Frederick Pollock and the English Juristic Tradition provides the first detailed historical account of one of England's great jurists. Drawing upon a vast array of sources, Neil Duxbury examines Pollock's career, jurisprudence, philosophy of the common law, treatise writing, and editorial initiatives, and shows that Pollock's contribution to the development of English law and juristic inquiry is both complex and crucial.Readership: Scholars and students of legal history and legal thought, barristers, and judges.

In Elements of Legislation, Neil Duxbury examines the history of English law through the lens of legal philosophy in an effort to draw out the differences between judge-made and enacted law and to explain what courts do with the laws that legislatures enact. He presents a series of rigorously researched and carefully rehearsed arguments concerning the law-making functions of legislatures and courts, the concepts of legislative supremacy and judicial review, the nature of legislative intent and the core principles (...) of statutory interpretation. (shrink)

Irish literature after Yeats and Joyce, from the 1920s onwards, includes texts that have been the subject of much contention. For a start, how should Irish literature be defined: as works which have been written in Irish or as works written in English by the Irish? It is a period in which ideas of Ireland--of people, community, and nation--have been both created and reflected, and in which conceptions of a distinct Irish identity have been articulated, defended, and challenged; a (...) period which has its origins in a time of intense political turmoil. Corcoran focuses his chapters on various themes such as "the Big House," and the rural and the provincial and offers discussions of authors ranging from Kinsella and Beckett to William Trevor, Seamus Heaney, and Mary Lavin, to provide a lucid and far-reaching introduction to modern Irish writing. (shrink)

Common-law judgments tend to be more than merely judgments, for judges often make pronouncements that they need not have made had they kept strictly to the task in hand. Why do they do this? The Intricacies of Dicta and Dissent examines two such types of pronouncement, obiter dicta and dissenting opinions, primarily as aspects of English case law. Neil Duxbury shows that both of these phenomena have complex histories, have been put to a variety of uses, and are (...) not amenable to being straightforwardly categorized as secondary sources of law. This innovative and unusual study casts new light on – and will prompt lawyers to pose fresh questions about – the common law tradition and the nature of judicial decision-making. (shrink)

