Suppose the prevailing distribution of property rights is unjust as determined by the relevant conception of distributive justice. You have far more than you should have under that theory and I have far less. Then I defraud you and in doing so reallocate resources so that our holdings ex post more closely approximate what distributive justice requires. Do I have a duty to return the property to you? There are many good reasons for requiring me to return to you what (...) I have taken. One is that while you may have no right in justice to all that you own, it does not follow that I do, or that I have a right to take it. Thus, requiring me to return the property to you is a way of recognizing that I had no right to take it from you in the first place. (shrink)

The first part of this book is a translation of a philosophical work by the Breton philosopher Jules Lequyer, which explores questions of divine justice and human equality. The second part is a biography of Lequyer by Donald Wayne Viney, based on Prosper Hemon's life of Lequyer, and other material.

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be (...) preserved, reproduced, and made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Jules Janssens a construit une œuvre importante, qui, pour de nombreux chercheurs, a ouvert des perspectives de recherches nouvelles et fécondes. Ses travaux ont fait date. Ils portent principalement sur la philosophie d'Avicenne, ses sources, ses rapports avec la pensée musulmane, son influence sur la théologie ash'arite (al-Ghazālī, Fakhr al-Dīn al-Rāzī) et sa réception dans le monde latin. Pour lui rendre hommage, quatorze collègues et amis de renommée internationale se sont réunis pour poursuivre ses réflexions sur ces thèmes. L'ouvrage (...) qui en est issu offre un état des lieux de la recherche contemporaine sur Avicenne et sa postérité arabo-latine. (shrink)

Implicit bias training (IBT) is now frequently provided by employers, in order to raise awareness of the problems related to implicit biases, and of how to safeguard against discrimination that may result. However, as Atewologun et al (2018) have noted, there is very little systematicity in IBT, and there are many unknowns about what constitutes good IBT. One important issue concerns the tone of information provided regarding implicit bias. This paper engages this question, focusing in particular on the observation that (...) much bias training is delivered in exculpatory tone, emphasising that individuals are not to blame for possessing implicit biases. Normative guidance around IBT exhorts practitioners to adopt this strategy (Moss-Racusin et al 2014). However, existing evidence about the effects of moralized feedback about implicit bias is equivocal (Legault et al 2011; Czopp et al 2006). Through a series of studies, culminating in an experiment with a pre-registered analysis plan, we develop a paradigm for evaluating the impact of moralized feedback on participants’ implicit racial bias scores. We also conducted exploratory analyses of the impact on their moods, and behavioural intentions. Our results indicated that an exculpatory tone, rather than a blaming or neutral tone, did not make participants less resistant to changing their attitudes and behaviours. In fact, participants in the blame condition had significantly stronger explicit intentions to change future behaviour than those in the ‘no feedback’ condition (see experiment 3). These results indicate that considerations of efficacy do not support the need for implicit bias feedback to be exculpatory. We tease out the implications of these findings, and directions for future research. (shrink)

Cette édition numérique a été réalisée à partir d'un support physique, parfois ancien, conservé au sein du dépôt légal de la Bibliothèque nationale de France, conformément à la loi n° 2012-287 du 1er mars 2012 relative à l'exploitation des Livres indisponibles du XXe siècle. Pages de début Préface La section de la ligne dans la République (VI 509d 26-28) Le problème de la mesure dans la perspective de l'Être et du non-Être Sur les principes des mathématiques chez Aristote et Euclide (...) Sur la définition euclidienne de la droite L'analyse et la synthèse selon Ibn al-Haytham Histoire de la théorie des parallèles Implicit versus explicit geometrical methodologies: The case of construction Descartes and Galileo: The quantification of time and force L'analogie et la pensée mathématique La naissance du projectif L'usage philosophique des mathématiques au XVIIesiècle Pages de fin. (shrink)

