Author Jeremy Waldron has thoroughly revised thirteen of his most recent essays in order to offer a comprehensive critique of the idea of the judicial review of legislation. He argues that a belief in rights is not the same as a commitment to a Bill of Rights. This book presents legislation by a representative assembly as a form of law making which is especially apt for a society whose members disagree with one another about fundamental issues of principle.

Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)

Political theorist Jeremy Waldron makes a bracing case against identifying rule of law with predictability. Seeing the rule of law as just one value to which democracies aspire, he embraces thoughtfulness rather than rote rule-following, flexibility even at the cost of vagueness, and emphasizing procedure and argument over predictable outcomes.

Shearmur draws on his years as Popper's assistant, on unpublished material in the Hoover archive, and on wider themes within Popper's philosophy to offer striking critical re-interpretations of his ethical and social theory. This title available in eBook format. Click here for more information . Visit our eBookstore at: www.ebookstore.tandf.co.uk.

Popper was also a critic of the idea that it was possible – or necessary – to give a positive response to the problem of induction. He was also a critic of many probabilistic theories of induction. He suggested that instead of seeking for a positive way of resolving the problem of induction – or, more generally, of trying to justify our claims that our ideas were true – we should, instead be concerned to make our claims open to criticism. (...) All this, and its strengths and weaknesses, have been much discussed. But it seems to me that not enough attention has been paid to what is distinctive about Popper’s work – and to the question of how it addresses our various problem-situations today. (shrink)

This article employs Bonnie Honig’s concepts of refusal and intensification to conceptualize the ancient practice of ‘parrhesia’ as a form of conflictual, political truth-telling. This entails envisaging political truth-telling as an intense, agonal practice that does not establish unalterable foundations but takes part in world-building practices. To this end, I first reconstruct parrhesia as an agonistic practice of truth-telling. Against this background, I take up Honig’s concept of intensification to make sense of parrhesia’s intricate political stakes with reference to Euripides’s (...) Ion tragedy. Finally, I reenvisage the bacchants’ secession to Cithaeron against the backdrop of Michel Foucault’s analysis of the cynic tradition, where parrhesia turns into a subversive political practice of displaying and prefiguring other forms of existence and social relations. (shrink)

In this paper, I introduce an account of aesthetic understanding. Recent discussions of aesthetic understanding have associated it with aesthetic justification and with understanding why, for example, a given object is aesthetically valuable. I introduce a notion of aesthetic understanding as a form of objectual understanding, which I refer to as ‘appreciative understanding’. Appreciative understanding is related to and partly constituted by an agent’s capacity to comprehend and experience an artwork holistically and to communicate effectively regarding its particular aesthetic character (...) and value. I then argue for the understanding account of aesthetic judgement on which the paradigmatic form of aesthetic judgement is grounded on appreciative understanding. This argument partly consists in demonstrating how the understanding account can explain the autonomy of aesthetic judgement. In closing, I explore the potential of the understanding account to explain the structure of our appreciative practices. That is, I put forward the view that our appreciative practices are structured so as to promote appreciative understanding. (shrink)

There are two competing models for how to understand Aquinas’s hylomorphic theory of material substances: the Simple Model, according to which material substances are composed of prime matter and substantial form, and the Expanded Model, according to which material substances are composed of prime matter, substantial form, and all of their accidental forms. In this paper, I first explain the main differences between these two models and show how they situate Aquinas’s theory of material substances in two different places within (...) the contemporary debate on concrete particulars, highlighting several advantages that Aquinas’s approach has over other varieties of substratum and bundle theory along the way. I then offer some reasons to think that the Expanded Model, as a theory of concrete particulars, is preferable. I argue that the Expanded Model avoids two major concerns for the Simple Model: the problem of extrinsicality, and the problem of too-many-possessors. (shrink)

Slurring is a kind of hate speech that has various effects. Notable among these is variable offence. Slurs vary in offence across words, uses, and the reactions of audience members. Patterns of offence aren’t adequately explained by current theories. We propose an explanation based on the unjust power imbalance that a slur seeks to achieve. Our starting observation is that in discourse participants take on discourse roles. These are typically inherited from social roles, but only exist during a discourse. A (...) slurring act is a speech-act that alters the discourse roles of the target and speaker. By assigning discourse roles the speaker unjustly changes the power balance in the dialogue. This has a variety of effects on the target and audience. We show how these notions explain all three types of offence variation. We also briefly sketch how a role and power theory can help explain silencing and appropriation. Explanatory power lies in the fact that offence is correlated with the perceived unjustness of the power imbalance created. (shrink)

