While the roots of the common law of restitution reach back hundreds of years, the idea that it constitutes a domain of private law was first clearly articulated in the American Law Institute’s Restatement of Restitution in 1932. The U.S. was at the forefront of development in the law of restitution but interest has declined. Recently John Langbein offered an explanation, first in terms of law and economics and then through legal realism. Realism, by Langbein’s estimation, has exacted “a terrible (...) toll” on doctrinal study in the postwar period. One of the principal aims of The Law and Ethics of Restitution, Hanoch Dagan writes, is to disprove this claim. Realism, properly understood, is supportive of doctrine and, he argues, in this context, provides a better account of the law than the prevailing view. This book is a challenging and important work not only in the law of restitution but also in legal theory. My main interest in this Critical Notice is to ask whether the kind of justification for liability in restitution Dagan offers is compelling. While part of what separates Dagan from Langbein is their understanding of legal realism, I take Dagan to be right on this point, and ask whether he’s made the case in favour of a realist account of restitution. I do that by considering two examples of the doctrinal analyses that form the bulk of the book: first by outlining a pair of issues on which Dagan takes a position by setting up the question he aims to ask, and then by considering his rejection of the view to which>The Law and Ethics of Restitutionoffers an alternative. (shrink)

i would hazard to guess that nearly everyone would agree that In situations of peril, it is permissible to use another’s property without her permission if that is the only way to save oneself from serious harm.1But that If one damages or consumes that property, one ought to compensate its owner.It turns out, however, that the conjunction of N1 and N2 is surprisingly difficult to justify. That is because if you accept N1, you are also likely to accept A property (...) owner would wrong an imperiled trespasser if the owner prevented her from using his property if that were the only way she could save herself from serious harm.N3 implies that the permission granted in N1 issues from a right. This generates a... (shrink)

It is a recurring idea in the history of political philosophy that concepts and doctrines of private law are illuminative of public law and political philosophy. Central among these are contract and the trust. In this paper, I consider the prospects of a third: estoppel. The public law context in which estoppel is most commonly invoked is criminal law, and there especially in the service of understanding the defenses of entrapment and what I call officially induced mistake of law. My (...) question is how well it serves this role – how well the structure of the self-disentitlement that provides the rationales for the defences of entrapment and OIML on the non-exculpatory approach to each is articulated on the model of state estoppel, as I call it. I will argue that it fares well, and so that estoppel merits inclusion on the list of concepts and doctrines of private law that are illuminative of public law and political philosophy. In conclusion I will ask what the moral-expressive content of its deployment in that context is, and argue that, while the doctrines of contract and trust work as means to articulate claims about the basis and limit of political authority, the claim that some cases of state self-disentitlement can be modelled on estoppel represents a commitment to some core principles of the rule of law. (shrink)

The idea that respect for persons comprises the core of morality has long been associated with Kant and the ethics of the Groundwork of the Metaphysics of Morals. In particular, the second formulation of the categorical imperative , the Formula of Humanity as an End-in-itself – ‘So act that you use humanity, whether in your own person or in the person of any other, always at the same time as an end, never merely as a means’ – is often glossed (...) as enjoining us to respect persons as such. On what I think may fairly be called the received view, the injunction to respect persons as such is thus, for Kant, co-extensive with morality itself. (shrink)

On November 27, 1905, the steamship Reynolds was moored to Vincents owner, the Lake Erie Transportation Company, was held liable for the cost of the damage. Defendant’s appeal against an order denying a new trial was dismissed by a two to one majority of the Supreme Court of Minnesota in an opinion that has since enjoyed considerable and consistent attention. 1.

This is a review of Marco Barducci's recent book Hugo Grotius and the Century of Revolution, 1613-1718.

The rule of law is widely perceived to be a public law doctrine, concerned with the way governmental authority conforms to dictates of law. This book explores the idea that the rule of law instead concerns the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law.

