In a provocative essay, philosopher Jeffrie G. Murphy asks: 'what would law be like if we organized it around the value of Christian love, and if we thought about and criticized law in terms of that value?'. This book brings together leading scholars from a variety of disciplines to address that question. Scholars have given surprisingly little attention to assessing how the central Christian ethical category of love - agape - might impact the way we understand law. This book aims (...) to fill that gap by investigating the relationship between agape and law in Scripture, theology, and jurisprudence, as well as applying these insights to contemporary debates in criminal law, tort law, elder law, immigration law, corporate law, intellectual property, and international relations. At a time when the discourse between Christian and other world views is more likely to be filled with hate than love, the implications of agape for law are crucial. (shrink)

Humean Laws for Human Agents presents cutting-edge research by leading experts on the Humean account of laws, chance, possibility, and necessity. A central question in metaphysics and philosophy of science is: What are laws of nature? Humeans hold that laws are not sui generis metaphysical entities but merely particularly effective summaries of what actually happens. The most discussed recent work on Humeanism emphasizes the laws' usefulness for limited agents and uses pragmatic considerations to address fundamental and long-standing problems. The current (...) volume develops and critically examines pragmatic Humean accounts, with innovative new work on the epistemology of laws and chance, the problem of induction, counterfactuals, special science laws, and a Humean account of essence. Taken together, the papers provide a roadmap for developing pragmatic Humeanism and connate views, setting the agenda for future research. (shrink)

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

Abstract:Early modern efforts to justify warfare entailed serious reflection on the relationship between Christianity and nature or natural law. Those working in a Thomist tradition could draw on a concept of natural law as an ethical system distinct from Christianity; others rejected that concept, working instead to show that warfare could form part of the duties of Christians. All sides recognized the tension between the words of Christ and the demands of human political life, especially when it came (...) to defending military activity. That tension produced creative discussions of natural law, political thought, and theology, in the universities and beyond. (shrink)

This volume presents a series of studies that expand laws, invariants, and principles of psychophysics beyond its classical domain of sensation.

In this paper we introduce the nascent literature on Moral Uncertainty Theory and explore its application to the criminal law. Moral Uncertainty Theory seeks to address the question of what we ought to do when we are uncertain about what to do because we are torn between rival moral theories. For instance, we may have some credence in one theory that tells us to do A but also in another that tells us to do B. We examine how we might (...) decide whether or not to criminalize some conduct when we are unsure as to whether or not the conduct is morally permitted, and whether or not it is permissible to criminalize the conduct. We also look at how we might make sentencing decisions under moral uncertainty. We argue that Moral Uncertainty Theory can be an illuminating way to address these questions, but find that doing so is a lot more complicated than applying Moral Uncertainty Theory to individual conduct. (shrink)

In Volume Two of Ernest Fortin: Collected Essays, Fortin deals with the relationship between religion and civil society in a Christian context: that of an essentially nonpolitical but by no means entirely otherwordly religion, many of whose teachings were thought to be fundamentally at odds with the duties of citizenship. Sections focus upon Augustine and Aquinas, on Christianity and politics; natural law, natural rights, and social justice; and Leo Strauss and the revival of classical political philosophy. Fortin's treatment of (...) these and related themes betrays a keen awareness of one of the significant intellectual events of our time: the recovery of political philosophy as a legitimate academic discipline. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this rule-of-law requirement and compare liberal and (...) republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Integrity, honesty, and truth seeking are important virtues that most people care about and want to see promoted in society. Yet surprisingly, there has been relatively little work among scholars today aimed at helping us better understand this cluster of virtues related to truth. This volume incorporates the insights and perspectives of experts working in a variety of disciplines, including philosophy, law, communication and rhetorical studies, theology, psychology, history, and education. For each virtue, there is a conceptual chapter, an application (...) chapter, and a developmental chapter. The resulting volume significantly deepens our knowledge about and appreciation for these central virtues. (shrink)

