As Kent Greenwalt's second volume on aspects of legal interpretation, this book analyzes statutory and common law interpretation and compares the two. In respect to statutory interpretation, it first asks whether judges are "faithful agents" of the legislature or "independent cooperative partners." It concludes that the obvious answer is that neither simple categorization really fits-that the function of judges involves a combination of roles. The next issue addressed is whether the intent of those in authority matters for interpreting the (...) kinds of instructions contained in statutes. At the general level, the answer is "yes." This answer follows even if one thinks interpretation should concentrate on the understanding of readers, because readers themselves would treat intentions as part of the relevant context of the language of statutes. It would take some special reasons, such as constitutional structure or unreliability, to discount actual intents of legislators and use of legislative history. The book argues that none of these special reasons are convincing. On the question whether judges should focus on the language of specific provision or overall purpose, both are relevant, and purpose should become more important as time passes. In an analysis of various other features of statutory interpretation, the book claims that presidential signing statements should not have weight, that subsequent legislative actions short of new statutes should only occasionally carry importance, that "canons of interpretation," such as the rule of lenity, can provide some, limited, guidance, and that there are special reasons for courts to adhere to precedents in statutory cases, but these should not yield any absolute rule. A chapter on administrative interpretation of statutes claims that the standards agencies apply should differ to a degree from those of courts and that judicial deference to those interpretations is ordinarily warranted. The book's second part, on common law interpretation, considers the force of precedents, resisting any simple dichotomy between holding and dictum. It also defends the use of reasoning by analogy, not only in the initial stages thinking about a problem, but also in respect to some final justifications for decisions. An examination of the place of rules, principles, and policies argues that all three are relevant in common law interpretation; and shows that common law interpretation is not reducible to any formula. A final chapter compares statutory and common law interpretation, similarities and differences, how each can affect the other, and the significance of having a legal system in which they both play prominent roles. (shrink)

Mealey's excellent target article rests on several assumptions that may be questioned, including the overarching assumption that sociopathy reflects the failure of a small minority of males to cooperate with the larger group. I suggest that violent competition in ancestral bands cheatinggame was the primary evolutionary precursor of sociopathy. Today's violent sociopath is far more a than a failed cooperator.

This paper argues that fitness is most usefully understood as those properties of organisms that are explanatory of survival in the broadest sense, not merely descriptive of reproductive success. Borrowing from Rosenberg and Bouchard , fitness in this sense is ecological in that it is defined by the interactions between organisms and environments. There are three sorts of ecological fitness: the well-documented ability to compete, the ability to cooperate , and a third sense of fitness that has received insufficient attention (...) in evolutionary theory, the ability to construct. Following Lotka, it can be understood thermodynamically as the ability to maintain or enlarge the energy-circulating capacity of an ecosystem. An organism that does this could end with its gene frequency unchanged but its probability of survival enhanced since it would sustain or increase the total carrying capacity of its ecosystem. Photosynthesizers and other autotrophs are obvious candidates for organisms that are fit in the constructive sense, but any organisms, including heterotrophs, can exhibit constructive fitness if they have some mechanism for channeling external flows of free energy into their ecosystems. I will briefly examine the prospects for the human species in the light of these considerations. (shrink)

In recent debates surrounding World Health Organization reform, international lawmaking has received unprecedented attention as a future priority function of the Organization. Although WHO's constitutional lawmaking authority was historically neglected and even resisted by WHO and its Member States until the adoption of its first treaty a decade ago, the widespread consensus in favor of a central role for lawmaking in visions of a reformed WHO reflects the crystallization of contemporary approaches to global health governance. Today it is widely recognized (...) that the trends toward globalization that have restricted the capacity of sovereign states to protect health through unilateral action alone have made innovative mechanisms to promote global cooperation and coordination, including international lawmaking, an essential component of governance of public health. (shrink)

We show that every nonzero $${\Delta^{0}_{2}}$$ enumeration degree bounds the enumeration degree of a 1-generic set. We also point out that the enumeration degrees of 1-generic sets, below the first jump, are not downwards closed, thus answering a question of Cooper.