A few years ago, Peter Benson argued that unless claims in corrective justice are grounded on an independent, non‐distributive measure of entitlement, corrective justice collapses into distributive justice. More recently, Stephen Perry argued that the autonomy of corrective justice can be secured with something more modest, namely a free‐standing conception of harm. I argue, first, that Perry's account is closer to Benson's than we might at first think, and, second, that implicit in each is a view that we ought to (...) reject, namely that corrective justice can be autonomous only if there are rights or entitlements which the law does not confer but must, on pain of injustice, protect. In conclusion I defend the view that corrective justice takes as found the positive law's measure of those interests that merit protection in individuals' interactions with others, and explain what, on this account, is meant by holding that corrective justice is autonomous. (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

While the consequences of mathematically-based software, algorithms and strategies have become ever wider and better appreciated, ethical reflection on mathematics has remained primitive. We review the somewhat disconnected suggestions of commentators in recent decades with a view to piecing together a coherent approach to ethics in mathematics. Calls for a Hippocratic Oath for mathematicians are examined and it is concluded that while lessons can be learned from the medical profession, the relation of mathematicians to those affected by their work is (...) significantly different. There is something to be learned also from the codes of conduct of cognate but professionalised quantitative disciplines such as engineering and accountancy, as well as from legal principles bearing on professional work. We conclude with recommendations that professional societies in mathematics should sponsor an (international) code of ethics, institutional mission statements for mathematicians and syllabuses of ethics courses for incorporation into mathematics degrees. (shrink)

The theories of pre-quantum physics are standardly seen as representing physical systems and their properties. Quantum mechanics in its standard form is a more problematic case: here, interpretational problems have led to doubts about the tenability of realist views. Thus, QBists and Quantum Pragmatists maintain that quantum mechanics should not be thought of as representing physical systems, but rather as an agent-centered tool for updating beliefs about such systems. It is part and parcel of such views that different agents may (...) have different beliefs and may assign different quantum states. What results is a collection of agent-centered perspectives rather than a unique representation of the physical world. In this paper we argue that the problems identified by QBism and Quantum Pragmatism do not necessitate abandoning the ideal of representing the physical world. We can avail ourselves of the same puzzle-solving strategies as employed by QBists and pragmatists by adopting a perspectival quantum realism. According to this perspectivalism objects may possess different, but equally objective properties with respect to different physically defined perspectives. We discuss two options for such a perspectivalism, a local and a nonlocal one, and apply them to Wigner’s friend and EPR scenarios. Finally, we connect quantum perspectivalism to the recently proposed philosophical position of fragmentalism. (shrink)

The Aristotelian dictum that desire is the starting point of practical reasoning that ends in action can of course be denied. Its denial is a commonplace of moral theory in the tradition of Kant. But in this essay I am concerned with that issue only indirectly. I shall not contend that rational action always or necessarily does involve desire as its starting point; nor shall I deny it. My question concerns instead the possibility of its ever beginning in desire. For (...) there is a question whether it is even possible for reasoning to begin in desire, a question arising from the nature of desire and its objects, which to my knowledge has not been articulated. If we can see how desire can provide the arche of action, then we can consider later, and from that vantage point, whether it is necessary that it should do so. It will, I think, be possible eventually to argue that if practical reasoning has the character it must have, if it can begin in desire, then its starting point can be nothing but desire. (shrink)

'Holographic' relations between theories have become a main theme in quantum gravity research. These relations entail that a theory without gravity is equivalent to a gravitational theory with an extra spatial dimension. The idea of holography was first proposed in 1993 by Gerard 't Hooft on the basis of his studies of evaporating black holes. Soon afterwards the holographic 'AdS/CFT' duality was introduced, which since has been heavily studied in the string theory community and beyond. Recently, Erik Verlinde has proposed (...) that even Newton's law of gravitation can be related holographically to the thermodynamics of information on screens. We discuss inter-theoretical relations in these scenarios: what is the status of the holographic relation in them and in what sense is gravity, or spacetime, emergent? (shrink)

ABSTRACT:Practical wisdom has received scant attention in business ethics. Defined as a disposition toward cleverness in crafting morally excellent responses to, or in anticipation of, challenging particularities, practical wisdom has four psychological components: knowledge, emotion, thinking, and motivation. People's experience, reflection, and inspiration are theorized to determine their capacity for practical wisdom-related performance. Enhanced by their abilities to engage in moral imagination, systems thinking, and ethical reframing, this capacity is realized in the form of wisdom-related performance. This can be manifested (...) either in wise business decisions or through their performance as mentors, advice givers, or dispute handlers. (shrink)

