general theories of systems due to ontological justification of the phenomenon of isomorphism and definition of a limited set of laws, rules, patterns and primitives of forms and relations of objects in the universe. The distinction of natural (human) and artificial intelligence is considered, including the realization of multisystem integration of intelligence in physical, biological, social and spiritual systems. A philosophically grounded approach to ensuring the evolutionary properties of artificial intelligence is formulated, based on the inclusion of non-equilibrium mechanisms through which stability is realized. (shrink)

This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and legal systems. While (...) legal theory uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

This paper explores whether it is possible to reformulate or re-interpret Lewis’s theory of fundamental laws of nature—his “best system analysis”—in such a way that it becomes a useful theory for special science laws. One major step in this enterprise is to make plausible how law candidates within best system competitions can tolerate exceptions—this is crucial because we expect special science laws to be so called “ceteris paribus laws ”. I attempt to show how this is possible and (...) also how we can thereby make the first step towards a solution for the infamous difficulties surrounding the troublesome ceteris paribus clause. The paper outlines the general ideas of the theory but also points out some of its difficulties and background assumptions. (shrink)

In general, quantities should be interpreted in the same way as random quantities or random variables are interpreted in statistics: namely, as functions from a domain to a special set of objects. The fact that they reflect to some level the structure of a set of mathematical objects makes the range of these functions extraordinary. Measurement, meanwhile, is not a process of “assigning numbers to objects,” but rather of formulating the values of quantity functions given to objects. More briefly, (...) it is giving magnitudes to objects. (shrink)

In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents (...) of a position lying in between natural law and legal positivist jurisprudence, we can gain clarity in why their general legal theories seem to fit uncomfortably, if indeed they can be said to fit at all, within so many different camps - while fitting comfortably in no particular camp - as well as highlight what has been overlooked. (shrink)

A recent article by Vihalemm (Foundations of Chemistry, 2003) is critical of an earlier essay. We find that there is some justification for his criticism of vagueness in defining terms. Nevertheless the main conclusions of the earlier work, when carefully restated to deflect Vihalemm’s criticisms, are unaffected by his arguments. The various dicta that are used as the bases of chemical explanations are different in character, and are used in a different way from the laws and theories in classical physics.

Kopeikin (forthcoming a, forthcoming b) and Rachels’ (1975) bare-difference cases elicit the intuition that killing is no different than letting die. Hill’s (2018) bare-difference cases elicit the intuition that killing is worse than letting die. At least one of the intuitions must be mistaken. This calls for an error theory. Hill has an error theory for the intuition elicited by the Kopeikin/Rachels’ cases. Kopeikin and Rachels have an error theory for the intuition elicited by Hill’s cases. A (...) natural thought is that we are at an impasse. There is no plausible basis for preferring one error theory to the other. I argue that this natural thought is mistaken. Not all error theories are equal. Preliminary considerations favor Hill’s error theory and disfavor the Kopeikin/Rachels error theory. But preliminary considerations are not decisive. The way forward in the bare-difference debate is not to evaluate intuitions. The intuitions are in. What is left to do now is evaluate the comparative status of the Hill and the Kopeikin/Rachels error theories. (shrink)

The existing divergence between how we talk about contract law and actual contract experience, the parties moral obligation to keep contracts and the government’s role in regulating contracts, are the three main issues addressed in this article. The analysis of this article points to a narrower and more cautious approach to contract law, not towards a general theory, but one focused on the rules of a single time and place.Resumen:La divergencia que existe entre la forma en que hablamos (...) del derecho contractual y la actual experiencia contractual, la obligación moral de las partes contratantes de mantener un contrato, y el papel del gobierno en la regulación de los contratos, son los tres asuntos principales que se abordan en este artículo. El análisis señala la perspectiva de una más estrecha y cautelosa visión del derecho contractual, pues la teoría propuesta no es una más de las teorías generales, sino una teoría desafiante enfocada en las reglas de un tiempo y lugar específico. (shrink)

This article aims at linking empirical research to legal theories, in a way that could enhance the benefits of this synergy. Jurisprudence, until recently the usual term for theoretical approaches to law, is now often replaced by the term legal theory. Difference between legal theory and empirical research is reflected in their consideration of subject matters, aims, and methods of research. However, there also exist commonalities between the two, i.e. both aim at comprehending law and legal systems. While (...) legal theory uses philosophical tools, its subject matter still remains a social phenomenon, for social ends. And since empirical research is a means to gather information about law, it could act as a prime source of information for legal theory. While empirical research has its own end to follow, what is missing is, attention to some legal theory, not just general legal theory, but which can also critique philosophical discourses to legality. (shrink)

