I begin by summarizing some of the main features of Buchanan’s account. I argue next that his account gets no support from defeating his envisaged opponent, the Mirroring View of human rights. Then I discuss some general ideas about the concept and different conceptions of human rights before introducing my own conception and explaining why I think it has certain advantages over Buchanan’s. In particular, my account is better suited for the intellectual engagement with China that philosophers should contribute (...) to and whose centrality Buchanan recognizes. (shrink)

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...) cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness ", let alone to the various theories that try to account for these phenomena. -/- The paper is an introduction to a book of the same title. Bringing together leading scholars working on the topic of vagueness in philosophy and in law, the book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive legal ambiguity from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. (shrink)

Vague expressions are omnipresent in natural language. Their use in legal texts is inevitable. A law phrased in vague terms will often leave it indeterminate whether it applies to a particular case. This places the law at odds with legal values. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and allows judges make impartial decisions. Vagueness poses a threat to these ideals. In (...) borderline cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the past two decades. Linguists and philosophers have investigated what distinguishes ‘soritical’ vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of ‘vagueness’, let alone to the various theories that try to account for these phenomena. -/- Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive legal ambiguity from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. -/- The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions suggest that paying greater attention to these phenomena can make lawyers aware of specific issues and solutions as yet overlooked. The third part deals with the pragmatic aspects of vagueness in law and with the professional, political, and moral issues to which such vagueness gives rise. (shrink)

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...) cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness ", let alone to the various theories that try to account for these phenomena. -/- Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to. (shrink)

This volume highlights important aspects of the complex relationship between common language and legal practice. It hosts an interdisciplinary discussion between cognitive science, philosophy of language and philosophy of law, in which an international group of authors aims to promote, enrich and refine this new debate. Philosophers of law have always shown a keen interest in cognitive science and philosophy of language in order to find tools to solve their problems: recently this interest was reciprocated and scholars from cognitive science (...) and philosophy of language now look to the law as a testing ground for their theses. Using the most sophisticated tools available to pragmatics, sociolinguistics, cognitive sciences and legal theory, an interdisciplinary, international group of authors address questions like: Does legal interpretation differ from ordinary understanding? Is the common pragmatic apparatus appropriate to legal practice? What can pragmatics teach about the concept of law and pervasive legal phenomena such as testimony or legal disagreements? (shrink)

V. Hösle’s most important philosophical contribution is in his systematic attempt at grasping the philosophical problems, especially ontological, axiological and ecological ones, as one whole. The author examines several of these problems, especially with regard to the universalistic conception of ethics and the relationship between nature and spirit as manifested in the particular spheres of Hösles’s philosophical concern: his conception of the ecological crisis as a metaphysical one, the meaning of natural law, the question of collective indentities (...) etc. In conclusion the author outlines his vision of an ethics for the 21st century including its political dimension. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from (...) its proper setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

What is said can be understood only when seen in the context of what is not said. Many ancient and medieval philosophers use this dynamic of presence and absence. Gray shows how each author amplifies meaning in the distance between what he puts into his work and what he leaves unsaid.

The book examines what advocates of the law of karma mean by the doctrine, various ways they interpret it, and how they see it operating. The study investigates and critically evaluates the law of karma's connections to significant philosophical concepts like causation, freedom, God, persons, the moral law, liberation, and immortality. For example, it explores in depth the implications of the doctrine for whether we are free or fatalistically determined, whether human suffering can be reconciled with cosmic justice, the (...) nature of the self, and the character of moral experience. (shrink)

Criminal law operates under the assumption that persons have the capacity for free, voluntary choice. However, since the concept of free will and self-determination may be understood in a variety of ways, it must be made the subject of philosophical scrutiny if it is to provide a solid foundation for law. This paper will present two major philosophical concepts of self-determination and evaluate their utility for criminal law. The conclusion delineates the possibilities and limitations of these concepts (...) when applied in particular to the field of criminal law. (shrink)

The history of philosophical thought has often been compared to a comedy of errors, and is one of the most important dimensions of the intellectual history of mankind. Quests for a correct view of the world and tragic mistakes, the polarization of philosophy into mutually exclusive trends, which is sometimes thought of as a permanent scandal in philosophy — these are not merely the searchings and sufferings of individual thinkers. This is the intellectual odyssey of mankind, and those to (...) whom it appears a farce apparently interpret the tragic only as the idols of the theater. But the fact is that antinomies, crises, retracing of steps, the discarding of real truths in favor of erroneous concepts long since refuted but stubbornly taken as true — are these things characteristic of philosophy alone? Philosophy is the intellectual image of mankind, and the contradictions of its development are of no small importance to the intellectual biography of humanity. (shrink)

