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1
Le point fixe: Nouvelles conférences. [Paris]: Mille et une nuits, 2010.
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2
France, Société mathématique de, ed. L'ensemble de rotation autour d'un point fixe. Paris, France: Société Mathématique de France, 2013.
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3
Fixed point theory for decomposable sets. New York: Kluwer Academic Publishers, 2004.
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4
How to win an argument: Surefire strategies for getting your point across. 3rd ed. Lanham, Md: University Press of America, 2008.
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5
Iterative approximation of fixed points. 2nd ed. Berlin: Springer, 2007.
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6
Fixed point theorems with applications to economics and game theory. Cambridge [Cambridgeshire]: Cambridge University Press, 1985.
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7
Border, Kim C. Fixed Point Theorems with Applications to Economics and Game Theory. Cambridge, UK: Cambridge University Press, 1999.
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8
Crabb, M. C. Fibrewise homotopy theory. London: Springer, 1998.
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9
Poincaré), Poincaré Seminar (9th 2006 Institut Henri. Gravitation and experiment: Poincare Seminar 2006. Basel, Switzerland: Birkhäuser, 2007.
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10
Thibault, Damour, Duplantier Bertrand, and Rivasseau Vincent 1955-, eds. Gravitation and experiment: Poincaré Seminar 2006. Basel, Switzerland: Birkhäuser, 2007.
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11
Halvorson, Hans. A Theological Critique of the Fine-Tuning Argument. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198798705.003.0007.
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The fine-tuning argument attempts to use data from contemporary physics as evidence for God’s existence. In particular, contemporary physics suggests that—in absence of any divine intervention—there was little chance that a universe like ours would come into existence. The chapter points out a theological problem with the fine-tuning argument: since God can choose the laws of nature, God can set the chances that a universe like ours would come into existence. It argues, however, that if God could be expected to create a nice universe, then God could also be expected to set favourable chances for a nice universe. Therefore, the fine-tuning argument defeats itself.
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Fryszkowski, Andrzej. Fixed Point Theory for Decomposable Sets. Springer, 2011.
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13
Cappelen, Herman. Conceptual Engineering without Bedrock and without Fixed Points. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198814719.003.0018.
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This chapter considers whether there are any limits to conceptual engineering, developing the idea that there are no safe spaces from conceptual change. First, it considers Chalmers’s argument for bedrock concepts. It argues that Chalmers’s claim that there is an asymmetric structure in the space of disputes is an (implausible) empirical claim. Second, it considers Eklund’s claim to the effect that our thinnest normative concepts are irreplaceable, and this is a limit to conceptual engineering, and shows that Eklund doesn’t establish this. It ends by revisiting some old worries, defending the choice of the term ‘conceptual engineering’, and responding to the claim that by making conceptual engineering inscrutable and out of control, it has been debunked rather than defended. However, conceptual engineering is very hard for us to do, but so is (almost) everything that is important to us.
14
How to Win an Argument: Surefire Strategies for Getting Your Point Across. 2nd ed. MJF Books, 2001.
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15
Gilbert, Michael A. How to Win an Argument: Surefire Strategies for Getting Your Point Across. John Wiley & Sons, 1998.
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16
Kaplan, Mark. Philosophical Detachment Revisited. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198824855.003.0003.
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Examines five attempts to show that the skeptically inclined philosopher has things she can point to that genuinely constrain what we can say from a detached philosophical perspective—things that suggest that we should say (from that perspective) exactly what the skeptically inclined philosopher would have us say; included are Barry Stroud’s appeals to a scenario involving plane-spotters, to the nature of the project of trying to understand human knowledge in general, to the tug of the dream argument, and to the thought that our ordinary practice of knowledge attribution is overly influenced by practical exigency; also included is a fifth appeal (not by Stroud) to the thought that there really isn’t anything out of the ordinary about waxing skeptical from a detached philosophical perspective; shows how each of these attempts goes wrong; along the way, explains and defends Austin’s take on the nature of perceptual experience.
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Baggett, David, and Jerry Walls. The Moral Argument. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190246365.001.0001.
