A theory of syllogistic reasoning is proposed, derived from the medieval doctrine of 'distribution of terms'. This doctrine may or may not furnish an adequate ground for the logic of the syllogism but does appear to illuminate the psychological processes involved. Syllogistic thinking is shown to have its origins in the approach and avoidance behaviour of pre-verbal organisms and, in verbal (human) organisms, to bridge the gap between the intuitive grasp shown by most of us of the validity of simple (...) logical arguments and the failure of intuition in more complex arguments that require resort to calculation. Some difficulties are considered affecting the use of syllogisms as experimental material. These include failure on the part of the investigator to take account of the fact that a syllogism is always part of a continuing argument in which the topic of the argument is known to all parties and the possibility that subjects may find ways of appearing to solve syllogisms without actually doing so. (shrink)

This second edition has been revised to provide additional coherence to the themes examined and introduces sections on topical issues, for example the chapter on Utilitarianism now includes a discussion on law and economics.

The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea. It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book (...) already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed. (shrink)

Revisiting the structure/agency debate, the article puts forward the broad position shared by Giddens’structuration theory and Bhaskar's transformational model. It defends Giddens’concept of structure as‘rules and resources’against charges of idealism, arguing that its strength is its focus on the interface of structure and agency. But both Giddens and Bhaskar emphasise social reproduction as an unintended consequence of social action. Taking issue with postmodern pessimism, the article goes on to consider the conditions of possibility, and requisite forms of knowledgeability, for deliberate (...) social transformation. (shrink)

The authors of this book engage in essay form in a lively debate over the fundamental characteristics of legal and moral rights. They examine whether rights fundamentally protect individuals' interests or whether they instead fundamentally enable individuals to make choices. In the course of this debate the authors address many questions through which they clarify, though not finally resolve, a number of controversial present-day political debates, including those over abortion, euthanasia, and animal rights.

Rachlin's view of self-control is rejected on the grounds that his arguments do not establish the possibility of abstract, external, stimulus patterns and that his experiments, although they show that pigeons and human beings do sometimes choose postponed rather than immediate gratification, do not challenge the commonly held view that internal factors are involved in the former choice.

In this article, it is argued that an appropriate starting point for an analysis of ethical issues in health care is the consideration of the role obligation of health care professionals. These obligations have customary, legal, and moral elements. By appreciating the different kinds of health care roles and their purposes, one can begin to understand some of the role conflicts which arise in the health care community. Moreover, one can see that some criticisms of health care professionals are mistaken. (...) Nonetheless, there are internal conflicts with the roles of persons engaged in health care and historically some role obligations have violated fundamental universal norms. Whereas the latter inadequacy of health care role obligations can be eliminated, the former will, to at least some extent, always be with us. In short, it may be argued that some of the so-called "moral dilemmas" in health care can be resolved by taking the perspective of role morality. As will be shown, this does not suggest that there are no limitations of role morality. CiteULike Connotea Del.icio.us What's this? (shrink)