This volume provides a forum for some of the best new philosophical work on law, by both senior and junior scholars from around the world. The chapters range widely over issues in general jurisprudence (the nature of law, adjudication, and legal reasoning); the philosophical foundations of specific areas of law (from criminal law to evidence to international law); the history of legal philosophy; and related philosophical topics that illuminate the problems of legal theory.

We argue that Brandon and Carson's (1996) "The Indeterministic Character of Evolutionary Theory" fails to identify any indeterminism that would require evolutionary theory to be a statistical or probabilistic theory. Specifically, we argue that (1) their demonstration of a mechanism by which quantum indeterminism might "percolate up" to the biological level is irrelevant; (2) their argument that natural selection is indeterministic because it is inextricably connected with drift fails to join the issue with determinism; and (3) their view that experimental (...) methodology in botany assumes indeterminism is both false and incompatible with the commitment to discoverable causal mechanisms underlying biological processes. We remain convinced that the probabilism of the theory of evolution is epistemically, not ontologically, motivated. (shrink)

This book marks a total departure from previous studies of the Boxer War. It evaluates the way the war was perceived and portrayed at the time by the mass media. As such the book offers insights to a wider audience than that of sinologists or Chinese historians. The important distinction made by the author is between image makers and eyewitnesses. Whole categories of powerful image makers, both Chinese and foreign, never saw anything of the Boxer War but were responsible for (...) disseminating images of that war to millions of people in China and throughout the world. (shrink)

This is the penultimate draft of a paper originally presented at the Hart-Fuller at 50 conference, held at the NYU Law School in February 2008. A revised version will appear in the NYU Law Review. The paper seeks to clarify and assess HLA Hart's famous claim that legal positivism somehow involves a 'separation of law and morals.' The paper contends that Hart's 'separability thesis should not be confused with the 'social thesis,' with the 'sources thesis,' or with a methodological thesis (...) about jurisprudence. Hart's thesis denies the existence of necessary (conceptual) connections between law and morality. But that thesis is false: there are many necessary connections between law and morality, some of them conceptually significant. Among these is an important negative connection: law is of its nature morally fallible and morally risky. Lon Fuller emphasised the 'internal morality of law,' the 'morality that makes law possible'. Hart stressed that there is also an immorality that law makes possible. Law's nature is seen not only in its internal virtues, in legality, but also in its internal vices, in legalism. (shrink)

Lawyers and philosophers have long debated whether law should enforce social morality. This paper explores whether law should improve social morality. It explains how this might be possible, and what sort of obstacles, factual and moral, there are to doing so. It concludes with an example: our law should attempt to improve our social morality of sexual conduct.

Quantum mechanics and probability theory share one peculiarity. Both have well established mathematical formalisms, yet both are subject to controversy about the meaning and interpretation of their basic concepts. Since probability plays a fundamental role in QM, the conceptual problems of one theory can affect the other. We first classify the interpretations of probability into three major classes: inferential probability, ensemble probability, and propensity. Class is the basis of inductive logic; deals with the frequencies of events in repeatable experiments; describes (...) a form of causality that is weaker than determinism. An important, but neglected, paper by P. Humphreys demonstrated that propensity must differ mathematically, as well as conceptually, from probability, but he did not develop a theory of propensity. Such a theory is developed in this paper. Propensity theory shares many, but not all, of the axioms of probability theory. As a consequence, propensity supports the Law of Large Numbers from probability theory, but does not support Bayes theorem. Although there are particular problems within QM to which any of the classes of probability may be applied, it is argued that the intrinsic quantum probabilities are most naturally interpreted as quantum propensities. This does not alter the familiar statistical interpretation of QM. But the interpretation of quantum states as representing knowledge is untenable. Examples show that a density matrix fails to represent knowledge. (shrink)

