Law as a leap of faith -- Legal positivism : 5 1/2 myths -- Some types of law -- Can there be a written constitution? -- How law claims, what law claims -- Nearly natural law -- The legality of law -- The supposed formality of the rule of law -- Hart on legality, justice, and morality -- The virtue of justice and the character of law -- Law in general.

In this paper, written for a volume on the work of Robert Alexy, I discuss the idea that law makes certain distinctive claims, an idea familiar from the work of both Alexy and Joseph Raz. I begin by refuting some criticisms by Ronald Dworkin of the very idea of law as a claim-maker. I then discuss whether, as Alexy and Raz agree, law's claim is a moral one. Having arrived at an affirmative verdict, I discuss the content of law's moral (...) claim. Is it, as Alexy says, a claim to moral correctness? Or is it, as Raz says, a claim to moral authority? (shrink)

"Examines the work of three nineteenth-century utilitarian feminist philosophers: Catharine Beecher, Frances Wright, and Anna Doyle Wheeler.

In a recent paper in the Yale Law Journal, Malcolm Thorburn argued that to enjoy a justificatory defence in the criminal law is to have a normative power that is exercised in the circumstances which give rise to the justification. He also argued that where such powers are conferred on private citizens, those citizens should be understood as acting as public officials pro tempore when they exercise them. In this extended reply, I resist both propositions and reply to some of (...) the criticisms that Thorburn makes of my own rival views. I also take the opportunity to explore, philosophically, some of the criminal law relating to consent, self-defence and arrest, and to discuss the connections between the debate over the nature of criminal-law justifications and the debate over the nature of law. (shrink)

This is my reply to five extended critical assessments of my book Law as a Leap of Faith, appearing together in a symposium issue of Law and Philosophy. The critics are Kevin Toh, Luís Duarte d’Almeida and James Edwards, Fábio Perin Shecaira, Cristina Redondo, and Matthew Smith. The topics include H.L.A. Hart’s philosophical legacy, the moral claims of law, the nature of legal reasoning, the doctrine of legal positivism, and the possibility of alienation from law.

In suppport of the idea that education should encourage open-mindedness, Hare and McLaughlin have argued that being open-minded about an issue, in a philosophically well-supported sense of ‘open-mindedness’, need not prevent one from holding a firm belief on that issue. In this paper I examine the lack of cohesion in this sense of ‘open-mindedness’, explain why I continue to be anxious about the tensions between open-mindedness and holding firm beliefs and present three further reasons for having reservations about Hare and (...) McLaughlin's proposals. (shrink)

Debate concerning virtual reality is often drawn in terms of sharply defined dichotomies--for example, between "real" (or "actual") and "virtual," "authentic" and "inauthentic," and "natural" and "artificial." In this paper we offer an alternative approach by suggesting a conception of a virtual world that highlights a continuity and commonality with our sense of everyday reality. We accomplish this in part by an examination of the English picturesque garden as if it were a virtual world partially constructed out of ideas and (...) objects collected during travels to foreign lands on the Grand Tour. Such foreign travel transformed not only the English person's sense of self, but also altered the English landscape. We conclude that in one sense the "real" England is also a "virtual" reality. (shrink)

Name der Zeitschrift: Deutsche Zeitschrift für Philosophie Jahrgang: 65 Heft: 2 Seiten: 211-238.

Michael Hand has recently challenged certain religious organisations that run Academies in the United Kingdom to devise and pursue their own faith-based curricula in their schools. In this short article I examine some of the problems Hand's challenge might encounter, including whether religious conceptions of worthwhile activities and of human flourishing can be as devoid of religious beliefs as Hand would seem to wish and whether his challenge can be met.

The term `code-switching' is used to describe the mixing of different language varieties which often results from language contact. This book is the first full-length study of code-switching in a European context.

