We offer a theory regarding the symbolism of the human body in legal discourse. The theory blends legal theory, the neuroscience of empathy, and biosemiotics, a branch of semiotics that combines semiotics with theoretical biology. Our theory posits that this symbolism of the body is not solely a metaphor or semiotic sign of how law is cognitively structured in the mind. We propose that it also signifies neurobiological mechanisms of social emotion in the brain that are involved in the social (...) and moral decision-making and behavior that law generally seeks to govern. Specifically, we hypothesize that the symbol of a collective human body in the language of law signifies neural mechanisms of pain empathy which generate a virtual, neurally simulated, emotional sense of sharing the feelings or pain of others and of thereby being one-in-body with or virtually equal to them. We speculate that this may be the neural basis of what is signified in legal and political theory as the “body politic” or “sense of equality,” because neuroscience and psychiatry further suggest that such pain empathy may provide the natural, emotional motivation to think and act in a rights-based manner. We conclude that misunderstanding of these neural mechanisms of pain empathy and related misinterpretation of this corporeal symbolism for the same may have long resulted in legal discourse that misinterprets the function of “pain” in the law and misinterprets the associated positive law, specifically the law regarding individual, equality-based rights and criminal justice, in particular, punishment theory. (shrink)

"Intelligence" has long been considered to be a feature unique to human beings, giving us the capacity to imagine, to think, to deceive, to make complex connections between cause and effect, to devise elaborate stategies for solving problems. However, like all our other features, intelligence is a product of evolutionary change. Until recently, it was difficult to obtain evidence of this process from the frail testimony of a few bones and stone tools. It has become clear in the last 15 (...) years that the origins of human intelligence can be investigated by the comparative study of primates, our closest non-human relatives, giving strong impetus to the case for an "evolutionary psychology", the scientific study of the mind. (shrink)

Investigators of animal behavior since the eighteenth century have sought to make their work integral to the enterprises of natural history and/or the life sciences. In their efforts to do so, they have frequently based their claims of authority on the advantages offered by the special places where they have conducted their research. The zoo, the laboratory, and the field have been major settings for animal behavior studies. The issue of the relative advantages of these different sites has been a (...) persistent one in the history of animal behavior studies up to and including the work of the ethologists of the twentieth century. (shrink)

Contains fourteen essays and an introduction addressing the main areas of scholarly interest for Richard W. Davis, Professor Emeritus, Washington University, St Louis Questions how individuals envision the public good in modern Britain and how, through religious and moral beliefs, coupled with wisdom and political savvy, they can improve the public good through the ever-changing nineteenth century political institutions Essays range from studies of local electoral politics and parliamentary reform campaign to national political party organization, high politics and the (...) role religion and empire played in the creation of national policy Examines the influence of individuals on the political process through their professional work in historical and philosophical writing, journalism and missionary work at home and abroad Provides new original research in the area of modern British political history together in Parliamentary History. (shrink)

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Clearly, Marx thought he was promoting democratic values. In the Manifesto, the immediate goal of socialism is summed up as “to win the battle of democracy.” Marx sees the reduction of individuality as one of the greatest injuries done by a system in which most people buy and sell their labor power on terms over which they have little control. As they supervised translations and re-issues of the Manifesto, Marx and Engels singled out just one point as a major topic (...) on which their view in 1848 had been superseded. The forms of government needed to be changed to give people more control over the state, a change in structure pioneered by the Paris Commune. (shrink)

In this bold work of broad scope and rich erudition, Richard W. Miller sets out to reorient the philosophy of science.

In this paper, we reconstruct the debate between Zhuangzi 莊子 and Hui Shi 惠施 that took place on the bridge over the Hao River 濠水 as a substantive debate concerning the epistemic other‐mind skepticism according to which no one mind knows the mental states of the other. We demonstrate how this reconstruction leads to substantive conclusions of the viability of Hui Shi’s position in particular and of the other‐mind skepticism in general. This demonstration is accomplished by means of the contemporary (...) philosophical development regarding, for example, whether asserting a proposition implies that the asserter knows the proposition, whether the closure principle of epistemic logic should be held, and whether knowing something is a mental state. We hold that this debate’s resolution is substantively entangled with contemporary philosophical concerns. (shrink)