Although clinical interpretation originated with Freud, the latter's positivist preference for purely observational methods made him ambivalent toward interpretive methods. According to Rubovits-Seitz, the legacy of Freud's positivism still pervades clinical thinking and interferes with progress in investigating and improving interpretive methods. He reviews the paradigm shift in general science from positivism to postpositivism by way of demonstrating the compatibility of interpretive inquiry with a postpositivist approach. Post-Freudian models of clinical interpretation are evaluated, andclinical methods of interpretation are compared (...) with interpretive approachesin nonclinical fields. A detailed discussion of the neglected problem ofjustifying interpretations incorporates evaluations of specific justifyingprocedures and a case report illustrating applications of such methods. Thework concludes with a consideration of common but avoidable errors in clinicalinterpretation along with remedial strategies for dealing with them. Following _Depth-Psychological Understanding, _clinicians may no longer take for granted the interpretive process and the accuracy of their own interpretations. Rubovits-Seitz's scholarly survey marks a major advance in comprehending the methodology of clinical interpretation and in setting forth both the problems and promise of interpretive methods. (shrink)

Heinz Kohut was arguably the most influential modern day psychoanalyst. Because current interest in Kohut's work has focused so completely on self psychology, however, certain aspects of Kohut's thinking, in particular his nonreductive synthesis of Freudian theory, are in danger of being lost. Prior to his development of self psychology, Kohut was a legendary teacher of Freudian theory at the Chicago Institute for Psychoanalysis. In this volume, Philip Rubovits-Seitz presents Kohut's previously unavailable lectures from his course on psychoanalytic psychology (...) along with an illuminating summary statement on Freudian theory jointly written by Kohut and Rubovits-Seitz. Rubovits-Seitz continues with his own insightful analysis of Kohut's distinctive approach to Freudian theory. And he concludes by arguing persuasively why Kohut's later contributions should best be viewed as a continuation, rather than an abandonment, of this early vision. _Kohut's Freudian Vision _not only repairs an outstanding tear in received psychoanalytic history but also challenges self psychologists and contemporary Freudian psychoanalysts alike to renewed reflection. (shrink)

The Negation Problem states that expressivism has insufficient structure to account for the various ways in which a moral sentence can be negated. We argue that the Negation Problem does not arise for expressivist accounts of all normative language but arises only for the specific examples on which expressivists usually focus. In support of this claim, we argue for the following three theses: 1) a problem that is structurally identical to the Negation Problem arises in non-normative cases, and this problem (...) is solved once the hidden quantificational structure involved in such cases is uncovered; 2) the terms ‘required’, ‘permissible’, and ‘forbidden’ can also be analyzed in terms of hidden quantificational structure, and the Negation Problem disappears once this hidden structure is uncovered; 3) the Negation Problem does not arise for normative language that has no hidden quantificational structure. We conclude that the Negation Problem is not really a problem about expressivism at all but is rather a feature of the quantificational structure of the required, permitted, and forbidden. (shrink)

Jeremy Waldron is one of the world's leading legal and political philosophers. This collection brings together thirteen of his most recent essays which, in the course of working the book up for publication, the author has revisited and thoroughly revised. He addresses central issues within the liberal tradition, focusing on the law and its role in a pluralistic state which experiences deep disagreements about values and rights, and about the role of the state itself.

Introduces history's greatest philosophers and explains their major contributions to the field of philosophy, profiling such figures as Francis Bacon, David Hume, John Stuart Mill, and Bertrand Russell.

Introduction -- Fallibilism -- Contextualism -- Knowledge and reasons -- Justification -- Belief -- The value and importance of knowledge -- Infallibilism or pragmatic encroachment? -- Appendix I: Conflicts with bayesian decision theory? -- Appendix II: Does KJ entail infallibilism?

Contemporary accounts of the concept of exploitation can be grouped into camps that tie the wrongness of taking advantage of another person to: (1) the unfair division of benefits resulting from an interaction; (2) excessive benefits resulting from structural injustice; and (3) a failure of respect for others’ humanity. In practice, accounts of exploitation that focus on the fairness of benefits resulting from individual transactions and, to a lesser degree, unjust social and economic institutions have dominated the applied ethics literature (...) using the concept of exploitation. However, fairness-based accounts of exploitation have a difficult time explaining a common dimension of purportedly exploitative cases in the press and academic literature—namely the absolute deprivation of and/or experience of injustice by victims of exploitation. In this paper, I argue that a respect-based account can explain how exploitation arises both from individual interactions and against a backdrop of injustice. Specifically, our connections with one another and social and economic institutions specify the duty of beneficence and political responsibility to promote just institutions. Exploitation takes place when people fail to act on these specified obligations in favor of their own benefit. (shrink)