[Sebastian Gardner] German idealism has been pictured as an unwarranted deviation from the central epistemological orientation of modern philosophy, and its close historical association with German romanticism is adduced in support of this verdict. This paper proposes an interpretation of German idealism which seeks to grant key importance to its connection with romanticism without thereby undermining its philosophical rationality. I suggest that the fundamental motivation of German idealism is axiological, and that its augment of Kant's idealism is intelligible in (...) terms of its combined aim of consolidating the transcendental turn and legitimating the kind of relation to value articulated in German romanticism. /// [Paul Franks] German idealists regard Spinozism as both the realism that outflanks Kant's idealism and the source of the conception of systematicity with which to fortify idealism. But they offer little argument for this view. To fill the gap, I reconstruct arguments that could underlie Jacobi's and Pistorius's tentative but influential suggestions that Kant is or should be a Spinozist. Kant is indeed a monist about phenomena, but, unlike Spinoza, a pluralist about noumena. Nevertheless, it is arguable that the Third Antinomy can be solved by a more thoroughgoing Spinozistic monism. The resulting Spinozism outflanks Kant by acknowledging Jacobi's charge that philosophy annihilates immediacy and individuality, whereas Kant's commitment to things in themselves can seem a half-hearted attempt to avoid the charge. However, the German idealist contention is that only a synthesis of such a Spinozism with Kantian idealism can retrieve immediacy and individuality, thus overcoming nihilism. (shrink)

This is the text of The Lindley Lecture for 1964, given by Roderick M. Chisholm (1916-1999), an American philosopher.

A survey of Howard Gardner's contributions to our understanding of learning, and how to create environments that support growth in all learners across the lifespan.

Sebastian Gardner; III*—Other Minds and Embodiment, Proceedings of the Aristotelian Society, Volume 94, Issue 1, 1 June 1994, Pages 35–52, https://doi.org/10.10.

The first full-scale history of cognitive science, this work addresses a central issue: What is the nature of knowledge?

There is a moment when every child leaves color-blindness behind & enters the world of race consciousness. At that moment, there are two roads parents, educators, & therapists can take: they can follow the status quo, internalizing racial expectations, & become-consciously or unconciously-part of the problem. Or, they can question stereotypes, &, actively work against racism to become part of the solution. This book provides the tools we all need to become part of the solution. Beginning with racial segregation in (...) an integrated school situation, this book explores race relations & the development of racial identity from many different viewpoints. (shrink)

Franz Brentano developed an original theory of intrinsic value which he attempted to base on his philosophical psychology. Roderick Chisholm presents here a critical exposition of this theory and its place in Brentano's general philosophical system. He gives a detailed account of Brentano's ontology, showing how Brentano tried to secure objectivity for ethics not through a theory of practical reason, but through his theory of the intentional objects of emotions and desires. Professor Chisholm goes on to develop certain suggestions (...) about intrinsic value made by Brentano and his students, and discusses their relevance to theodicy and the problem of evil. Brentano, as the teacher of Husserl, Meinong, Twardowski, and others, stands at the origin of the phenomenological tradition and of the Polish school of philosophy that developed after World War I. He has also had considerable influence on Anglo-American philosophy. This book will interest those concerned with the origins of phenomenological value theory and more generally with the connections between ethics and philosophical psychology. (shrink)