This study investigates the market reaction to corporate press releases announcing donations to the relief effort following the December, 2004 tsunami in Southeast Asia. Based on a sample of 79 U.S. companies, results indicate a statistically significant positive 5-day cumulative abnormal return. While differences in the timing of the press releases do not appear to have influenced market reactions, the amount of the donations did. Overall, the results appear to support Godfrey’s (Academy of Management Review 30, 777–798; 2005) assertion that (...) philanthropic giving must be perceived as being a genuine manifestation of the firm’s underlying social responsiveness in order to increase firm value. (shrink)

Modal interpretations have the ambition to construe quantum mechanics as an objective, man-independent description of physical reality. Their second leading idea is probabilism: quantum mechanics does not completely fix physical reality but yields probabilities. In working out these ideas an important motif is to stay close to the standard formalism of quantum mechanics and to refrain from introducing new structure by hand. In this paper we explain how this programme can be made concrete. In particular, we show that the Born (...) probability rule, and sets of definite-valued observables to which the Born probabilities pertain, can be uniquely defined from the quantum state and Hilbert space structure. We discuss the status of probability in modal interpretations, and to this end we make a comparison with many-worlds alternatives. An overall point that we stress is that the modal ideas define a general framework and research programme rather than one definite and finished interpretation. (shrink)

When a person commits a testimonial injustice, the unjust thing they do consists in their reaction to an assertion (theorists diverge on the details; paradigmatically the relevant unjust thing consists in prejudicially refraining from believing the assertion). Whatever reactions to questions are analogous to these reactions to assertions, those things are "interrogative injustices". I explore some models of those things and apply them to some non-ideal cases. One of the models appeals to mental states like curiosity and wonder, telling us (...) that interrogative injustice occurs when hearers prejudicially refrain from adopting those mental states. Other models appeal to common conversational goals – these goals including the answering of questions. On these models, interrogative injustice occurs when a person asks a question, and another person prejudicially blocks the answering of that question from joining the common goals. Or, if they don’t block said answering, perhaps they believe that it should be thus blocked. Or perhaps they merely resist the question, not fully blocking its answering from joining the common goals but instead pushing back against it in some other way. Or perhaps they merely believe that they should resist the question. I endorse a pluralism on which each of these things can be an interrogative injustice. (shrink)

In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to the scientific (...) method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

This contributed volume is the result of a July 2010 workshop at the University of Wuppertal Interdisciplinary Centre for Science and Technology Studies which brought together world-wide experts from physics, philosophy and history, in order to address a set of questions first posed in the 1950s: How do we compare spacetime theories? How do we judge, objectively, which is the “best” theory? Is there even a unique answer to this question? -/- The goal of the workshop, and of this book, (...) is to contribute to the development of a meta-theory of spacetime theories. Such a meta-theory would reveal insights about specific spacetime theories by distilling their essential similarities and differences, deliver a framework for a class of theories that could be helpful as a blueprint to build other meta-theories, and provide a higher-level viewpoint for judging which theory most accurately describes nature. But rather than drawing a map in broad strokes, the focus is on particularly rich regions in the “space of spacetime theories.” -/- This work will be of interest to physicists, as well as philosophers and historians of science working with or interested in General Relativity and/or Space, Time and Gravitation more generally. (shrink)

Existing ethical guidelines that aim to guide the development of mental health apps tend to overemphasize the role of Western conceptual frameworks. While such frameworks have proved to be a useful first step in introducing ethics to a previously unregulated industry, the rapid global uptake of mental health apps requires thinking more deeply about the diverse populations these apps seek to serve. One way to do this is to introduce more intercultural ethical perspectives into app design and the guidelines that (...) aim to encourage best practices. In addition to this, existing ethical guidelines can also benefit from the ethical scholarship from the feminist and disability traditions, both of which highlight specific ethical considerations for vulnerable users. Rethinking the ethical responsibilities of mental health app designers through the prisms of feminism, disability studies, and intercultural philosophy leads us to a more global and inclusive set of ethical considerations in app design. This white paper explores what existing guidelines for the regulation of mental health apps are missing. It also explores how these guidelines could be improved for users who inhabit an increasingly diverse and globalized world. (shrink)