John Dewey, one of the most important thinkers of pragmatism, elaborated a specific conception of law partially and gradually in the long course of his intellectual career. This part of his broader philosophical outlook is analyzed here through one of its most important segments - application of law - and interpreted in its historical, social and cultural background. The first part of the article concentrates on the 'objective' reasons for giving emphasis to the application of law in his legal (...) philosophy. This domination of the application of law in his legal thought is derived from the needs of a rapidly changing structure of the American society in the first half of the XX century, and theoretically has its place in an all around phenomenon in American intellectual history in general that Morton White terms antiformalism. The second part of the article analyses his legal conceptions and their connection with the general philosophical position of this pragmatist. Dewey formed his conception of application of law as an integral part of his broader philosophical standpoint, and especially on the basis of his radical reinterpretation of logic and truth. Since his understanding of the legal process has roots in his experimentalist conception of logic that encompasses the apprehension of the process of experimentation as the only warrant for the validity of propositions, he regards application as conditio sine qua non of the legality of norms in general. This leads us to the last part of the article that scathes possible lines of critical approach to Dewey's work in this field. The view that the legality of norms is derived from their application is in legal theory often regarded as sociologism, inasmuch as it disregards the normative aspects of the legal process and emphasizes the social ones to the point of making it void of the normative aspects in the totality of the process itself. The proper understanding of possible lines of criticism of Dewey's standpoints in legal philosophy guides us back again to confront his conceptions with their cultural background, with which the article begins. Autor se u clanku bavi koncepcijom primjene prava u filozofiji Dzona Djuija, pragmatiste bez presedana u obuhvatnosti i temeljnosti bavljenja filozofskim problemima, cije je misljenje na ovim prostorima rijetko bilo predmet razmatranja. Zamisljen kao uvodno ispitivanje filozofsko-pravne problematike u Djuijevoj filozofiji, clanak u prvom dijelu razmatra odnos njegove filozofije prava i americkog kulturnog konteksta. U drugom dijelu je izlozeno Djuijevo shvatanje primjene prava i konfrontirano je s njegovim opstim filozofskim tezama, u prvom redu s koncepcijom logike kao 'ispitivanja ispitivanja'. Konacno, autor pokusava da ocrta osnovne smjernice kritickog pristupa Djuijevim rjesenjima filozofsko-pravnih problema. (shrink)

Fisher, Wright and Haldane are the main founders of population genetics, a central part of the Modern Synthesis. In addition to their scientific writings, each of them published philosophical writings presenting a certain conception of nature and evolution. However, a comparative study of these conceptions leads to a surprising result. First, Fisher, Wright and Haldane do not share the same overall conception of evolution. What is more, Wright and Haldane’s conceptions introduce elements that are foreign or opposed to Darwinism, (...) such as the hypothesis of intentional forces, or that of a general directionality of evolution. In this sense, this study challenges the traditional narrative of unification held by some synthetists or historians. It shows that, among the synthetists, a wide variety of ideas on evolution continued to exist. First, I explain that, on the basis of an emergentist philosophy of nature, Fisher develops a philosophy of evolution consistent with Darwinism, in the sense that, for him, the main cause of evolution is natural selection. In a second step, I attempt to show that Wright’s panpsychist philosophy leads him to hypothesize that the creativity at work in evolution depends essentially on purposeful forces intrinsic to organisms, at all levels of organization in nature. In a third step, I attempt to show that, on the basis of a philosophy that is also panpsychist, Haldane hypothesizes that some laws of organization of matter give evolution a general orientation towards more complexity and mind. At the end of the chapter, I discuss the interest of taking into account the philosophy of nature and evolution defended by these biologists. (shrink)

This paper considers the philosophical foundations of the law relating to migration. It examines the kinds of reasons that might justify the restriction of liberty as people move about on the face of the earth—something humans have done since time immemorial. The paper also examines the various interests that might be at stake in moral calculations regarding migration: economic interests, cultural interests, religious interests, or just sheer preferences. Drawing on the work of Locke, Kant, and Sidgwick, it considers conceptions (...) like common ownership of the earth, the right of hospitality, and the difference between defending property and restricting access to economic interaction. The paper also considers the ambiguity of the commonly heard slogan that states by definition have a right to control their borders. (shrink)

Today’s social, economic, ecological and political state-of-affairs, the lack of confidence in business and political leaders and the associated rise of populist parties pose new and structurally different challenges to mankind. They are likely to be deepened in the course of the implementation of the Agenda 2030 for Sustainable Development. While all societal actors are called upon to reflect on their contribution to necessary reforms, business has a particularly important role to play. Competing with integrity today means much more than (...) compliance with law and regulation. The article discusses the necessity of top manager’s reflection on values and coherent practical action and uses the World Ethos body of thought as a compass. It also draws attention to the complexity of such a values management and stresses the importance of ethical leadership. (shrink)

Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law takes up the fundamental question "What is law?" through a consideration of the interrelation of the concepts of law, person, and community. As with the concept of law described by secular legal theorists, canon law aims to set a societal order that harmonizes the interests of individuals and communities, secures peace, guarantees freedom, and establishes justice. At the same time, canon law rests upon a traditional understanding (...) of the spiritual end of the human person and religious nature of community.The comparison of one of the world's ancient systems of religious law with contemporary conceptions of law rooted in secular theory raises questions about the law's power to bind individuals and communities. Professor John J. Coughlin employs comparative methodology in an attempt to reveal the differing concepts of the human person reflected in both canon law and secular legal theory. Contrasting the contemporary positivistic view of law with the classical view reflected in canon law, Law, Person, and Community discusses the relationship between canon law, theology, and natural law. It also probes the interplay between the metaphysical and historical in the theory of law by an examination of canonical equity, papal authority, and the canon law of marriage. It juxtaposes the assumptions of canon law about church-state relations with those of the modern liberal state as exemplified by U.S. first amendment jurisprudence. No scholarly work has yet addressed this question of how the principles and substance of canon law, both past and present, relate to current issues in legal theory, such as the foundation of human rights and in particular the right of religious freedom for individuals and communities. (shrink)

The law of God: these words conjure an image of Moses breaking the tablets at Mount Sinai, but the history of the alliance between law and divinity is so much longer, and its scope so much broader, than a single Judeo-Christian scene can possibly suggest. In his stunningly ambitious new history, Rémi Brague goes back three thousand years to trace this idea of divine law in the West from prehistoric religions to modern times—giving new depth to today’s discussions about the (...) role of God in worldly affairs. Brague masterfully describes the differing conceptions of divine law in Judaic, Islamic, and Christian traditions and illuminates these ideas with a wide range of philosophical, political, and religious sources. In conclusion, he addresses the recent break in the alliance between law and divinity—when modern societies, far from connecting the two, started to think of law simply as the rule human community gives itself. Exploring what this disconnection means for the contemporary world, Brague—powerfully expanding on the project he began with _The Wisdom of the World_—re-engages readers in a millennia-long intellectual tradition, ultimately arriving at a better comprehension of our own modernity. “Brague’s sense of intellectual adventure is what makes his work genuinely exciting to read. _The Law of God_ offers a challenge that anyone concerned with today’s religious struggles ought to take up.”—Adam Kirsch, _New York__ Sun_ __ “Scholars and students of contemporary world events, to the extent that these may be viewed as a clash of rival fundamentalisms, will have much to gain from Brague’s study. Ideally, in that case, the book seems to be both an obvious primer and launching pad for further scholarship.”—_Times Higher Education Supplement_. (shrink)

Maimonide, philosophe dans la mouvance d'al-Farabi, etait medecin, informe des mathematiques et maitre de la litterature talmudique. Ce livre a pour ambition d'examiner les liens entre philosophie et science dans l'oeuvre de Maimonide, et aussi de placer celle-ci dans son veritable contexte historique entre Cordoue et Le Caire au XIIe siecle. Les etudes rassemblees ici explorent plusieurs facettes de cette oeuvre: logique, savoir et philosophie mathematiques, ecrits medicaux, conception du libre-arbitre ou des rapports entre nature et loi... Elles examinent aussi (...) l'impact qu'a eu l'oeuvre de Maimonide en arabe, en hebreu et en latin. Maimonides, a philosopher in the tradition of d'al-Farabi, was a physician, well-informed in mathematics, and a master of Talmudic literature. The goal of this book is to examine the links between philosophy and science in Maimonides' work, and also to situate it within its genuine historical context, between Cordoba and Cairo in the 12th century. The studies collected here explore several facets of this work: logic, mathematical knowledge and philosophy, medical writings, conception of free will and of the relations between nature and law, etc. They also examine the impact of Maimonides' work on Arabic, Hebrew, and Latin scientific and philosophical literature. (shrink)

Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of (...) Legal Obligation : Social Pressure, Coercive Enforcement, and the Legal Obligations of Citizens -- Law and the Entitlement to Coerce -- Part III. Conceptual Analysis -- Farewell to Conceptual Analysis (in Jurisprudence) -- What Do We Want Law to Be? Philosophical Analysis and the Concept of Law -- Part IV. New Directions -- Legal as a Thick Concept -- Making Old Questions New : Legality, Legal System, and State -- Legal Disagreements and the Dual Nature of Law -- Is There One Right Answer to the Question of the Nature of Law? (shrink)