Professor Roderick John Flower, Biochemical Pharmacology, William Harvey Research Institute, St Barts and the London School of Medicine Queen Mary University of London Charterhouse Square, London EC1M 6BQ, UK; [email protected] O'Neill, a molecular biologist in Frank Herbert's 1982 novel ‘The White Plague’,1 seeks retributive justice for the death of his wife in a terrorist bomb blast by infecting those he holds responsible with an engineered pathogen that kills only women. The eponymous plague soon spreads uncontrollably with predictable catastrophic global (...) consequences.When the definitive history of armed conflict is written, the chapter on biological weapons will make for a long and disagreeable read. Now, happily, disavowed by most nations under the 1972 Biological Weapons Convention, the presumption is that any future deployment would be at the hands of rogue states, criminal gangs or perhaps terrorist organisations, to whom they could appeal because of their apparent ease of preparation and dissemination coupled with their sinister reputation and potential for causing mass casualties.But Herbert's villain is different. He is a trained scientist possessing expert skills and with access to pathogens, reagents and cutting-edge technology. Such a person might appear outwardly to be part of the conventional academic establishment except that their motives impel them to act covertly outside the accepted ethical and legal boundaries of their profession. Such ‘outsiders’ evade detection because they act alone and can, through their privileged position, anticipate and thwart regulation or investigation. But is this frightening scenario more than just a plot for apocalyptic novels? Is it a credible threat?In reality, such occurrences seem to be rare. In a comprehensive analysis of 180 incidents involving the use of biological agents during the last century, for instance, Carus2 noted that none of the confirmed bioterrorist attacks by non-state actors …. (shrink)

We began with three propositions: that people have a right not to be treated as mere means to the ends of others, that a woman who voluntarily becomes pregnant nevertheless has the right to an abortion, and that a woman who voluntarily gives birth does not have a right to abandon her child until she finds a substitute caretaker. These propositions initially seemed inconsistent, for the prohibition on treating others as mere means appeared to rule out the possibility of positive (...) rights, thus making it impossible to countenance the right to abort or the right not to be abandoned . But we have seen that the prohibition on treating people as mere means to the ends of others is best understood as ruling out basic positive rights while permitting derivative ones. Since a willing mother is responsible for bringing her child into the world in the first place, she cannot abandon it without violating its negative right not to be killed, and so such a child has a derivative positive right not to be abandoned. A pregnant woman, on the other hand, has a negative right not to have her body invaded, and from this negative right derives a positive right to abort her fetus, so long as doing so is not disproportionate to the seriousness of the threat . Therefore, far from being in conflict, propositions , , and have been shown to be in harmony with one another, the latter two being plausibly grounded in the first. Insofar as we have reason to accept , then, we have reason to accept and . Moreover, we have seen that a proper understanding of allows us to embed and in a larger moral perspective in which the limits of compulsory altruism are firmly drawn: enforceable rights to the use or assistance of others may be allowed into the moral domain only if they are “sponsored” by some negative right. Every putative positive right must find such a sponsor, or perish. (shrink)

Responsibility is often thought of as primarily a legal concept. Even when it is moral responsibility that is at issue, it is assumed that it is above all in moralities based on law-centered patterns and models that responsibility takes center stage, so that responsibility is a legal concept at its core, and is applicable to the realm of private morality only by extension and analogy.

Roderick Chisholm has been for many years one of the most important and influential philosophers contributing to metaphysics, philosophy of mind, and epistemology. This book can be viewed as a summation of his views on an enormous range of topics in metaphysics and epistemology. Yet it is written in the terse, lucid, unpretentious style that has become a hallmark of Chisholm's work. The book is an original treatise designed to defend an original, non-Aristotelian theory of categories. Chisholm argues that (...) there are necessary things and contingent things; necessary things being things that are not capable of coming into being or passing away. He defends the argument from design, and thus includes the category of necessary substance (God). Further contentions of the essay are that attributes are also necessary beings, but not necessary substances, and that human beings are contingent substances but may not be material substances. (shrink)

First published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.

In a reconstruction of the theories of Freud and Klein, Sebastian Gardner asks: what causes irrationality, what must the mind be like for it to be irrational, to what extent does irrationality involve self-awareness, and what is the point of irrationality? Arguing that psychoanalytic theory provides the most penetrating answers to these questions, he rejects the widespread view of the unconscious as a 'second mind', in favour of a view of it as a source of inherently irrational desires seeking (...) expression through wish-fulfilment and phantasy. He meets scepticism about psychoanalytic explanation by exhibiting its continuity with everyday psychology. (shrink)