This book explores the intersection of legal frameworks, healthcare innovation, and computational intelligence, shedding light on how emerging technologies like AI and ML are reshaping the medical landscape. It presents real life challenges such as patient privacy, data security, and compliance issues in smart healthcare by engaging into associated ethical and regulatory implications. Comprising the concepts of predictive analytics, regulatory compliance algorithms, and legal decision-making processes, this book offers a roadmap for stakeholders to navigate the evolving landscape of healthcare innovation (...) responsibly and ethically. Investigates how artificial intelligence supports legal decision-making processes in smart healthcare, addressing ethical and accountability concerns Demonstrates the use of smart contracts and automation tools powered by computational intelligence to streamline legal processes and ensure compliance in smart healthcare initiatives Focuses on managing healthcare data within legal frameworks, emphasizing computational intelligence's role in ensuring privacy and security. Examines how computational intelligence enables predictive analytics models to anticipate legal challenges and compliance issues in smart healthcare. Highlights the development and implementation of computational algorithms for navigating evolving legal frameworks in healthcare. This reference book is a useful resource for scholars and researchers working on smart healthcare. (shrink)

This book critically and constructively explores the resources offered for natural law doctrine by classical thinkers from three traditions: Jewish, Christian, and Islamic. Three scholars each offer a programmatic essay on natural law doctrine in their particular religious tradition and then respond to the other two essays.

Are companies, churches, and states genuine agents? Or are they just collections of individuals that give a misleading impression of unity? This question is important, since the answer dictates how we should explain the behaviour of these entities and whether we should treat them as responsible and accountable on the model of individual agents. Group Agency offers a new approach to that question and is relevant, therefore, to a range of fields from philosophy to law, politics, and the social sciences. (...) Christian List and Philip Pettit argue that there really are group or corporate agents, over and above the individual agents who compose them, and that a proper approach to the social sciences, law, morality, and politics must take account of this fact. Unlike some earlier defences of group agency, their account is entirely unmysterious in character and, despite not being technically difficult, is grounded in cutting-edge work in social choice theory, economics, and philosophy. (shrink)

In Volume Two of Ernest Fortin: Collected Essays, Fortin deals with the relationship between religion and civil society in a Christian context: that of an essentially nonpolitical but by no means entirely otherwordly religion, many of whose teachings were thought to be fundamentally at odds with the duties of citizenship. Sections focus upon Augustine and Aquinas, on Christianity and politics; natural law, natural rights, and social justice; and Leo Strauss and the revival of classical political philosophy. Fortin's treatment of (...) these and related themes betrays a keen awareness of one of the significant intellectual events of our time: the recovery of political philosophy as a legitimate academic discipline. (shrink)

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal punishment (...) and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Tort law and liability insurance have a complex interaction in which each shapes the evolution and effects of the other. This interaction and its many forms and facets in different international contexts must be comprehended to understand fully the ethical responsibilities of liability insurers. This essay builds on previous scholarship on the tort law–liability insurance interaction through a series of observations from the perspective of a global reinsurer. It seeks in part to extend previous analyses of this interaction by also (...) considering issues in the developing world. It seeks to make some normative questions and stances explicit concerning this interaction, as well as to identify some empirical questions that still need to be answered. The responsibility of liability insurers includes ethically shaping the responsibility of others in interaction with tort law in countless diverse situations. (shrink)

"Philosophical Foundations of Evidence Law presents a cross-disciplinary overview of the core issues in the theory and methodology of adjudicative evidence and factfinding, assembling the major philosophical and interdisciplinary insights that define evidence theory, as related to law, in a single book. The volume presents contemporary debates on truth, knowledge, rational beliefs, proof, argumentation, explanation, coherence, probability, economics, psychology, bias, gender, and race. It covers different theoretical approaches to legal evidence, including the Bayesian approach, scenario theory, and inference to the (...) best explanation. The volume’s contributions come from scholars spread across three continents and twelve different countries, whose common interest is evidence theory as related to law"-- from publisher's website. (shrink)

