This paper engages with Ferrajoli’s contribution to the philosophical debate on constitutional democracy and in particular his conception of ‘structural entrenchment’, or the basis upon which one can defend the normativity of the Constitution as ‘higher law’, which can trump or limit legislation, without infringing democratic principles. Ferrajoli’s own understanding of ‘structural entrenchment’ is compared to Rawls’s and Dworkin’s arguments in support of it. Ferrajoli’s position is neither grounded on a philosophy of history, as in Rawls, nor on a version (...) of moral realism, as for Dworkin, but on a formal understanding of the nature of fundamental rights, and in a conception of democratic sovereignty as ‘joint ownership.’. (shrink)

The question of whether there are laws in ecology is important for a number of reasons. If, as some have suggested, there are no ecological laws, this would seem to distinguish ecology from other branches of science, such as physics. It could also make a difference to the methodology of ecology. If there are no laws to be discovered, ecologists would seem to be in the business of merely supplying a suite of useful models. These models would need to be (...) assessed for their empirical adequacy but not for their ability to capture fundamental truths, or the like. If, on the other hand, ecology does have laws, this prompts further questions about what these laws are and why even the best candidates for ecological laws fall short of what might be expected of laws. (shrink)

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Journal Name: Semiotica Issue: Ahead of print.

The year is 2100. Geena is the proud new owner of Emit, a state-of-the-art robot. She has just unwrapped him, the packaging strewn across the dining room floor. Emit is designed to replicate the outward behaviour of a human being down to the last detail . Emit responds to questions in much the same way humans do. Ask him how he feels and he will say he has had a tough day, has a slight headache, is sorry he broke that (...) vase, and so on. Geena flips the switch at the back of Emit's neck to ‘on’. Emit springs to life. (shrink)

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously.

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces tips and pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with two everyday reasoning errors.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here l explain some of the techniques commonly used by ‘gurus’ to dupe people into thinking they have something profound to say.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here we get to grips with an everyday reasoning error: the gambler's fallacy.

Thinking Tools is a regular feature that introduces pointers on thinking clearly and rigorously. Here I tell a cautionary tale about flying saucers and take a brief look at the virtues of ‘open-mindedness’.

There is an old but powerful argument for the claim that exhaustive divine foreknowledge is incompatible with the freedom to do otherwise. A crucial ingredient in this argument is the principle of the “Fixity of the Past”. A seemingly new response to this argument has emerged, the so-called “dependence response,” which involves, among other things, abandoning FP for an alternative principle, the principle of the “Fixity of the Independent”. This paper presents three arguments for the claim that FI ought to (...) be preferred to FP. (shrink)

This paper provides an empirical study of Italian ‘boutique law firms’. By building on seventeen semi-structured interviews with lawyers, the paper explores institutional, professional, and societal features of such firms and their lawyers. The article shows that, while the rise of large law firms triggered a partitioning of the Italian legal field in the past decades, more recently this small, but economically important, sector of the profession revived the classic model of delivering legal services characterised by a strong sense of (...) autonomy and independence, a client-centered but ethically robust approach to legal practice, a close relationship with academic and political environments, and a focus on projecting a professional image of themselves and their firms in society. These are, in other words, the last bastion of professionalism and are increasingly gaining an important role in the Italian field. (shrink)