The rightness and wrongness of actions fits on a continuous scale. This fits the way we evaluate actions chosen among a diverse range of options, even though English speakers don’t use the words “righter” and “wronger”. I outline and defend a version of scalar consequentialism, according to which rightness is a matter of degree, determined by how good the consequences are. Linguistic resources are available to let us truly describe actions simply as right. Some deontological theories face problems in (...) accounting for degrees of rightness, as they don't invoke continuous parameters among the right-making features of action. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Transvestite Achilles: Gender and Genre in Statius' AchilleidNeil W. BernsteinP. J. Heslin. The Transvestite Achilles: Gender and Genre in Statius' Achilleid. Cambridge: Cambridge University Press, 2005. xx + 349 pp. Cloth, $80.You do a girl tolerable poor, but you might fool men, maybe. Bless you, child, when you set out to thread a needle, don't hold the thread still and fetch the needle up to it; hold (...) the needle still and poke the thread at it—that's the way a woman most always does; but a man always does t'other way.... Why, I spotted you for a boy when you was threading the needle; and I contrived the other things just to make certain.(Mark Twain, Huckleberry Finn, chap. 11)In the wake of important briefer studies by Barchiesi, Feeney, and Hinds, and new editions by Rosati and Shackleton Bailey, Heslin has now produced the first full-length monograph in English on Statius' Achilleid. Although he surveys the entire poem, Heslin devotes particular attention to the episode of Achilles' transvestism at the court of Lycomedes on Scyros. By turns as witty, sophisticated, and learned as its object of examination, this book focuses on the themes of "the relationship of the Achilleid to the epic tradition and to the mythical biography of Achilles, Statius' manner of characterization, and the way he explores the nature of sex and gender" (xviii).Chapter 1, "Opening Nights at the Opera 1641–1744," demonstrates the Scyros narrative's appeal to a performance genre that commonly features transvestite masquerade. Assuming that his readers have little familiarity with the history of opera, Heslin surveys nine operas over a century and provides an "Epilogue" that brings his discussion into the twentieth century. The extended discussions of operas such as Gay's Achilles and Metastasio's Achille in Sciro (and the latter's numerous revivals) skillfully relate the libretti and staging to contemporary political, social, and literary debates. This chapter succeeds admirably in bringing out many of the major issues to which subsequent chapters return, such as the opposition of biologically essentializing and socially constructed models of gender and the conflict between heroic and burlesque approaches to mythological narrative.Chapter 2, "The Design of the Achilleid," takes up more traditional questions of form and genre. Though clearly an incomplete narrative, the Achilleid was carefully revised, and the text features a coherent design. Heslin suggests that Statius produced a prospectus designed to attract further patronage and thus intentionally left the reader unable to determine the future course of the epic either from the proem or extant narrative. Viewing the Achilleid as a prospectus permits Heslin to account for the proem's lack of specificity (in contrast, for example, to the "table of contents" found in the Thebaid's proem). The latter part of the chapter offers a close analysis of the proem and an assessment of Statius' engagement with the literary tradition. The Achilleid's proem bluffs the reader by advertising a linear, non-Aristotelian narrative, where in fact the epic begins in medias res and proceeds selectively. In contrast to the mad, vatic poet of the Thebaid, this narrator asserts his control over the narrative. Through passages such as Achilles' song in Chiron's cave, the epic enters "an ongoing discussion [End Page 142] regarding the proper version of a myth" (91) in the manner of learned Hellenistic poetry. The chapter concludes with a discussion of Statius' corrections of Vergil, such as his introduction of Deidamia (Achilleid 1.290–300) that responds to contemporary criticisms leveled at Vergil's Dido/Diana simile.Chapter 3, "Womanhood, Rhetoric, and Performance," offers a reading of the performances of gender by Thetis, Deidamia, and Achilles. Thetis' incompetent use of rhetoric makes her "the Mrs. Malaprop of Latin epic" (137). In her entreaty of Neptune, she fails to recapitulate the success enjoyed by literary models such her Homeric counterpart and the Vergilian Juno and Venus, in part because of her misuse of mythological exempla. She continues to misuse exempla in her persuasion of Achilles, undermining her case by associating his transvestism with the transsexuality of Caenis/Caeneus. Heslin further claims that Thetis engages in "discursive 'transvestism'" (133... (shrink)

Introduction -- Cultural theories of people -- Identities in standard English -- Language and social institutions -- The cultural self -- The self's identities -- Theories of identities and selves -- Theories of norms and institutions -- Social reality and human subjectivity.

This book contains new critical editions of the Latin texts of Robert Grosseteste's 13th century treatise on free will, De libero arbitrio, with complete English translations. Included is a substantial study of the texts, their place in Grosseteste's body of works, doctrinal content, employment by later thinkers, and manuscript sources.

David Hume’s legal theory has normally been interpreted as bearing close affinities to the English common law theory of jurisprudence. I argue that this is not accurate. For Hume, it is the nature and functioning of a country’s legal system, not the provenance of that system, that provides the foundation of its authority. He judges government by its ability to protect property in a reliable and equitable way. His positions on the role of equity in the law, on artificial (...) reason and the esoteric nature of the law, and on the role of judges in the legal system are all at odds with those of the common lawyers. (shrink)

In English, we use the word "I" to express thoughts that we have about ourselves, and we use the reflexive pronouns "himself" and "herself" to attribute such thoughts to others. Philosophers and linguists call such thoughts, and the statements we use to express them, de se. De se thoughts and statements, although they appear often in our day-to-day lives, pose a series of challenging problems for both linguists and philosophers. This interdisciplinary volume examines the structure of de se thought, (...) various issues concerning the semantics and pragmatics of our discourse about it, and also what it reveals about how humans think about themselves and the world around them. (shrink)

In The Twentieth-Century Humanists from Spitzer to Frye, William Calin examines the contributions of eight scholar-critics who produced their most important work between the mid-1930s and the early 1960s, before the advent of contemporary critical theory. Five are from Continental Europe. Leo Spitzer, Robert Curtius and Erich Auerbach were German-language students of Romance literatures, while Albert Béguin and Jean Rousset, both speakers of French, were leading figures of the Geneva school. Calin also includes English-language scholars: the Oxford don C. (...) S. Lewis, the American F. O. Mathiessen, and the Canadian Northrop Frye. Calin's goal is threefold. He wants to draw distinctions between the mid-twentieth .. (shrink)