This essay poses a critical response to Strauss’ political philosophy that takes as its primary object Strauss’ philosophy of Law. It does this by drawing on recent theoretical work in psychoanalytic theory, conceived after Jacques Lacan as another, avowedly non-historicist theory of Law and its relation to eros. The paper has four parts. Part I, ‘The Philosopher’s Desire: Making an Exception, or “The Thing Is...’’’, recounts Strauss’ central account of the complex relationship between philosophy and ‘the city’. Strauss’ Platonic conception (...) of philosophy as the highest species of eros is stressed, which is that aspect of his work which brings it into striking proximity with the Lacanian-psychoanalytic account of the dialectic of desire and the Law. Part II, ‘Of Prophecy and Law’, examines Strauss’ analysis of Law as first presented in his 1935 book, Philosophy and Law, and central to his later ‘rebirth of classical political philosophy’. Part III, ‘Primordial Repression and Primitive Platonism’, is the central part of the paper. Lacan’s psychoanalytic understanding of Law is brought critically to bear upon Strauss’ philosophy of Law. The stake of the position is ultimately how, for Lacanian psychoanalysis, the Law is transcendental to subjectivity, and has a founding symbolic force, which mitigates against speaking of it solely or primarily in terms of more or less inequitable ‘rules of thumb’, as Plato did. Part IV, ‘Is the Law the Thing?’ then asks the question of what eros might underlie Strauss’ paradoxical defense of esoteric writing in the age of ‘permissive’ modern liberalism – that is, outside of the ‘closed’ social conditions which he, above all, alerts us to as the decisive justification for this ancient practice. (shrink)

This volume seeks to bring the concepts and doctrines of property law into the philosophy of property. It offers contributions from leading theorists of property law. The papers serve as introductions to many facets of philosophical work grounded in the law of property and as cutting edge contributions to the scholarly literature.

Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity _in (...) practice._ Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. _Contributors._ Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson. (shrink)

"Law and Economics has become an established field worldwide and it may be argued that it is one of the few examples of a successful interdisciplinary project. This book explores whether, or to what extent, that interdisciplinarity has indeed been a success. It provides insights on the foundations and methods, achievements and challenges of Law and Economics, at a time when both the continuing challenges to academic economics and the growth of empirical legal studies raise questions about the identity and (...) possible further developments of the project. Through a combination of reflections on long-term trends and detailed case studies on current developments, contributors to this volume analyse whether and in which sense Law and Economics is a successful interdisciplinary endeavour. Inspired by insights from the philosophy of social sciences, the book shows how concepts travel between legal scholarship and economics, how they change meanings when applied elsewhere, how economic theories and models inform, and transform, judicial practice, and addresses whether the transfers of knowledge between economics and law are symmetrical exchanges between the two disciplines"--. (shrink)

Charles Foster and Jonathan Herring are to be congratulated on their useful presentation of the roles played by concepts of personhood and identity in English medical law. 1 However, I fear that the project they have undertaken here is misconceived. It is an interesting and important misconception, which is widely shared in the literature on medical law and ethics; but a misconception it remains. The problem is this. What we call ‘the Law’ is in fact a complex assemblage of institutions, (...) rules, accredited persons, practices and systems. What it is not is a self-sufficient, integrated and self-interpreting system of doctrine. As such it does not have a clear structure which we can excavate and the idea that we can find concepts which explain and unify that structure at some deep level is thus quixotic. To approach ‘the Law’ in that way is to pursue a chimaera. We should instead... (shrink)

This volume in the Clarendon Edition of the Works of Thomas Hobbes contains A dialogue between a philosopher and a student, of the common laws of England, edited by Alan Cromartie, supplemented by the important fragment "Questions relative to Hereditary Right," discovered and edited by Quentin Skinner. As a critique of common law by a great philosopher, the Dialogue should be essential reading for anybody interested in English political thought or legal theory. Cromartie has established when and why the work (...) was written and has supplied extensive annotation (along with a substantial introduction) to make the work accessible to the non-specialist reader. The additional piece sees Hobbes mounting a robust defense of hereditary right, in the course of which he also makes some important general observations about the concept of a right. It is also of special interest as it constitutes Hobbes's last word on politics. (shrink)

Ever since Kant, mainstream moral philosophy has been more or less animated by the mission of discovering inescapable law-like rules that would provide a binding justification for morality. Recently, however, more and more authors have started to question a) whether this is possible, and b) what could this project, after all, achieve? An alternative vision of the task of moral philosophy starts from the pragmatic idea that philosophizing begins and ends in the actual human experience. It leads into a view (...) where morality is seen as a ‘social technology’ that aims to make living together possible, and strengthen people’s capability to live a good life within a society. Moral rules, then, are tools that we use to influence our behavior for the better. The role of moral philosophy is, accordingly, to develop further our moral tools, to propose solutions that enhance people’s capabilities to live good lives. In other words, moral philosophers become ethical engineers that use their expertise in ethical topics to criticize existing ‘moral technology’ and construct new concepts and theories that better answer the current challenges for living a good life. (shrink)

