Celebrating the remarkable career of jurist Harold J. Berman, the essays in this volume demonstrate that Berman's contributions to Russian studies, international trade law, legal history, philosophy of law, and law and religion have firmly established him as part of the tradition of our greatest American jurists.

Without doctors being able to explain medical decisions to patients, I argue their use of black box AIs would erode the effective and respectful care they provide patients. In addition, I argue that physicians should use AI black boxes only for patients in dire straits, or when physicians use AI as a “co-pilot” (analogous to a spellchecker) but can independently confirm its accuracy. I respond to A.J. London’s objection that physicians already prescribe some drugs without knowing why they work.

Debates over the proper theory of, or approach to, constitutional interpretation rage through many Western constitutional democracies. Although the number of distinct theories, if finely individuated, might match the number of theorists who have entered the fray, it has become customary to group the competing accounts into two broad camps, commonly labeled ‘originalism’ and ‘non‐originalism’. This article presents an overview of non‐originalist approaches to constitutional interpretation. However, because non‐originalism is defined as the negation of originalism – that is, diverse theories (...) are grouped together as ‘non‐originalist,’ not so much by what they commonly affirm, as by what they commonly deny – the project naturally focuses as well on originalist theories of interpretation. After specifying what originalism maintains, and what objections it encounters, the essay sketches some of the more prominent non‐originalist approaches to constitutional interpretation and identifies some of the criticisms they face and worries they provoke. Preliminarily, it explains why ‘theories of constitutional interpretation’ constitute only a subset of ‘theories of judicial review.’. (shrink)

Hoop residuation algebras are the {, 1}-subreducts of hoops; they include Hilbert algebras and the {, 1}-reducts of MV-algebras (also known as Wajsberg algebras). The paper investigates the structure and cardinality of finitely generated free algebras in varieties of k-potent hoop residuation algebras. The assumption of k-potency guarantees local finiteness of the varieties considered. It is shown that the free algebra on n generators in any of these varieties can be represented as a union of n subalgebras, each of which (...) is a copy of the {, 1}-reduct of the same finite MV-algebra, i.e., of the same finite product of linearly ordered (simple) algebras. The cardinality of the product can be determined in principle, and an inclusion-exclusion type argument yields the cardinality of the free algebra. The methods are illustrated by applying them to various cases, both known (varieties generated by a finite linearly ordered Hilbert algebra) and new (residuation reducts of MV-algebras and of hoops). (shrink)

Recent scholarship in science, technology, and society has emphasized the neoliberal character of science today. This article draws on the history of US science and technology policy to argue against thinking of recent changes in science as fundamentally neoliberal, and for thinking of them instead as reflecting a process of “economization.” The policies that changed the organization of science in the United States included some that intervened in markets and others that expanded their reach, and were promoted by some groups (...) who were skeptical of free markets and others who embraced them. In both cases, however, new policies reflected growing political concern with “the economy” and related abstractions and a new understanding of S&T as inputs into a larger economic system that government could manipulate through policy. Understanding trends in US S&T policy as resulting from economization, not just neoliberalism, has implications for thinking about the present and likely future of science and S&T policy. (shrink)

In this acclaimed exploration of the search for "authentic" individual identity, Marshall Berman explores the historical experiences and needs out of which this new radicalism arose. Focussing on eighteenth-century Paris, a time and place in which a distinctively modern form of society was just coming into its own, Berman shows how the ideal of authenticity—of a self that could organize the individual's energy and direct it toward his own happiness—articulated eighteenth-century man's deepest responses to this brave new world, (...) and his most ardent hope for a new life in it. Exploring in particular the ideas of Montesquieu and Rousseau, Berman shows how the ideal of authenticity was radically opposed to the bourgeois, capitalistic idea of "self-interest.". (shrink)

Focusing on the rise of the mechanistic idea that we can know the natural world only by distancing ourselves from it, Berman shows how science acquired its ...

