According to H.L.A. Hart's analysis, to utter an internal legal statement is partly to express an acceptance of a set of norms. This article attempts to defend Hart's conception of internal legal discourse by responding to the following three lines of criticism that can be found in Joseph Raz's writings: (i) that Hart's analysis fails to account for what Raz calls ‘detached legal statements’; (ii) that Hart's deployment of the notion of acceptance in his analysis vitiates his legal positivist project (...) because such acceptance necessarily amounts to moral endorsement; and (iii) that Hart is wrong to assume that normative practices, including discursive legal practices, can be characterized satisfactorily by deploying only descriptive statements. I argue that Hart's theory, or at least a theory along the lines that Hart developed, has sufficient resources to handle satisfactorily these criticisms. His world is a noonday world in which sharply outlined figures, most of them more than a little singular, act in describable ways against perceptible backgrounds. Clifford Geertz, speaking of Sir Edward Evan Evans-Pritchard. (shrink)

Phenomenology was in large part the discovery of Edmund Husserl, whose Logical Investigations of 1900/01 are normally regarded as the work that launched the phenomenological movement. Yet Husserl's phenomenology, in particular in the form in which it is set out in this his most important contribution to philosophy, is itself part of an Austrian philosophical tradi tion inspired by Brentano and continued, in very different ways, by Meinong, Stumpf, Twardowski, Ehrenfels, Husserl - and Marty. Like Brentano and all his heirs (...) Marty's philosophical interests were in the philosophy of mind, where this is taken to include or at least ground the philosophy of language, and analytic metaphysics. It is Marty's discussions of topics in these two areas that provide the contributions to this volume with their subject-matter. The papers by Roderick Chisholm, S. -Y. Kuroda, Barry Smith, Peter Simons, Rosaria Egidi, Karl Schuhmann, Elmar Holenstein, Edgar Morscher, Wolf gang Wenning and myself were presented at the 1984 conference on Anton Marty in Fribourg, Switzerland. Our host in Fribourg was Guido Kung, the conference was made possible by the Fritz Thyssen Stiftung. I should like to thank both for their help. Geneva, April 1988 KEVIN MULLIGAN Xl Abbreviations Employed in the Text Anton Marty's two major works, the Untersuchungen and the posthumously published Raum und Zeit are referred to in what follows in the following style. U Untersuchungen zur Grundlegung der allgemeinen Grammatik und Sprachphilosophie, Vol. I (only volume published). Halle a. S. (shrink)

A series of imitation games involving 3-participant (simultaneous comparison of two hidden entities) and 2-participant (direct interrogation of a hidden entity) were conducted at Bletchley Park on the 100th anniversary of Alan Turing’s birth: 23 June 2012. From the ongoing analysis of over 150 games involving (expert and non-expert, males and females, adults and child) judges, machines and hidden humans (foils for the machines), we present six particular conversations that took place between human judges and a hidden entity that produced (...) unexpected results. From this sample we focus on features of Turing’s machine intelligence test that the mathematician/code breaker did not consider in his examination for machine thinking: the subjective nature of attributing intelligence to another mind. (shrink)

George Klosko rejects the standard assumption that political obligations, at least insofar as they are conceived as moral requirements to obey the law, must be content-independent. He thereby neglects the familiar distinction between obedience to and mere compliance with legal norms. The present article insists on this distinction by identifying a plausible alternative to the understanding of content-independence that Klosko correctly, even if not for the most obvious reason, dismisses and mistakenly, though not unreasonably, attributes to several philosophers with whose (...) work it is actually incompatible. Given Klosko’s failure to examine this further option, which is consistent with nearly all, including skeptical, theories of political obligation, his case against the necessity of content-independence must be deemed unsuccessful. (shrink)