Rational agency is of central interest to philosophy, with evolutionary accounts of the cognitive underpinnings of rational agency being much debated. Yet one building block—our ability to argue—is less studied, except Mercier and Sperber’s argumentative theory :57–74, https://doi.org/10.1017/s0140525x10000968, 2011, in The enigma of reason. Harvard University Press, Cambridge, 2017). I discuss their account and argue that it faces a lacuna: It cannot explain the origin of argumentation as a series of small steps that reveal how hominins with baseline abilities of (...) the trait in question could turn into full-blown owners of it. This paper then provides a first sketch of the desired evolutionary trajectory. I argue that reasoning coevolves with the ability to coordinate behavior. After that, I establish a model based on niche construction theory. This model yields a story with following claims. First, argumentation came into being during the Oldowan period as a tool for justifying information ‘out of sight’. Second, argumentation enabled hominins to solve collective action problems with collaborators out of sight, which stabilized argumentative practices eventually. Archeological findings are discussed to substantiate both claims. I conclude with outlining changes resultant from my model for the concept of rational agency. (shrink)

Plato is often acknowledged as the first philosophical critic of democracy and his Republic is regularly taken as a paradigm of an anti-democratic work. While it is true that Plato objected to much about the democracy of his own time, Plato’s political theorizing also reveals an interest in improving democratic institutions. This chapter explores three themes in Plato’s thinking about democracy: firstly, Plato's insistence that rulers should be knowledgeable and his claim that most people are politically incompetent (§1); secondly, Plato's (...) criticisms of oratory and the corrupting effects of public rhetoric (§2); thirdly, Plato's use of democratic institutions in the Laws (§3). Once we appreciate these different evaluations of democratic practices, we can see that Plato was not simply ‘anti-democratic’ or ‘pro-democratic’ but thought some democratic practices should be abandoned, some reformed, and some adopted. (shrink)

We offer a general framework for theorizing about the structure of knowledge and belief in terms of the comparative normality of situations compatible with one’s evidence. The guiding idea is that, if a possibility is sufficiently less normal than one’s actual situation, then one can know that that possibility does not obtain. This explains how people can have inductive knowledge that goes beyond what is strictly entailed by their evidence. We motivate the framework by showing how it illuminates knowledge about (...) the future, knowledge of lawful regularities, knowledge about parameters measured using imperfect instruments, the connection between knowledge, belief, and probability, and the dynamics of knowledge and belief in response to new evidence. (shrink)

_A Sceptical Theory of Scientific Inquiry: Problems and Their Progress_ presents a striking re-interpretation of Popper’s ‘critical rationalism’. Briskman stresses methodological argument rather than metaphysics, develops a ‘Popperian’ response to the Meno Paradox, and takes further Briskman’s approach to problems concerning creativity.

It's often said that according to deflationary theories of truth, truth is not a ‘substantial’ property. While this is a fine slogan, it is far from transparent what deflationists mean (or ought to mean) in saying that truth is ‘insubstantial’. Focusing so intently upon the concept of truth and the word ‘true’, I argue, deflationists and their critics have been insufficiently attentive to a host of metaphysical complexities that arise for deflationists in connection with the property of truth. My aim (...) is to correct several misunderstandings as to what deflationists are after here—including some harboured by deflationists themselves—and to offer an account of the commitments about truth's nature that they ought to undertake. In developing this account, I focus particularly upon the issue of what metaphysics of truth a Horwichian minimalist ought to adopt. (shrink)

Explaining humans as rational creatures—capable of deductive reasoning—remains challenging for evolutionary naturalism. Schechter 437–464, 2011, 2013) proposes to link the evolution of this kind of reasoning with the ability to plan. His proposal, however, does neither include any elaborated theory on how logical abilities came into being within the hominin lineage nor is it sufficiently supported by empirical evidence. I present such a theory in broad outline and substantiate it with archeological findings. It is argued that the cognitive makeup of (...) any animal is constituted by being embedded in a certain way of life. Changing ways of life thus foster appearances of new cognitive abilities. Finally, a new way of life of coordinated group behavior emerged within the hominins: anticipatory group planning involved in activities like making sophisticated spears for hunting. This gave rise to human logical cognition. It turned hominins into domain-general reasoner and adherents of intersubjective norms for reasoning. However, as I argue, it did not—and most likely could not—give rise to reason by deductive logic. More likely, deductive reasoning entered our world only a few thousand years ago: exclusively as a cultural artifact. (shrink)