This inquiry examines various philosophical conceptions of identity and the clash between different identity narratives in the history of philosophy. The main goal of this paper is to show how the European philosophical idea of identity was developed. This paper explores the emergence of European philosophical identity narratives, which have shaped the ideas of justice, truth and community in Europe. It studies the foundational identity narratives that underlie the contested idea of a shared European heritage in law (...) and culture, such as the ideas of equality, tolerance, rule of law, pluralism and the rejection of totalitarianism, and their relevance for current debates on philosophical ideas of self and identity. Identity is an open process. It is a dynamic hermeneutic category, which is constantly reinterpreted and reinvented. There are various philosophical traditions of Cogito – some of them perceive it as foundation of all knowledge and some of them perceive it as a mere illusion. In all these philosophical perspectives, the self is understood only through interpretation. The self is constituted as a narrative, as a text. Understanding oneself means understanding oneself in front of a text. The self is reinterpreted all over again only in light of narratives provided by culture. The task of hermeneutics is not only understanding of a subject, but also rethinking the subject. (shrink)

I would like to present a partial account of an investigation into scientifically and philosophically significant changes which quantum physics has made necessary in our views of time. In some cases, these changes resulted from discoveries of new aspects of time, as illustrated by the so-called “T.C.P. Theorem” due to Schwinger, Pauli and Lüders. Their finding determines the transformation of the quantum state of any physical system resulting from a reversal of the direction of time, followed by a reorientiation of (...) the dimensions of space and the replacement of each particle in the system with its antiparticle. A relativistic interpretation of the T.C.P. Theorem in Section III will show that it amounts to the universal interrelatedness of time, space and matter. In other cases, the changes in the scientific concept of time follow from the availability of new methods provided by quantum physics rather than from discoveries of unknown aspects of time. These methods may be applied to issues which bothered philosophers and physicists obsessed with the enigma of time long before Planck’s quantum of action started our century. The quantum approach of von Neumann, Pauli, Fierz and Lüdwig to the second law of thermodynamics and the associated irreversibility or asymmetry of time illustrate the use of the new methods for the solution of old problems of time. The relevance of quantum physical methods to the problem of reality of time will be shown in the last section of this paper. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l (...) 990s, the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

This research aims to identify and elaborate on the philosophical issues inherent in the concept of the Profil Pelajar Pancasila (Pancasila Student Profile) as the epitome of human idealism in Pancasila intended for implementation through educational means in Indonesia. This matter holds significance for examination due to the Pancasila Student Profile serving as the ultimate destination or objective of the complete educational system in Indonesia. Philosophical scrutiny of this concept is imperative to ensure alignment between the (...) Pancasila Student Profile and the notion of the Indonesian ideal individual in line with Pancasila’s principles. This investigation adopts a qualitative method to delve into philosophical quandaries within this domain. The data utilized in this research comprises literary works addressing the Pancasila Student Profile, which are then philosophically scrutinized based on four key attributes: radical, critical, systematic, and comprehensive. The findings of this study reveal a philosophical dilemma within the Pancasila Student concept, specifically the underrepresentation of two vital dimensions of human nature in Pancasila, namely materiality and individuality. Consequently, it is recommended that a reassessment and restructuring of the Pancasila Student Profile concept be undertaken to ensure the realization of the ideal human archetype of Pancasila without straying from the educational objectives outlined in Law No. 20 of 2003 regarding the National Education System. (shrink)

This volume offers a selection of significant and influential research articles from the contemporary philosophical debate over the fundamental concepts and structures of Anglo-American criminal law. The articles consider the moral legitimacy of punishment, excuse and justification defenses and the conundrums of attempt liability, the bases of culpability and criminal responsibility and the appropriate limits of the criminal law. The introduction clarifies the contexts in which these subjects are discussed, and the volume includes an extensive bibliography.

This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in criminal (...) law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of private and public actors. It is in this sense that cruelty is a problem of practical reason, one of action preoccupied with its legal or moral obligations, rational grounds, value commitments, and actual consequences. -/- However, the connection between conceptions of cruelty and the implications practical reason can draw from the correct application of a conception of cruelty to phenomena in the world remains too detached to be able to capture and explain people's actual experiences both of seeing cruelty in the world and of confronting the question of what to do about cruelty and how to address its cultural and institutional aspects. Something is missing. -/- What is missing is the integration of conceptions of cruelty and the practical reason implications of detecting cruelty in the world into normative models which operate as meaning matrixes for cognition, meaning, and action. This Article undertakes this explanatory task through an exercise of reconstructing seminal philosophical ideas about cruelty. The result is that the four conceptions of cruelty are placed within three distinct normative models, which ultimately render intelligible legal conceptions of cruelty and legal reactions to it. (shrink)