While it is generally assumed that large corporations today give rhetorical support for basic human rights in public relations documents, skepticism continues toarise about the behavior of these firms. Do company actions support their rhetoric? This paper provides the initial analysis of our study of both rhetoric and practice regarding human rights in a small sample of large U.S. firms. At this point in the analysis, UNGC membership does not appear to have much influence on corporate rhetoric, but may be (...) partially correlated with several measures of corporate performance on human rights issues. (shrink)

What is the best way to respond to monuments in our communities if they represent people who stood for harmful ideas and/or societal structures? I start with the assumption that it would be best for everyone if all of the harmful monuments were removed from our public squares. The more interesting question is: Why would it be best? I will examine critically two different explanations as to why it would be best: one, Plato's, which rests on the harmful non-intellectual influences (...) of images and the other, Socrates’, which rests on the harmful intellectual influences of those images. In the end, I shall argue that Socrates got it right and Plato wrong due to the former's ability to explain human behaviour and the latter's surprising lack of that same ability, despite how widely it is believed. If the argument is correct, it will have deep and widespread implications for how we educate our children and ourselves about every important aspect of the human condition. (shrink)

Citing a lifelong engagement with Marxism, critic and writer Marshall Berman reveals the movement's positive points and suggests a new beginning for Marxism may be on the horizon with its recent 150th anniversary attention.

Aristotelian theory, as found in Michael Thompson and Philippa Foot, claims that to be good is to be good as a member of that kind. However, I contend that something can satisfy kind-relative standards but nonetheless be bad—I propose a hypothetical Ebola-like microbe that meets its kind-standards of being destructive for its own sake, but it would plausibly be bad for doing so. I anticipate an Aristotelian objection that evaluations should only be made from "within" the lifeform conception rather than (...) from without. (shrink)

Andrew Simester’s new book, Fundamentals of Criminal Law: Responsibility, Culpability, and Wrongdoing, is a masterful analysis of the doctrines of the general part of the criminal law and the multiple, overlapping functions that those doctrines serve. Along the way, Simester makes explicit what criminal law theorists routinely presuppose—that the ordinary words “blameworthiness” and “culpability” pick out the same moral concept. This essay argues that this assumed equivalence is mistaken: two concepts are in play, not one. Roughly, to be blameworthy is (...) to be justly liable to blaming practices in virtue of being at fault, and to be culpable is to act in a fashion that manifests or issues from insufficient concern for morally weighty interests. Culpability is not identical to blameworthiness, but rather a ground of blameworthiness: to be culpable is one way to be at fault, thus one way to be blameworthy. More importantly, culpability is not the exclusive ground of blameworthiness; an agent can be at fault, hence blameworthy, without being culpable. This essay defends these conceptual claims and draws forth some implications for two theses that Simester advances: that it is morally permissible to punish persons for criminal negligence and that it is unjust to punish persons who don’t deserve it. (shrink)

What all contemporary so-called aristotelian realists have in common has been identified by David Armstrong as the principle of instantiation. This principle has been put forward in different versions, but all of them have the following simple consequence in common: uninstantiated universals do not exist. Such entities are for the lotus-eating Platonist to countenance, but not for any sort of moderate realist. I shall argue that this principle, in any guise, is not the best way to differentiate aristotelianism from Platonism. (...) In its place, I shall suggest that the best way to differentiate the two versions of realism from each other is by means of a far more powerful idea: naturalism. And the surprising conclusion given this means of differentiation will be that contrary to the usual proclamations, Platonism will be the more naturalistic theory, whereas aristotelianism will come to be seen for what it really is, namely, non-naturalistic. (shrink)