This chapter shows how The Daily Show targets those political and religious leaders who claim to receive clear revelations from the divine, either by their own particular religious experiences and practices or through sacred texts. It considers some of the ways Stewart calls into question their apparently unquestionable grasp of the mind of God. Philosophers like the famous English thinker John Locke have made their living by carefully examining not only the nature of the world around us, but also (...) the more puzzling aspects of human behavior. For instance, Locke describes and critiques the sort of “enthusiasm” by recognizing that such religiously convicted individuals: “persuade themselves that they are under the peculiar guidance of heaven in their actions and opinions, especially in those of them which they cannot account for by the ordinary methods of knowledge and principles of reason. (shrink)

Few figures of the Middle Ages command the attention of so many modern disciplines as Robert Grosseteste (c. 1170-1253). Theology, Philosophy, History, and Science are all areas which his life and thought continue to have significance and to inspire re-interpretation. Accompanied by a series of original commentaries, this new edition of Grosseteste's work, with English translation, draws together the perspectives of modern scientists and medieval specialists. Volume I of a six volume series, Knowing and Speaking presents two of the (...) earliest of Grosseteste's works, the treatises On the Liberal Arts and On the Generation of Sounds. These are accompanied by a significant Middle English treatise on the Seven Liberal Arts whose anonymous fifteenth-century author translated and excerpted passages from Grosseteste's treatises in a re-imagining of their structure and function.0Each work is treated separately within the volume, which is constructed in three parts. On the Liberal Arts sets Grosseteste's thoughts on the arts subjects and emphasises moral concerns about the purpose of learning. On the Generation of Sounds builds on the theories and statements of On the Liberal Arts in connection to the production of sound, elaborating the earlier position, relating the generation of sounds to human vocal and speech production. (shrink)

Previous studies show that reading sentences about actions leads to specific motor activity associated with actually performing those actions. We investigate how sign language input may modulate motor activation, using British Sign Language sentences, some of which explicitly encode direction of motion, versus written English, where motion is only implied. We find no evidence of action simulation in BSL comprehension, but we find effects of action simulation in comprehension of written English sentences by deaf native BSL signers. These (...) results provide constraints on the nature of mental simulations involved in comprehending action sentences referring to transfer events, suggesting that the richer contextual information provided by BSL sentences versus written or spoken English may reduce the need for action simulation in comprehension, at least when the event described does not map completely onto the signer's own body. (shrink)

Variation in decision-making about end-of-life care among ethnic groups creates clinical conflicts. In order to understand changes in preferences for end-of-life care among Japanese who immigrate to the United States, we conducted 18 focus groups with 122 participants: 65 English-speaking Japanese Americans, 29 Japanese-speaking Japanese Americans and 28 Japanese living in Japan.Negative feelings toward living in adverse health states and receiving life-sustaining treatment in such states permeated all three groups. Fear of being meiwaku, a physical, psychological or financial caregiving (...) burden on loved ones, was a prominent concern. They preferred to die pokkuri (popping off) before they become end stage or physically frail. All groups preferred group-oriented decision-making with family. Although advance directives were generally accepted, Japanese participants saw written directives as intrusive whereas Japanese Americans viewed them mainly as tools to reduce conflict created by dying person's wishes and a family's kazoku no jo– responsibility to sustain the dying patient. These findings suggest that in the United States Japanese cultural values concerning end-of-life care and decision-making process are largely preserved. (shrink)

In the present article, the work of contemporary English writer and screenwriter Neil Gaiman is studied from the point of view of artistic and philosophical reinterpretation of the principles of surrealism. His novels ‘Neverwhere‘, ‘Coraline‘ and the script for the film ‘Mirror mask‘are analysed, in which the interpenetration of the real and unreal world can be traced and the planes of reality and dreams are woven into one inseparable whole. It is emphasized that for the creative style of (...) Neil Gaiman game with space and time is typical: climbing the stairs out of the sewer, you can find yourself on a roof, away from home, you can go back to his door, looking through a window in the world of dream, you can see yourself sleeping. Therefore, the writer often uses the theme of dream, program for the philosophy of surrealism: the characters have dreams that are either echoes of the past or images of predicted future, reflection of dreams or the dream itself turns into a full-fledged reality that is being created by sleeping character. However, it can be noted that the approach of the writer to value of phantasmagoric worlds is changing. If in the novel ‘Neverwhere‘ the world of London below is conceptualized as an alternative to the real world, in the novel ‘Coraline‘, and especially in the movie ‘Mirror mask‘ filmed in 2005, staying in a different world helps heroes to understand the real world better and to seek that fills it with meaning. (shrink)

