This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory - a variant of systems theory - views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in (...) society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law. (shrink)

After a brief analysis of the nature of occasional causation, distinguishing it from both efficient causation and the doctrine of occasionalism, it is argued that this model of causation informs Descartes' account of the generation of sensory ideas in the mind. It is further argued that, consequently, Descartes is not an occasionalist on this matter.

This new book proposes a way out of the crisis by letting go of the idea that psychology needs ‘new’ foundations or a new identity, whether biological, discursive, or cognitive. The psychological is not narrowly confined to any one aspect of human experience; it is quite literally ‘everywhere’. Drawing on a range of influential thinkers including Michel Serres, Michel Foucault, AN Whitehead, and Gilles Deleuze, the book proposes a strong process-oriented approach to the psychological, which studies ‘events’ or ‘occasions.’.

The French philosopher and theologian Nicolas Malebranche was one of the most important thinkers of the early modern period. A bold and unorthodox thinker, he tried to synthesize the new philosophy of Descartes with religious Platonism. This is the first collection of essays to address Malebranche's thought comprehensively and systematically. There are chapters devoted to Malebranche's metaphysics, his doctrine of the soul, his epistemology, the celebrated debate with Arnauld, his philosophical method, his occasionalism and theory of causality, his philosophical theology, (...) his account of freedom, his moral philosophy, and his intellectual legacy. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 655-673, June 2022. The standard account of the relation between democracy and the rule of law focuses on law’s liberty-enhancing role in constraining official action. This is a faint echo of the complex, constitutive relation between the two. The Greeks used one word – isonomia – to describe both. If democracy is the system in which people have an equal say in determining the rules that govern social life, then the rule (...) of law is simultaneously before, after, concurrent and synonymous with democracy: It contributes to the formation of citizens with the capacity for self-governance, serves as the instrument through which democratic decisions are implemented, functions as one of the central social practices that constitute citizens as equals and addresses the question of how to ensure that government by the people operates for the people. The rule of law has many independently valuable qualities, including impartiality and predictability. But, to valorise the rule of law for its own sake is to fetishize authority. The fundamental values of the rule of law are as the instrument of democratic self-governance and the expression of the equal dignity of all persons. Democracy thus entails the rule of law, but both implicate the yet more comprehensive ideal of equality. Core rule-of-law values require political norms and conditions of equality, generality and comprehensiveness. In a modern, differentiated society, however, the constitutive relation between democracy and the rule of law is fractured and law becomes the agent of authority. Courts in the modern constitutional state have contributed to the decline of rule-of-law values, supporting role specialization through judge-made immunity doctrines that protect officials at all levels. The crisis of police violence against minorities is a symptom of this breakdown. Greater accountability can ameliorate the problem. But an effective solution requires the fair and equal distribution of political power. (shrink)

As a consequence of recent changes, health research policies in the United States mandate the inclusion of women and members of racial and ethnic minority groups as experimental subjects in biomedical research. This article analyzes debates that underlie these policies and that concern the medical management of bodies, groups, identities and differences. Much of the uncertainty surrounding these new policies reflects the fact that researchers, physicians, policy makers and health advocates have adopted competing, and often murky, understandings of the nature (...) of sex, gender, racial and ethnic differences, and of the relation of the biological to the social in the manifestation of bodily illness. (shrink)

In early essays and in more recent work, Fred Dretske argues against the closure of perception, perceptual knowledge, and knowledge itself. In this essay I review his case and suggest that, in a useful sense, perception is closed, and that, while perceptual knowledge is not closed under entailment, perceptually based knowledge is closed, and so is knowledge itself. On my approach, which emphasizes the safe indication account of knowledge, we can both perceive, and know, that sceptical scenarios (such as being (...) a brain in a vat) do not hold. (shrink)

Charles S. Peirce’s second trichotomy, which introduces the concepts of iconicity, indexicality, and symbolicity, is probably the only piece of his semiotic that is familiar to visual artists and designers. Although the concepts have found their way into the academy, their utility in the field has been reduced for a couple of reasons. First, as with all of Peirce’s philosophy, his second trichotomy is a concept that is subtle, fluid, and difficult to fully grasp in a sound bite. Second, there (...) has simply been no bridge concept that would form a working connection between that philosophy in its logical guise and the studio practice in the visual arts. The purpose of this article is to remedy that situation by investigating the subtle ways the second trichotomy functions within the visual sphere, and to then suggest a model that can serve to bridge the divide between pure theory and practice. The article makes four main points: first, using examples from visual identity and the graphic arts, it demonstrates how the modes of icon, index, and symbol tend to be blended; second, examples from fine art are used to illustrate how the concept of abstraction, as used in the art world, can only be partially accounted for within the second trichotomy, but can be modeled by supplying a syntactical supplement; third, it expands on and elaborates a previously sketched model, the visual gamut, which makes it possible to classify visual entities according to their position within a map of semantic and syntactic space; finally, it concludes by suggesting ways this enhanced version of the visual gamut model might be used in the analysis of, or creation of, art and design, presenting suggestions for further study. (shrink)