Human rights discourse has been likened to a global lingua franca, and in more ways than one, the analogy seems apt. Human rights discourse is a language that is used by all yet belongs uniquely to no particular place. It crosses not only the borders between nation-states, but also the divide between national law and international law: it appears in national constitutions and international treaties alike. But is it possible to conceive of human rights as a global language or lingua (...) franca not just in a figurative or metaphorical sense, but in a literal or linguistic sense as a legal dialect defined by distinctive patterns of word choice and usage? Does there exist a global language of human rights that transcends not only national borders, but also the divide between domestic and international law? Empirical analysis suggests that the answer is yes, but this global language comes in at least two variants or dialects. New techniques for performing automated content analysis enable us to analyze the bulk of all national constitutions over the last two centuries, together with the world’s leading regional and international human rights instruments, for patterns of linguistic similarity and to evaluate how much language, if any, they share in common. Specifically, we employ a technique known as topic modeling that disassembles texts into recurring verbal patterns. The results highlight the existence of two species or dialects of rights talk—the universalist dialect and the positive-rights dialect—both of which are global in reach and rising in popularity. The universalist dialect is generic in content and draws heavily on the type of language found in international and regional human rights instruments. It appears in particularly large doses in the constitutions of transitional states, developing states, and states that have been heavily exposed to the influence of the international community. The positive-rights dialect, by contrast, is characterized by its substantive emphasis on positive rights of a social or economic variety, and by its prevalence in lengthier constitutions and constitutions from outside the common law world, especially those of the Spanish-speaking world. Both dialects of rights talk are truly transnational, in the sense that they appear simultaneously in national, regional, and international legal instruments and transcend the distinction between domestic and international law. Their existence attests to the blurring of the boundary between constitutional law and international law. (shrink)

Plantinga's Evolutionary Argument Against Naturalism aims to show that naturalism is, as he puts it, ‘incoherent or self defeating’. Plantinga supposes that, in the absence of any God-like being to guide the process, natural selection is unlikely to favour true belief. Plantinga overlooks the fact that adherents of naturalism may plausibly hold that there exist certain conceptual links between belief content and behaviour. Given such links, natural selection will favour true belief. A further rather surprising consequence of the existence of (...) such links is this: even if semantic properties are epiphenomenal, unguided evolution will still favour true belief. (shrink)

Volume 24, Issue 11, November 2024, Page 78-80.

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)

Inter‐personal morals should be understood and described in the language of duties, not rights. Rights are self‐centred, duties other‐centred. Whereas duties are primarily a moral construct, rights are primarily a legal construct. There is an important distinction between the language appropriate for inter‐personal morals, and the language appropriate for the morals of the State. The first principle of the morals of the State is that the State holds its power as trustee for the people; otherwise we would face arbitrary and (...) capricious rule. In this setting it is natural and proper to speak of rights—the rights of the citizen beneficiaries against their trustee, the State. However, inter‐personal morals and the morality of the State are inter‐dependent. Without a duty‐based personal morality, the laws which the State makes will tend more and more to be oppressive and contemptuous. And the laws of the State must themselves leave room for personal moral commitment, freely entered into, to flourish. (shrink)

David Law's new book deals with Kierkegaard's `apophaticism' - or those elements of Kierkegaard's thought which emphasize the incapacity of human reason and the hiddenness of God.

This article argues that it is a mistake to assume that atheism entails naturalism, that naturalism is what leads someone to embrace atheism, and that atheists must sign up to a ‘naturalistic world-view’.

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

Women are drastically underrepresented in science, technology, engineering, and mathematics and this underrepresentation has been linked to gender stereotypes and ability related beliefs. One way to remedy this may be to challenge male bias gender stereotypes around STEM by cultivating equitable beliefs that both female and male can excel in STEM. The present study implemented a growth mindset intervention to promote children’s incremental ability beliefs and investigate the relation between the intervention and children’s gender stereotypes in an informal science learning (...) site. Participants were visitors to a science museum who took part in an interactive space science show. Participants who were exposed to a growth mindset intervention, compared to the participants in the control condition, reported significantly less gender stereotyping around STEM by reporting equitably in the stereotype awareness measure. Relatedly, participants in the control condition reported male bias gender stereotype in the stereotype awareness measure. Further, children between 5 and 8-years-old reported greater male bias stereotypes awareness and stereotype flexibility in space science compared to children between 9 and 12-years-old. Lastly, children demonstrated in-group bias in STEM ability. Male participants reported gender bias favoring males’ ability in stereotype flexibility and awareness measures, while female participants reported bias toward females’ ability in stereotype flexibility and awareness measures. These findings document the importance of a growth mindset intervention in buffering against STEM gender stereotyping amongst children, as well as the significant role a growth mindset intervention can play within an informal science learning site. (shrink)

First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.