Andrew Cooper presents the first systematic study of Kant's account of natural history. Cooper contends that Kant made a decisive contribution to one of the most explosive and understudied revolutions in the history of science: the addition of time to the frame in which explanations are required, sought, and justified in natural science. Through addressing a wide range of Kant's works, Cooper challenges the claim that Kant's theory of science denies a developmental conception of nature and argues (...) instead that it establishes a method by which natural historians can genuinely dispute historical claims and potentially come to consensus. This method, Cooper argues, can be used to expose serious flaws in Kant's own historical reasoning, including the formation and defence of his racist views. The book will be valuable to philosophers seeking to discern both the power and limitations of Kant's theory of science, and to historians of science working on the fractured landscape of eighteenth-century Newtonianism. (shrink)

One of the fundamental questions in post-Fregean philosophy is how to account for the normativity involved in assertoric claims once the traditional subject-object view of thinking is rejected. One of the more productive lines of inquiry in the contemporary literature attributes normativity to second nature, which is presented as a sui generis space of reason giving and receiving distinct from the space of nature studied by the natural sciences. In this paper I suggest an alternative account by drawing from Castoriadis’s (...) philosophical interpretation of autopoiesis. For Castoriadis, the idea of second nature protects the modern conception of nature from undergoing the radical critique it requires, for it restricts normativity to the anthropic sphere. In contrast, he proposes an autopoietic account of the subject that grounds the capacity to know that one knows in the activity of the living being. Castoriadis demonstrates that the normativity of assertoric claims is not a vertical break from nature but rather a horizontal transformation of the biological capacity for self-referentiality. (shrink)

Libertarians propose that if agents are to act freely they must have alternative possibilities open to them and control over which possibility becomes actual. To secure alternative possibilities, libertarians must accept that our free actions are undetermined events. Proponents of the “luck objection” to libertarianism argue that undetermined events are not the sorts of things over which agents can have control. In what follows, I defend the luck objection against three of the more promising libertarian rejoinders.

Our concept of disorder is changing. This causes problems for projects of descriptive conceptual analysis. Conceptual change means that a criterion that was necessary for a condition to be a disorder at one time may cease to be necessary a relatively short time later. Nevertheless, some conceptually based claims will be fairly robust. In particular, the claim that no adequate account of disorder can appeal only to biological facts can be maintained for the foreseeable future. This is because our current (...) concept of disorder continues to be laden with ethical and political values in multiple ways. (shrink)

This article explores the challenge of developing a feminist law reform proposal to decertify sex and gender based on research conducted for the ‘Future of Legal Gender' project. Locating the proposal to decertify within a do-it-yourself, prefigurative approach to law reform, the article asks: Can a law reform proposal be both instrumental and radical? Can a proposal take shape as a viable legislative text and as a more subversive intervention to unsettle and reimagine gender’s relationship to law? This article explores (...) this at two levels. First, it considers the ontological challenges of developing a controversial law reform proposal in terms of its realness (or fictiveness), contours, and temporality, turning to ‘slow law' as a credible way of approaching radical reform. Second, it explores the design-based challenges of legal prototyping—foregrounding questions of legitimacy, participation, and purpose, which arise in designing a decertification law. At the heart of this discussion is the relationship between representation and enactment—between what a proposal presents and what its presentation does and does not accomplish. (shrink)

In "Pursuits of Wisdom," John Cooper brings this crucial question back to life. This marvelous book will shape the way we think about and engage with ancient philosophical traditions.

