Inter‐personal morals should be understood and described in the language of duties, not rights. Rights are self‐centred, duties other‐centred. Whereas duties are primarily a moral construct, rights are primarily a legal construct. There is an important distinction between the language appropriate for inter‐personal morals, and the language appropriate for the morals of the State. The first principle of the morals of the State is that the State holds its power as trustee for the people; otherwise we would face arbitrary and (...) capricious rule. In this setting it is natural and proper to speak of rights—the rights of the citizen beneficiaries against their trustee, the State. However, inter‐personal morals and the morality of the State are inter‐dependent. Without a duty‐based personal morality, the laws which the State makes will tend more and more to be oppressive and contemptuous. And the laws of the State must themselves leave room for personal moral commitment, freely entered into, to flourish. (shrink)

In this article I intend to show that the inference problem, one of the main objections raised against the anti-Humean theory of natural laws defended by Dretske, Tooley and Armstrong (?DTA theory? for short), can be successfully answered. First, I argue that a proper solution should meet two essential requirements that the proposals made by the DTA theorists do not satisfy. Then I state a solution to the inference problem that assumes a local immanentistic view of universals, a (...) partial definition of the nomic necessitation relation as a relation of existential dependence, and a principle constraining multiple occupancy. I also argue that my solution meets the two requirements. Finally, I deal with non-standard laws such as exclusion laws, causal laws and laws involving spatiotemporal parameters. (shrink)

It is shown that the paradoxes of confirmation are closely linked to the paradoxes of material implication and that they can be avoided by formulating natural laws in terms of a genuine if-Connective rather than the material conditional. However, Natural laws so expressed are not confirmed by simple conjunctions. The question then is whether the common assumption that simple conjunctions do confirm universal generalizations is correct. The answer given is that it is not. In particular, A (...) confirming proposition of the form 'this is a black raven' is not equivalent to 'this is a raven and this is black'. (shrink)

In this article I intend to show that the inference problem, one of the main objections raised against the anti-Humean theory of natural laws defended by Dretske, Tooley and Armstrong (“DTA theory” for short), can be successfully answered. First, I argue that a proper solution should meet two essential requirements that the proposals made by the DTA theorists do not satisfy. Then I state a solution to the inference problem that assumes a local immanentistic view of universals, a (...) partial definition of the nomic necessitation relation as a relation of existential dependence, and a principle constraining multiple occupancy. I also argue that my solution meets the two requirements. Finally, I deal with non-standard laws such as exclusion laws, causal laws and laws involving spatiotemporal parameters. (shrink)

This article argues that actual entities come first; the statistical laws of nature are their effects, not their causes. Statistical laws are mentally abstracted from their habits and are only formal, not efficient, causes. They do not make anything happen or prevent anything from happening. They evolve or change as the habits of novel creatures evolve or change. They do not control or inform us about what any individual entity is doing, only about what masses of individuals on (...) average are doing. Thus, there is no way that traditional divine miracles could “violate” them. God has sufficient efficient-causal power to create our world ex nihilo, as in the Big Bang, and to prevent evils, which God does not do from love, justice, and moral goodness. Seven elements of a viable theodicy are outlined, the most important of which is divine justice. It would be unjust for God to prevent harms in some cases but not in all. In a universe in which God prevents all evils and thus directly controls everything, no creatures would take any responsibility for what they do. A loving and just God voluntarily and consistently limits the exercise of divine power so we can be free, responsible, and creative. (shrink)

In this article I intend to show that the inference problem, one of the main objections raised against the anti-Humean theory of natural laws defended by Dretske, Tooley and Armstrong ("DTA theory" for short), can be successfully answered. First, I argue that a proper solution should meet two essential requirements that the proposals made by the DTA theorists do not satisfy. Then I state a solution to the inference problem that assumes a local immanentistic view of universals, a (...) partial definition of the nomic necessitation relation as a relation of existential dependence, and a principle constraining multiple occupancy. I also argue that my solution meets the two requirements. Finally, I deal with non-standard laws such as exclusion laws, causal laws and laws involving spatiotemporal parameters. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, (...) Edgar Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

A clearer case of a horrible event in nature, a natural evil, has never been presented to me. It seemed to me self evident that the natural law that animals must savagely kill and devour each other in order to survive was an evil natural law and that the obtaining of this law was sufficient evidence that God did not exist. If I held a certain epistemological theory about "basic beliefs", I might conclude from this experience that (...) my intuition that there is no God co existing with th is horror was a "basic belief" and thus that I am epistemically entitled to be an atheist without needing to justify this intuition, But I do not hold such an epistemological theory and believe that intuitive atheological beliefs, such as the one I experienced (and the corresponding intuitive theological beliefs, such as that God is providentially watching over this gruesome event) require justification if they are to be epistemically warranted. The following sections of this article present a justification for the atheological intuition I experienced that dark night. My justification will consist mostly in providing reasons to believe premise (3) in the following probabilistic argument.. (shrink)

Natural Law Today gives a strong voice to classical natural law theory as the best answers to the fundamental questions of ethics and as the best framework for political and social life. It explains various aspects of that theory and defends it against common misperceptions and criticisms.