This book by one of America's preeminent legal theorists is concerned with the conflict between the goals of justice and economic efficiency in the allocation of risk, especially risk pertaining to safety. The author approaches his subject from the premise that the market is central to liberal political, moral, and legal theory. In the first part of the book, he rejects traditional "rational choice" liberalism in favor of the view that the market operates as a rational way of fostering stable (...) relationships and institutions within communities of individuals with broadly divergent conceptions of the good. However, markets are needed most where they are most difficult to create and sustain, and one way to understand contract law in liberal legal theory, according to Professor Coleman, is as an institution designed to reduce uncertainty and thereby make markets possible. Another target of this book is the prevalent view that tort law helps rectify market failures when transaction costs are too high to permit contracting. The author argues instead that tort law should be understood as a way of rectifying wrongful losses not inefficient exchanges. (shrink)

In this paper, I set out some desiderata for a model of implicit cognition. I present test cases and suggest that, when considered in light of them, some recent models of implicit cognition fail to satisfy these desiderata. The test cases also bring to light an important class of cases that have been almost completely ignored in philosophical discussions of implicit cognition and implicit bias. These cases have important work to do in helping us understand both the role of implicit (...) cognition in action and our attempts to combat implicit biases. (shrink)

One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-six of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship.

Reactive emotion accounts hold that blameworthiness should be analyzed in terms of the familiar reactive emotions. However, despite the attractions of such views, we are not persuaded that blameworthiness is ultimately a matter of correctly felt reactive emotion. In this paper, we draw attention to a range of little-discussed considerations involving the moral significance of the passage of time that drive a wedge between blameworthiness and the reactive emotions: the appropriateness of the reactive emotions is sensitive to the passage of (...) time in ways that attributions of blameworthiness are not. There are a number of ways in which reactive emotion accounts might attempt to accommodate the moral significance of time, however. We consider the most important of these, but ultimately find them wanting. Accordingly, we conclude that the prospects for the reactive emotion accounts are bleak. Our argument, if successful, has a range of implications for legal theory, most importantly in providing a novel moral basis for statutes of limitations and in shedding light on new avenues in the theory of criminal law generally. (shrink)

Do participants in shared activity have mutual obligations to do their bit? This article shows this question has no one-size-fits-all answer and offers a pluralist account of the normativity of shared agency. The first part argues obligations to do one's bit have three degrees of involvement in shared activity. Such obligations might, obviously, bolster co-participants’ resolve to act as planned (degree 1). Less obviously, there also are higher and lower degrees of involvement. Obligations to do one's bit might provide our (...) agency-pooling mechanism. When they do, we act together by virtue of satisfying them (degree 2). Conversely, some shared activities involve no obligation (degree 0). In the second part, I argue shared agency theory is best served by a non-moralistic conception of obligation, one on which co-participants’ obligations need be neither strict-performance obligations, nor directed ones. Overall, my arguments suggest that we can choose how to coordinate normatively our shared activities. (shrink)

Relational conceptions of autonomy attempt to take into account the social aspects of autonomous agency. Those views that incorporate not merely causally, but constitutively necessary relational conditions, incorporate a condition that has the form: A necessary condition for autonomous agency is that the agent stands in social relations S. I argue that any account that incorporates such a condition cannot play one of autonomy’s key normative roles: identifying those agents who ought to be protected from paternalistic intervention. I argue, against (...) objections from Oshana, that there are good reasons for maintaining the notion of autonomy in this role, and thus that such relational conceptions should not be accepted. This rejection goes beyond that from John Christman, which holds only for those relational conditions which are value-laden. (shrink)

Jules Coleman, one of the world's most influential philosophers of law, here expounds his recent views on a range of important issues in legal theory. Coleman offers for the first time an explicit account of the pragmatist method that has long informed his work, and takes on the views of highly respected contemporaries such as Ronald Dworkin and Joseph Raz.

