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)

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)

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)

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 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)

L’ouvrage de Jean Quétier, Le Travail de parti de Marx. Intervenir dans les organisations ouvrières, publié aux Éditions de la Sorbonne (collection « La philosophie à l’œuvre ») explore de manière inédite les modalités d’interventions politiques de Marx au sein des organisations ouvrières. Parallèlement à ce premier opus, Jean Quétier publie la même année aux Éditions sociales (collection « Les essentielles ») une anthologie de textes de Marx intitulée Sur le parti révolutionnaire. S’ouvrant...

H.L.A. Hart'sThe Concept of Lawis the most important and influential book in the legal positivist tradition. Though its importance is undisputed, there is a good deal less consensus regarding its core commitments, both methodological and substantive. With the exception of an occasional essay, Hart neither further developed nor revised his position beyond the argument of the book. The burden of shaping the prevailing understanding of his views, therefore, has fallen to others: notably, Joseph Raz among positivists, and Ronald Dworkin among (...) positivism's critics. Dworkin, in particular, has framed, then reframed, the conventional understanding, not only of Hart's positivism, but of the terms of the debate between positivists and him. While standing on the sidelines, Hart witnessed the unfolding of not only a lively debate between positivists and Dworkin, but an equally intense one among positivists as to positivism's (and his) core claims. The most important debate has been between so-called inclusive and exclusive positivists: a debate as much about Hart's legacy as about the proper interpretation of legal positivism. (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)

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)

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)

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)

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)

We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

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.

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)

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)

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.

L’érotisme très particulier de la pin-up, celui de la « fille d’à côté », fait de cette figure une icône américaine des années 40 dans l’imaginaire collectif. L’engouement populaire qu’elle suscite, dans ces années là, est réel, notamment aux États-Unis. Pourtant autour de cette simple image de légèreté et d’insouciance, de nombreux enjeux politiques se nouent. Employée de manière massive durant la Seconde Guerre mondiale pour « remonter le moral des troupes » sur le front et à l’arrière, la pin-up, (...) multipliant ses fonctions, devient bel et bien un instrument de stratégie militaire. (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)

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)

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)

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)

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)

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.