Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is (...) not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence. (shrink)

Absolute Positivism The paper argues that we miss the point and strength of Kelsen’s Pure Theory of Law if we take it to drive a middle way between reductionism and moralism. Rather conversely, the Pure Theory is a radical theory. It tries to overcome the opposition between reductionism and moralism by making clear that both opponents rest on the same ill-conceived convictions about legal validity. Both take it that the law cannot be normative by itself. In contrast, the Pure Theory (...) tries to find a new approach to the understanding of law that takes seriously the constitutive functions of law. It tries to understand the validity of law as resting in law itself. As such it is an attempt to find a philosophically satisfactory formulation of what can be called absolute positivism. (shrink)

This paper considers an instance of Ancient Germanic Law in order to open up a new perspective on understanding the nature and functioning of our modern law. The paper claims, along Kelsenian lines, that the law should be understood as an organisation of force and an interpretation of violence. The law orders society by schematising interpretation. The law orders society not by demanding or prohibiting action, but by allowing a certain interpretation of states of affairs, ultimately, the interpretation of violence (...) as legally irrelevant. Ultimately, the law creates peace by interpretation: by allowing us to interpret certain forms of violence as legally irrelevant, the law monopolises force and creates a coercive order that pacifies the land. (shrink)

En este trabajo defenderé la factibilidad de una ciencia jurídica trascendental de las críticas que Jan Sieckmann y Christoph Kletzer han hecho a su carácter constitutivo. Sieckmann argumenta que las propias premisas de la teoría pura del derecho desembocan en una disciplina sin objeto de estudio, mientras Kletzer sostiene que el acto constitutivo se da realmente en la aplicación del derecho. De mi defensa se deriva una exégesis de la relación entre filosofía del derecho, ciencia jurídica y derecho (...) positivo conforme al modelo kantiano de la conexión entre la crítica de la razón pura, la ciencia física y los fenómenos naturales. (shrink)

The first comprehensive collection of the work of Richard Rorty, The Rorty Reader brings together the influential American philosopher’s essential essays from over four decades of writings. Offers a comprehensive introduction to Richard Rorty's life and body of work Brings key essays published across many volumes and journals into one collection, including selections from his final volume of philosophical papers, Philosophy as Cultural Politics ) Contains the previously unpublished essay, “Redemption from Egotism” Includes in-depth interviews, and several revealing autobiographical pieces (...) Represents the fullest portrait available today on Rorty’s relationship with American pragmatism and the trajectory of his thought. (shrink)

The objective list theory of well-being holds that a plurality of basic objective goods directly benefit people. These can include goods such as loving relationships, meaningful knowledge, autonomy, achievement, and pleasure. The objective list theory is pluralistic (it does not identify an underlying feature shared by these goods) and objective (the basic goods benefit people independently of their reactive attitudes toward them). In this paper, I discuss the structure of this theory and show how it is supported by people's considered (...) judgments. I then respond to three objections. First, I argue that there is no conceptual reason to favor a monistic theory of well-being over a pluralistic one (such as the objective list theory). Second, I argue that states of affairs can benefit people even though they hold no positive reactive attitudes toward them. And, third, I argue that objective list theorists can identify a fairly-determinate list of basic goods. (shrink)

In Reasons and Persons, Parfit (1984) posed a challenge: provide a satisfying normative account that solves the Non-Identity Problem, avoids the Repugnant and Absurd Conclusions, and solves the Mere-Addition Paradox. In response, some have suggested that we look toward person-affecting views of morality for a solution. But the person-affecting views that have been offered so far have been unable to satisfy Parfit's four requirements, and these views have been subject to a number of independent complaints. This paper describes a person-affecting (...) account which meets Parfit's challenge. The account satisfies Parfit's four requirements, and avoids many of the criticisms that have been raised against person-affecting views. (shrink)

The first comparative study of Heidegger and Schelling, recognizing Schelling's place in post-Kantian GermanIdealism and his contribution to Heidegger's later thought.

The ability of international ethics and political theory to establish a genuinely critical standpoint from which to evaluate uses of armed force has been challenged by various lines of argument. On one, theorists question the narrow conception of violence on which analysis relies. Were they right, it would overturn two key assumptions: first, that violence is sufficiently distinctive to merit attention as a category separate from other modes of human harming; second, that it is troubling in a special way that (...) makes acts of violence peculiarly hard to justify. This paper defends a narrow understanding of violence and a special ethics governing its use by arguing that a distinctive form of ‘Violent Agency’ is the factor uniting the category while partly accounting for the fearful connotations of the term. Violent Agency is defined first by a double intention (1) to inflict harm using a technique chosen (2) to eliminate or evade the target’s means of escaping it or defending against it. Second, the harms it aims at are destructive (as opposed to appropriative). The analysis offered connects the concept of violence to themes in international theory such as vulnerability, security, and domination, as well as the ethics of war. (shrink)

Comparatives are among the most extensively investigated constructions in generative grammar, yet comparatives involving attributive adjectives have received a relatively small amount of attention. This paper investigates a complex array of facts in this domain that shows that attributive comparatives, unlike other comparatives, are well-formed only if some type of ellipsis operation applies within the comparative clause. Incorporating data from English, Polish, Czech, Greek, and Bulgarian, we argue that these facts support two important conclusions. First, violations of Ross’s Left Branch (...) Condition that involve attributive modifiers should not be accounted for in terms of constraints on LF representations (such as the Empty Category Principle), but rather in terms of the principle of Full Interpretation at the PF interface. Second, ellipsis must be analyzed as deletion of syntactic material from the phonological representation. In addition, we present new evidence from pseudogapping constructions that favors an articulated syntax of attributive modification in which certain types of attributive modifiers may occur outside DP. (shrink)