The widespread conviction that we are living in a post-truth era rests on two claims: that a large number of people believe things that are clearly false, and that their believing these things reflects a lack of respect for truth. In reality, however, fewer people believe clearly false things than surveys or social media suggest. In particular, relatively few people believe things that are widely held to be bizarre. Moreover, accepting false beliefs does not reflect a lack of respect for (...) truth. Almost everyone’s beliefs are explained by rationally warranted trust in some sources rather than others. This allows us to explain why people have false beliefs. (shrink)

An influential model holds that obsessive–compulsive disorder is caused by distinctive personality traits and belief biases. But a substantial number of sufferers do not manifest these traits. I propose a predictive coding account of the disorder, which explains both the symptoms and the cognitive traits. On this account, OCD centrally involves heightened and dysfunctionally focused attention to normally unattended sensory and motor representations. As these representations have contents that predict catastrophic outcomes, patients are disposed to engage in behaviors and mental (...) rituals designed to forestall these outcomes or to produce more precise information. The same representations also cause the cognitive traits characteristic of sufferers. (shrink)

This enlightening new introduction examines the history and development of moral relativism, considering the arguments for and against, and also covering such key topics as terrorism, and the rights of women in oppressive cultures.

It is sometimes objected that we cannot adopt skepticism about moral responsibility, because the criminal justice system plays an indispensable social function. In this paper, I examine the implications of moral responsibility skepticism for the punishment of those convicted of crime, with special attention to recent arguments by Saul Smilansky. Smilansky claims that the skeptic is committed to fully compensating the incarcerated for their detention, and that this compensation would both be too costly to be practical and would remove the (...) deterrent function from incarceration. I argue that the skeptic is not committed to full compensation of the offender, and that the costs of such compensation would in any case be far smaller than Smilansky thinks. In fact, I claim, the costs of the criminal justice system to which the skeptic is committed might be very much lower than the costs – economic, social and moral – we currently pay as a consequence of our system of punishment. (shrink)

The puzzle of resultant moral luck arises when we are disposed to think that an agent who caused a harm deserves to be blamed more than an otherwise identical agent who did not. One popular perspective on resultant moral luck explains our dispositions to produce different judgments with regard to the agents who feature in these cases as a product not of what they genuinely deserve but of our epistemic situation. On this account, there is no genuine resultant moral luck; (...) there is only luck in what evidence becomes available to observers. In this paper, I develop an evolutionary account of our inclination to take the results of actions as evidence for the mental states of agents, thereby explaining why the resulting intuitions are recalcitrant to correction. The account explains why the puzzle of resultant moral luck arises: because our disposition to take the harms agents cause as evidence of their mental states can produce intuitions which conflict with those that arise when we examine agents’ mental states without reference to the results of their actions. The account also helps to solve the puzzle of resultant moral luck, by providing a strong reason to ignore the intuitions caused by our disposition to regard actual harms as evidence of mental states. Since these intuitions arise using an unreliable proxy for agents’ mental states, they ought to be trumped by more reliable evidence. (shrink)

Over the past couple of decades, there has been an ongoing, often fierce, debate about the ethics of biobank participation. One central element of that debate has concerned the nature of informed consent, must specific reconsent be gained for each new use, or user, or is broad consent ethically adequate? Recently, Thomas Ploug and Søren Holm have developed an alternative to both specific and broad consent: what they call a meta-consent framework. On a meta-consent framework, participants can choose the type (...) of consent framework they require, for different kinds of use, different types of user and so on. Meta-consent involves a distinctive kind of design of the consent process. Here it is argued, first, that although a meta-consent framework does not wrong participants, Ploug and Holm understate the likely costs and burdens of such a framework, so there are good practical reasons not to offer it. Second, although Ploug and Holm allude to some ethical considerations that might seem to ground an ethical argument for providing meta-consent, they do not offer any sound argument, and it does not wrong participants in any way to fail to offer them the opportunity to design their own consent process. (shrink)