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The history of the moral argument is a fascinating tale to tell. Like any good story, it is full of twists and unexpected turns, compelling conflicts, rich and idiosyncratic characters, both central and ancillary players. The narrative is as labyrinthine and circuitous as it is linear, its point remains to be fully seen, and its ending has yet to be written. What remains certain is the importance of telling it. The resources of history offer a refresher course, a teachable moment, a cautionary tale about the need to avoid making sacrosanct the trends of the times, and an often sobering lesson in why reigning assumptions may need to be rejected. If insights from luminaries of moral apologetics prove penetrating and their challenges formidable, then an intentional effort to recapture the richness of the history of the moral argument will likely prove to be illuminating. This book lets the argument’s advocates, many long dead, come alive again and speak for themselves. An historical study of the moral argument is a reminder of how classical philosophers were unafraid to ask and explore the big questions of faith, hope, and love; of truth, goodness, and beauty; of God, freedom, and immortality. It gives students and scholars alike the chance to drill down into their ideas, contexts, and arguments, inviting us all to learn to live with the moral argument. Only by a careful study of its history can we come to see its richness and the fertile range of resources it offers.
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Zürn, Michael. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198819974.003.0011.
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This chapter summarizes the argument of the book. It recapitulates the global governance as a political system founded on normative principles and reflexive authorities in order to identify the legitimation problems built into it; it points to the explanation of the rise of societal politicization and counter-institutionalization via causal mechanisms highlighting the endogenous dynamics of that global governance system; and, it sums up the conditions under which the subsequent processes of legitimation and delegitimation lead to the system’s decline or to a deepening of it. In addition, the conclusion submits that the arguments put forward in this book are in line with a newly emerging paradigm in International Relations. A “global politics paradigm” is increasingly complementing the “cooperation under anarchy paradigm” which has been dominant for around five decades. The chapter finishes with suggestions of areas for further research.
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Barrett, Justin L. The Argument from Positive Epistemic Status. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190842215.003.0010.
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Plantinga’s suggested argument for God from positive epistemic status takes as its starting point that many of our beliefs have positive epistemic status and that such positive status is best thought of as derived from our belief-forming faculties functioning properly in an appropriate environment. Plantinga suggests that this proper function is best understood in terms of a designer having engineered these faculties for particular purposes, the best candidate for this designer being God. A ready objection is that the needed “proper” functioning could be derived from evolution and, so, God is not obviously the best candidate for being the “designer.” This essay evaluates versions of this objection in reference to recent scientific research from cognitive developmental psychology and cognitive science of religion.
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Dorr, Cian, John Hawthorne, and Juhani Yli-Vakkuri. The Bounds of Possibility. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192846655.001.0001.
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This book didn’t have to consist of exactly the sentences that it in fact contains: any one of its sentences could have been very different. But it could not have consisted of an entirely different collection of sentences, such as to make it a gothic novel or a treatise on wine-tasting. Other familiar objects are similarly capable of being moderately different, but not radically different, in various respects. But there are puzzling arguments which threaten these apparently obvious judgments, exploiting the fact that an appropriate sequence of small differences can add up to a radical difference. This book presents the first full-length treatment of these puzzles, using them as an entry point to a broad range of metaphysical questions about possibility, necessity, and identity. It introduces tools of higher-order modal logic which enable a rigorous treatment of the puzzles, and develops a strategy for resolving them based on a plenitudinous ontology of material objects, which induces fine-grained variability in the reference of words like ‘book’.
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van Woudenberg, René. An Epistemological Critique of Scientism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190462758.003.0008.
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This chapter examines two recent views that have self-consciously been labeled by their authors as “scientism.” Alexander Rosenberg’s scientism is the view that the methods of science are the only reliable ways to secure knowledge of anything. This view faces many counterexamples, Rosenberg’s arguments in its favor are weak, and the view is self-referentially incoherent. Don Ross, James Ladyman, and David Spurrett’s scientism as propounded in Every Thing Must Go is the view that science is our only guide to the objective features of the world. It includes an institutional criterion that demarcates bona fide science from non-science, a non-positivist form of verificationism, and the notion that scientism is not a thesis but a stance. The chapter argues that this view, too, faces counterexamples. It also points to problems with the institutional demarcation criterion, the proposed verificationism, as well as the notion that scientism is a stance.