How is what we believe related to how we act? That depends on what we mean by ‘believe’. On the one hand, there is what we're sure of: what our names are, where we were born, whether we are sitting in front of a screen. Surety, in this sense, is not uncommon — it does not imply Cartesian absolute certainty, from which no possible course of experience could dislodge us. But there are many things that we think that we are (...) not sure of. For example, you might think that it will rain sometime this month, but not be sure that it will. Both what we're sure of and what we think have important normative connections to action. But the connections are quite different. This paper explores these issues with respect to assertion, inquiry, and decision making. We conclude by arguing that there is no theoretically significant notion of ‘full belief’ intermediate in strength between thinking and being sure. (shrink)

Debates about the semantics and pragmatics of predicates of personal taste have largely centered on contextualist and relativist proposals. In this paper, I argue in favor of an alternative, absolutist analysis of PPT. Theorists such as Max Kölbel and Peter Lasersohn have argued that we should dismiss absolutism due to its inability to accommodate the possibility of faultless disagreement involving PPT. My aim in the paper is to show how the absolutist can in fact accommodate this possibility by drawing on (...) an account of faultless disagreement that improves upon a recent proposal due to Karl Schafer. In amending Schafer’s proposal, I put forward an empirically informed view of our beliefs regarding matters of personal taste, as well as an account of our assertions concerning such matters. I also argue that absolutists should take disagreement about these matters to be conative, rather than doxastic, in nature. The anticipated result is an independently compelling account of faultless disagreement about matters of personal taste that fits naturally with absolutism. (shrink)

Consider the sentence “Lois knows that Superman flies, but she doesn’t know that Clark flies”. In this paper we defend a Millian contextualist semantics for propositional attitude ascriptions, according to which ordinary uses of this sentence are true but involve a mid-sentence shift in context. Absent any constraints on the relevant parameters of context sensitivity, such a semantics would be untenable: it would undermine the good standing of systematic theorizing about the propositional attitudes, trivializing many of the central questions of (...) epistemology, the philosophy of mind, and the philosophy of action. In response to this problem, we prove a series of tenability results. We show that, given certain constraints on the parameters of context sensitivity, there is a broad class of principles of propositional attitude psychology whose good standing follows from corresponding claims about people’s mental representations. But these constraints also have some surprising consequences: they are jointly incompatible with coarse-grained theories of propositions, and they are in tension with a natural picture of how speakers and hearers coordinate on the interpretation of attitude ascriptions. In light of these consequences we explore different ways in which the contextualist picture might be developed, and argue that our preferred way compares favorably with Fregeanism and neo-Russellianism. (shrink)

Dorr et al. present a case that poses a challenge for a number of plausible principles about knowledge and objective chance. Implicit in their discussion is an interesting new argument against KK, the principle that anyone who knows p is in a position to know that they know p. We bring out this argument, and investigate possible responses for defenders of KK, establishing new connections between KK and various knowledge-chance principles.

In this paper, I discuss two concerns for pluralist truth theories: a concern about a key detail of these theories and a concern about their viability. The detail-related concern is that pluralists have relied heavily upon the notion of a domain, but it is not transparent what they take domains to be. Since the notion of a domain has been present in philosophy for some time, it is important for many theorists, not only truth pluralists, to be clear on what (...) domains are and what work they can do. The viability-related concern is that it’s not clear how a pluralist truth theory could explain the truth-conditions of mixed atomic propositions. To address this concern, truth pluralists should recognize something to which they have not been sufficiently attentive: that some atomic propositions belong to more than one domain. But, recognizing this requires rethinking the relationships between the nature of propositions, their membership in domains, and their truth. I address these issues and propose an understanding of them that is preferable to the best existing account of them, that offered by Michael Lynch. (shrink)

The identity predicate can be defined using second-order quantification: a=b =df ∀F(Fa↔Fb). Less familiarly, a dyadic sentential operator analogous to the identity predicate can be defined using third-order quantification: ϕ≡ψ =df ∀X(Xϕ↔Xψ), where X is a variable of the same syntactic type as a monadic sentential operator. With this notion in view, it is natural to ask after general principles governing its application. More grandiosely, how fine-grained is reality? -/- I will argue that reality is not structured in anything like (...) the way that the sentences we use to talk about it are structured. I do so by formulating a higher-order analogue of Russell’s paradox of structured propositions. I then relate this argument to the Frege-Russell correspondence. When confronted with the alleged paradox, Frege agreed that reality was not structured, but maintained that propositions (i.e. thoughts) were structured all the same. Russell replied that his paradox showed Frege’s theory of structured thoughts to be inconsistent, to which Frege replied that Russell’s argument failed to heed the distinction between sense and reference. Most recent commentators have sided with Russell. In defense of Frege, I establish the consistency of one version of his rejoinder. I then consider and reject some ways of resisting the argument against a structured conception of reality. I conclude that, if propositions are structured, this is because they correspond not to distinctions in reality, but rather to ways in which those distinctions can be represented. (shrink)