In applied ethics, debates about responsibility have been relentlessly individualistic and synchronic, even as recognition has increased in both philosophy and psychology that agency is distributed across time and individuals. I therefore warmly welcome Brown and Savulescu’s analysis of the conditions under which responsibility can be shared and extended. By carefully delineating how diachronic and dyadic responsibility interact with the long-established control and epistemic conditions, they lay the groundwork needed for identifying how responsibility may be inter-individual and intra-individual. Unsurprisingly, I (...) don’t agree with every aspect of their rich account. I strongly suspect that the privileged place the individual continues to occupy in their taxonomy is a residue of the kind of internalist intuitions which dominate WEIRD thinking.1 2 However, I won’t pursue this line of thought here. Instead, I apply Brown and Savulescu’s analysis. Moving beyond the programmatic level at which they develop their account, I will show how it provides a basis for excusing many individuals, focusing not on the dyadic level but the diachronic. Most of the …. (shrink)

We are all apt to alter our beliefs and even our principles to suit the prevailing winds. Examples abound in public life, but we are all subject to similar reversals. We often accuse one another of hypocrisy when these kinds of reversals occur. Sometimes the accusation is justified. In this paper, however, I will argue that in many such cases, we don’t manifest hypocrisy, even if our change of mind is not in response to new evidence. Marshalling evidence from psychology (...) and evolutionary theory, I will suggest that we are designed to update our beliefs in response to social signals: as these signals change, we change our minds, often without even noticing. (shrink)

Can our cultural membership excuse us from responsibility for certain actions? Ought the Aztec priest be held responsible for murder, for instance, or does the fact that his ritual sacrifice is mandated by his culture excuse him from blame? Our intuitions here are mixed; the more distant, historically and geographically, we are from those whose actions are in question, the more likely we are to forgive them their acts, yet it is difficult to pinpoint why this distance should excuse. Up (...) close, historically or geographically, we tend to be less forgiving: few of us excuse the Taliban for what they did to women and homosexuals; and if there is less of an outcry concerning treatment not all that dissimilar in Saudi Arabia and elsewhere, this is probably only because these actions are less well publicized. (shrink)

Neuroethics is a rapidly growing subfield, straddling applied ethics, moral psychology and philosophy of mind. It has clear affinities to bioethics, inasmuch as both are responses to new developments in science and technology, but its scope is far broader and more ambitious because neuroethics is as much concerned with how the sciences of the mind illuminate traditional philosophical questions as it is with questions concerning the permissibility of using technologies stemming from these sciences. In this article, I sketch the two (...) branches of neuroethics, the applied and the philosophical, and illustrate how they interact. I also consider representative themes from each: the ethics of dampening memory and of cognitive enhancement, on the one hand, and the attack upon the reliability of deontological intuitions and upon free will, on the other. (shrink)

In a recent article in this journal, Storrs McCall and E.J. Lowe sketch an account of indeterminist free will designed to avoid the luck objection that has been wielded to such effect against event‐causal libertarianism. They argue that if decision‐making is an indeterministic process and not an event or series of events, the luck objection will fail. I argue that they are wrong: the luck objection is equally successful against their account as against existing event‐causal libertarianisms. Like the event‐causal libertarianism (...) their account is meant to supplant, the process view cannot offer a reasons explanation of the agent’s choice itself; that choice is explained by nothing except chance. The agent therefore fails to exercise freedom‐level control over it. (shrink)

An epistemic trespasser is someone who lacks expertise in a domain yet expresses an opinion about its subject matter based on their own assessment of the evidence. Epistemic trespassing is prima facie problematic, but philosophers have argued that it is appropriate when the trespasser possesses relevant skills and evidence. We argue that this defence is available to epistemic trespassers more often than most philosophers have recognized, but it does not vindicate trespassing. The justified trespasser must also possess an appropriately refined (...) sense of how and to whom they ought to defer, with ‘deference’ understood as taking opinions and the shape of debates very seriously in deliberation, and as appropriate caution in dissent. This sense of what we call the guardrails is constituted largely by a kind of know-how, which arises from long experience in a domain: the epistemic trespasser almost always lacks this know-how. (shrink)