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Ludlow, Morwenna. Art, Craft, and Theology in Fourth-Century Christian Authors. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198848837.001.0001.
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Ancient authors commonly compared writing with painting. The sculpting of the soul was a common philosophical theme. This book takes its starting-point from such figures to recover a sense of ancient authorship as craft. The ancient concept of craft (ars, technē) spans ‘high’ or ‘fine’ art and practical or applied arts. It unites the beautiful and the useful. It includes both skills or practices (like medicine and music) and productive arts like painting, sculpting, and the composition of texts. By using craft as a guiding concept for understanding fourth-century Christian authorship, this book recovers a sense of them engaged in a shared practice which is both beautiful and theologically useful, which shapes souls but which is also engaged in the production of texts. It focuses on Greek writers, especially the Cappadocians (Basil of Caesarea, Gregory of Nazianzus, and Gregory of Nyssa) and John Chrysostom, all of whom were trained in rhetoric. Through a detailed examination of their use of two particular literary techniques—ekphrasis and prosōpopoeia—it shows how they adapt and experiment with them, in order to make theological arguments and in order to evoke an active response from their readership.
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Series, Michigan Historical Reprint. Statement of the claim of The State of Alabama against The United States; with argument in support thereof, and numerous precedent from usage of the Government, ... and cases in point, Now before Congress. Scholarly Publishing Office, University of Michigan Library, 2005.
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24
Pollock, Emily Richmond. Opera After the Zero Hour. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190063733.001.0001.
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Opera after the Zero Hour argues that newly composed opera in West Germany after World War II was a site for the renegotiation of musical traditions during an era in which tradition had become politically fraught. The idea of the “Zero Hour,” which put a rhetorical caesura between National Socialism and postwar occupied and divided Germany, was belied by significant continuities with earlier periods and by repeated efforts at conservative restoration. Opera’s social, aesthetic, and political value systems made it an essential piece of this cultural ethos. Its conservatism was creative and multifaceted, and composers who wrote new operas developed a range of strategies to make opera modern while still drawing on the conventions of the genre. Different historical reference points and approaches to operatic tradition are exemplified through five case studies of works premiered in the first two postwar decades on the stages of West Germany. For these operas, this book presents source studies, close reading, and reviews as constellations to illuminate the politicized artistic environment that influenced both their creation and their reception. The argument also draws on historical information and the archives of German opera houses to contextualize new opera within institutions. Works written for postwar West German opera companies could be nuanced in their conception of and relationship to historic and modern ideas of what opera should be, and the reception of these works reveals tensions between particular interpretations of tradition, operaticism, and the future of opera.
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Tripkovic, Bosko. Universal Reason. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808084.003.0004.
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The chapter explores the metaethical foundations of the argument from universal reason. This argument relies on the idea that moral values are universal and attainable through reason. Drawing on comparative constitutional practice, the chapter contends that universality and reasonableness in this argument take two distinct forms: the deductive model assumes that reasoning will point to mind-independent values, and the reflective model holds that the process of reasoning makes courts better attuned to the moral commitments of their own constitutional community. The chapter argues that the deductive model is implausible, and that the reflective model is plausible but builds on moral attitudes already present in the argument from constitutional identity and common sentiment. The chapter concludes that the argument from universal reason cannot be an independent basis of constitutional moral judgment.
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McCarroll, Christopher. Being Faithful to the Past. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190674267.003.0002.
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Observer perspectives are used as a departure point for developing a dual-faceted framework for thinking about personal memory: the Constructive Encoding approach, which emphasizes the multiple sources of information available to memory at encoding; and the Reconstructive Retrieval approach, which stresses how the context of retrieval can affect the content of memory. Observer perspective memories are defended from two related objections (the argument from perceptual impossibility and the argument from perceptual preservation) by drawing on the insights of this dual-faceted framework. This chapter shows that memory can be (re)constructive, dynamic, and flexible, but also accurate and faithful to the past.
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Azzouni, Jody. General Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190622558.003.0012.