The rise of modern science and the proclaimed 'death' of God in the nineteenth century led to a radical questioning of divine action and authorship - Bultmann's celebrated 'demythologizing'. Remythologizing Theology moves in another direction that begins by taking seriously the biblical accounts of God's speaking. It establishes divine communicative action as the formal and material principle of theology, and suggests that interpersonal dialogue, rather than impersonal causality, is the keystone of God's relationship with the world. This original contribution to (...) the theology of divine action and authorship develops a new vision of Christian theism. It also revisits several long-standing controversies such as the relations of God's sovereignty to human freedom, time to eternity, and suffering to love. Groundbreaking and thought-provoking, it brings theology into fruitful dialogue with philosophy, literary theory, and biblical studies"--Provided by publisher. (shrink)

The idea of moral responsibility is central to a wide range of our moral, social, and legal practices, and it underpins our basic notion of culpability. Yet the idea of moral responsibility is increasingly viewed with skepticism by researchers and scholars in psychology, neuroscience, philosophy, and the law. Building Better Beings: A Theory of Moral Responsibility responds to these challenges, offering a new account of the justification of our practices and judgments of moral responsibility. Three distinctive ideas shape the account. (...) The first is the agency cultivation model, which holds that a system of responsibility practices can derive its justification from the way it supports our agency. The second idea, circumstantialism, is a new way of thinking about agential capacities. This is the view that the capacities required for moral responsibility are functions of agents in circumstances, rather than basic features of agents considered in themselves. The third idea is revisionism, or the idea that a satisfactory theory of moral responsibility will conflict with some aspects of ordinary commitments about freedom and moral responsibility. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart's campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers' views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. ‘Yet the answer is a prosaic one: don’t ask what time is but how the word ‘time’ is being used’.Friedrich Waismann.I miss the future.Jaron Lanier. (shrink)

My goal in this chapter is to consider the connection between an agent’s moral character and those actions that she is capable of freely performing. Most of these connections hold for all moral agents, but my particular focus will be on the specific case of divine agency. That is, I’m primarily interested in the connection between God’s moral character and His exercise of His free agency. As I will argue, even if an agent’s character determines her choices or actions, that (...) doesn’t threaten the agent’s freedom so long as her character is formed in the right way.1 (Or, perhaps more accurately, so long as it’s not formed in the wrong way. And I do not see how God’s character could be formed in such a way that would undermine the exercise of His agency.) I proceed as follows. First, I explore the relationship between what an agent freely chooses to do and her moral character in general. I then address the relationship between God’s character, His reasons, and His freedom, on the assumptions of Perfect Being Theology.2 In the third section, I turn to the compatibility question, and show how an incompatibilist could agree with everything I say in the first two sections. That is, I argue that the considerations to which I appeal regarding divine freedom do not force the Perfect Being theologian to endorse compatibilism (though they also don’t prove incompatibilism). (shrink)

This volume presents 15 studies occasioned by the 500th anniversary of the European discovery of America. It covers both the initial encounters between the Europeans and native Americans and the golden age of Hispanic philosophy that followed the discovery - specifically between 1500 and 1650.

We prove that the classes of UHF algebras and AF algebras, while not axiomatizable, can be characterized as those C*-algebras that omit certain types in the logic of metric structures.

In this lively undergraduate textbook, Kevin Gibson explores the relationship between ethics and the world of business, and how we can serve the interests of both. He builds a philosophical groundwork that can be applied to a wide range of issues in ethics and business, and shows readers how to assess dilemmas critically and work to resolve them on a principled basis. Using case studies drawn from around the world, he examines topics including stakeholder responsibilities, sustainability, corporate social responsibility, (...) and women and business. Because business can no longer be isolated from its effects on communities and the environment, these concerns are brought to the forefront. The book also captures the dynamic nature of business ethics in the era of globalization where jobs can be outsourced, products are made of components from scores of countries and sweatshops often provide the cheap goods the public demands. (shrink)

This paper seeks to uncover and rationally reconstruct four theoretical prescriptions that H. L. A. Hart urged philosophers to observe and follow when investigating and theorizing about the nature of law. The four prescriptions may appear meager and insignificant when each is seen in isolation, but together as an inter-connected set they have substantial implications. In effect, they constitute a central part of Hart’s campaign to put philosophical investigations about the nature of law onto a path to a genuine research (...) program. The paper takes note of certain prevalent and robust trends in contemporary legal philosophy that detract its practitioners from the four prescriptions, and that have them revert to the some older modes of thinking from which Hart sought a decisive break. A number of contemporary legal philosophers’ views and commitments are taken up and assessed, and in particular those of John Gardner and Leslie Green. (shrink)