In this paper, we offer a brief, critical survey of contemporary work on truth. We begin by reflecting on the distinction between substantivist and deflationary truth theories. We then turn to three new kinds of truth theory—Kevin Scharp's replacement theory, John MacFarlane's relativism, and the alethic pluralism pioneered by Michael Lynch and Crispin Wright. We argue that despite their considerable differences, these theories exhibit a common "pluralizing tendency" with respect to truth. In the final section, we look at the underinvestigated (...) interface between metaphysical and formal truth theories, pointing to several promising questions that arise here. (shrink)

Functionalism about truth, or alethic functionalism, is one of our most promising approaches to the study of truth. In this chapter, I chart a course for functionalist inquiry that centrally involves the empirical study of ordinary thought about truth. In doing so, I review some existing empirical data on the ways in which we think about truth and offer suggestions for future work on this issue. I also argue that some of our data lend support to two kinds of pluralism (...) regarding ordinary thought about truth. These pluralist views, as I show, can be straightforwardly integrated into the broader functionalist framework. The main result of this integration is that some unexplored metaphysical views about truth become visible. To close the chapter, I briefly respond to one of the most serious objections to functionalism, due to Cory Wright. (shrink)

Evidentialism is the thesis that epistemic justification for belief supervenes on evidential support. However, we claim there are cases in which, even though two subjects have the same evidential support for a proposition, only one of them is justified. What make the difference are pragmatic factors, factors having to do with our cares and concerns. Our argument against evidentialism is not based on intuitions about particular cases. Rather, we aim to provide a theoretical basis for rejecting evidentialism by defending a (...) “pragmatic” necessary condition on epistemic justification. We argue for the following necessary condition for justification: S is justified in believing that p only if S is rational to prefer (and, hence, act) as if p. In light of this necessary condition, the price of evidentialism is skepticism, or something close to it. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Conference of the Japan Society for Buddhist-Christian StudiesEiko Hanaoka and Jonathan A. SeitzFour lectures were given, with the theme “The Philosophy of Religion in Hajime Tanabe”:1. “Philosophy as Metanoetics” by Professor Masakazu Fujita2. “Hajime Tanabe’s Philosophy and Christian Dialectic” by Professor Emeritus Isao Onodera3. “‘Christianity’ and ‘Philosophy of Religion’ in Tanabe’s Philosophy” by Professor Emerita Eiko Hanaoka4. “The Original Subjectivity in Pure-Land Buddhism” by Professor Emeritus Akira Kawanami.Professor Emeritus (...) Ausluv Lande from Lund University in Sweden also participated in this conference. [End Page 193]Eiko HanaokaOsaka Prefecture UniversityPalace Side Hotel, Kyoto September 2–4, 2013Copyright © 2014 University of Hawai‘i Press... (shrink)

For some years now, the significance of truth for politics has been intensely debated under the buzzword “post-truth.” However, this cannot hide the fact that political theory and philosophy have systematically neglected the relationship between truth and politics throughout their history. This article intends to remedy this desideratum by differentiating the various modes in which truth is referred to and invoked in the political field. To this end, the main strands of the post-truth debate are reconstructed and their shortcomings are (...) pointed out. Second, based on a contrasting reading of Habermas and Foucault, possible starting points for systematizing the relationship between truth and politics are discussed. Third, and as a prolegomenon to such a systematization, the article proposes a cartography of political truth forms and relations along five fault lines: truth as foundation and de-foundation, truth as coercion and freedom, truth as virtue and scandal, truth as secret and transparency, and truth as knowledge and practice. (shrink)

Predicates of personal taste have attracted a great deal of attention from philosophers of language and linguists. In the intricate debates over PPT, arguably the most central consideration has been which analysis of PPT can best account for the possibility of faultless disagreement about matters of personal taste. I argue that two models of such disagreement—the relativist and absolutist models—are empirically inadequate. In their stead, I develop a model of faultless taste disagreement which represents it as involving a novel incompatibility (...) relation between preferences that I call type-noncotenability. This model is available to all parties in the ongoing debates about PPT, but it points up an advantage enjoyed by expressivist accounts of PPT. In closing, I consider four objections against the model that, while failing to fully undermine it, open up promising avenues of inquiry about the nature of disagreement. (shrink)