Núñez et al. (2019) argue that cognitive science has failed either “to transition to a mature inter‐disciplinary coherent field” (p. 782) or “to generate a successful [Lakatosian] research program” (p. 789). We argue that the former was never the intention of many early researchers within the field, while the latter is an inappropriate criterion by which to judge an entire discipline. However, we concur with Núñez et al. (2019) that the individual disciplinary balance within cognitive science has changed over time. (...) Of particular concern is the fact that the use of computational methods appears to be on the wane. (shrink)

The pervasive use of contracts in healthcare is a source of unease for many healthcare ethicists and patient advocates. This commentary examines the use of such contracts with individuals in rehabilitation settings who have complex medical and behavioural issues. The goals of this paper are to examine the many factors that can lead to contract use, to discuss some legal and ethical implications of contract use, and to assess contract use in light of concerns about health equity. The paper concludes (...) with some practical alternatives to the use of such contracts, and refers specifically to tools that might be borrowed from the field of behavioural therapy. (shrink)

This engaging volume explores and defends the claim that misanthropy is a justified attitude towards humankind in the light of how human beings both compare with and treat animals. Reflection on differences between humans and animals helps to confirm the misanthropic verdict, while reflection on the moral and other failings manifest in our treatment of animals illuminates what is wrong with this treatment. Human failings, it is argued, are too entrenched to permit optimism about the future of animals, but ways (...) are proposed in which individual people may accommodate to the truth of misanthropy through cultivating mindful, humble and compassionate relationships to animals. Drawing on both Eastern and Western philosophical traditions David E. Cooper offers an original and challenging approach to the complex field of animal ethics. (shrink)

In this paper I extend the case for a necessitation account of particular laws in Kant's philosophy of science by examining the relation between reason's hypothetical use in the Appendix to the Transcendental Dialectic and the legitimate hypotheses identified in the Doctrine of Method. Building on normative accounts of reason's ideas, I argue that reason's hypothetical use does not describe the connections between objects and their grounds, which lie beyond the reach of the understanding, but merely prescribes the relations between (...) appearances and their conditions, for which the understanding must seek. A legitimate hypothesis, I suggest, is a proposition we hold to be true that fills in one or several of those relations. The problematic character of hypotheses requires that we evaluate our reasons for holding them to be true. While natural modality is grounded in the nature of things, which cannot be fully known, our reasons for assent can and must be grounded on features of objects that are epistemically available to us. (shrink)

This article considers what the implications of decertification would be for single-sex services such as domestic and sexual violence support. Some reform options attached to decertification could (re)allocate authority away from the state to organisations or individuals to determine gender criteria. What would the consequences of such re-allocation be in determining eligibility to receive or access services or excluding people on the basis of a characteristic protected under equality law? Engaging with this in the context of domestic and sexual violence (...) support service provision raises a number of questions. Firstly, does the existence of gender-based violence and/or of the effects it produces require a stable category in order to address them? What benefits may emerge from providing single-sex spaces that could not be replicated in other settings? And finally, what criteria of exclusion and inclusion are currently used to determine access to spaces beyond legal gender status? (shrink)

This is a study of Aristotle's moral philosophy as it is contained in the Nicomachean Ethics. Hardie examines the difficulties of the text; presents a map of inescapable philosophical questions; and brings out the ambiguities and critical disagreements on some central topics, inclduing happiness, the soul, the ethical mean, and the initiation of action.

Simple heuristics are clearly powerful tools for making near optimal decisions, but evidence for their use in specific situations is weak. Gigerenzer et al. (1999) suggest a range of heuristics, but fail to address the question of which environmental or task cues might prompt the use of any specific heuristic. This failure compromises the falsifiability of the fast and frugal approach.

Based on data from a survey of biological scientists at 125 American universities, this article explores how the commercialization of the university affects the problems academic scientists pursue and argues that this reorientation of scientific agendas results in a shift from science in the public interest to science for private goods. Drawing on perspectives from Bourdieu on how actors employ strategic practices toward the accumulation of social capital and acquire dispositional and perceptional tendencies that in turn recondition social structures, the (...) commercialization of the university is construed not as something that ‘‘happens to,’’ but rather something that ‘‘happens through’’ academic scientists. The specific shape and direction of the commercialization of the university is therefore influenced by how scientists incorporate the new resources and social relations of commercialization into their scientific practice and how their creative engagement with shifting structural conditions remakes the culture of academic science. (shrink)

We present a sketch of a formulation of an analysis of clarification ellipsis using dependent record types as they have been developed in Martin-Lof type theory. Record types provide a semantic formalism which at the same time..