The emphasis on models hasn’t completely eliminated laws from scientific discourse and philosophical discussion. Instead, I want to argue that much of physics lies beyond the strict domain of laws. I shall argue that in important cases the physics, or physical understanding, does not lie either in laws or in their properties, such as universality, consistency and symmetry. I shall argue that the domain of application commonly attributed to laws is too narrow. That is, laws (...) can still play an important, though peculiar, role outside their strict domain of validity. I shall argue also that, by way of a trade-off, while the actual domain of application of laws should be seen as much broader. At the same time, what I call ‘anomic’ representational elements reveal themselves as central to the descriptive and explanatory power of theories and model: boundary conditions, state descriptions, structures, constraints, limits and mechanisms. I conclude with a brief consideration of how my discussion has consequences for discussion of understanding, unification, approximation and dispositional properties. I focus on examples from physics, macroscopic and microscopic, phenomenological and fundametal: shock waves, propagation of cracks, symmetry breaking, and others. This law-eccentric kind of knowledge is central to both modeling the world and intervening in it. (shrink)

An important task for metaphysicians and philosophers of science is to account for laws of nature – in particular, how they distinguish themselves from ‘mere’ regularities, and the modal force they are endowed with, ‘natural necessity’. Dispositional essentialism about laws is roughly the view that laws distinguish themselves by being grounded in the essences of natural entities. This paper does not primarily concern how essentialism compares to its main rivals – Humeanism and Armstrongeanism. Rather, it (...) distinguishes and comparatively assesses various brands of essentialism – which mainly differ as to where exactly they take laws to find their essentialist sources, and what they take to be the targets of laws, namely what they apply to. Yet, this internal comparison is not unrelated to the more general debate about laws: the main criteria with which I compare these essentialist views concern how they can deal with some of the main objections faced by essentialism in general, and how they can keep what is arguably the main intuitive advantage of essentialism over its rivals. Thus, the paper also concerns the relative position of essentialism in the larger debate about laws – ultimately bringing support to it. (shrink)

Modern moral and political philosophy is in debt with natural law theory, both in its ancient and mediaeval elaborations. While the very notion of a natural law has proved highly controversial among 20th Century scholars, the last decades have witnessed a renewed interest in it. Indeed, the threats and challenges as result of multiculturalism, plural societies and global changes have generated a renewed attention to natural law theory. Clearly, it offers solid basis as possible framework to a (...) better understanding of human goods without contradictions and partial bias. The purpose of the present volume is to provide an overview of the history of this concept (Cicero, St. Paul, Aquinas, Melanchthon, Montaigne, Descartes, Leibniz, Hume, Burke, Kant, MacIntyre, etc.) as well as a deep understanding of ongoing research, both in Europe and in America. Furthermore, the specificity of these studies will be of particular value to philosophers, law-philosophers, historians, anthropologists, sociologists and theologians, and those concerned on such issues as the relation between law and moral norm, law and practical reason, and the presence of the idea of natural law in several prominent thinkers. It includes a selected bibliography on natural law. The book also provides an excellent introduction to several of the major topics in natural law theory making it useful both as a reference text and as a sourcebook for academics alike. Natural law is a rich, complex, and highly disputed term. Since its first appearances in the history of Western civilization, it has been used both to point to God as the source of the moral order and to assert that there is an objective order of justice in nature that men and their laws ought to respect. In modern times, natural law theory gave birth to what we usually call "human rights." Unlike the meaning of the term, the importance of an ongoing debate on natural law and on the theories related to it is undisputable. This is why I welcome today this new collection of essays edited by Alejandro Nèstor Garcìa Martìnez, Mario Å ilar and Josè M. Torralba. Natural Law: Historical, Systematic and Juridical Approaches includes a wide variety of studies, covering key authors and issues in natural law theory. Younger students will appreciate the clarity of the chapters, and more trained readers the detailed and accurate bibliographical references that each of them offers. The editors's choice to go from a historical approach to contemporary theories, and then to theoretical and more practical issues is also commendable. Students in philosophy and in legal theory will greatly benefit from this book. Fulvio Di Blasi, author of God and the Natural Law: A Rereading of Thomas Aquinas. (shrink)