What can the art of living after Foucault contribute to ethics in relation to the mediation of human existence by technology? To develop the relation between technical mediation and ethics, firstly the theme of technical mediation is elaborated in line with Foucault’s notion of ethical problematization. Every view of what technology does to us at the same time expresses an ethical concern about technology. The contemporary conception of technical mediation tends towards the acknowledgement of ongoing hybridization, not ultimately good or (...) bad but ambivalent, which means for us the challenge of taking care of ourselves as hybrid beings. Secondly, the work of Foucault provides elements for imagining this care for our hybrid selves, notably his notions of freedom as a practice and of the care of the self. A conclusions about technical mediation and ethics is that whereas the approaches of the delegation of morality to technology by Latour and mediated morality by Verbeek see technical mediation of behavior and moral outlook as an answer in ethics, this should rather be considered the problem that ethics is about. (shrink)

I offer a defense of ana-logical accounts of scientific models by meeting certain logical objections to the legitimacy of analogical reasoning. I examine an argument by Joseph Agassi that purports to show that all putative cases of analogical inference succumb to the following dilemma: either (1) the reasoning remains hopelessly vague and thus establishes no conclusion, or (2) can be analyzed into a logically preferable non-analogical form. In rebuttal, I offer a class of scientific models for which (a) there is (...) no satisfactory non-analogical analysis, and (b) we can gain sufficient clarity for the legitimacy of the inference to be assessed. This result constitutes an existence proof for a class of analogical models that escape Agassi’s dilemma. (shrink)

Criminal law is a system for societal ordering, as much as it is for protection against interpersonal harm and wrongs. Whilst such laws can engage rights to privacy and freedoms of expression and movement, international human rights rarely feature in criminal theory. Using Duff’s public wrongs theory, a normative argument is made for recognition of international human rights within the national civil order, as well as through a proposed supra-national human rights polity. This is tested through identification of human rights (...) criminalization principles from public ordering cases in the European Court of Human Rights. International human rights offers a formal route to recognition of liberal principles, as well as adding possible new boundary conditions within criminal theory. (shrink)

Abstract. The Western conception of the individual as a rational, self-directing agent is a mythology that organizes and distorts religion, science, economics, and politics. It produces an abstracted and atomized form of engagement that is fatal to collective self-governance. And it turns democracy into the enemy of equality. Considering the meaning of democracy and autonomy from a perspective that takes the subject as truly social would refocus our attention on the constitutive contexts and practices necessary for the production of citizens (...) who are capable of meaningful self-governance. Under modern conditions, it is in the development of sexual autonomy that we learn how to take initiative with respect to our well-being and do so in concert with others. Where the view of rational agency as the defining characteristic of humanity yields a deracinated view of autonomy, a more realistic, humanistic view that we are, necessarily, social beings yields a view of freedom and self-governance as social phenomena that require empathy, negotiation, compromise, cooperation, and mutual recognition and respect. (shrink)

We report the results of a study that examines the association between gender and individuals’ intentions to report fraudulent financial reporting using non-anonymous and anonymous reporting channels. In our experimental study, we examine whether reporting intentions in response to discovering a fraudulent financial reporting act are associated with the participants’ gender, the perpetrator’s gender, and/or the interaction between the participants’ and perpetrator’s gender. We find that female participants’ reporting intentions for an anonymous channel are higher than for male participants; the (...) fraud perpetrator’s gender and the interaction with participants’ gender were not significantly associated with anonymous channel reporting intentions. Neither of the two factors nor the interaction between the two factors was associated with reporting intentions to a non- anonymous reporting channel. Results from an additional analysis indicate that male and female participants differ in the extent to which they judge the reduction in personal costs of an anonymous reporting channel compared to a non-anonymous reporting channel and that the reduction in personal costs mediates the relationship between participant gender and anonymous reporting intentions. (shrink)

People living at the start of the third millennium enjoy a world that would have been inconceivable to our ancestors living in the 100 millennia that our species has existed. Ignorance and myth have given way to an extraordinarily detailed understanding of life, matter and the universe. Slavery, despotism, blood feuds and patriarchy have vanished from vast expanses of the planet, driven out by unprecedented concepts of universal human rights and the rule of law. Technology has shrunk the globe and (...) stretched our lives and our minds. (shrink)

