This article is primarily a defense of the Paradigm Case Argument (PCA). It is secondarily a comment on a recent controversy over the validity of its use in philosophy. I argue that the controversy rests on a misinterpretation. By extending the analysis of the objections (and here I invoke Descartes' famous method of possible doubt) I show that the occurrence of a paradigm and the fact that a concept is normally used to describe that paradigm logically entails not that the (...) paradigm is instantiated, but only that it is correct to apply that concept to that paradigm. In this manner the ontological fallacy is avoided, and further, this enforces the important separation between saying something about the correct application of a concept and saying something about its meaning. (shrink)

This author (1) offers an analysis of the familiar type of excuse that Aristotle categorized as "acts owing to ignorance." (2) exhibits the conditions under which ignorance of fact either fails or succeeds in absolving an agent of responsibility, and (3) shows how these considerations can be used to illuminate the nature of the mental element in responsibility.

Laurence Houlgate's critique of Shuman's "The Right to be Unhealthy" appearing at page 81 of the same issue of the Wayne Law Review.

This is a review of Laurence Houlgate's "Family and State: the Philosophy of Family Law. It takes a look at the moral theory from which Houlgate begins and raises questions about is correctness and appropriateness, but it finds more to agree with with respect to his middle-level principles. It considers his definition of "family" in the context of contemporary political controversy over such definitions. It looks at his consequentialist justification for the family, agrees with it, and suggests (...) additional supplementary arguments, primarily from Brigitte and Peter Berger, to give additional support for Houlgate's argument. It looks at his justification for family law and agrees with his principle of optimum communal benefit. It seeks to place Houlgate's views within the context of contemporary political debate about being "pro-family" or "anti-family". It then goes on to look briefly at some of the specific issues of family law that Houlgate considers, taking time to raise a few questions about some of them, and concludes by dealing in a more extensive way with the question of what the extent and limits of state interference in the family should be, agreeing with Houlgate's basic position, but considering further its application to specific issues. (shrink)

This paper is an analysis of the concept "Mistake in Performance," a phrase first coined by Miss Elizabeth Anscombe in her monograph On Intention. The author shows that examples of a mistake in performance are nothing but cases of ordinary mistakes of judgment. The only difference between the two is that in cases of mistake in performance the agent acts on the basis of an erroneous judgment, that is, he fails to do what he intended to do.

A critique of Elizabeth Anscombe's distinction between mistake in performance and mistake of judgement, as it appears in her monograph Intention.

This book begins with an overview of the current legal status of children under U.S. federal and state law, It includes an analysis of relevant Supreme Court decisions and an extended critique of the philosophical arguments for treating children differently from adults under the law. Sections in the book include discussions of the need for a theory of juvenile rights, the moral arguments that prop up such theories, Professor Houlgate's proposal for a theory, and a final discussion of the (...) applications of his theory to the debates about status offenses, child neglect, and rehabilitation of juvenile offenders. (shrink)

The Minos is one of thirty-five dialogues that ancient editors and commentators regarded as one of the authentic works of Plato. Although it is now regarded as spurious, in both the classical and modern eras, the Minos was treated as a suitable problematic introduction to Plato's Laws. The co-authors (Houlgate and Hathaway) believe that it is still an excellent introduction to the Laws. It has philosophical significance whether or not it is authentic. It is the philosophical significance that is (...) discussed in this article. (shrink)

Criticism of H.L.A. Hart's account of how the movements of a person during the performance of an act that is done by mistake or owing to ignorance are not uncontrolled or involuntary. movements.

A critical discussion of the "recipe" theory of causation, as proposed by Douglas Gasking. The author also proposes his own theory of the ordinary meaning of statements of the form "A causes B.".

An examination of some of the ethical issues that arise in making policy decisions about divorce child-custody disputes. It is argued in this paper that what needs to be resolved is the dilemma that occurs when the legislator is faced with a choice between using a discretionary standard that promotes the best interests of the child or a non-discretionary standard that settles disputes by an arbitrary assignment of custody. The dilemma is resolved through a normative analysis of various types of (...) dispute-settling processes and a canvas of standard that allow for the automatic but non-arbitrary settling of disputes between contending parents. (shrink)

The purpose of the paper is to discover a rationale for the practice of attaching excuses to criminal responsibility. I do this by criticizing the theory of h l a hart that we adopt this practice largely because it gives persons more power to predict and determine their liability to punishment than would a system of "strict" liability. I extract from my criticisms of hart the alternative theory that we adopt the institution of excuses because it insures that persons do (...) not assume burdens beyond what it is necessary to assume for the benefits of the legal system to accrue to all. (shrink)