Martin Heidegger and Cornelius Castoriadis both understood Greek tragedy in relation to a political rupture in the Athenian world, a rupture containing insights into the ontological grounding of human beings. This paper critically explores the role of 'the Greeks' in Heidegger and Castoriadis' political thought, drawing implications for the availability of the Greeks for any philosophical thinking. After his infamous Rectoral Address in 1933 Heidegger turned explicitly to Greek tragedy in his lectures at Freiburg ( Introduction to Metaphysics and Hölderlin’s (...) Hymn ) to search for resources that might prove fundamental to instigating a new political era. However, he constructed a transcultural notion of 'the Greeks' at the expesnse of seeing tragedy as the development of a public institution that facilitated the criticism of the shared values and ideas of a particular historical epoch. Castoriadis, on the other hand, saw tragedy not simply as an awareness of the groundlessness of human society, but as the ceaseless questioning of what society is for. For Castoriadis, the Greeks are present to us in the same political rupture we experience today. In this paper I will argue that Castoriadis is more successful than Heidegger in developing an account of human creativity that holds open the problematic relation between the created world and human beings, though not without significant problems. I will conclude by suggesting that Euripides, a tragedian overlooked by Castoriadis, can supply some critical recouses for addressing them. (shrink)

The politics of precarity have emerged on the contemporary scene of critical theory with great social force in recent years. This paper looks at the risks and obstacles of positing precariousness and vulnerability as the basis of a universal ethics while also arguing for the socially transformative potential of such a model. More broadly, it considers the crucial question of what stands in the way of human relation and ethical life in an age of neoliberalism and biopolitics, and posits an (...) ethics of resemblance grounded in the commonality of flesh and in the at once singular and universal experience of loss. (shrink)

Against the growing trend in philosophy toward naturalistic analysis, Kant’s Critique of the Power of Judgment has gained significant attention. Some scholars suggest that Kant’s insights bear on our aesthetic appreciation of nature, others on our account of the life sciences. In this paper I draw these lines of inquiry together to identify two overlooked dimensions of Kant’s project: the role of moral hope in problematizing the limits of natural science and the role of culture in providing a solution. Kant (...) argues that we cannot think consistently unless we are able to conceive of nature as a domain that is hospitable to human freedom. His response is to identify the productive capacity of the imagination to transform the material of nature into something more. While the prevailing conception of nature today is at best indifferent and at worst antagonistic to human habitation, this dimension of Kant’s work has much to bear on contemporary thought. (shrink)

Over the past few decades, philosophers of biology have debated the need for a revised evolutionary synthesis that could integrate the causal dynamics of singular organisms into mainstream biological theory. In this chapter I examine two synthesizing arguments (extension and accretion) by turning to a historical source that has recently caught the attention of philosophers on both sides of the debate: Immanuel Kant’s Critique of the Power of Judgment. I argue that accretionists and extenders both pick out one of two (...) key components in Kant’s account of teleological judgment, which, according to Kant, must be held together. By emphasizing one part of Kant’s account of teleological judgment at the expense of the other, both sides overlook the practical nature of his critique. Kant does not simply identify the conditions that render it necessary to judge some products of nature teleologically, I suggest, but also demonstrates the need for second-order analysis to define various domains of inquiry that arise in response to the explanatory demands of nature. The shared turn to Kant indicates that synthesizing arguments can be evaluated against their capacity to accommodate ongoing negotiation between the plurality of research aims in practice. I conclude that a deflationary version of the extension argument is best suited to the task. (shrink)