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Some general remarks are given about methods of argument in metaphysics. The importance of indispensability arguments, and the importance of the fact that such arguments don’t succeed, is reiterated. The important point is that removing such arguments reveals heretofore hidden logical space. The very position of ontological projectivism can’t be seen unless indispensability arguments are undercut first. The fact that if certain aspects of metaphysics (such as object boundaries) are projected, then certain conceptual puzzles will arise, is also stressed. This is not itself directly an argument for object projectivism; instead, it is a valuable side-effect of arguments that don’t directly turn on conceptual puzzles. Work left for the future is described.
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Fine, Sarah. Migration. Edited by Serena Olsaretti. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780199645121.013.26.
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This chapter focuses on the relationship between the freedom to move across state borders and the demands of distributive justice. For some, the freedom to move across borders represents a requirement of distributive justice, whereas others argue that the demands of distributive justice may justify more or less significant restrictions on international freedom of movement. After outlining the key terms, the chapter critically examines the argument that the freedom to move across borders is a requirement of distributive justice. It presents different plausible versions of this argument and then addresses a set of arguments that point in the other direction, and which seek to illustrate that the obligations of distributive justice may support limits on the freedom to move across borders. Ultimately, the chapter argues that those who look to distributive justice to provide us with definitive answers to questions about freedom of movement’s proper scope will be disappointed.
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Tripkovic, Bosko. Conclusion. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808084.003.0007.
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The chapter summarizes the main argument of the book. It contends that previously identified value-based arguments—from constitutional identity, common sentiment, and universal reason—fail as independent grounds of moral judgment. However, combining these arguments allows constitutional courts to emulate the moral point of view in a process that is both sensitive to different moral perspectives and attuned to their institutional position. The chapter concludes that constitutional courts ought to respect the moral intuitions of the people that can be reflectively attributed to their constitutional identity.
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Pietroski, Paul M. Truth or understanding. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812722.003.0005.
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This chapter and the next argue against the idea that children acquire languages whose sentences have compositionally determined truth conditions. The chapter begins by discussing Davidson’s bold conjecture: the languages that children naturally acquire support Tarski-style theories of truth, which can serve as the core components of meaning theories for the languages in question. The argument is that even if there are plausible theories of truth for these languages, formulating them as plausible theories of meaning requires assumptions about truth that are extremely implausible. Sentences like ‘My favorite sentence is not true’, which happens to be my favorite sentence, illustrate this point. But the point is not merely that “Liar Sentences” are troublesome, it is that theories of truth and theories of meaning have different subject matters.
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North, Jill. A New Approach to the Relational–Substantival Debate. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198828198.003.0001.
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The debate over the existence of spacetime should be seen as one about the fundamentality of spatiotemporal structure to the physical world. This is a non-traditional conception of the debate, which captures the spirit of the traditional one. At the same time, it clarifies the point of contention between opposing views and offsets worries that the dispute is stagnant or non-substantive. It also unearths a novel argument for substantivalism, given current physics. Even so, that conclusion can be overridden by future physics. The chapter concludes that this debate is a substantive one, which the substantivalist is currently winning.
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Healey, Richard. Causation and Locality. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198714057.003.0010.
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By moving to the context of relativistic space-time structure, this chapter completes the argument of Chapter 4 that we can use quantum theory locally to explain correlations that violate Bell inequalities with no instantaneous action at a distance. Chance here must be relativized not just to time but to a space-time point, so that an event may have more than one chance at the same time—it may even be certain relative to one space-time point but ‘at the same time’ completely uncertain relative to another. This renders Bell’s principle of Local Causality either inapplicable or intuitively unmotivated. Counterfactual dependence between the outcomes of measurements on systems assigned an entangled state is not causal since neither outcome is subject to intervention: but it may still be appealed to in a non-causal explanation of one in terms of the other.
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Parfit, Derek. How Things Might Matter. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198778608.003.0002.
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This chapter contends with two arguments about how things matter. It first takes up an expressivist sense of how things matter, using suffering as a starting point for conceptions of caring. Here, the expressivist argument is a claim that, when we say that suffering matters, then we are telling people to care about suffering. The chapter then turns to a refutation of the nihilistic view that nothing matters, despite the fact that nihilists mean that nothing matters in any significant normative sense. From here, the chapter grapples with philosophical disagreements regarding how things matter, and discusses the resolutions to meta-ethical disagreements brought up in a previous publication by the author.