In this essay, I claim that certain passages in Book IV of Benedict de Spinoza’s Ethics suggest a novel version of what is known as metaethical constructivism. The constructivist interpretation emerges in the course of attempting to resolve a tension between Spinoza’s apparent ethical egoism and some remarks he makes about the efficacy of collaborating with the right partners when attempting to promote our individual self-interest. Though Spinoza maintains that individuals necessarily aim to promote their self-interest, I argue that Spinoza (...) has an atypical conception of self that allows the interests of other people to be partially constitutive of one's own self-interest. In this way, Spinoza can account for the rationality of concern for the interests of others. This interpretation attributes to Spinoza a form of constructivism that differs in important ways from contemporary Humean and Kantian constructivisms and which can in principle be detached from Spinoza’s particular metaphysical commitments in order to yield a third general category of constructivist view. Though my treatment is necessarily brief, it is my hope that it can serve both to motivate a constructivist reading of Spinoza and, perhaps even more crucially, to suggest a Spinozistic variety of constructivism as a live theoretical option in metaethics. (shrink)

According to a widely held view, people's commitments to laws are dependent on the existence in their community of a conventional practice of complying with certain fundamental laws. This conventionalism has significantly hampered our attempts to explain the normative practice of law. Ronald Dworkin has argued against conventionalism by bringing up the phenomenon of persistent fundamental legal controversies, but neither Dworkin nor his legal positivist respondents have correctly understood the real significance of such controversies. This article argues that such controversies (...) pose a deep challenge to any conception of our legal practice as a genuinely normative, rule-mediated, practice. The article also argues that what is needed to deflect this challenge is a new understanding – different from the widely held conventionalist understanding – of how people's commitments to laws are predicated on their fellows’ like commitments. (shrink)

Most of us are certain that we have free will, though what exactly this amounts to is much less certain. According to David Hume , the question of the nature of free will is “the most contentious question of metaphysics.” If this is correct, then figuring out what free will is will be no small task indeed. Minimally, to say that an agent has free will is to say that the agent has the capacity to choose his or her course (...) of action. But animals seem to satisfy this criterion, and we typically think that only persons, and not animals, have free will. Let us then understand free will as the capacity unique to persons that allows them to control their actions. It is controversial whether this minimal understanding of what it means to have a free will actually requires an agent to have a specific faculty of will, whether the term "free will" is simply shorthand for other features of persons, and whether there really is such a thing as free will at all. (shrink)

The concept of political authority is the guiding problematic of Kant's mature political philosophy. The proper foundation of state authority lies, according to him, in the idea of an “original contract” and it is only in terms of this regulative principle that the sovereign nature of the state can even be conceived. By placing this doctrine at the core of his political thought Kant appears to affirm the fundamental tenet of the contractarian tradition: legitimate political authority arises only from the (...) consent of those under such authority. (shrink)

Wittgenstein was centrally concerned with the puzzling nature of the mind, mathematics, morality and modality. He also developed innovative views about the status and methodology of philosophy and was explicitly opposed to crudely "scientistic" worldviews. His later thought has thus often been understood as elaborating a nuanced form of naturalism appealing to such notions as "form of life", "primitive reactions", "natural history", "general facts of nature" and "common behaviour of mankind". And yet, Wittgenstein is strangely absent from much of the (...) contemporary literature on naturalism and naturalising projects. This is the first collection of essays to focus explicitly on the relationship between Wittgenstein and naturalism. The volume is divided into four sections, each of which addresses a different aspect of naturalism and its relation to Wittgenstein's thought. The first section considers how naturalism could or should be understood. The second section deals with some of the main problematic domains—consciousness, meaning, mathematics—that philosophers have typically sought to naturalise. The third section explores ways in which the conceptual nature of human life might be continuous in important respects with animals. The final section is concerned with the naturalistic status and methodology of philosophy itself. This book thus casts a fresh light on many classical philosophical issues and brings Wittgensteinian ideas to bear on a number of current debates-for example experimental philosophy, neo-pragmatism and animal cognition/ethics-in which naturalism is playing a central role. (shrink)