The contemporary secularism is found to be a philosophy of life “as if there were no God” or a kind of ideology, which demands an absolute autonomy of human being to shape his destination. In the philosophy of Descartes at least three sources of secularism could be found: his theory of cognition which resulted in developing other than the classical concept of truth and rationality; his metaphysics; his arguments for the existence of God and in his concept of (...) the nature of God. Karl Marx’s criticism of religion was a next powerful factor on the advance of secularism. Marx makes the charge against the religion that it acts to reinforce the break down the conscience of man living in the modern society, into a public and a private realm. The widest criticism of religion was made by Marx in: Acontribution to the Hegel’s criticism on the philosophy of law”. Especially its first seven paragraph, are particularly important in view of the advance of secularism. F. Nietzsche undermines metaphysics by showing that knowledge of a non-empirical world is cognitively superfluous. He makes clear that he has moved beyond the assumption that there might be a metaphysical world to a positing of the empirical world as the only one. Nietzsche considers that the notion of God is inimical to human nature and human life. Is this really so in reality? Is Nietzsche’s consideration about God and religion in any way applicable to our own age? (shrink)

Ever since Kant, moral philosophers have been more or less animated by the mission of discovering inescapable law-like rules that would provide a binding justification for morality. Recently, however, many have started to question whether this is possible and what, after all, this project could achieve. An alternative vision of the task of moral philosophy starts from the pragmatist idea that philosophizing begins and ends in human experiencing. It leads to a view where morality is seen as a “social technology” (...) that aims to make living together possible, and strengthens people's capability to live a good life within a society. The role of moral philosophy is, accordingly, to develop our moral tools further. Moral philosophers become ethical engineers who use their expertise in ethical topics to criticize existing “moral technology” and construct new concepts, tools, and theories that better answer the current challenges for living a good life. (shrink)

Esoteric versus latent teaching -- The disclosure of hidden providence -- Show and tell: the concept of teaching in St. Augustine's De Magistro -- Philosophy and belief -- Cicero and the philosophy of religion -- Newman and Augustine: the narrative of conversion -- Proof and presence -- Hume's unnatural religion (some humean footnotes) -- Religion and natural law -- American reflections on a century of Catholic social teaching.

As an extension of the traditional theory of the syllogism, Leibniz’s algebra of concepts is built up from the term-logical operators of conjunction, negation, and the relation of containment.Leibniz’s laws of consistency state that no concept contains its own negation, and that if concept A contains concept B, then A cannot also contain Not-B. Leibniz believed that these principles would be universally valid, but he eventually discovered that they have to be restricted to self-consistent concepts.This result is (...) of utmost importance for the philosophical foundations of connexive logic, i.e. for the question how far either “Aristotle’s Thesis”, ¬(α → ¬α), or “Boethius’s Thesis”, (α → β) → ¬(α → ¬β), should be accepted as reasonable principles of a logic of conditionals. (shrink)

Altmann, a mathematical physicist (Oxford U.) provides a philosophical framework for educated lay readers to understand the meaning of natural law, the scientific method, and causality in science. Reviewing the classical approach to time, space, and the laws of mechanics, he also explains key modern concepts such as randomness, probability, the nature of mathematics, Godel's theorems, and quantum mechanics. Altmann considers the reactions of various philosophical schools--including idealism, physicalism, cultural relativism, and social constructivism--to scientific developments. Annotation copyrighted by (...) Book News Inc., Portland, OR. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Toward a Philosophical Anthropology of Nonhuman AnimalsKalpana SeshadriIn medieval iconography, the ape holds a mirror in which the man who sins must recognize himself as simian dei [ape of God]. In Linnaeus’s optical machine, whoever refuses to recognize himself in the ape, becomes one: to paraphrase Pascal, qui fait l’homme, fait le singe [he who acts the man, acts the ape].—Giorgio Agamben, Man and Animal[It is] then, not (...) just about animals. It concerns whether or not we can conceive of ethical relationships beyond either continuism or separatism, beyond identity politics or abyssal alterity.—Kelly Oliver, Animal LessonsI owe a deep debt of gratitude to the authors of the four provocative and challenging papers on HumAnimal: Race, Law, Language, not only for their thoughtful consideration of my work, but for pinpointing and interrogating an uncertain “failure” in my text, namely the absence of the animal as such. David Wood asks if it would be unfair to characterize HumAnimal as a work of “anthropocentric posthumanism.” Ellen Armour, too, wonders about animals and where they figure in my project. She suggests that HumAnimal doesn’t “quite cross the putative line between humans and animals as such,” but [End Page 197] she immediately and generously qualifies the observation as a “good thing, a productive thing.” Rebecca Tuvel, on the other hand, worries that in following Agamben, I appear to uphold “the binary logic that posits animals in opposition to humans because they lack language.” Animals, she suggests, “do seem to communicate with us in important ways, ways that are worth hearing.” These astute comments undoubtedly hit the mark; HumAnimal has nothing to say about animals as such, and despite the lure of the title, there is nary a squeak nor a snout that scuttles between the covers.Rather than explain or defend this absence, let me turn to the title of this response: Why a philosophical anthropology rather than a zoology of animals? Obviously, there is a paradox inherent in calling for an anthropology of autozoōn, instead of a philosophical zoology. The latter would perhaps entail theories of evolution and animal behavior, research areas better left to natural scientists than to philosophers and critical thinkers. The problem with zoology is the way in which the philosophical question is supplanted by biological fact. An anthropology of animals on the other hand, would mean that we focus on the question of what it means to be something. In other words, my sense is that the question of the animal in philosophy can only be raised as a question of human propriety. To lose sight of the fraught co-implication of human propriety and animal alterity is to lose sight of the contribution that philosophy can make to hum(an)animal studies. Thus, where the animal is concerned what we must think is not merely whether the animal has language, whether we are in some kind of biological or social continuity with it, or whether between the animal and human is a condition of implacable alterity, a gulf that cannot be breached. We must also think the kind of necessity charged by the animal as such for thought or for any thinking to take place, and for any interrogation of (human) being. In other words, to follow Derrida in his deconstruction of the animal as such, the animal that is only a word, (l’animot) an abstraction that refers to nothing and everything, an idea of nonhuman life predicated on the ideal of man, must we not abandon, once and for all, the natural attitude toward animals? Must we not begin with the acknowledgment that the animal as such cannot be spoken of, that animals as such do not exist, but what exists is the signifier “animal” as the necessary correlative to any thought, construction or deconstruction of human-being? And that now in our current epoch of posthumanism, the strategic concept of “the natural animal” serves as an inconceivable ideal directing our ethics and our politics? Thus, I suggest that what we must contend with today, what must be encountered not once and for all but repeatedly, is the logical non sequitur that confronts us; that is... (shrink)