Thinking tools is a regular feature that offers tips and pointers on thinking clearly and rigorously.

This paper presents an extension of Putnam's account of how substance terms such as ‘water’ and ‘gold’ function and of how a posteriori necessary truths concerning the underlying microstructures of such kinds may be derived. The paper has three aims. I aim to refute a familiar criticism of Putnam's account: that it presupposes what Salmon calls an ‘irredeemably metaphysical, and philosophically controversial, theory of essentialism’. I show how all of the details of Putnam's account—including those that Salmon believes smuggle in (...) such essentialist commitments—can be squared with a rejection of any such essentialist metaphysics. I aim to reveal why Steward is wrong to suppose that, by helping himself to the claim that ‘H2O’ is a rigid designator of a substance, Kripke, too, presupposes something controversially ‘metaphysical’. I aim to show how my proposed account also sidesteps a variety of objections raised by Needham and others who argue that Kripke's and Putnam's accounts of how ‘water’ and.. (shrink)

Stephen Law explains his challenge for theists.

Stephen Law follows THE PHILOSOPHY FILES with a second book of philosophical conundrums for teenagers. This time he asks such questions as Do Miracles Happen? Why Do These Words Mean Something? and Do I Know the Sun will Rise Tomorrow? You can dip into the arguments that interest you, in eight chapters where the themes are set up in witty scenarios and then debated. There are wacky thought experiments to work out and a variety of characters appear - some of (...) them Martians. As in THE PHILOSOPHY FILES, there are hundreds of lively cartoons running through the book. Stephen Law is a brilliant communicator with a passion to make young people think for themselves. As the GUARDIAN said: 'It's philosophy in action rather than philosophy in aspic... a real philosophy book for kids - which students and adults could enjoy too - finally exists'. (shrink)

The Principle of the Fixity of the Past (FP) holds that the past is ‘fixed’ in evaluating what we are free to do, and it is frequently invoked by incompatibilists when arguing that freedom and determinism are incompatible. However, several authors have argued that incompatibilists ought to abandon FP for a different principle, sometimes called the Principle of the Fixity of the Independent (FI). According to this principle, it is not the past in its entirety that is fixed, but only (...) those parts of the past that are independent of our current choices. But a question remains: What about authors who are not friendly to incompatibilism in the first place? Is there any reason to think that compatibilists should also abandon their preferred interpretation of FP for something along the lines of FI? I examine perhaps the most influential version of (classical or leeway) compatibilism, David Lewis's ‘local-miracle compatibilism’. I argue that although Lewis's version of local-miracle compatibilism avoids being committed to anything like FI, his version faces a number of objections. Once we revise Lewis's version to avoid these objections, we arrive at a version of local-miracle compatibilism that is committed to FI, or at least something very close. (shrink)

In a secular society, does Christmas mean anything anymore? As we stuff ourselves with plumped-up turkeys, unwrap the latest useless gadget, and gather round the family tree, what real relevance does the festive season have and why do we perpetuate it? The Philosophy of Christmas is designed to be a fun book but one underpinned by an exploration of serious philosophical issues. The way we celebrate Christmas says a lot about the way we relate to each other, our society and (...) values. For instance, did you know that Santa's outfit is only red and white because those are the colours of the Coca Cola company? Already a bestselling author, Stephen Law takes a look at such things as the virgin birth (David Hume's theories on miracles), Bertrand Russell's turkey, the existential angst of Santa, and peace on earth to produce a humourous, varied and thought-provoking collection. (shrink)

Brian Loar believes he has refuted all those antiphysicalist arguments that take as their point of departure observations about what is or isn't conceivable. I argue that there remains an important, popular and plausible-looking form of conceivability argument that Loar has entirely overlooked. Though he may not have realized it, Saul Kripke presents, or comes close to presenting, two fundamentally different forms of conceivability argument. I distinguish the two arguments and point out that while Loar has succeeded in refuting one (...) of Kripke's arguments he has not refuted the other. Loar is mistaken: physicalism still faces an apparently insurmountable conceptual obstacle. (shrink)