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain (...) in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Background: International codes of ethics play an important role in guiding professional practice in developing countries. In the occupational health setting, codes developed by international agencies have substantial import on protecting working populations from harm. This is particularly so under globalisation which has transformed processes of production in fundamental ways across the globe. As part of the process of revising the Ethical Code of the International Commission on Occupational Health, an Africa Working Group addressed key challenges for the relevance and (...) cogency of an ethical code in occupational health for an African context through an iterative consultative process. Discussion: Firstly, even in the absence of strong legal systems of enforcement, and notwithstanding the value of legal institutionalisation of ethical codes, guidelines alone may offer advantageous routes to enhancing ethical practice in occupational health. Secondly, globalisation has particularly impacted on health and safety at workplaces in Africa, challenging occupational health professionals to be sensitive to, and actively redress imbalance of power. Thirdly, the different ways in which vulnerability is exemplified in the workplace in Africa often places the occupational health professional in invidious positions of Dual Loyalty. Fourth, the particular cultural emphasis in traditional African societies on collective responsibilities within the community impacts directly on how consent should be sought in occupational health practice, and how stigma should be dealt with, balancing individual autonomy with ideas of personhood that are more collective as in the African philosophy of ubuntu. To address stigma, practitioners need to be additionally sensitive to how power imbalances at the workplace intersect with traditional cultural norms related to solidarity. Lastly, particularly in the African context, the inseparability of workplace and community means that efforts to address workplace hazards demand that actions for occupational health extend beyond just the workplace. Summary: A stronger articulation of occupational health practice with advocacy for prevention should be an ethical norm. Ethical codes should ideally harmonize and balance individual and community needs so as to provide stronger moral authority guidelines. There is a need to consider an African Charter on Bioethics as complementary and strengthening of existing codes for the region. (shrink)

Contemporary legal philosophers have focussed their attention on two aspects of the general theory of authority: the issue of legitimacy and the issue of obligation . In John Finnis's work we have a powerful statement of the importance of a third issue: the problem of governance . This paper explores the nature of this duty, its foundations, and its relation to the other aspects of a theory of authority.

Social groups claim authority to impose restrictions on their members that the state cannot. Churches, ethnic groups, minority nations, universities, social clubs, and families all regulate belief and behavior in ways that would be obviously unjust in the context of a state and its citizens. All religions impose doctrinal requirements; many also enforce sexist practices and customs. Some universities impose stringent speech and conduct codes on their students and faculty. Parochial schools discriminate in their hiring practices. Those who complain about (...) such internal restrictions on the liberties of members might well be told to “love it or leave it.”. (shrink)

Music and the symptom -- The acoustic mirror as formative of auditory pleasure and fantasy : Chopin's Berceuse, Brahms's Romanze, and Saariaho's "Parfum de l'instant" -- Debussy and the three machines of the Proustian narrative -- Chopin dreams : the Mazurka in C♯ minor as sinthome -- Intermezzo : on agency -- Postmodern quotation, the signifying chain, and the erasure of history -- Lutoslawski, molar and molecular.

Francis Bacon, the English philosopher, statesman and jurist, is best known for developing the empiricist method which forms the basis of modern science. Bacon's writings concentrated on philosophy and judicial reform. His most significant work is the Instauratio Magna comprising two parts - The Advancement of Learning and the Novum Organum. The first part is noteworthy as the first major philosophical work published in English. James Spedding and his co-editors arranged this fourteen-volume edition, published in London between 1857 and 1874, (...) not in chronological order but by subject matter, so that different volumes would appeal to different audiences. The material is divided into three parts: philosophy and general literature; legal works; and letters, speeches and tracts relating to politics. Volume 11, published in 1868, contains Bacon's political writings and letters from 1608 to 1613, including his treatise on the Irish plantations presented to King James I. (shrink)

International codes of ethics play an important role in guiding professional practice in developing countries. In the occupational health setting, codes developing by international agencies have substantial import on protecting working populations from harm. This is particularly so under globalisation which has transformed processes of production in fundamental ways across the globe. As part of the process of revising the Ethical Code of the International Commission on Occupational Health, an African Working Group addressed key challenges for the relevance and cogency (...) of an ethical code in occupational health for an African context through an iterative consultative process. (shrink)

Historical background - The Lorentz transformation - Relativistic kinematics - Relativistic dynamics - Relativistic optics___.