Neuroethics studies the ethical, social, and legal issues raised by actual or expected advances in neuroscience. The relevant fields in neuroscience include, but are not limited to, neuroimaging, cognitive neuroscience, neuropsychopharmacology, neurogenetics, and neuropsychiatry. For many, neuroethics is best understood as a subcategory of bioethics, and although not all agree, for the purposes of the present collection of articles, this definition is assumed. Although bioethics as a field of study started in the early 1970s as a normative enterprise, mainly practiced (...) by philosophers and theologians, it has since become truly inter- and multidisciplinary, comprising also law, sociology, psychology, gender studies, disability studies, anthropology, history, and many other approaches. What we particularly wanted to do in this issue, however, was to find the most pertinent questions of neuroethics from the viewpoint of philosophy, and the call for papers was drafted accordingly.Tuija Takala, Ph.D., is Academy Research Fellow at the Academy of Finland and Adjunct Professor of Social and Moral Philosophy at the University of Helsinki, Finland. She is president-elect of the European Society for Philosophy of Medicine and Health Care and holds a number of international editorial positions. Her current research interests lie in the conceptual, methodological, and theoretical aspects of philosophical bioethics.FootnotesThe editorial work for this special issue was supported by my project Neuroscience and Norms: Ethical and Legal Aspects of Norms in Neuroimaging / Ethical Concepts and Norms funded by the Academy of Finland. (shrink)

A full appreciation for Ernst Mach's doctrine of the economy of thought must take account of his direct realism about particulars (elements) and his anti-realism about space-time laws as economical constructions. After a review of thought economy, its critics and some contemporary forms, the paper turns to the philosophical roots of Mach's doctrine. Mach claimed that the simplest, most parsimonious theories economized memory and effort by using abstract concepts and laws instead of attending to the details of each individual (...) event or experiment. For Mach, the individual case never truly repeated in all of its uniqueness, nor was all of the individual detail of a physical element adequately captured in abstract laws and schemata, however necessary these were for the pursuit of science. As can be shown from specific passages, some already published, some not, Mach's elements included physical qualia in nature similar to Russell's unsensed sensibilia, which existed even where there were no conscious observers. An argument will be presented to make the case that Mach believed in the mind-independent elements from the 1870s on, while other aspects of his thought evolved over time; I have thus dated the references to reflect this historical progression. I concentrate on Mach's ontology, as it bears on economy of thought, not his epistemology per se, which might well have been restricted to observable elements/sensations. After his own conversion to neutral monism, in the 1920s, Bertrand Russell echoed Mach's call for a 'future science' capable of handling the 'intrinsic character' of qualitative data directly without the excessive abstraction of physics. (shrink)