The legal literature generally assumes that an aggregate-risk-utility test is employed to determine whether conduct was reasonable or negligent. However, this test is infrequently mentioned by the courts and almost never explains their decisions. Instead, they apply, explicitly or implicitly, various justice-based standards that take into account the rights and relationships among the parties. This is true even for the two judges most closely identified with the aggregate-risk-utility test: Learned Hand and Richard Posner. During the five decades that Hand (...) served as a federal judge, he mentioned the test in only eleven opinions, between 1938 and 1949, and in none of those opinions did he actually apply the test to resolve the negligence issue. In his last reference to the test, in 1949, he essentially abandoned it. None of his fellow circuit judges ever mentioned the test. Posner claims that the Hand formula expresses an economic efficiency interpretation of negligence that has long been implicit in judicial opinions. However, Posner’s arguments are based on speculative and implausible assumptions, overbroad generalizations, selective quotations, and superficial descriptions of cases that misstate or ignore facts, language, rationales, and holdings that are inconsistent with his argument. The same flaws are apparent in Posner’s attempts to apply the Hand formula in his own judicial opinions. Neither he nor his like-minded colleague, Frank Easterbrook, has been able to employ the Hand formula to resolve the negligence issue in any case, and none of their fellow circuit judges has attempted to do so. (shrink)

According to Peter Singer, virtually all of us would be forced by adequate reflection on our own convictions to embrace a radical conclusion about giving. The following principle, he says, is “surely undeniable” -- at least once we reflect on secure convictions concerning rescue, as in his famous case of the drowning toddler.

The evolution of nonconceptive sexuality in bonobos and chimpanzees is discussed from a functional perspective. Bonobos and chimpanzees have three functions of sexual activity in common (paternity confusion, practice sex, and exchange for favors), but only bonobos use sex purely for communication about social relationships. Bonobo hypersexuality appears closely linked to the evolution of female-female alliances. I suggest that these alliances were made possible by relaxed feeding competition, that they were favored through their effect on reducing sexual coercion, and that (...) they are ultimately responsible for the relaxed social conditions that allowed the evolution of “communication sex.”. (shrink)

It might appear that apologists for legal systems should have a more difficult time justifying particular acts of civil disobedience than do anarchist critics of legal systems. But while this might be so for law breaking simpliciter, I argue that it is not so for civilly disobedient law breaking. The logic of morally justifying civil disobedience is remarkably similar for both legal apologists and anarchists, and diverges only on the question of accepting punishment for one's acts. But even here what (...) it is obligatory upon either to do is remarkably similar. Where differences in how civil disobedience is justified begin to arise is on the question of accepting punishment for breaking the law. For readily discernible reasons this is a strict obligation for legal apologists; for anarchists, however, it is but a contingent obligation. Nonetheless, in practice anarchists who engage in civil disobedience will find themselves under an obligation to suffer punishment. Essentially this is because doing so is necessary in order that the act of civil disobedience be an effective one, and like everyone else, anarchists have an obligation to try to be effective in the actions they undertake to remedy injustice. The paper concludes with offering two reasons why even anarchists ought to risk submitting to punishment by illegitimate authority by engaging in civil disobedience. (shrink)

This book grows out of a long-felt need for a readable source that explores all aspects of people's values. Good information on the study of human values exists scattered about in various sources, spanning disciplines and decades, but it is not easily located nor readily assimilated and organized in mind.

Among all the arts, cinema holds a special place as the medium which extends man toward, reveals to him and defines, the newly discovered sacred.