Scientists often think of the world as a dynamical system, a stochastic process, or a generalization of such a system. Prominent examples of systems are the system of planets orbiting the sun or any other classical mechanical system, a hydrogen atom or any other quantum–mechanical system, and the earth’s atmosphere or any other statistical mechanical system. We introduce a general and unified framework for describing such systems and show how it can be used to examine some familiar philosophical questions, including (...) the following: how can we define nomological possibility, necessity, determinism, and indeterminism; what are symmetries and laws; what regularities must a system display to make scientific inference possible; how might principles of parsimony such as Occam’s Razor help when we make such inferences; what is the role of space and time in a system; and might they be emergent features? Our framework is intended to serve as a toolbox for the formal analysis of systems that is applicable in several areas of philosophy. (shrink)

We ordinarily think that we human beings have agency: we have control over our choices and make a difference to our environments. Yet it is not obvious how agency can fit into a physical world that is governed by exceptionless laws of nature. In particular, it is unclear how agency is possible if those laws are deterministic and the universe functions like a mechanical clockwork. In this short paper, I first explain the apparent conflict between agency and physical determinism (referring (...) to recent work by Helen Steward on "agency incompatibilism"), then review some salient responses one might give to this conflict, and finally sketch a response that rests on a distinction between “physical” and “agential possibilities.” Agency, I suggest, is a higher-level phenomenon, which comes with its own level-specific notion of possibility, and it cannot be adequately analyzed in physical terms alone or just through the lens of physical possibility. (The paper was written as an informal position paper for a symposium on "Possibilities".). (shrink)

The Intellectual Foundations of Christian and Jewish Discourse is a unique and controversial analysis of the genesis and evolution of Judeo-Christian intellectual thought. Jacob Neusner and Bruce Chilton argue that the Judaic and Christian heirs of Scripture adopted, and adapted to their own purposes, Greek philosophical modes of thought, argument and science. Intellectual Foundations of Christian and Jewish Discourse explores how the earliest intellectuals of Christianity and Judaism shaped a tradition of articulated conflict and reasoned argument in the search (...) for religious truth and focuses especially on methods of discourse in the Judaic and Christian intellectual and literary traditions. (shrink)

This paper revisits the strained yet ubiquitous notion of sustainability to see where and how it can make a contribution to improved agricultural and natural resource management and policy making. The case of a three-year EU network on farm animal breeding and reproduction is used as a practical illustration. In this network, commercial breeders and breeding scientists were required, with professional assistance from philosophers and social scientists, to develop a definition of sustainable farm animal breeding. The word ‘sustainability’ does not (...) define a unique ethical perspective. At best it indicates a willingness to open an ethical agenda. However if the agenda is not specified in some detail, there is a real danger that necessary ethical discussion will be swept under the carpet. Even worse, the word may be used as a fig leaf in an attempt to legitimise projects which are ethically dubious. Used conscientiously, the framework of sustainability has two benefits: First, it invites parties involved in the planning of future activities in a company or sector to take a comprehensive look at potentially conflicting concerns and to face any difficult trade-offs. Second, it encourages concerns to be presented within a framework that is endorsed by society as a whole, and this enables the stakeholders to make room for communication to, and dialogue with, a broader audience than the rather narrow group of people directly involved. Adapting the definition of sustainability to specific conditions and circumstances is more than a technical or scientific task. It requires us to address carefully underlying questions about values. The fundamental dilemmas that emerge when the notion of sustainability is considered have no easy solutions, but they can be addressed by taking into account four key characteristics of sustainability discussed in this paper. (shrink)

Humeans about laws maintain that laws of nature are nothing over and above the complete distribution of non-modal, categorical properties in spacetime. ‘Humean compatibilists’ argue that if Humeanism about laws is true, then agents in a deterministic world can do otherwise than they are lawfully determined to do because of the distinctive nature of Humean laws. More specifically, they reject a central premise of the Consequence argument by maintaining that deterministic laws of nature are ‘up to us’. In this paper, (...) we present a new argument for Humean compatibilism. We argue that Humeans about laws indeed have resources for defending compatibilism that non-Humeans lack. Moreover, we show that utilizing these resources does not lead to objectionable consequences. Humeans about laws should thus embrace Humean compatibilism. (shrink)