Practice-dependent approaches to moral responsibility appeal to our practices of moral responsibility in order to identify and justify the conditions for holding each other responsible. Yet, our practices are shaped by oppressive norms. For example, attributions of praise can be shaped by ableist norms, antifat norms, and norms of toxic positivity. I argue that such cases pose methodological and justificatory challenges for practice-dependent approaches of various stripes. In considering what resources these approaches might have to confront these challenges, I formulate (...) some supplementary norms for theorizing about our practices of moral responsibility and for structuring those practices themselves. This paper makes the following novel contributions: First, it advances examples that show that reactive attitudes can be oppressive irrespective of patterns of comparative distribution. Second, it articulates the implications of oppressive reactive attitudes for a range of post-Strawsonian approaches to moral responsibility. Third, it more fully articulates the norms that ought to shape our responsibility practices and locates them in relation to two recently proposed approaches to moral responsibility, from Shoemaker and Ciurria. (shrink)

This essay is part of a larger project exploring the extent to which the market paradigm might be usefully employed to explain and in some instances justify nonmarket institutions. The focus of the market paradigm in this essay is the relationship between the idea of a perfectly competitive market and aspects of both the rationality of political association and the theory of collective choice. In particular, this essay seeks to identify what connections, if any, exist between one kind of market (...) account of the rationality of political association and one kind of market-based social choice rule. The market theory of political association I intend to discuss I call “market contractarianism,” and the collective choice rule whose relation to it I intend to explore is the unanimity rule. What, if anything, is the relationship between market contractarianism and the unanimity rule? (shrink)

Motivating reforms to address discrimination and exclusion is important. But what epistemic practices characterize better or worse ways of doing this? Recently, the phenomena of implicit biases have played a large role in motivating reforms. We argue that this strategy risks perpetuating two kinds of epistemic oppression: the vindication dynamic and contributory injustice. We offer positive proposals for avoiding these forms of epistemic oppression when confronting racism.

Philosophers have had a lot to say about blame, much less about praise. In this paper, I follow some recent authors in arguing that this is a mistake. However, unlike these recent authors, the reasons I identify for scrutinising praise are to do with the ways in which praise is, systematically, unjustly apportioned. Specifically, drawing on testimony and findings from social psychology, I argue that praise is often apportioned in ways that reflect and entrench existing structures of oppression. Articulating what (...) is going wrong here helps us to see what to do about it. (shrink)

The "Duhem-Quine thesis" says that isolated hypotheses are not singularly verifiable by experience, only the whole body of a theory being able to be subjected to the test of experience. I first examine the rather divergent meanings this thesis takes when it is replaced in the different contexts of Duhem's and Quine'sphilosophies. Secondly, questions are asked about the acceptability of the thesis, its logical strength and its historical soundness. Finally, the consequences of some doubts raised by this inquiry are examined (...) especially with respect to Quine's philosophy. (shrink)

Can implicit biases be properly thought of as epistemic vices? I start by sketching the contours of implicit biases (1), and then turn to the recent claim, from Cassam, that implicit biases are epistemic vices (2). However, I argue that concerns about the stability of implicit biases and their role in producing behavior make for difficulties in establishing that implicit biases of individuals are epistemic vices (3). I then consider a recently developed model which prompts us to consider implicit biases (...) as properties of groups (4). This raises the question of whether implicit biases might constitute collective epistemic vice. I suggest that there is a way to make sense of this claim, but it requires rethinking how we conceptualise collective epistemic vice (5). These re-conceptualisations can be independently motivated. I close by marshalling some considerations in favour of using the terminology of vice to capture these defects of collective epistemic practice (6). (shrink)

The term 'implicit bias' has very swiftly been incorporated into philosophical discourse. Our aim in this paper is to scrutinise the phenomena that fall under the rubric of implicit bias. The term is often used in a rather broad sense, to capture a range of implicit social cognitions, and this is useful for some purposes. However, we here articulate some of the important differences between phenomena identified as instances of implicit bias. We caution against ignoring these differences: it is likely (...) they have considerable significance, not least for the sorts of normative recommendations being made concerning how to mitigate the bad effects of implicit bias. (shrink)

Instead of being embarrassed and uneasy about the implications of the separation thesis, positivists should welcome the fact that they cannot account for the obligatoriness of law. The rule of recognition is only a social rule and introduces no grounds for obligation.