The goal of this paper is to sketch an empiricist metaphysics of laws of nature. The key idea is that there are regularities without regularity-enforcers. Differently put, there are natural laws without law-makers _of a distinct metaphysical kind_. This sketch will rely on the concept of a natural pattern and more significantly on the existence of a network of natural patterns in nature. The relation between a regularity and a pattern will be analysed in terms (...) of mereology. Here is the road map. In section 2, I will briefly discuss the relation between empiricism and metaphysics, aiming to show that an empiricist metaphysics is possible. In section 3, I will offer arguments against stronger metaphysical views of laws. Then, in section 4 I will motivate nomic objectivism. In section 5, I will address the question ‘what is a regularity?’ and will develop a novel answer to it, based on the notion of a natural pattern. In section 6, I will raise the question: ‘what is a law of nature?’, the answer to which will be: a law of nature is a regularity that is characterised by the unity of a _natural_ pattern. (shrink)

Essential for the concept of the law of nature is not only spatio-temporal universality, but also functionality in the sense of the dependency on physical conditions of natural entities. In the following it is explained in detail that just the neglect of this functional property is to be understood as the real reason for the occurrence of the Goodman paradox – with the consequence, that the behavior of things seems to be completely at the mercy of change of unique (...) unrepeatable temporal points. It is exactly this (mis-)understanding that also generated the induction problem. From the intrinsic connection between universality and functionality, however, – that is my claim – the ontological consequence of a nature results, for which lawfulness is coupled to essentially functionally defined time sequences, thereby implying a potentiality dimension of nature, too. (shrink)

In an effort to account for our a priori knowledge of synthetic necessary truths, Kant proposes to extend the successful method used in mathematics and the natural sciences to metaphysics. In this paper, a uniform account of that method is proposed and the particular contribution of the ‘Copernican hypothesis’ to our knowledge of necessary truths is explained. It is argued that, though the necessity of the truths is in a way owing to the object's relation to our cognition, the (...) truths we come to know are fully objective, expressing necessary relations between properties. Kant's distinction between ‘phenomena’ and ‘noumena’ is shown to serve to properly restrict the scope of the necessity claims so that they do express necessary connections between properties. (shrink)

Natural law theory has been undergoing a revival, especially in political philosophy and jurisprudence. Yet, most fundamentally, natural law theory is not a political theory, but a moral theory, or more accurately a theory of practical rationality. According to the natural law account of practical rationality, the basic reasons for actions are basic goods that are grounded in the nature of human beings. Practical rationality aims to identify and characterize reasons for action and to explain how choice (...) between actions worth performing can be appropriately governed by rational standards. These standards are justified by reference to features of the human goods that are the fundamental reasons for action. This book is a defence of a contemporary natural law theory of practical rationality, demonstrating its inherent plausibility and engaging systematically with rival egoist, consequentialist, Kantian and virtue accounts. (shrink)

Now available Open Access! See the Bloomsburycollections URL below. -/- Correct bibliographical information is as follows: Gottfried Achenwall, _Natural Law: A Translation of the Textbook for Kant's Lectures on Legal and Political Philosophy_, edited by Pauline Kleingeld, translated by Corinna Vermeulen, with an Introduction by Paul Guyer. London: Bloomsbury, 2020. -/- As the first translation into any modern language of Achenwall’s Ius naturae, from the 1763 edition used by Immanuel Kant, this is an essential work for anyone interested in Kant, (...) the natural law tradition or the history of legal and political theory. For over twenty years, Kant used this book as the basis for his lectures on natural law. It influenced his legal and political philosophy as well as his ethics, and it is indispensable for understanding Kant’s Feyerabend Lectures on Natural Law and his Metaphysics of Morals. -/- Articulating his theory of natural law with clear definitions and precise distinctions, Achenwall offers a lucid account that includes instructive comparisons with the work of Grotius, Hobbes, Pufendorf, Wolff and others. The volume also contains an Introduction by the eminent Kant scholar Paul Guyer, comparing Achenwall’s theory to the legal and political philosophy of Kant’s Doctrine of Right, and a concordance correlating Achenwall’s Natural Law to Kant’s Feyerabend Lectures on Natural Law. (shrink)

The standard view of philosophers is that the existence of particular events within our universe is capable of being explained in terms of initial conditions and natural laws, but that the existence of our universe itself is a 'brute given' that is incapable of naturalistic explanation. A supernatural explanation of the existence of our universe may be alleged to be possible ('God created our universe so that humans may exist and the existence of humans is an intrinsic good'), (...) but an explanation that appeals only to factors, situations or regularities in nature is deemed to be in principle impossible. It is also a standard view of philosophers that the less fundamental natural laws of our universe are capable of being explained in terms of more fundamental laws of our universe, but that the most basic natural laws of our universe are incapable of being explained naturalistically. Perhaps they can be explained supernaturally, by asserting that God ordained them so that humans may eventually evolve, but no other explanation is supposed possible. (shrink)