According to reductionists about agency, an agent’s bringing something about is reducible to states and events involving the agent bringing something about. Many have worried that reductionism cannot accommodate robust forms of agency, such as self-determination. One common reductionist answer to this worry contends that self-determining agents are identified with certain states and events, and so these states and events causing a decision counts as the agent’s self-determining the decision. In this paper I discuss J. David Velleman’s identification reductionist theory, (...) according to which an agent is identified with his desire to make most sense of himself. I develop two constraints that an adequate identification reductionist theory must satisfy and show that Velleman’s theory cannot satisfy both. In particular, I argue that Velleman’s account founders on cases of self-determined self-transformation. (shrink)

My point of departure is the idea that Wittgenstein's work, especially his later work with its explicit emphasis on practices, seeks to engage a reader who is likely to come to philosophy with a certain cast of mind that includes unexamined commitments from a particular cultural context. I show how a substantial number of remarks by Wittgenstein in which he addresses cultural topics bring out the importance of the quite specific connections he saw between the philosophical problems with which he (...) grappled and the historical cultural context in which those problems have arisen. Not only is a grasp of this aspect of his writing integral to a proper understanding of Wittgenstein as a thinker, bringing out these connections serves to put these remarks into a coherent conceptual framework. In assessing the relation of Wittgenstein's cultural concerns to his engagement with metaphysics, I show how his development of Spengler's thought is an important connecting link. Particularly important for this analysis will be my discussion of Wittgenstein's understanding and employment of the concept of a Betrachtungsform , as well as a few closely related concepts. I then offer an interpretation of what I believe to be the significance of the connection in his later thought between his philosophical activity and his views about the modern West. (shrink)

Understanding Tourism introduces tourism students to concepts drawn from critical theory, cultural studies and the social sciences.

The paper assumes for its starting point the basic correctness of the so-called “resolute” reading of Wittgenstein's Tractatus, a reading first developed by Cora Diamond and James Conant. The main part of the paper concerns the consequences this interpretation will have for our understanding of Wittgenstein's well-known remark in a letter to a prospective publisher that the point or aim of his book was an ethical one. I first give a sketch of what, given the committments of the resolute reading, (...) the ethical point of the book will be, and then argue that given these committments and Wittgenstein's own philosophical biases at the time he wrote the Tractatus, the book cannot serve the ethical purpose for which it was written. (shrink)

This paper examines the role of pramāṇa in Jayānanda’s commentary to Candrakīrti’s Madhyamakāvatāra. As the only extant Indian commentary on any of Candrakīrti’s works (available only in Tibetan translation), written in the twelfth century when Candrakīrti’s interpretation of Madhyamaka first became widely valued, Jayānanda’s Madhyamakāvatāraṭīkā is crucial to our understanding of early Prāsaṅgika thought. In the portions of his text examined here, Jayānanda offers a pointed critique of both svatantra inferences and the broader Buddhist epistemological movement. In developing this critique, (...) he cites at length Candrakīrti’s Prasannapadā treatment of svatantra, and so comes to comment on the locus classicus for the Svātantrika-Prāsaṅgika distinction. For Jayānanda, svatantra inferences are emblematic of the Dignāga-Dharmakīrti epistemological tradition, which asserts an unwarranted validity to human cognition. As such, Nāgārjuna’s philosophy admits neither svatantra inference, nor pramāṇa (as “valid cognition”) more generally. Instead, Jayānanda argues for Nāgārjuna’s “authority” (pramāṇa) as our prime means for knowing reality. Jayānanda’s account of authority offers a helpful counterbalance to the current trend of portraying Prāsaṅgika Madhyamaka as a form of skepticism. (shrink)