In the present paper it is shown that al-Ämidî has tried to integrate somehow pilosophy into theology in way that reveals closer to al-Ghazâlî's than to F.D. al-Râzî's way of combining both currents of thought. Based on an analysis of several ideas taken from different works it is shown that al-Ämidî not only accepts the logic of the philosophers, but also their views that may be considered as scientifically established beyond any reasonable doubt.

This paper takes as its focus efforts to address particular aspects of sexist oppression and its intersections, in a particular field: it discusses reform efforts in philosophy. In recent years, there has been a growing international movement to change the way that our profession functions and is structured, in order to make it more welcoming for members of marginalized groups. One especially prominent and successful form of justification for these reform efforts has drawn on empirical data regarding implicit biases and (...) their effects. Here, we address two concerns about these empirical data. First, critics have for some time argued that the studies drawn upon cannot give us an accurate picture of the workings of prejudice, because they ignore the intersectional nature of these phenomena. More recently, concerns have been raised about the empirical data supporting the nature and existence of implicit bias. Each of these concerns, but perhaps more commonly the latter, are thought by some to undermine reform efforts in philosophy. In this paper, we take a three-pronged approach to these claims. First, we show that the reforms can be motivated quite independently of the implicit bias data, and that many of these reforms are in fact very well suited to dealing with intersectional worries. Next, we show that in fact the empirical concerns about the implicit bias data are not nearly as problematic as some have thought. Finally, we argue that while the intersectional concerns are an immensely valuable criticism of early work on implicit bias, more recent work is starting to address these worries. (shrink)

Should the state punish its disadvantaged citizens who have committed crimes? Duff has recently argued that where disadvantage persists the state loses its authority to hold individuals to account and to punish for criminal wrongdoings. I here scrutinize Duff’s argument for the claim that social justice is a precondition for the legitimacy of state punishment. I sharpen an objection to Duff’s argument: with his framework, we seem unable to block the implausible conclusion that where disadvantage persists the state lacks the (...) authority to punish any citizen for any crime. I then set out an alternative line of argument in support of the claim that social deprivation can threaten the states legitimate punitive authority. I argue that a penal system must incorporate certain proportionality principles, and that these principles cannot both be met where citizens suffer from deprivation. (shrink)

This chapter contains sections titled: Jurisprudence: Method and Subject Matter Legality and Authority Positivism: Austin vs. Hart The Authority of Law Judicial Discretion Incorporationism and Legality Raz' s Theory of Authority Incorporationism and Authority Conclusion Postscript References.

The last four sections of the first book of Abū al-Barakāt al-Baghdādī’s summa, entitled Kitāb al-Mu‘tabar, deal with dialectics, sophistical refutations, rhetoric, and poetics in full line with Aristotle’s Organon. However, they are not so much based on Aristotle’s works, but on a work of the young Ibn Sīnā, namely al-Ḥikma al-‘Arūdiyya. Both texts have much in common not only in their structure, but also in their very wording. The article presents a basic survey of the correspondences for all four (...) sections and also highlights the most significant differences. However, important part of these differences has a counterpart in an logical text, which is present in the manuscript Nuruosmaniye 4894 and which is, in turn, very close to, albeit not identical, with Ibn Sīnā’s al-Ḥikma al-‘Arūdiyya as conserved in the unique manuscript Uppsala 364. Therefore, it is obvious that Abū al-Barakāt takes over many formulations and, at once, many ideas from Ibn Sīnā. However, he adds clearly personal elements that often seem to have been religiously inspired and, on occasion, consciously returns to Aristotle’s wording. (shrink)

In our racially unjust societies, what should white people do? In this paper, I survey answers to this question that recent work in ethics, social epistemology, and philosophy of race suggests.