This work contains, perhaps, a larger amount of vigorous orthodoxy than can elsewhere be found in so small a compass. It is a plea for a laissez-faire policy, and is full of wisdom of a kind that is needed, in view of the drift of opinions toward “stateism.” Its effect on public policy will be like that of an anchor planted on a shoal on one side of a channel in order to warp a vessel off from an opposite shoal. (...) Yet in one way it brings economics and politics into close connection; it discusses government as an economic function, a process of creating and selling the product security. Though opposing governmental interference in industry, it emphasizes the action of economic law upon government. (shrink)

Objectivization forces the requirement of a high likelihood that an informant will be right if she is to be classified as a good one, but this does not, argues Craig, equal 1, for that figure has little basis in practical life. Nevertheless, the example of a lottery, and, in particular, the claim that one will not win, brings closer to our real experience the idea that one may not always be advised to act on information that has a chance of (...) less than 1 of being true. A similar push towards this stringent idea is sometimes exerted by the wish to draw inferences from multiple premises and to be able to rely on the result. However, though real situations can require a very high likelihood, they do not force us to set it at 1; that final push comes from reflection lying outside the framework of everyday practice. (shrink)

In this book, Buckle provides a historical perspective on the political philosophies of Locke and Hume, arguing that there are continuities in the development of seventeenth and eighteenth-century political theory which have often gone unrecognized. He begins with a detailed exposition of Grotius's and Pufendorf's modern natural law theory, focussing on their accounts of the nature of natural law, human sociability, the development of forms of property, and the question of slavery. He then shows that Locke's political theory (...) takes up and develops these basic themes of natural law. The author argues further that, rather than being a departure from this tradition, the moral sense theory of Hutcheson and Hume represents a not entirely successful attempt to underpin the natural law theory with an adequate moral psychology. (shrink)

This major contribution to the history of philosophy provides the most comprehensive guide to modern natural law theory available, sets out the full background to liberal ideas of rights and contractarianism, and offers an extensive study of the Scottish Enlightenment. The time span covered is considerable: from the natural law theories of Grotius and Suarez in the early seventeenth century to the American Revolution and the beginnings of utilitarianism. After a detailed survey of modern natural law theory, (...) the book focuses on the Scottish Enlightenment and its European and American connections. Knud Haakonssen explains the relationship between natural law and civic humanist republicanism, and he shows the relevance of these ideas for the understanding of David Hume and Adam Smith. The result is a completely revised background to modern ideas of liberalism and communitarianism. (shrink)

Contemporary social theory and natural law : Jurgen Habermas -- A natural-law critique of modern social theory : Karl Lowith, Leo Strauss and Eric Voegelin -- Natural law and the question of universalism -- Modern natural law I : Hobbes and Rousseau on the state of nature and social life -- Modern natural law II : Kant and Hegel on proceduralism and ethical life -- Classical social theory I : Marx, Tonnies and Durkheim on alienation, (...) community and society -- Classical social theory II : Simmel and Weber on the universality of sociability and reasonableness -- Social theory as the natural law of 'artificial' social relations. (shrink)

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

The principle of the "uniformity of nature" states that reality is subject to natural laws. In this paper I argue that a weak version of the principle of the uniformity of nature is a necessary truth. According to this weakened principle, every reality for which the question of its subjection to natural laws can arise is subject to natural laws. I argue that this question arises only for a subject who knows of the existence (...) of objective reality, qua objective (that is, reality which is independent of any knowledge of it). I show that a necessary condition for knowledge of objective reality, qua objective, is that the subject can acquire knowledge of past and future events, which he does not perceive directly through his senses, and that only natural (contingent) regularities enable the subject to do so. Hence, I conclude that every reality for which the question of its subjection to natural laws can arise is subject to natural laws. (shrink)

Este texto procura apontar na ontologia das leis naturais de George Berkeley elementos teóricos afeitos à Semiótica e ao Pragmatismo clássico de Charles S. Peirce, tendo por base a possível identidade de propósitos entre os idealismos subjetivo berkeleyano e o de teor objetivo peirciano, ambos comungando a refutação de um dualismo mente-matéria de extração cartesiana. Por outro lado, reflete-se, também, sobre o papel da experiência nestes autores, em que a percepção em Berkeley, fundamental para sua epistemologia encontraria sua condição homóloga (...) em Peirce, a saber, a necessária cognoscibilidade de todo objeto fenomênico. (shrink)