We in the accounting profession have long shown an interest in presenting an ethical image. But are accountants more ethical than others in the business world? In order to answer that question, a survey was mailed to 250 lower-level accounting professionals to determine their perceptions of the importance of nineteen head and heart trait items first identified by Maccoby. The results, based on 134 replies, indicate that accountants have a higher perception of the importance of the heart traits that have (...) been associated with ethical inclinations than both managers and business students surveyed previously. However, in that head trait items still dominate in terms of importance, if accountants are more ethical, it is not to an overwhelming degree. (shrink)

In order to account fully for morality, Dennis Krebs departs from traditional approaches to morality that suggest that children acquire morals through ...

Robert Alexy has built his original theory of law upon pervasive claims for “necessary” features of law. In this article, I show that Alexy's claims suffer from two difficulties. First, Alexy is never clear about what he means by “necessity.” Second, Alexy writes as if there have been no challenges to claims of conceptual necessity. There have been such challenges and Alexy needs to answer them if his project is to succeed.

_What is psychotherapy about?_ _What are the similarities and differences of its many forms?_ _What are the most recent developments in the field?_ _Introduction to Psychotherapy_ has been an essential reference book since its publication in 1979, and is regularly included in reading lists for trainee psychotherapists, psychiatrists and other professionals. It is often recommended to interested lay people and prospective patients. This third edition takes into account recent changes in psychotherapy theory, practice and research. The authors are all psychoanalysts. (...) The first edition arose from the experiences of Dennis Brown and Jonathan Pedder working and teaching together as Consultant Psychotherapists at St Mary's Hospital and Medical School, London. (shrink)

Summary A recurrent theme in the philosophical literature on the special theory of relativity is the question as to the reality of the Lorentz contraction. It is often suggested that there is a difference between the Lorentz-FitzGerald contraction in the pre-relativistic ether theory and the Lorentz contraction from special relativity in the sense that the former is a real contraction of matter conditioned by dynamical laws, whereas the latter should be compared with the apparent changes in the size of objects (...) when the perspective of the observer changes. It is here shown, however, that the same laws of nature which are operative in the Lorentz-FitzGerald contraction also condition the relativistic Lorentz contraction. The relevant distinction therefore is not between the reality of the two contractions. What is at issue is the difference in explanatory structure of the pre-relativistic theory on the one hand and the special theory of relativity on the other. In the course of the argument the question of the conventionality of simultaneity is also discussed. (shrink)

Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...) three issues that arise in these domains: rule-following, interpretation, and knowledge. We critique these explanations and in general challenge claims as to the efficacy of the neuroscientific accounts. (shrink)

In this paper, I reflect on the idea, hinted at by Kant in a footnote to §16 of the B- Deduction that is not often discussed (KrV B 134n.), that transcendental logic is the ground of logic as a whole. This has important repercussions for the way we should see the role of transcendental logic with respect to the question of truth as well as the nature and scope of transcendental logic in relation to cognition, and in relation to general (...) or formal logic as such. To illustrate one of the ways in which transcendental logic is fundamental to our way of thinking, I address an issue that is brought up by Kant’’s counterfactual claim at B 132 that if a representation is not accompanied by an ‘‘I’’ thought, it is ‘‘either impossible’’ or at least ‘‘nothing for me’’, suggesting to some recent commentators that by the former Kant means the impossibility of thinking contradictory thoughts. Unlike these commentators, I do not think Kant is saying here that we cannot think contradictory thoughts. To believe he is betrays a misunderstanding of the metaphysical nature of transcendental logic, or so I shall argue. It is because transcen- dental logic is a metaphysical logic that Kant can claim that transcendental logic grounds even the whole of logic, including the possibility of thinking contradictory thoughts. (shrink)