Present-day interest in history among philosophers seems largely limited to a debate over the nature of historical explanation among those who for Humean reasons insist that all explanations must rest upon general laws and history cannot be an exception to this, and those who say the historians do explain and since they do not use general laws the Humean claim is obviously mistaken. Like the latter, the present paper takes the explanations of historians seriously, but unlike the latter (...) it is not willing to limit the role of philosophy of history merely to the elucidation of the language in which historians give final expression of their work. Rather it recognizes that those explanations themselves set the stage for further inquiry in that they are required to be justified. It is here that the theories or general laws demanded by Humean analysis come in. After examining examples of general laws offered by way of example of what the "Humean" philosophers are supposed to have in mind, each of which is an immediate generalization of the explanation it is called upon to explain and is, hence, an instance of what has been called "the dogma of universality," some examples of more promising prospects of theory in history are examined. (shrink)

I claim that one way thought experiments contribute to scientific progress is by increasing scientific understanding. Understanding does not have a currently accepted characterization in the philosophical literature, but I argue that we already have ways to test for it. For instance, current pedagogical practice often requires that students demonstrate being in either or both of the following two states: 1) Having grasped the meaning of some relevant theory, concept, law or model, 2) Being able to apply that (...) class='Hi'>theory, concept, law or model fruitfully to new instances. Three thought experiments are presented which have been important historically in helping us pass these tests, and two others that cause us to fail. Then I use this operationalization of understanding to clarify the relationships between scientific thought experiments, the understanding they produce, and the progress they enable. I conclude that while no specific instance of understanding (thus conceived) is necessary for scientific progress, understanding in general is. (shrink)

Jeffrie G. Murphy's third collection of essays further pursues the topics of punishment and retribution that were explored in his two previous collections: Retribution, Justice and Therapy and Retribution Reconsidered. Murphy now explores these topics in the light of reflections on issues that are normally associated with religion: forgiveness, mercy, and repentance. He also explores the general issue of theory and practice and discusses a variety of topics in applied ethics - e.g., freedom of artistic expression, the morality (...) of gambling, and the value of forgiveness in psychological counseling. As always, his perspective may be described as Kantian; and, indeed, this collection contains the first extended piece of Kant scholarship that he has done in years: a long essay on Kant on theory and practice. (shrink)

The complexity and heterogeneity of causes influencing ecology’s domain challenge its capacity to generate a general theory without exceptions, raising the question of whether ecology is capable, even in principle, of achieving the sort of theoretical success enjoyed by physics. Weber has argued that competition theory built around the Competitive Exclusion Principle (especially Tilman’s resource-competition model) offers an example of ecology identifying a law-like causal regularity. However, I suggest that as Weber presents it, the CEP is not (...) yet a causal regularity. Instead, I argue that the scientific understanding in Tilman’s theory takes a different form. The theory explains through a structure I call “channeling explanation” which does not depend on deduction from general laws, but rather builds on constraints and trade-offs represented in state-space. Recognizing this structure supports the more general point that ecology and other so-called special sciences can reveal novel theoretical approaches to philosophy of science when approached with openness to their uniqueness. (shrink)

There are aspects of privacy theory that are analogous to quantum theory. In particular one can define distillable key and key cost in parallel to distillable entanglement and entanglement cost. We present here classical privacy theory as a particular case of information theory with adversaries, where similar general laws hold as in entanglement theory. We place the result of Renner and Wolf—that intrinsic information is lower bound for key cost—into this general formalism. Then (...) we show that the question of whether intrinsic information is equal to key cost is equivalent to the question of whether Alice and Bob can create a distribution product with Eve using I M bits of secret key. We also propose a natural analogue of relative entropy of entanglement in privacy theory and show that it is equal to the intrinsic information. We also provide a formula analogous to the entanglement of formation for classical distributions. (shrink)