How does a parent get a child to do something? And, indeed, how might the child avoid complying or seem to comply without actually having done so? This article uses conversation analysis to identify the interactionally preferred and dispreferred response to directives. It then focuses on one alternative response option that has both verbal and embodied elements. The first part involves an embodied display of incipient compliance. That is, actions that are preparatory steps towards compliance and signal that it may (...) be forthcoming, but which do not in themselves constitute compliance. Incipient compliance creates sequential space for a verbal turn that reformulates the ongoing action as autonomous, self-motivated behaviour on the recipient’s part, rather than subject to the will of the directive speaker. This enables the recipient to maintain autonomy over their own conduct without provoking the conflict or repeat directives associated with outright resistance. (shrink)

Knowledge, Nature, and the Good brings together some of John Cooper's most important works on ancient philosophy. In thirteen chapters that represent an ideal companion to the author's influential Reason and Emotion, Cooper addresses a wide range of topics and periods--from Hippocratic medical theory and Plato's epistemology and moral philosophy, to Aristotle's physics and metaphysics, academic scepticism, and the cosmology, moral psychology, and ethical theory of the ancient Stoics.Almost half of the pieces appear here for the first time (...) or are presented in newly expanded, extensively revised versions. Many stand at the cutting edge of research into ancient ethics and moral psychology. Other chapters, dating from as far back as 1970, are classics of philosophical scholarship on antiquity that continue to play a prominent role in current teaching and scholarship in the field. All of the chapters are distinctive for the way that, whatever the particular topic being pursued, they attempt to understand the ancient philosophers' views in philosophical terms drawn from the ancient philosophical tradition itself.Through engaging creatively and philosophically with the ancient texts, these essays aim to make ancient philosophical perspectives freshly available to contemporary philosophers and philosophy students, in all their fascinating inventiveness, originality, and deep philosophical merit. This book will be treasured by philosophers, classicists, students of philosophy and classics, those in other disciplines with an interest in ancient philosophy, and anyone who seeks to understand philosophy in philosophical terms. (shrink)

Emmanuel Levinas never wrote about cinema. To the uninitiated, this may appearsurprising, given that his life spanned the twentieth century, in which film emerged as amajor art form, and his work includes tantalising allusions to films and the cinematicmedium. Far from surprising, however, the liminal place that cinema occupies inLevinas’s thought is entirely understandable. Although his philosophy features manycultured references to literature and the other arts, and he discusses the work of suchwriters as Marcel Proust and Michel Leiris in some (...) detail, his early work is dismissive ofthe aesthetic dimension in ethical terms. More significantly still, his philosophy bears achallenging relation to questions of vision and the phenomenological world ofappearance, tending towards the anti-ocular and revealing an iconoclastic approach toimages. There is something provocative, then, in wanting to ask what Levinas’sphilosophy has to say about cinema, if we understand this realm as the location parexcellence of the moving image. Yet this is precisely the guiding question of this SpecialIssue, which is the first to bring together articles on the work of Levinas and the insightsthat his philosophy can offer to film studies. The collection features an internationalselection of contributors, and includes Levinas specialists as well as film scholars. Thereis no easy bond to be forged between this philosopher and film, and the possibility ofmaking this connection remains open to interrogation throughout some of the articles.But by taking Levinas to the cinema, while tracking the cinematic aspects of his thinking,all of the contributors address this hitherto occluded relation in generative ways, andeach creates a critical opening for future research in the field. (shrink)

My principal aims are to question the conventional wisdom on two points. First, it argues that cognitive understanding is neither identical with nor reducible to knowledge?why, and that it is a multiform capacity which adds value to knowledge, true belief, and human creative activity. Essential to understanding is epistemic ascent, the rising above bare knowledge, to assess, appraise, compare, contrast, emphasize, connect and so on. Different modes of understanding are distinguished and an accompanying vocabulary of mode?indicators (expressing Fregean ?colour'). Second, (...) I argue for the unity and continuity of understanding and reject any Diltheyesque idea of a great divide between so?called ?explanation? and ?understanding?, a divide which has sometimes been used to make a sharp demarcation between the natural sciences and the humane studies and sciences. A connection between humane and natural?scientific understanding is established through the Linkage Principle. The idea that there is in every case a uniquely right understanding is rejected and the role of multiple descriptions in both the natural sciences and humane understanding is emphasized. (shrink)