The aim of Ethics and Self-Cultivation is to establish and explore a new 'cultivation of the self' strand within contemporary moral philosophy. Although the revival of virtue ethics has helped reintroduce the eudaimonic tradition into mainstream philosophical debates, it has by and large been a revival of Aristotelian ethics combined with a modern preoccupation with standards for the moral rightness of actions. The essays comprising this volume offer a fresh approach to the eudaimonic tradition: instead of conditions for rightness of (...) actions, it focuses on conceptions of human life that are best for the one living it. The first section of essays looks at the Hellenistic schools and the way they influenced modern thinkers like Spinoza, Kant, Nietzsche, Hadot, and Foucault in their thinking about self-cultivation. The second section offers contemporary perspectives on ethical self-cultivation by drawing on work in moral psychology, epistemology of self-knowledge, philosophy of mind, and meta-ethics. (shrink)

What are the assumptions and tasks hidden in contemporary calls to "overcome" the metaphysical tradition? Reflecting upon the internal contradictions of the notions of "tradition" and "finiteness," Dennis J. Schmidt offers novel insights into how philosophy must relate to its traditions if it is to retain a vital sense of the plurality of "edges" that constitute its finiteness. He does this through a close examination of issues found in the work of Hegel and Heidegger, two philosophers who made the (...) ideas of both tradition and finiteness the center of their concern.Schmidt begins by asking how Heidegger can claim to have destroyed metaphysics despite Hegel's claim to have perfected its possibilities. Systematically following the development of Heidegger's critique of Hegel, Schmidt generates a dialogue between them. The topic of that dialogue is the nature of finiteness as it is articulated in time, nothing, the dialectical and hermeneutical circles, and in the notions of experience, work, technology, history, and preSocratic thought.Beginning with Heidegger's critique of Hegel in Being and Time, Schmidt's strategy is to disclose the complexities of philosophical discourse about the finite by drawing out the proximities between Hegel and Heidegger. The dialogue that results presents novel portraits of both philosophers. It also reveals that Heidegger's early, unacknowledged failure to separate himself from the Hegelian dialectic is the motive behind many of the turns and decisions of his later career.In concluding, Schmidt offers an interpretation of the wider significance of the results of that dialogue, and connects his study to other contemporary discussions of postmodernism. He expands upon the idea of the plurality of edges opened by finiteness, arguing that philosophy only understands its own past and future once it recognizes the meaning of its own finiteness.Dennis J. Schmidt is Associate Professor of Philosophy at the State University of New York at Binghamton. The Ubiquity of the Finite is included in the series Studies in Contemporary German Social Thought, edited by Thomas McCarthy. (shrink)

Transcranial magnetic stimulation (TMS) is a method capable of transiently modulating neural excitability. Depending on the stimulation parameters information processing in the brain can be either enhanced or disrupted. This way the contribution of different brain areas involved in mental processes can be studied, allowing a functional decomposition of cognitive behavior both in the temporal and spatial domain, hence providing a functional resolution of brain/mind processes. The aim of the present paper is to argue that TMS with its ability to (...) draw causal inferences on function and its neural representations is a valuable neurophysiological tool for investigating the causal basis of neuronal functions and can provide substantive insight into the modern interdisciplinary and (anti)reductionist neurophilosophical debates concerning the relationships between brain functions and mental abilities. Thus, TMS can serve as a heuristic method for resolving causal issues in an arena where only correlative tools have traditionally been available. (shrink)

The intersection of biology and religion has spawned exciting new areas of academic research that raise issues central to understanding our own humanity and the living world. In this comprehensive and accessible survey, Michael L. Peterson and Dennis R. Venema explain the engagement between biology and religion on issues related to origins, evolution, design, suffering and evil, progress and purpose, love, humanity, morality, ecology, and the nature of religion itself. Does life have a chemical origin - or must there (...) be a divine spark? How can religious claims about divine goodness be reconciled with widespread predation, suffering, and death in the animal kingdom? Peterson and Venema develop a philosophical discussion around such controversial questions. The book situates each topic in its historical, scientific, and theological context, making it the perfect introduction for upper-level undergraduates, graduate students, scholars, and the interested general reader. (shrink)

(1992). Cognitive Style, Gender, Attitude toward Computer‐assisted Learning and Academic Achievement. Educational Studies: Vol. 18, No. 2, pp. 151-160.