Moral judgments entail or consist in claims that certain ways of behaving are called for. These actions have expectable consequences. I will argue that these consequences are suspiciously benign: on controversial issues, each side assesses these consequences, measured in dispute-independent goods, as significantly better than the consequences of behaving in the ways their opponents recommend. This remains the case even when we have not formed our moral judgment by assessing consequences. I will suggest that the evidence indicates that our perception (...) of the consequences of acting as recommended by our moral judgments is motivated, such that the warrant of such assessments is lower than we might have thought. The suspicion correlation between our moral judgments and our assessments of the implicated facts provides higher-order evidence that should lead us to reduce our confidence in these assessments. (shrink)

It is commonplace among friends of irreducible causal powers to depict powers as producing their characteristic manifestations as a matter of metaphysical necessity. That is to say that when a power finds itself in those circumstances that stimulate it, it cannot help but be exercised: its effects must occur. The result is a metaphysic that depicts the world not as loose and separate but as united by the strongest glue; this is but one way in which the world as understood (...) by friends of powers differs from that of their Humean adversaries. However, this typical understanding of powers has recently come under attack. Schrenk and Mumford and Anjum have independently argued that metaphysical necessity is not up to the task of connecting a stimulated power with its manifestation. Employing the same devices friends of powers use in rejecting attempts to analyze power ascriptions in terms of counterfactual conditionals, Schrenk and Mumford and Anjum argue that any process a power elicits could be frustrated by way of interference or prevention, and thereby blocked. For example, striking a dry match against a rough surface will generally lead to its lighting, but as anyone who has attempted to do this can attest, a strong gust of wind can prevent the match from lighting, despite the striking having taken place. Hence, even in the presence of its stimulus, the power's manifestation is not ensured, and so the claim that powers necessarily bring about their manifestations is undermined. (shrink)

The view that morally worthy actions must be motivated by moral knowledge faces counterexamples. This paper offers a counterexample in which Ava and Beth text a wise rabbi for answers to the same moral question, receive the same correct answer, and accordingly act rightly. Beth however receives her answer from a thief who stole the rabbi's phone and randomly chose the correct answer. Beth therefore is Gettierized and lacks moral knowledge that Ava has. But this doesn't seem to diminish the (...) moral worth of Beth's action. This is a counterexample to Paulina Sliwa and JJ Cunningham's accounts of moral worth, which require moral knowledge. (shrink)

What grounds facts of the form? One promising answer is: facts of the form. A different promising answer is: x itself. Isaac Wilhelm has recently argued that the second answer is superior to the first. In this paper, I rebut his argument.

In Thus Spoke Zarathustra, Nietzsche presents passion as constituting human agency. He encountered this Humean view in Schopenhauer, and recognized its explanatory advantages over Platonic and Kantian rationalism. Zarathustra's poetic speeches anticipate and address contemporary objections to the view that passion constitutes agency. "On the Despisers of the Body" explains why understanding the self as constituted by passion provides better explanations of reasoning, value judgment, and the unity of the self than Christine Korsgaard's neo-Kantian view. "On Enjoying and Suffering the (...) Passions" explains why understanding virtues as constituted by passions provides a better explanation of moral phenomenology than John McDowell's rationalism. (shrink)

In a recent article, I argued that Ploug and Holm’s ‘meta-consent’ proposal should be rejected for biobank governance. This was because, although meta-consent is permissible, it is both burdensome and ethically omissible. There is no ethical reason why funders should undertake the additional costs. Ploug and Holm have sought to respond to these arguments. Here, it is noted that not only do they fail to adequately refuse the case against meta-consent, they fail to even engage with the arguments, either misunderstanding (...) them or ignoring them. In their response, Ploug and Holm unwittingly provide the basis of an even stronger case against meta-consent. They argue that broad consent has a built in tendency to expire, while also holding that broad consent should be one of the options available in meta-consent. Meta-consent thus ends up being more like dynamic consent, but, arguably, even more burdensome and costly. (shrink)