The author contends that none of the rationales for not allowing ignorance of the law as an excuse in criminal law cases is persuasive. The paper begins by analyzing the condition under which "reasonable" ignorance of the law ought to be allowed as an excuse. Second, the author indicates in greater detail the sense in which 'justice' requires that we recognize these conditions. Third, the author critically examines the arguments used by legal theorists for disregarding the claims of justice to (...) the individual defendant in cases where reasonable ignorance of law is alleged. Finally, the author wants to show that philosophy matters. A philosophical reading of ignorantia juris non excusat (ignorance of the law does not excuse) can expose conceptual errors that are not seen in legal readings. (shrink)

In an unpublished paper of 1693 John Locke weighed in on the ongoing debate in the English Parliament by declaring that there should be a “general naturalization” of all immigrants currently residing in England. His argument for this controversial policy was entirely economic and based on promoting England's interest in achieving greater wealth. He wrote nothing about the interests of the immigrants (most of whom were escaping religious persecution) nor did he appeal to the moral and political theory he had (...) so strongly proposed in Second Treatise of Government, published only a few years earlier in 1690. In this paper I look closely at the concepts of community and law in the state of nature and conclude that if Locke had employed the fundamental principles developed in Second Treatise he would have endorsed a far more radical policy that would have permitted the immigration and eventual naturalization of persons on humanitarian grounds. The application of these principles have important consequences for contemporary debates in the United States Congress and in other wealthy countries about the extent of the obligation to provide relief to foreigners who are escaping religious persecution, war, enslavement, hunger, and natural disaster. (shrink)

This paper is a critique of Norman Malcolm's claim that things that do not have the human form (e.g. trees, tables, computers) cannot' understand' or 'think' because they cannot point at, reach for, go to, look at, fetch or get something.

This book is a unique introduction to the philosophy of law that repairs an enormous gap in the philosophy of law -- a lack of philosophical attention to family law. (In fact, PhilPapers does not recognize the philosophy of family law as a category.) This book uses only cases drawn from family law to illustrate the traditional problems of legal philosophy. This is why I wrote this book as a textbook rather than as a monograph. My hope is that students (...) will learn more about the problems of legal philosophy by using cases with which they might be more familiar than from criminal law cases. Questions for thought and discussion follow each chapter. (shrink)

The aim of this book is to provide a better foundation for the legal rights of children than what now exists. The first part of the book describes the current legal status of children and critically discusses the traditional arguments for denying certain legal rights to children while granting them others. The second part describes and defends a general theory of children's rights, based on the principles of utility and egalitarian justice. The third part shows how the theory justifies significant (...) change in the current legal system. (shrink)

In its long history of rulings on the constitutional rights of children, the U.S. Supreme has struggled with a dilemma: either regard children as persons with fundamental rights that the state must respect, or regard them as human beings who are always in some form of custody. This paper describes and critically discusses three solutions to this dilemma. Only the third solution -- "the enjoyment or rights-in-trust theory" -- solves the problem.

I. Although there has been considerable recent dispute as to what Socrates meant by saying that Virtue is Knowledge, if the claim is, as it is sometimes taken to be, that knowledge of the essential nature of virtue is sufficient for virtuous behavior, then it is only necessary to point out what seem to be quite obvious counter in stances. The fact of moral weakness, coupled with what large numbers of scientists and lawyers and plain men now believe about the (...) capacity of human beings for self-control, demonstrates that a man can surely know the good and yet fail to do the virtuous thing. What, then, is left of the view that Virtue is Knowledge? (shrink)

The object of this article is to clarify the relationship between morality and family law in a variety of legal situations. This will give the reader a better grasp of the kind of case to be included in the traditionalist claim that the idea of legal intervention in the family is a coherent notion. Once this is sorted, we will be in a position to discuss and clarify the radical thesis that "the personal is political.".

Hegel's Philosophy of right concerns ideas on justice, moral responsibility, family life, economic activity and the political structure of the state. He shows how human freedom involves living with others in accordance with publicly recognized rights and laws.