This paper considers Roberto Unger's views on legal reasoning. His account is defended against two misplaced attacks. The first critique is by Emilios Christodoulidis. Using the language of systems theory, Christodoulidis contends that Unger's programme of democratic experimentalism cannot be achieved through law, as the constitutive structure of the legal system is immune to politics. Christodoulidis accuses Unger of attempting to reduce law to politics. It will be argued, however, that Unger does no such thing. The second attack holds that (...) Unger's criticisms of objectivism apply to his own democratic vision and that, as a result, he cannot promote this vision without self-contradiction. Again, it will be argued that this criticism rests on a misunderstanding of Unger's views. The paper concludes with a tentative objection to the substantive proposals of Unger's work, suggesting that they ought to be replaced by a pluralist account of value. (shrink)

In this article I offer an account and analysis of several patterns of valuation of the cardinal directions in medieval Scandinavian texts. While my topic is not altogether novel—ideas about space, along with those of time, have been matters of widespread and perennial concern to scholars of culture and religion, and those interested in the Norse context have proven no exception—I seek to go beyond previous examinations in several ways. First, many of the scholars who have focused on directionality in (...) Old Norse sources have been concerned with catalogu-ing and elucidating terminology for the cardinal points and for movement along and between them, with a particular emphasis on assessing the “correctness” of such terms' application in respect to ultimate or relative orientation. While I draw on the insights of such studies, my interests lie less in efforts to map or to describe movement in the real world known to medieval Scandinavians than in the values that they can be shown to have attached to the cardinal directions. My focus, therefore, is on imagined or moral as opposed to physical or topographical space. Of the studies that have taken a similar interest in Norse ideas about space, most have focused mainly or exclusively on the attempt, often from a structuralist perspective, to reconstruct from available sources pagan cosmography, to discover or assemble a systematic summa of the pre-Christian Norse mythical Weltbild. While pre-Christian ideas, or their traces, are also a focus of my article, I pay more than equal attention to conceptualizations and valuations of space held by Christian northerners. “Mythical,” then, is not a label that I reserve for heathen or patently fantastic materials but one under which I also subsume data from Christian and historiographical sources. (shrink)

This paper concerns the widely discussed exchange between Hubert Dreyfus and John McDowell that took place a few years back. The author first provides a brief sketch of how McDowell’s practice of philosophy for the last twenty or so years is best described as “quietist” in the spirit of the later Wittgenstein. Next, he shows that this exchange with Dreyfus is best understood as carried on largely in this spirit as well, even though McDowell somewhat inexplicably fails to acknowledge this (...) point in the course of the dispute. Finally and most importantly, the author shows how, somewhat ironically, the dispute takes a turn that suggests a remaining tension in McDowell’s own thought about the nature of philosophy. This tension comes out in his unwillingness to relinquish, or at least set aside temporarily, important parts of the traditional philosophical vocabulary that seem to be getting in the way in his dispute with Dreyfus. At the broadest level, the paper concerns difficulties with attempts to overcome the metaphysical tradition, and the role of the tradition’s vocabulary in such attempts, even in a discussion between two skilled philosophers who both have great sympathy for such a project. (shrink)

Organizational leaders are increasingly emphasizing a stakeholder perspective in order to address concerns about business ethics. This study examined the choices of 94 groups in the context of a business decision-making simulation to determine how specific actions and communications can facilitate the consideration of different stakeholder perspectives. In particular, we examined whether generally framing the business situation as one involving diverse stakeholders versus a primarily profit-driven operation (referred to as framing), and whether specific suggestions that participants consider the concerns of (...) stakeholders versus stockholders in maximizing the value of the firm (referred to as vision priming), would influence group choices and decision outcomes. We tested four experimental conditions against a control in a 2 × 2 experimental design to determine the effects that group choices had on decision outcomes when groups were exposed to stakeholder versus stockholder decision framing and stakeholder versus stockholder vision priming. The results revealed that the consistent conditions outperformed the control condition and that vision priming has a greater impact on decision outcomes than decision framing. (shrink)

The selection from Capreolus's work represented in this translation shows him defending Aquinas's conclusions on faith, hope, charity, the gifts of the Holy Spirit, and the virtues against such adversaries.