This article defends legal instrumentalism, i.e. the thesis that law is distinguished among social institutions more by the means by which it serves its ends, than by the ends it serves. In Kelsen's terms, '[L]aw is a means, a specific social means, not an end.' The defence is indirect. First, it is argued that the instrumentalist thesis is an interpretation of a broader view about law that is common ground among theorists as different as Aquinas and Bentham. Second, the following (...) familiar fallacies that seem to stand in the way of accepting the thesis are refuted: (1) If law is an instrument, then law can have no non-instrumental value. (2) If law is an instrument, then law always has instrumental value. (3) For law to be an instrument, there must be generic end that law serves. (4) If law is an instrument, law must be a neutral instrument. These claims are all wrong. In passing, the instrumentalist thesis is distinguished from other, unrelated, views sometimes associated with instrumentalism, including Brian Tamanaha's diagnosis of the vices of American law, and the views of those who think that jurisprudence is an instrument in the service of social ends. (shrink)

This paper challenges the field to move beyond strategic philanthropy to a more encompassing concept of sustainable philanthropy. A brief history of philanthropic practices is presented, as well as a discussion of contemporary approaches to corporate philanthropy. The model of sustainable philanthropy developed here advocates integrating a triple bottom line approach with the strategic practice of corporate giving. It shifts the traditional model of powerful donor and a powerless recipient, to one where both donor and recipient must work harder to (...) identify a partner that shares their intrinsic values and objectives. The aim of sustainable philanthropy is to establish a working partnership with broadly shared goals and openly acknowledged benefits. (shrink)

Our world seems fine tuned in life-permitting ways. If the cosmos contains many universes, only the appropriately tuned ones can be seen by living beings. An alternative is that God acted as Fine Tuner. We might account for God in terms of an eternally powerful ethical requirement that God exists, rejecting J. L. Mackie's judgment that absolute ethical requirements are incredibly queer. Mackie viewed such requirements as logically possible, so if they were absent then this would seem a matter of (...) synthetic necessity. Again, if they existed then their creative effectiveness would, Mackie thought, be logically possible. Their actual ineffectiveness would thus involve a further synthetic necessity. Theists could maintain that the synthetic necessities were instead ones making ethical requirements real and creatively powerful. Yet why, then, would there exist anything but divine knowledge of everything worth knowing? A spinozistic answer is that such knowledge is all that exists. (shrink)

Why is it that toleration can be uncomfortable for the tolerated? And how should tolerators respond to that discomfort? This paper argues that properly directed toleration can be deficient in its scope, grounds or spirit. That explains some of the discomfort in being tolerated. Beyond this, the occasions for toleration - the existence of a power to prevent and of an adverse judgment - can also make toleration sting. The paper then explores and rejects two familiar suggestions about how one (...) should respond to this discomfort: with acceptance or recognition of the tolerated. It is proposed instead that toleration should be supplemented by understanding. The nature and importance of this attitude are assessed. (shrink)

This psychology textbook offers a comprehensive examination of the basic principles of behavior analysis and their application to issues of social significance. Behavioral scientists are interested in elucidating the fundamental principles that govern the behavior of human and non-human animals. Behavior Analysis is designed to meet the needs of senior undergraduate courses and postgraduate training in behavior analysis and its applications. The eleven comprehensive chapters: ·consider how fundamental principles of behavior can be used in an applied setting to identify behavior (...) to be changed, to select treatments which increase of decrease behavior, and to evaluate the effectiveness of interventions; and ·give examples from various disciplines, including dietetics, education, occupational therapy, and speech therapy, as well as clinical, social, health and community psychology. In addition to covering core material essential for courses in psychology, this volume will also provide a useful account of behavioural psychology and its applied uses for students and professionals from a wide range of fields. (shrink)

This paper seeks an urban poetics under the pressures of flux, polyglot babble and the rise of technoculture. In so doing it traces the intertwinements of aesthetics and politics as they manifest over the last 150 years. Charles Baudelaire’s poetry is characterised as a delirious response to the delirium of capitalist modernity, in which ‘words rise up’, as he puts it, but it is a also a barometer, which measures the degrees of entwinement of aesthetics and revolutionary politics in the (...) subsequent years, for one in Walter Benjamin’s interpretation in the 1930s and in the wild translations of the poet by Sean Bonney in 2008 in the collection ‘Baudelaire in English’. (shrink)

This chapter contains section titled: Review of the Position A Pantheism of Infinitely Many Divine Minds How Humans would Fit Into a Divine Mind Unity of Existence, Not Mere Causal Integration Existential Unities in Quantum Physics Quantum Computers Might Quantum Computing Occur Inside Brains? The “What‐it's‐like” of Having Complex Consciousness Qualia Summing Up.