Generalized Quantum Theory seeks to explain and predict quantum-like phenomena in areas usually outside the scope of quantum physics, such as biology and psychology. It draws on fundamental theories and uses the algebraic formalism of quantum theory that is used in the study of observable physical matter such as photons, electrons, etc. In contrast to quantum theory proper, GQT is a very generalized form that does not allow for the full application of formalism. For instance neither a (...) commutator, such as Planck’s constant, nor any additive operations are defined, which precludes the usage of a full Hilbert-space formalism. But it is a formalized phenomenological theory that is applicable whenever the core element of a quantum theory needs to be captured, namely in the presence of incompatible or non-commuting operations. As a consequence, it also predicts nonlocal, generalized entanglement correlations in systems other than proper quantum systems. In this paper we summarize the specific scientific evidence relating to the quantum-like mental, behavioral and physiological nonlocal correlations. Such non-local, generalized entanglement correlations are expected, both in space and time, between subsystems of a larger system, whenever observables pertaining to the global system are incompatible or complementary to observables pertaining to subsystems, as predicted by GQT. The result is a coherent explanation of a significant amount of controversial and seemingly weird occurrences that cannot be explained by classical physical laws. This review also offers a new perspective of the human mind’s potential. (shrink)

I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style of (...) recent court decisions which many critics find troublesome. (shrink)

This book gives a comprehensive overview of central themes of finite model theory – expressive power, descriptive complexity, and zero-one laws – together with selected applications relating to database theory and artificial intelligence, especially constraint databases and constraint satisfaction problems. The final chapter provides a concise modern introduction to modal logic, emphasizing the continuity in spirit and technique with finite model theory. This underlying spirit involves the use of various fragments of and hierarchies within first-order, second-order, fixed-point, (...) and infinitary logics to gain insight into phenomena in complexity theory and combinatorics. The book emphasizes the use of combinatorial games, such as extensions and refinements of the Ehrenfeucht-Fraissé pebble game, as a powerful way to analyze the expressive power of such logics, and illustrates how deep notions from model theory and combinatorics, such as o-minimality and treewidth, arise naturally in the application of finite model theory to database theory and AI. Students of logic and computer science will find here the tools necessary to embark on research into finite model theory, and all readers will experience the excitement of a vibrant area of the application of logic to computer science. (shrink)

This work applies the competitive exclusion principle and the concept of potential competitors as simple axiomatic tools to generalized situations in ecology. These tools enable apparent competition and its dual counterpart to be explicitly evaluated in poorly understood ecological systems. Within this set-theory framework we explore theoretical symmetries and invariances, De Morgan’s laws, frozen evolutionary diversity and virtual processes. In particular, we find that the exclusion principle compromises the geometrical growth of the number of species. By theoretical extending this (...) principle, we can describe interspecific depredation in the dual case. This study also briefly considers the debated situation of intraspecific competition. The ecological consequences of our findings are discussed; particularly, the use of our framework to reinterpret coupled mathematical differential equations describing certain ecological processes. (shrink)

Effective Field Theory (EFT) is the successful paradigm underlying modern theoretical physics, including the "Core Theory" of the Standard Model of particle physics plus Einstein's general relativity. I will argue that EFT grants us a unique insight: each EFT model comes with a built-in specification of its domain of applicability. Hence, once a model is tested within some domain (of energies and interaction strengths), we can be confident that it will continue to be accurate within that domain. (...) Currently, the Core Theory has been tested in regimes that include all of the energy scales relevant to the physics of everyday life (biology, chemistry, technology, etc.). Therefore, we have reason to be confident that the laws of physics underlying the phenomena of everyday life are completely known. (shrink)

Complexity theory attempts to explain, at the most general possible level, the interesting behaviors of complex systems. Two such behaviors are the emergence of simple or stable high-level behavior from relatively complex low-level behavior, and the emergence of sophisticated high-level behavior from relatively simple low-level behavior; they are often found nested in the same system. Concerning the emergence of simplicity, this essay examines Herbert Simon's explanation from near-decomposability and a stochastic explanation that generalizes the approach of statistical physics. (...) A more general notion of an abstract difference-making structure is introduced with examples, and a discussion of evolvability follows. Concerning the emergence of sophistication, this essay focuses on, first, the energetics approach associated with dissipative structures and the fourth law of thermodynamics, and second, the notion of a complex adaptive system. (shrink)