The philosopher G.W.F. Hegel (1771-1831) is now recognized to be one of the most important modern thinkers. His influence is to be found in Marx's conception of historical dialectic, Kierkegaard's existentialism, Dewey's pragmatism and Gadamer's hermeneutics and Derrida's deconstruction. Until now, however, it has been difficult for the non-specialist to find a reasonably comprehensive introduction to this important, yet at times almost impenetrable philosopher. With this book Stephen Houlgate offers just such an introduction. His book is written in an (...) accessible style and covers a range of topics: the philosophy of history, logic and phenomenology, political philosophy, aesthetics and the philosophy of religion. In the course of the book the author relates Hegel's ideas to those of many other thinkers, including Luther, Descartes, Kant and Thomas Kuhn. (shrink)

Un petit nombre de femmes-auteurs du Moyen Age se sont montrées particulièrement intéressées par l'Histoire, notamment locale, et, dans l'aire germanique, trois d'entre elles se distinguent par l'originalité de leur apport en ce domaine : Hrotsvita de Gandersheim au Xe siècle, et Hildegarde de Bingen et Herrade de Hohenbourg au XIIe. Toutes trois religieuses, elles ont livré à la postérité le récit de la fondation de leur monastère, l'une par le biais de la poésie métrique, la seconde via l'hagiographie et (...) la dernière au moyen de l'image. (shrink)

This book offers a unique synthesis of past and current work on the structure, meaning, and use of negation and negative expressions, a topic that has engaged thinkers from Aristotle and the Buddha to Freud and Chomsky. Horn's masterful study melds a review of scholarship in philosophy, psychology, and linguistics with original research, providing a full picture of negation in natural language and thought; this new edition adds a comprehensive preface and bibliography, surveying research since the book's original publication.

In this incisive new book one of Britain's most eminent philosophers explores the often overlooked tension between voluntariness and involuntariness in human cognition. He seeks to counter the widespread tendency for analytic epistemology to be dominated by the concept of belief. Is scientific knowledge properly conceived as being embodied, at its best, in a passive feeling of belief or in an active policy of acceptance? Should a jury's verdict declare what its members involuntarily believe or what they voluntarily accept? And (...) should statements and assertions be presumed to express what their authors believe or what they accept? Does such a distinction between belief and acceptance help to resolve the paradoxes of self-deception and akrasia? Must people be taken to believe everything entailed by what they believe, or merely to accept everything entailed by what they accept? Through a systematic examination of these problems, the author sheds new light on issues of crucial importance in contemporary epistemology, philosophy of mind, and cognitive science. (shrink)

The book was planned and written as a single, sustained argument. But earlier versions of a few parts of it have appeared separately. The object of this book is both to establish the existence of the paradoxes, and also to describe a non-Pascalian concept of probability in terms of which one can analyse the structure of forensic proof without giving rise to such typical signs of theoretical misfit. Neither the complementational principle for negation nor the multiplicative principle for conjunction applies (...) to the central core of any forensic proof in the Anglo-American legal system. There are four parts included in this book. Accordingly, these parts have been written in such a way that they may be read in different orders by different kinds of reader. (shrink)

1 Knowledge and Justification This book is an investigation of one central problem which arises in the attempt to give a philosophical account of empirical ...

Johnathan Cohen's book provides a lucid and penetrating treatment of the fundamental issues of contemporary analytical philosophy. This field now spans a greater variety of topics and divergence of opinion than fifty years ago, and Cohen's book addresses the presuppositions implicit to it and the patterns of reasoning on which it relies.

A comprehensive defence of the rationalist view that insight independent of experience is a genuine basis for knowledge.

ONE Introduction The history of psychology in the twentieth century is a story of the divorce and remarriage of psychology and philosophy. ...

Two new philosophical problems surrounding the gradation of certainty began to emerge in the 17th century and are still very much alive today. One is concerned with the evaluation of inductive reasoning, whether in science, jurisprudence, or elsewhere; the other with the interpretation of the mathematical calculus of change. This book, aimed at non-specialists, investigates both problems and the extent to which they are connected. Cohen demonstrates the diversity of logical structures that are available for judgements of probability, and explores (...) the rationale for their appropriateness in different contexts of application. Thus his study deals with the complexity of the underlying philosophical issues without simply cataloging alternative conceptions or espousing a particular "favorite" theory. (shrink)

Stephen Houlgate is one of the leading Hegel scholars of the English-speaking world. In this interview he explains how he became a “Hegelian” while studying in Cambridge, and he offers a fundamental profile of his account of Hegel. The interview addresses the following questions: Why does Houlgate consider Hegel’s philosophy to be the “consummate critical philosophy”? What are the main barriers to a proper access to Hegel’s thought? Why is logic as dialectical logic still indispensable for philosophical thought? (...) And finally, what can both analytical and “continental” philosophers learn from Hegel? (shrink)