Philosophers have argued about the nature and the very existence of free will for centuries. Today, many scientists and scientifically minded commentators are skeptical that it exists, especially when it is understood to require the ability to choose between alternative possibilities. If the laws of physics govern everything that happens, they argue, then how can our choices be free? Believers in free will must be misled by habit, sentiment, or religious doctrine. Why Free Will Is Real defies scientific orthodoxy and (...) presents a bold new defense of free will in the same naturalistic terms that are usually deployed against it. -/- Unlike those who defend free will by giving up the idea that it requires alternative possibilities to choose from, Christian List retains this idea as central, resisting the tendency to defend free will by watering it down. He concedes that free will and its prerequisites—intentional agency, alternative possibilities, and causal control over our actions—cannot be found among the fundamental physical features of the natural world. But, he argues, that’s not where we should be looking. Free will is a “higher-level” phenomenon found at the level of psychology. It is like other phenomena that emerge from physical processes but are autonomous from them and not best understood in fundamental physical terms—like an ecosystem or the economy. When we discover it in its proper context, acknowledging that free will is real is not just scientifically respectable; it is indispensable for explaining our world. (shrink)

The workshop will discuss new insights in the interaction between logic and law, and more precisely the study of different answers to the question: What role does logic play in legal reasoning? It will present both current challenges and historical perspectives in the relation between logic and law. The perspectives to be discussed involve the interface of the following studies.

Distributed cognition refers to processes which are (i) cognitive and (ii) distributed across multiple agents or devices rather than performed by a single agent. Distributed cognition has attracted interest in several fields ranging from sociology and law to computer science and the philosophy of science. In this paper, I discuss distributed cognition from a social-choice-theoretic perspective. Drawing on models of judgment aggregation, I address two questions. First, how can we model a group of individuals as a distributed cognitive system? Second, (...) can a group acting as a distributed cognitive system be ‘rational’ and ‘track the truth’ in the outputs it produces? I argue that a group’s performance as a distributed cognitive system depends on its ‘aggregation procedure’ – its mechanism for aggregating the group members’ inputs into collective outputs – and I investigate the properties of an aggregation procedure that matter. (shrink)

Information theory presupposes the notion of an epistemic agent, such as a scientist or an idealized human. Despite that, information theory is increasingly invoked by physicists concerned with fundamental physics, physics at very high energies, or generally with the physics of situations in which even idealized epistemic agents cannot exist. In this paper, I shall try to determine the extent to which the application of information theory in those contexts is legitimate. I will illustrate my considerations using the case of (...) black hole thermodynamics and Bekenstein's celebrated argument for his formula for the entropy of black holes. This example is particularly pertinent to the theme of the present collection because it is widely accepted as `empirical data' in notoriously empirically deprived quantum gravity, even though the laws of black hole thermodynamics have so far evaded direct empirical confirmation. (shrink)

reminds us that reproductive medicine has become part of our social reality and as such justifies the intervention of public authorities. The Instruction suggests relevant principles which should guide appropriate legislation. This essay analyzes how far the French government has taken these fundamental principles into account. Keywords: IVF-ET, Donum Vitae , civil law, France CiteULike Connotea Del.icio.us What's this?