In a recent issue of Faith and Philosophy, Timothy Pawl and Kevin Timpe seek to respond to the so-called “Problem of Heavenly Freedom,” the problem ofexplaining how the redeemed in heaven can be free yet incapable of sinning. In the course of offering their solution, they argue that compatibilism is inadequateas a solution because it (1) undermines the free will defense against the logical problem of evil, and (2) exacerbates the problem of evil by making God the “author of sin.” (...) In this paper, I respond to these charges and argue that compatibilism can offer a satisfactory explanation for the sinlessness of the redeemed in heaven. I also raise some problems for Pawl’s and Timpe’s incompatibilist solution. (shrink)

This paper introduces phenomenology as a distinctive form of transcendental philosophy by exploring a problem that arises with the phenomenological concept of “constitution,” namely, the “paradox of human subjectivity” – the idea that under the transcendental reduction the human subject is both a entity in the world and the ground of all such constitution. Focusing on the question of what conditions must obtain for something to be the bearer of normatively structured intentional content, the paper argues that the appearance of (...) paradox here rests upon a certain naturalistic assumption – namely, that the aspect of subjectivity responsible for transcendental constitution is consciousness conceived as the kind of phenomenal experience we share with other animals. In a final section I try to suggest how transcendentalism and a certain naturalism might nevertheless be reconciled on phenomenological grounds. (shrink)

In the context of contemporary interest in the use of Buddhist meditation practices in modern psychology, psychiatry and psychotherapy, this article offers a preliminary survey of a subject hitherto almost completely unstudied: madness in Premodern P?li texts. Using story-literature as well as doctrinal and jurisprudential texts, the article aims to collect together material on three ways in which the ideas and behaviours of madness are used: the literal-pathological, in comparisons, and in the metaphorical-evaluative sense where it is alleged that everyone (...) who is not enlightened is ‘mad’. It is centered around an eightfold classification of madness given in the commentary to a J?taka story, the Birth Story about Dar?mukha. (shrink)

The subject of this book is epistemology. Epistemology is the theory of knowledge, the study of the nature, sources, and limitations of knowledge and justification. In studying the nature of knowledge and justification, theorists typically try to delineate the conditions that must be met for a given person to know, or justifiably believe, that a given proposition is true. That is, they offer analyses of knowledge and justification. In this introduction, we will briefly describe the task of analysis, and review (...) some of the ways people have understood epistemic concepts. We will also outline some of the difficulties theorists have confronted while working out what may be known. (shrink)

The purpose of this article is to explore some of the non-obvious characteristics of the social science research-social policy (SSRSP) paradigm. We examine some of the underlying assumptions of the readily accepted claim that social science research can lead to the creation of rational social policy. We begin by using the framework of meta-analysis as one of the most powerful means of informing policy by way of empirical research findings. This approach is critiqued and found wanting in several ways. Several (...) conceptual and definitional issues connected to the term “policy” are explored as well. A central argument is that even the best social science research is no guarantee of enlightened policymaking because the very (inductive) basis of empirical research militates against the possibility of going from research findings to policy. This claim is explored within the context of a central paradox. This paradox is explored in some depth. Finally, within the SSRSP claim, we analyze related issues such as the possibility of utilizing Mixed Methods and the politics of policymaking. We conclude that the SSRSP framework is, at best, a subjective one which ironically is needed, but one which is constrained by the very methods that is uses to formulate policy. (shrink)

One can discern passages in the writings of the Scholastic doctor Thomas Aquinas and the contemporary French phenomenologist Michel Henry which can be interpreted as putting forth very similar ways for grasping the existence of God. These “ways to God” can be fruitfully compared from the point of view of their philosophical starting points as well as of their consequences for theological epistemology. The purpose of the present essay is to pursue this comparative work and to see what philosophical-theological fruit (...) it can yield. (shrink)

Provides the first comprehensive interpretation of Kierkegaard's view of Christian revelation and demonstrates the central importance of that concept for understanding the development of his religious philosophy.

Bell’s theorem is purported to demonstrate the impossibility of a local “hidden variable” theory underpinning quantum mechanics. It relies on the well-known assumption of ‘locality’, and also on a little-examined assumption called ‘statistical independence’ (SI). Violations of this assumption have variously been thought to suggest “backward causation”, a “conspiracy” on the part of nature, or the denial of “free will”. It will be shown here that these are spurious worries, and that denial of SI simply implies nonlocal correlation between spacelike (...) degrees of freedom. Lorentz-invariant theories in which SI does not hold are easily constructed: two are exhibited here. It is conjectured, on this basis, that quantum-mechanical phenomena may be modeled by a local theory after all. (shrink)