Philosophy is one of the most intimidating and difficult of disciplines, as any of its students can attest. This book is an important entry in a distinctive new series from Routledge: The Great Philosophers . Breaking down obstacles to understanding the ideas of history's greatest thinkers, these brief, accessible, and affordable volumes offer essential introductions to the great philosophers of the Western tradition from Plato to Wittgenstein. In just 64 pages, each author, a specialist on his subject, places the philosopher (...) and his ideas into historical perspective. Each volume explains, in simple terms, the basic concepts, enriching the narrative through the effective use of biographical detail. And instead of attempting to explain the philosopher's entire intellectual history, which can be daunting, this series takes one central theme in each philosopher's work, using it to unfold the philosopher's thoughts. (shrink)

The totalizing and absolutizing tendencies of metaphysics can undermine our essential ethical relationality. Is there a metaphysics that is robust enough and conducive to preserving this intuition? In answer, this paper will draw upon Martin Buber and Justus Buchler. Buber’s seminal work, I and Thou, explores the nature of the ethical encounter. Buchler’s Metaphysics of Natural Complexes develops a general ontology, which can be described as an ordinal metaphysics. Encounters are thoroughly relational for Buber. Buchler’s metaphysics is also thoroughly relational. (...) A phenomenological approach to relationality establishes the medium for this dialogue and provides a common ground for these texts. Not only is there a way to account for Buber’s encounter, but there is also an inherent moral understanding in Buchler’s metaphysics that preserves and is conducive to ethical relationality. Buchler’s metaphysics avoids the totalizing and absolutizing tendencies derided by Buber, while simultaneously promotes a version of the encounter. (shrink)

The Essential Berkeley and Neo-Berkeley is an introduction to the life and work of one of the most significant thinkers in the history of philosophy and a penetrating philosophical assessment of his lasting legacy. David Berman goes beyond providing an introduction and gives us a broader and deeper appreciation of Berkeley as a philosopher. He argues for Berkeley's work as a philosophical system with coherence and important key themes hitherto unexplored and provides an analysis of why he thinks Berkeley's (...) work has had such lasting significance. With a particular focus on Berkeley's dualist thinking and theories of 'mental types', Berman provides the reader with a key to unlocking the significance of this work. This introductory text will provide an insight into Berkeley's full body of work, the distinctiveness of his thinking and how deeply relevant this key thinker is to contemporary philosophy. (shrink)

This review essay of Victor Tadros’s new book, “The Ends of Harm: The Moral Foundations of Criminal Law,” responds to Tadros’s energetic and sophisticated attacks on retributivist justifications for criminal punishment. I argue, in a nutshell, that those attacks fail. In defending retributivism, however, I also sketch original views on two questions that retributivism must address but that many or most retributivists have skated past. First, what do wrongdoers deserve – to suffer? to be punished? something else? Second, what does (...) it mean for them to deserve it? That is, what is the normative force or significance of valid desert claims, either with respect to retributivist desert in particular or with respect to all forms of desert? Because the answers that this essay offers are preliminary, the essay also serves as a partial blueprint for further work by criminal law theorists with retributivist sympathies. (shrink)

Plato’s demiurge makes a series of questionable decisions in creating the world. Most notoriously, he endeavors to replicate, to the extent possible, some of the features that his model possesses just insofar as it is a Form. This has provoked the colorful complaint that the demiurge is as raving mad as a general contractor who constructs a house of vellum to better realize the architect’s vellum plans (Keyt 1971). The present paper considers the sanity of the demiurge’s reasoning in light (...) of Timaeus 32c5-33b1, where he invokes considerations of wholeness, completeness, uniqueness, and eternality in deciding to build the body of the world from all of each of the simple bodies. Since the passage makes no appeal to the demiurge’s intelligible model, one can mine it for indications of the value that the demiurge takes those features to have independent of mimetic goals. I argue that, for Plato, those features are intrinsically good-making and, thus, that it is not only appropriate for them to characterize Forms qua Forms but also that it is appropriate for the demiurge to aim at replicating them, to the extent possible, in his creation. In particular, I argue that the demiurge’s success in instilling a circumscribed version of each feature in his creation helps to qualify it as a genuine being despite the fact that it comes to be. (shrink)