The Liberal Arts model of undergraduate education within small, internationally-focused University Colleges is becoming increasingly popular in Europe. This trend is most notable in the Netherlands, where the liberal arts model is acclaimed as filling a gap in Dutch undergraduate education at conventional research universities. This paper explores the status of the Dutch University College as simultaneously continuing the liberal arts tradition of the US, with its civic and pedagogic values, and providing a truly modern education preparing students to find (...) innovative and inter-disciplinary solutions to the complex problems which define contemporary society. It concludes that the traditional role of a liberal arts education in cultivating intellectual rather than vocation skills does not have to exclude its appeal as providing the skills necessary for professional success in global sectors of the 21 st century knowledge economy. (shrink)

Any account of knowledge has to take account both of the contribution of the world and the contribution of man. Every human endeavour, every activity, every art, every science is a product of a unique interaction between man and the world. Where man is most passive, he merely reflects and reports the world; this is pure discovery, if it ever exists. Where man is most active, the world's contribution lies merely in the provision of the raw material; this is pure (...) invention, if it ever exists. All the arts, all the sciences can be ordered in a continuous array or spectrum ranging from pure discovery to pure invention. That they are all at some point on this continuum gives them a common but fragile thread, justifying our thinking and talking of the unity of the arts and sciences. Philosophy is neither pure discovery nor pure invention; it bears resemblances to both a science and an art. In this paper I propose to try to give reasons why we should regard the philosopher as an artist and philosophy as an art; or, at any rate, I shall try to show that there is an Art of Philosophy. (shrink)

In an era when public faith in politicians is dwindling, yet trust in scientists remains relatively high, governments are increasingly emphasizing the role of science based policy-making in response to challenges such as climate change and global pandemics. In this paper we question the quality of some scientific advice given to governments and the robustness and transparency of the entire framework which envelopes such advice, all of which raise serious ethical concerns. In particular we focus on the so-called Imperial Model (...) which heavily influenced the government of the United Kingdom in devising its response to the COVID-19 crisis. We focus on and highlight several fundamental methodological flaws of the model, raise concerns as to the robustness of the system which permitted these to remain unchallenged, and discuss the relevant ethical consequences. (shrink)

In addition to gestalt psychology and phenomenology, merleau-ponty's first book was influenced decisively by hegel. more precisely, it is argued that his critical remarks concerning reflexology as well as idealism and empiricism were inspired in large measure by the interpretation of hegel that merleau-ponty learned from alexandre kojeve.

Here, we add to the debate as to whether false recognition of emotional stimuli is more memory-based or more bias-based. Emotional false memory findings using the DRM paradigm have been marked by higher false alarms to negatively arousing compared to neutral critical lure items. Explanation for these findings has mainly focused on false memory-based accounts. However, here we address the question of whether a response bias for emotional stimuli can, at least in part, explain this phenomenon. In Experiment 1, we (...) used a criterion warning, previously shown to increase more conservative responding and reduce false recognition. Experiment 2, we employed a two-alternative-forced choice test, which minimises the role of criterion setting. In both experiments, we compared false alarms to negative and neutral critical lures. We observed a significant decrease in false recognition rates for both negative and neutral critical lures under the conditions of forced choice restriction and criterion warning. However, despite these conditions, negative items, compared to their neutral counterparts, still consistently provoked a higher degree of false recognition. The discussion that follows presents an exploration of both memory-based accounts and criterion-setting explanations for the enhanced emotional false memory finding. (shrink)