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Sadler, John Z. Values-Based Psychiatric Ethics. Edited by John Z. Sadler, K. W. M. Fulford, and Cornelius Werendly van Staden. Oxford University Press, 2015. http://dx.doi.org/10.1093/oxfordhb/9780198732365.013.35.
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This chapter provides a detailed argument as to why philosophical ethics is a problematic starting point for theorizing psychiatric ethics practice. Following this critique, the author reviews values-based practice (VBP) as offering a practice framework to theorize the particular domain of psychiatric ethics practice. Values-based psychiatric ethics (VBPE) is based upon VBP and focuses on the role of clinician virtue, as well as analytic and clinical skills in working with stakeholders, a “trumps-hierarchy” heuristic which identifies hidden personal and social values, as well as social power structures, and a focus on technique and immediate practical “doing” in clinical encounters. Detailed examples of application are provided.
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Reny, Marie-Eve. Introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190698089.003.0001.
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In China, religious practice is protected under the law only insofar as it is supervised by the state. In reality though, many Protestant churches are unregistered and informally tolerated by local public security bureaus. The empirical starting point of the book is to explain why local public security bureaus tolerate unregistered churches in Chinese cities. It discusses and refutes explanations in the study of Chinese politics and international relations that might address parts of this question. Those focus on the impact of international pressure on autocratic behavior, the principal-agent dilemma, the political economy of religion, social networks, and consultative authoritarianism. It finally introduces the argument, the methodology of the book, and its structure.
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Tiberius, Valerie. Being a Good Friend. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198809494.003.0005.
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According to the value fulfillment theory, when we want to help others we should attend to their point of view. This is easier said than done, because we tend to make mistakes about what people really care about, how they understand or conceptualize what they care about, how they understand their options, what counts as success for them, which things matter more in life than others, and how they understand the facts about risk, rewards, and opportunities. This chapter makes the argument that cultivating habits that make us less self-centered and more aware of our limitations is a good way to try to overcome some of the biggest barriers we face as friends who want to help.
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Kiesewetter, Benjamin. How Reasons Are Sensitive to Available Evidence. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198758709.003.0006.
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This chapter develops a theory of how claims about an agent’s normative reasons are sensitive to the epistemic circumstances of this agent, which preserves the plausible ideas that reasons are facts and that reasons can be discovered in deliberation and disclosed in advice. It argues that a plausible theory of this kind must take into account the difference between synchronic and diachronic reasons, i.e. reasons for acting immediately and reasons for acting at some later point in time. The chapter provides a general account of the relation between synchronic and diachronic reasons, demonstrates its implications for the evidence-sensitivity of reasons, and finally presents and defends an argument for the theory that has been developed.
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Schmidt, Jr, Ronald J. The Uncanny Friend. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190843359.003.0001.
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What does this chapter have to offer our particular moment? The chapter takes Wendy Brown’s argument as the starting point, that neoliberal logic, by substituting market logic for any other normative or political position, has created a crisis in the democratic imagination, as well as in institutional politics. Beyond that, the chapter argue, the weakening of democratic ideas and norms has provided an opportunity for a politics of racism and authoritarian fantasy. At that moment, Machiavelli’s peculiarly anachronistic reading style can bring fresh democratic resources to our approach to it follows Louis Althusser in calling Machiavelli “uncanny,” why it argues one can read him as an uncanny friend, and then turns to the challenges suggested by Brown.
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Campbell, John L. How Did This Happen? Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190872434.003.0001.
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Chapter 1 summarizes the book’s core argument—that Donald Trump’s rise to the presidency did not occur so much from the contingencies of the election per se (e.g. his campaign strategy, Russian meddling, Hillary Clinton’s emails, FBI director James Comey’s investigation, Trump’s media experience as a TV celebrity, etc.) but from deep and long-standing trends in American Society that stretched back decades. These economic, racial, ideological, and political trends were triggered by the demise of America’s Golden Age of prosperity immediately following World War II. They reached a tipping point by the time Barack Obama was elected president. Obama’s election and administration pushed dissatisfaction over the edge. Trump capitalized on it to win the presidency.