This book explores how globalisation influences the understanding of law. Adopting a broad concept of law and a global perspective, it critically reviews mainstream Western traditions of academic law and legal theory. Its central thesis is that most processes of so-called 'globalisation' take place at sub-global levels and that a healthy cosmopolitan discipline of law should encompass all levels of social relations and the legal ordering of these relations. It illustrates how the mainstream Western canon of jurisprudence needs to (...) be critically reviewed and extended to take account of other legal traditions and cultures. Written by the one of the foremost scholars in the field, this important work presents an exciting alternative vision of jurisprudence. It challenges the traditional canon of legal theorists and guides the reader through a field undergoing seismic changes in the era of globalisation. This is essential reading for all students of jurisprudence and legal theory. (shrink)

Joseph Raz's new book, Between Authority and Interpretation , collects his most important papers in the philosophy of law and the theory of practical rationality from the mid-1990s to the mid-2000s. In these papers, Raz not only advances earlier theses but also breaks new ground in a number of areas. I focus on three of Raz's topics here: theories of law, separability and necessity, and the normativity of law. While I am generally sympathetic to Raz's thinking on these topics, (...) I raise some room for doubt - especially with regard to his pessimism about finding a uniquely best theory of law and the relationship between law and morality. (shrink)

Undoubtedly, Abū Ḥanīfa (d. 150/767) is one of the most important subjects affecting the development of Islamic thought for about thirteen centuries. Not only Islamic law; however, with his fundamental contributions to the doctrine, he continues to influence a very large environment in the Islamic geography today. In fact, this effect has been attractive enough to create a depth that permeates the daily lives of societies from economics to law, from education to health, beyond these mere theoretical and practical dimensions (...) of religion. Essentially, the interpretation of Islam systematized by Abū Ḥanīfa in the context of a religious philosophy and method has been the subject of a heated discussion and evaluation under different Islamic paradigms since the very first time. Today, the issue has gained a different dimension in parallel with the increasing tensions in all aspects of the Islamic world. Apart from the interest shown to him in the context of organized religion, Abū Ḥanīfa has been a means of reaction to the Arab religion and politics attitude on the one hand, and on the other hand he has been made the object of conflict, harmony and incompatibilities in the context of modernization. The research is limited to studies conducted in Turkey between 2000 and 2020 years on Abū Ḥanīfa. The research is based on the assumption that these studies dealt with Abū Ḥanīfa almost completely detached from her sociological and historical personality and confronted with a theoretical problem. In the study, a theoretical analysis of the mentioned literature has been made and a theoretical proposal has been made for the studies in the field. With the research, it is aimed to make a theoretical contribution to the Abū Ḥanīfa literature. For this purpose, the general theoretical view of these studies is tried to be understood by scanning the books, articles and symposium papers covering these years. In this framework, some semantic packages that manifest themselves widely in the studies are determined, and thus the unchanging concrete reflections of the phenomenon problematized in the research are tried to be understood. The data in the study are evaluated in the context of phenomenological sociology of knowledge. From the earliest times to today, Abū Ḥanīfa is not only about the theological perception of people; besides, he has drawn an image surrounded by the limitations drawn by their socioeconomic, cultural, political and ideological circles. On the other hand, it can easily be seen that the approaches reflected in the literature about Abū Ḥanīfa, whether they come from the Hanafi school or have matured within another tradition of thought, are almost entirely shaped in a macro-theological, suprahistorical, universalist and nomothetic perspective. It can also be said that these studies have not attempted to open themselves up to new discussions in theoretical terms. In the years that were the subject of the research, Abū Ḥanīfa was the subject of periodicals and symposiums conducted within a program rather than copyrighted works. The literature, which is clearly observed to be confronted with a theological contraction, is progressing with a more doctrine debate today. It is understood that relatively less practical areas of discussion have emerged with the motive of responding to developments in the Islamic world and on a global scale, ignoring Abū Ḥanīfa 's sociological background. Handing over to Abū Ḥanīfa, disciplinary populism, sectarian marginalization, romanticization and ideological commodification are important meaning packages reflected in the literature. The main concern of all this semantic reality is to build an order based on the knowledge stock in the tradition against the breaks and traumas in the social structure. However, this approach to explain Abū Ḥanīfa has revealed some theoretical problems. In another respect, the perspectives that dominated the literature made such generalizing attitudes inevitable. As a result, with this theoretical point of view, Abū Ḥanīfa has been turned into a historical problem in related studies in general. Finally, in this study, a historical, idiographic perspective emphasizing the specificity to the social event is proposed for the literature of Abū Ḥanīfa. In this context, the article draws attention to the phenomenological sociology of knowledge that takes the understanding of each event in its own reality as opposed to macro approaches. (shrink)