Many theorists claim that justice is a question-begging concept that has no inherent substantive content. They point to disagreements among justice theorists themselves about basic aspects of the justice theory, such as the nature of corrective justice and the distinction between it and distributive justice, as even further reason to dismiss the concept of justice or to fill it with their preferred theoretical content. Yet most persons perceive that the concept of justice is not an empty shell. Since ancient times (...) it has been thought to encompass not merely a formal equality (treating like cases alike), but also a substantive equality grounded in the equal dignity of each human being which requires giving each person his or her "due" - what is his or hers as a matter of right - a requirement that is usually understood to be in direct conflict with the basic principles of aggregate social welfare theories such as utilitarianism or its modern variant, economic efficiency. The elaboration of this substantive equality and its implications for morality, justice, and law form the core of the natural-law or natural-right theories of law. In this article I build upon a summary and critique of John Finnis's natural law theory (1) to delineate the basic assumptions and principles of the natural law theory regarding the foundations of and relationships among morality, justice, and law; (2) to demonstrate the agreement of major natural law theorists, from Aristotle through Aquinas and Kant to Finnis, on these basic assumptions and principles; (3) to distinguish these basic assumptions and principles from those of the competing theories of utilitarianism and economic efficiency; and (4) to clarify the nature of and distinctions between the two basic divisions of substantive justice: distributive justice and interactive justice. I use the term "interactive justice" instead of the usual term, "corrective justice," since the former term is much more informative and precise in conveying the distinct nature and domain of this type of justice, whereas the latter term almost always misleads people into one or both of two related misconceptions: (1) that "corrective" justice is concerned solely with the correction of wrongful injuries and has nothing to say about the nature of the underlying wrongs or the prevention of their occurrence, and (2) that it is merely a remedial corollary of distributive justice which corrects deviations from the distributively just distribution. Distributive justice and interactive justice separately address the two fundamental problems of human existence, and they employ quite different criteria of equality to resolve those problems. Together, they seek to assure the attainment of the common good (the full realization, to the extent practicable, of each person's humanity) by providing each person with her fair share of the social stock of instrumental goods (positive freedom via distributive justice) and by securing her person and her existing stock of instrumental goods from interactions with others that are inconsistent with her status as a rational being with equal, absolute moral worth (negative freedom via interactive justice). (shrink)

This book presents an alternative to conventional ideas about the evolution of the human intellect.

The primary purpose of this paper is to offer an interpretation of Descartes' proof of the existence of matter as found in Meditation VI--an interpretation that is, I believe, the only one consistent with the relevant texts. The one guiding principle I use in offering this interpretation is the principle of charity, that is, when one interprets any philosopher's argument, and unsound argument should not be accepted as his unless there is no alternative interpretive argument that is both sound and (...) consistent with the relevant texts of that philosopher. (shrink)

Hany metaethicists have all but abandoned the possibility that ordinary value language has any sort of universal logic. But careful phenomenological reflection indicates that we call something “good” only if we tacitly believe that it is disposed to be “pragmatically attractive” in some way. Conversely, “bad” things must be “pragmatically repellent”. Linguistic and phenomenological evidence supports these observations. Differences in the meanings of diverse value judgments seem to be due to variations in the practical context in which the attraction or (...) repulsion is judged. The fact that we can legitimately request clarification regarding each of five practical dimensions tends to indicate that a common structure underlies all senses in which something can be said “good” or “bad.”. (shrink)

To explain social learning without invoking the cognitively complex concept of imitation, many learning mechanisms have been proposed. Borrowing an idea used routinely in cognitive psychology, we argue that most of these alternatives can be subsumed under a single process, priming, in which input increases the activation of stored internal representations. Imitation itself has generally been seen as a This has diverted much research towards the all-or-none question of whether an animal can imitate, with disappointingly inconclusive results. In the great (...) apes, however, voluntary, learned behaviour is organized hierarchically. This means that imitation can occur at various levels, of which we single out two clearly distinct ones: the a rather detailed and linear specification of sequential acts, and the a broader description of subroutine structure and the hierarchical layout of a behavioural Program level imitation is a high-level, constructive mechanism, adapted for the efficient learning of complex skills and thus not evident in the simple manipulations used to test for imitation in the laboratory. As examples, we describe the food-preparation techniques of wild mountain gorillas and the imitative behaviour of orangutans undergoing to the wild. Representing and manipulating relations between objects seems to be one basic building block in their hierarchical programs. There is evidence that great apes suffer from a stricter capacity limit than humans in the hierarchical depth of planning. We re-interpret some chimpanzee behaviour previously described as and suggest that all great apes may be able to imitate at the program level. Action level imitation is seldom observed in great ape skill learning, and may have a largely social role, even in humans. (shrink)

The last two decades or so have borne witness to a modest revival of interest in the possibility that numerical relations are, at bottom, perceived properties or relations of some sort. In an earlier era writers as divergent as J. S. Mill and Edmund Husserl pursued just such a possibility, only to be swept out of the mathematical mainstream with a battery of broadsides from Gottlob Frege. Despite more recent arguments that numerical understanding is somehow derived from experience, however, no (...) analysis of quantitative perception yet offered seems able to account adequately for the perception of arithmetical equations as simple as 1 + 2 = 3. Without a satisfactory analysis of “equality”—clearly, the pivotal relation in arithmetic—we can expect the possible empirical foundations of mathematics to continue to be generally ignored. (shrink)