Hegel’s Logic reveals an insightful and subtle engagement with the traditional problem of free will as it emerges from our basic commitment to the explicability of the world. While the dominant current interpretations of Hegel’s theory of agency find little of significance in the Logic and suggest that Hegel avoided the traditional problem, Yeomans argues both that the problem is unavoidable, and that the two versions of the Logic fruitfully engage the tensions between explicability and both the control and alternate (...) possibilities constitutive of free agency. In particular, Yeomans examines Hegel’s response to three different versions of the principle of sufficient reason that have historically seemed to make free will problematic. The central three chapters take up each of these versions in turn. For each, Yeomans first explores the nature of its challenge to free will with glances both at Hegel’s precursors and contemporaries and at the philosophy of action of our own time. Then Yeomans delves into the arguments of Hegel’s Logic to see how he construed the problematic concepts in question. Finally, Yeomans returns to the issue of free will to bring Hegel’s interpretations of the concepts in the Logic together with elements of his moral psychology from his practical philosophy both to show how the problem of free will can be resolved, and to trace in outline the shape of free will that such a resolution produces. The key connection between the Logic’s reflections on the form of explanation and the practical philosophy’s theory of the will is that both attempt to do justice to the mutual necessity of self-determination and external influence. (shrink)

This chapter examines a key focal characteristic of the Scottish Enlightenment, namely, its delineation of how a ‘science of man’ can inform and structure an account of ‘society’. The key contribution of the Scots to the rise of the human sciences lies in a conception of society as a set of interlocked institutions and behaviours. The Scots provided an analysis of both social statics and social dynamics, which shifted the focus away from the individualism that characterized early modern jurisprudence. Humans (...) as social beings are best understood in society and not as monadic individuals. The Scottish analysis also sidelined the centrality traditionally allotted to the political. Humans are social as well as political animals. Political institutions are simply one kind of institution among several, to be given no greater priority than the rest. (shrink)

The concept of right (jus) as a moral power is traced in Leibniz's earliest to latest philosophical work.

separated from evaluating entailment. Current approaches to semantic inference in question answer-.

Ever since Greek antiquity "disembodied knowledge" has often been taken as synonymous with "objective truth." Yet we also have very specific mental images of the kinds of bodies that house great minds--the ascetic philosopher versus the hearty surgeon, for example. Does truth have anything to do with the belly? What difference does it make to the pursuit of knowledge whether Einstein rode a bicycle, Russell was randy, or Darwin flatulent? Bringing body and knowledge into such intimate contact is occasionally seen (...) as funny, sometimes as enraging, and more often just as pointless. Vividly written and well illustrated, Science Incarnate offers concrete historical answers to such skeptical questions about the relationships between body, mind, and knowledge. Focusing on the seventeenth century to the present, Science Incarnate explores how intellectuals sought to establish the value and authority of their ideas through public displays of their private ways of life. Patterns of eating, sleeping, exercising, being ill, and having (or avoiding) sex, as well as the marks of gender and bodily form, were proof of the presence or absence of intellectual virtue, integrity, skill, and authority. Intellectuals examined in detail include René Descartes, Isaac Newton, Charles Darwin, and Ada Lovelace. Science Incarnate is at once very funny and deeply serious, addressing issues of crucial importance to present-day discussions about the nature of knowledge and how it is produced. It incorporates much that will interest cultural and social historians, historians of science and medicine, philosophers, sociologists, and anthropologists. (shrink)

The set of entities that serves as the domain for our discourse about the mind is metaphysically heterogenous. It includes processes, events, properties, modes, and states. In the latter part of the twentieth century, philosophers started to suppose that a philosophical theory of the mind should be primarily concerned with the explanation of mental states. Those states could then be mentioned in the explanations that would need to be given for mental entities of other sorts. If, for example, we had (...) a prior explanation of belief states, those states could figure in our subsequent explanation of inferences: inferences, on this approach, are to be identified with certain processes of belief revision. This states-first approach was not favoured by earlier theorists of the mind, who tended to suppose that mental events and processes are explanatorily more basic than mental states. The current states-first approach faces insuperable difficulties, which the earlier approach avoids. (shrink)

This essay argues that Montaigne draws on elements of both the Academic and Pyrrhonian skeptical traditions, but that the fundamental desire for self-knowledge that initially led him to appreciate the insights of the ancient skeptics ultimately leads him beyond them. What lies at the heart of Montaigne’s skepticism is neither an epistemological position nor the experience of doubt, but rather the determination to philosophize self-consciously.

A work of remarkable cross-disciplinary scholarship, this volume illuminates the origins of the human sciences and offers a new view of the Enlightenment that ...

Hugely influential, Michel Foucault's work has not only impacted a diverse range of disciplines—from history and sociology to fine arts, feminism, and gay and lesbian studies—but has also profoundly shaped Western culture at a street level. -/- Yet until now there has been no overarching systematic approach to his work from a Reformed perspective—let alone one that is as fair and accessible as Watkin's. After walking us through key elements of Foucault's thought, Watkin both critiques and answers Foucault through the (...) Bible's teaching on history, power, and identity. His insights are necessary reading for anyone who wants to engage thoughtfully with the ideas of our culture. (shrink)