For the first time in history, genetics will enable science to completely identify each human as genetically unique. Will this knowledge reinforce the trend for more individual liberties or will it create a ‘brave new world’? A law policy approach to the problems raised by the human genome project shows how far our democratic institutions are from being the proper forum to discuss such issues. Because of the fears and anxiety raised in the population, and also because of its wide (...) implications on the everyday life, the human genome analysis more than any other project needs to succeed in setting up such a social assessment. Keywords: human genome project, judiciary law policy, legislative activity, new ethics institutions, methodology in law reform, public debate, social consensus CiteULike Connotea Del.icio.us What's this? (shrink)

Our ordinary causal concept seems to fit poorly with how our best physics describes the world. We think of causation as a time-asymmetric dependence relation between relatively local events. Yet fundamental physics describes the world in terms of dynamical laws that are, possible small exceptions aside, time symmetric and that relate global time slices. My goal in this paper is to show why we are successful at using local, time-asymmetric models in causal explanations despite this apparent mismatch with fundamental physics. (...) In particular, I will argue that there is an important connection between time asymmetry and locality, namely: understanding the locality of our causal models is the key to understanding why the physical time asymmetries in our universe give rise to time asymmetry in causal explanation. My theory thus provides a unified account of why causation is local and time asymmetric and thereby enables a reply to Russell’s famous attack on causation. (shrink)

Is it allowable for your government, or anyone else, to influence or coerce you 'for your own sake'? This is a question about paternalism, or interference with a person's liberty or autonomy with the intention of promoting their good or averting harm, which has created considerable controversy at least since John Stuart Mill's On Liberty. Mill famously decried paternalism of any kind, whether carried out by private individuals or the state. In this volume of new essays, leading moral, political and (...) legal philosophers address how to define paternalism, its justification, and the implications for public policy, professional ethics and criminal law. So-called 'libertarian' or non-coercive paternalism receives considerable attention. The discussion addresses the nature of freedom and autonomy and the relation of individuals to law, policy and the state. The volume will interest a wide range of readers in political philosophy, public policy and the philosophy of law. (shrink)

The aim of this expository paper is to give an informal overview of a plausible naturalistic case for free will. I will describe what I take to be the main naturalistically motivated challenges for free will and respond to them by presenting an indispensability argument for free will. The argument supports the reality of free will as an emergent higher-level phenomenon. I will also explain why the resulting picture of free will does not conflict with the possibility that the fundamental (...) laws of nature are deterministic, and I will address some common objections. (shrink)

Each chapter in Christianity and Political Philosophy addresses a philosophical problem generated by history. Frederick D. Wilhelmsen discusses the limits of natural law; Cicero and the politics of the public orthodoxy; the problem of political power and the forces of darkness; Sir John Fortescue and the English tradition; Donoso Cortes and the meaning of political power; the natural law tradition and the American political experience; Eric Voegelin and the Christian tradition; and Jaffa, the School of Strauss, and the Christian (...) tradition. Wilhelmsen is convinced that mainstream philosophy's suppression of the Christian experience, or its reduction of Christianity to myths, deprives both Christianity and philosophy. He argues that Christianity opened up an entirely new range of philosophical questions and speculation that today are part and parcel of the intellectual tradition of the West. Wilhelmsen remains relevant because political philosophy in America today is following the historic cycle of political philosophy's importance: as things get worse for the nation because it is internally riven by ideological and spiritual conflicts, there is a greater need for the political philosopher to raise and explore profound questions and reassert forgotten truths about man and society, the soul and God, and good and evil, as well as the ground of political order. This is the latest book in Transaction's esteemed Library of Conservative Thought series. (shrink)

In this article, we aim at presenting a thorough and comprehensive explanation of the mathematical and theoretical relation between all the aspects of Ptolemaic planetary models and their counterparts which are built according to Kepler’s first two laws. Our article also analyzes the predictive differences which arise from comparing Ptolemaic and these ideal Keplerian models, making clear distinctions between those differences which must be attributed to the structural variations between the models, and those which are due to the specific parameters (...) Ptolemy determined in the Almagest. We expect that our work will be a contribution for a better understanding not only of the Ptolemaic theories for planetary longitudes through a clearer perception of the way in which Keplerian features are present—or absent—in Ptolemy’s models, but also for a more balanced judgement of different aspects of the contribution of the first two laws of Kepler to the modern astronomical revolution. (shrink)