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Moehler, Michael. Rational Choice Contractarianism. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198785927.003.0002.
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This chapter discusses Hobbes’ and Gauthier’s moral theories that, from a methodological point of view, are the most important social contract theories for the development of the two-level contractarian theory. With regard to Hobbes’ moral theory, the chapter follows the orthodox interpretation of Hobbes’ moral theory that considers Hobbes to defend a purely instrumental approach to morality, because this interpretation of Hobbes’ moral theory is most relevant for the argument developed in this book. With regard to Gauthier’s moral theory, the chapter discusses both the initial statement of Gauthier’s moral theory in Morals by Agreement as well as the most recent version of Gauthier’s moral theory that de facto rejects orthodox rational choice contractarianism.
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McLaughlin, Jeff, ed. Graphic Novels as Philosophy. University Press of Mississippi, 2017. http://dx.doi.org/10.14325/mississippi/9781496813275.001.0001.
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In a follow-up to Comics as Philosophy, this book addresses two questions: which philosophical insights, concepts, and tools can shed light on the graphic novel? And how can the graphic novel cast light on the concerns of philosophy? Each chapter ponders a well-known graphic novel to illuminate ways in which philosophy can untangle particular combinations of image and written word for deeper understanding. The chapters examine notable graphic novels within the framework posited by these two questions. One chapter discusses how a philosopher discovered that the panels in Jeff Lemire's Essex County do not just replicate a philosophical argument, but they actually give evidence to an argument that could not have existed otherwise. Another chapter reveals how Chris Ware's manipulation of the medium demonstrates an important sense of time and experience. Still another describes why Maus tends to be more profound than later works that address the Holocaust because of, not in spite of, the fact that the characters are cartoon animals rather than human. Other works contemplated include Will Eisner's A Contract with God, Alan Moore and David Lloyd's V for Vendetta, Alison Bechdel's Fun Home, and Joe Sacco's Footnotes in Gaza. Mainly, each author, graphic novelist, and artist are all doing the same thing: trying to tell us how the world is—at least from their point of view.
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Spies, Dennis C. Conclusions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198812906.003.0008.
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The purpose of this last chapter is to summarize the results of the comparative analysis of the US and Western Europe and point to venues for further research. Race and immigration are strongly linked to questions of welfare in the US, but there is little empirical support for the argument that immigration has also led to welfare state retrenchment in Europe. Notwithstanding the negative effects of increased ethnic diversity on support for welfare by natives, the institutional design of European welfare programs and the economically divided anti-immigrant movement prevent immigration concerns from translating into actual retrenchment in the core areas of welfare. Ironically, in many cases it is the anti-immigrant Extreme Right that prevents such an outcome in Western Europe.
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Charles, David. Processes, Activities, and Actions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198777991.003.0002.
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Are events or processes the ontological basis for a satisfying philosophical account of action and agency? This chapter offers some reasons for seeing particular processes as more basic than events for a proper understanding of these issues. It takes as its starting point three reputable opinions which any adequate account should consider and argues that these are best accommodated within a process-based account. In developing this argument, the chapter formulates an alternative event-based account and analyses some of the motivations which have led to its acceptance. In conclusion, the chapter compares the author’s suggestion, seen as Aristotelian in inspiration, with other ways of understanding actions and agency which have gained currency since Davidson’s seminal work in the 1960s and 1970s.
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Patomäki, Heikki. The Anarchical Society as Futurology. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198779605.003.0015.
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The Anarchical Society outlines various possible world orders, such as ‘New Mediaevalism’ and world state, as alternatives to the anarchic order of the modern states-system. This essay evaluates critically the factual and normative premises of Bull’s arguments concerning possible, likely, and desirable future world orders (factual and normative are intertwined but not inseparable). A key point is that Bull somewhat underestimated the sway of globalizing forces, including the gradual emergence of elements of world statehood. This essay’s main argument of, however, is that because of his omission of political economy, Bull would have been puzzled about the causes of the re-emergence of great power conflicts. For the same reason, he also misjudged the importance of building better common institutions.