"Plato's Statesman reconsiders many questions familiar to readers of the Republic: questions in political theory - such as the qualifications for the leadership of a state and the best from of constitution (politeia) - as well as questions of philosophical methodology and epistemology. Instead of the theory of Forms that is the centrepiece of the epistemology of the Republic, the emphasis here is on the dialectical practice of collection and division (diairesis), in whose service the interlocutors also deploy the (...) ancillary methods of myth and of models (paradeigmata). Plato here introduces the doctrine of due measure (to metrion) and a conception of statecraft (politikē) as an architectonic expertise that governs subordinate disciplines such as rhetoric and the military - doctrines later developed by Aristotle. Readers will find a sustained defence of the importance of expertise (technē or epistēmē) in the conduct of affairs of state, a robust (although not unqualified) defence of the rule of law, and an unsparing but nuanced critique of democratic government. The chapters in this volume provide a comprehensive and detailed philosophical engagement with the entirety of Plato's wide-ranging dialogue, with successive chapters devoted to the sections of the dialogue as it unfolds, and an introduction that places the dialogue in the context of Plato's philosophy as a whole. While not a commentary in the traditional sense, the volume engages with Plato's Statesman in its entirety" -- Publisher's description. (shrink)

In recent years there has been a significant growth in interest of the so-called 'law in context' extending legal studies beyond black letter law. This book looks at the relationship between statute law and legal practice. It examines how law is applied in reality and more precisely how law is perceived by the general public in contrast to the legal profession. The authors look at a number of themes that are central to examining ways in which myths about law are (...) formed, and how there is inevitably a constitutive power aspect to this myth making. At the same time they explore to what extent law itself creates and sustains myths. The book will be of general interest to a number of different disciplines such as legal theory, general law, criminology and sociology. (shrink)

Scientific activity produces results of various types. In particular, science produces a special kind of knowledge or knowledges, assumed to be different from knowledge or common sense knowledge, from everyday experience and formulated in ordinary language; a more systematized knowledge, with greater range and accuracy, and intersubjectively controllable. To produce this kind of knowledge (or knowledge), we introduce new concepts, formulate hypotheses and laws and, ultimately, construct theories, being the result of a practice or specific activity, considering science as (perhaps), (...) the supreme intellectual achievement of mankind. Thus, philosophical theorizing of science, or “philosophy of science”, is characterized by the development of interpretative conceptual frameworks of philosophical character, in order to understand science. Philosophy of science is, not just part of metascience, but also a part of philosophy, precisely that which is responsible for analyzing science. (shrink)

This volume presents philosophical contributions examining questions of the grounding and justification of taxation and different types of taxes such as inheritance, wealth, consumption or income tax in relation to justice and the concept of a just society. The chapters cover the different levels at which the discussion on taxation and justice takes place: On the principal level, chapters investigate the justification and grounding of taxation as such and the role taxation plays and should play in the design (...) of justice, be it for a just society or a just world order. On a more concrete level, chapters present discussions of these general reflections in more depth and examine different types of taxation, tax systems and their design and implementation. On an applied level, chapters discuss certain specific taxes, such as wealth and inheritance taxes, and examine whether or not a certain tax should be favored and for what reasons as well as why it is just to target certain kinds of assets or income. Finally, this volume contains chapters that discuss the central issue of international and global taxation and their relation to global justice. (shrink)

The central philosophical issue confronting neurolaw is whether we can reconcile the conception of ourselves as free, responsible agents with the conception of ourselves as complex physical machines. This book develops and defends an account of free and responsible agency that shows how such reconciliation is possible.

In this book the author investigates what is common to the German idea of the Rechtsstaat and the Anglo-American idea of the Rule of Law. He argues that, although dressed up in rather different garb, these two concepts are in fact based on the same fundamental idea and stand for the same values ("the law-state values") - all ideas that are in the European tradition older than their British and German variants. The fundamental idea is that the individual shall enjoy (...) legal protection against infringements brought about by the exercise of power on the part of the state. In the book basic concepts such as legality, legal equality, legal certainty, legal accessibility and legal security are investigated. Also explored are their mutual relations, in particular, conflicts between them. Furthermore, the book offers practical advice on realising and sustaining these values in practice. Finally, it is argued that the characteristic law-state values can only be justified by reference to an even more fundamental humanistic idea, namely, what the author calls "a life of human dignity".. (shrink)

This book is a large-scale historical reconstruction of liberal legalism, from its inception in the mid-nineteenth century, the moment in which the jurists forged the alliance between political liberalism and legal expertise embodied in classical private law doctrine, to the contemporary anxiety about the possibility of both a liberal solution to the problem of political justification and of law as a respectable form of expert knowledge. Each stage in the history is a moment of synthesis between a substantive and a (...) methodological idea. The former is the liberal political theory of the period, purporting to provide a solution to the problem of political justification. The latter is a conception of legal method or science, supposedly vindicating the access of the expert to the political choices embodied in the law. Thus, each moment in the history of liberal legalism integrates a political theory with a jurisprudential conception. Although it reaches the unsettling conclusion that liberal legalism has largely failed by its own standards, the book urges us to avoid quietism, skepticism or cynicism, in the hope that a deeper understanding of the fragility of our values and institutions inspires a more thoughtful, broadminded and nurtured citizenship. (shrink)