The Postscript to The Concept of Law contains Herbert Hart's only sustained and considered response to the objections pressed against his views by his distinguished critic, Ronald Dworkin. In this extraordinary collection, many of the leading legal philosophers in the world evaluate the success of Hart's responses to Dworkin on several of these counts. Notable contributors include Joseph Raz of Oxford University and Jules L. Coleman of the Yale Law School.

Our focus here is on whether, when influenced by implicit biases, those behavioural dispositions should be understood as being a part of that person’s character: whether they are part of the agent that can be morally evaluated.[4] We frame this issue in terms of control. If a state, process, or behaviour is not something that the agent can, in the relevant sense, control, then it is not something that counts as part of her character. A number of theorists have argued (...) that individuals do not have control, in the relevant sense, over the operation of implicit bias. We will argue that this claim is mistaken. We articulate and develop a notion of control that individuals have with respect to implicit bias, and argue that this kind of control can ground character-based evaluation of such behavioural dispositions. (shrink)

Philosophers who have written about implicit bias have claimed or implied that individuals are not responsible, and therefore not blameworthy, for their implicit biases, and that this is a function of the nature of implicit bias as implicit: below the radar of conscious reflection, out of the control of the deliberating agent, and not rationally revisable in the way many of our reflective beliefs are. I argue that close attention to the findings of empirical psychology, and to the conditions for (...) blameworthiness, does not support these claims. I suggest that the arguments for the claim that individuals are not liable for blame are invalid, and that there is some reason to suppose that individuals are, at least sometimes, liable to blame for the extent to which they are influenced in behaviour and judgment by implicit biases. I also argue against the claim that it is counter-productive to see bias as something for which individuals are blameworthy; rather, understanding implicit bias as something for which we are liable to blame could be constructive. (shrink)

Research programs in empirical psychology over the past few decades have led scholars to posit implicit biases. This is due to the development of innovative behavioural measures that have revealed aspects of our cognitions which may not be identified on self-report measures requiring individuals to reflect on and report their attitudes and beliefs. But what does it mean to characterise such biases as implicit? Can we satisfactorily articulate the grounds for identifying them as bias? And crucially, what sorts of cognitions (...) are in fact being measured; what mental states or processes underpin such behavioural responses? In this paper, we outline some of the philosophical and empirical issues engaged when attempting to address these three questions. Our aim is to provide a constructive taxonomy of the issues, and how they interrelate. As we will see, any view about what implicit bias is may depend on a range of prior theoretical choices. (shrink)

Résumé Cet article est une approche stylistique de l’oeuvre de Claude Lévi-Strauss. Partant de l’hypothèse que pour lui le discours des sciences humaines doit rechercher l’homologie structurale avec son objet et le traduire, nous nous proposons d’étudier, dans Tristes tropiques, les Mythologiques et Regarder écouter lire, le style de pensée de Lévi-Strauss dans l’étude des productions artistiques. Or si un discours doit traduire la structure et la forme de mythes comme d’objets non-discursifs tels que des oeuvres plastiques, quelle forme doit-il (...) adopter? Cette recherche est aussi bien formelle que théorique, puisque Lévi-Strauss entend trouver un mode d’écriture qui traduise et rende visible le fonctionnement de l’esprit dans la création. Cet article tente de répondre à cette question en décrivant comment Lévi-Strauss altère progressivement ses modèles stylistiques, plaçant d’abord son écriture sous l’égide de l’analyse structurale, puis de la musique et du mythe, et enfin du collage. (shrink)

For several decades the work of Joel Feinberg has been the most influential in legal, political and social philosophy in the English-speaking world. This 1994 volume honours that body of work by presenting fifteen essays, many of them by leading legal and political philosophers, that explore the problems that have engaged Feinberg over the years. Amongst the topics covered are issues of autonomy, responsibility and liability. It will be a collection of interest to anyone working in moral, legal or political (...) philosophy. (shrink)