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Gilbert, Margaret. Demand-Rights—and the Demand-Right Problem. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198813767.003.0005.
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Starting with some important remarks of Hohfeld’s on legal claims, this chapter introduces and focuses on rights of the kind accrued by the parties to informal agreements, among others, which it labels “demand-rights.” One with a demand-right has, centrally, the standing to demand an action from the right’s addressee. This point is clarified as, among other things, demands are distinguished from requests and commands. H. L. A. Hart’s discussion of a promisee’s rights is reviewed, and demand-rights are further characterized by means of a series of equivalences of Hohfeld’s type. Some possible further equivalences, including one suggested by remarks of Joel Feinberg, are considered. An argument for the primacy of demand-rights is sketched and the demand-right problem is raised: how are demand-rights possible?
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Lacey, Joseph. Conclusion to Part I. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198796886.003.0004.
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At this point in the book, I have developed the conceptual resources sufficient for providing a normative democratic assessment of modern political systems. Crucially, what must be kept in mind at all times is the extent to which the democratic purpose is satisfied by a) the voting space compound, b) the public sphere, and c) the nature of democratic representation (especially by political parties). These are the three key interrelated democratic features that determine the power relationship between a political community and its regime. I have also articulated an argument that is of central importance to the book, namely that democratic legitimacy is a powerful centripetal force in the process of demos formation, such that a sustained improvement in the former will typically contribute to forging a stronger civic identity. ...
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Kirchin, Simon. The Thin. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198803430.003.0004.
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This chapter has two main topics. First, the notion of a thin concept is investigated as is the dividing line between thin and thick concepts, with the conclusion drawn that some thin concepts may be thicker than others. Further, through looking at Allan Gibbard’s work it is argued that separationists are better off thinking of the thin as very thin: either pro or con. Second, what does it mean to say, as separationists have to say, that the thin is conceptually prior to the thick? ‘Conceptual priority’ is investigated, using work by Susan Hurley as a starting point, and three types of argument for the claim are considered; although all three arguments are weak, matters are left inconclusive and it is argued, overall, that nonseparationists should find better ground on which to fight.
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Greenawalt, Kent. Text or Intent, or Both. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190882860.003.0002.
Full textAbstract:
This chapter discusses a wide range of issues concerning how far text and intentions should figure in judicial interpretation of legal standards and what should constitute the relevant understanding of a text and the intentions of those who enact it. The chapter makes two fundamental points. The first is that intrinsically what a communications means is closely interrelated to the perceived intentions of those who make it. Any plausible argument for disregarding intentions must rest on claimed specific obstacles, not ordinary understandings. The second basic point is that how to understand text and intentions is sometimes simple, but when it comes to debatable situations each can be complicated and controversial. The chapter also looks at the practice of judicial deference to the interpretations of others and whether that is appropriate.
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Chowdhury, Arjun. Incapable Yet Central. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190686710.003.0001.
Full textAbstract:
This chapter introduces the puzzle motivating the book: most states are weak states, incapable of monopolizing violence and supplying order, and yet the modern centralized state remains the central unit of world politics. Having introduced the puzzle, the chapter previews the core argument. The process of state formation that yielded centralized states in Europe required costly interstate wars and imperial conquest. This process of war driving state formation was not replicable beyond a certain level of destructiveness. After this point, states faced the problem of escalating popular demands for services, and declining willingness to pay taxes and disarm. This gap between what I call “the demand for services” and “the supply of the state” is what we call state weakness, and this gap has deep historical roots. The chapter concludes with an outline of the book.
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Fortin, Katharine. Control of Territory and Human Rights Obligations of Armed Groups. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808381.003.0009.
Full textAbstract:
Chapter 9 considers the relevance of control of territory to the acquisition of legal obligations by armed groups. Employing the principle of ‘effectiveness’ as its starting point, the chapter conducts a detailed analysis of the rules on State responsibility, focusing in particular on Article 9. It also charts jurisprudence from the US Supreme Court, the US-Mexico General Claims Commission, and the Franco-Italian Conciliation Commission. Finding support for the idea that States may be held responsible for the impersonal acts of armed groups, the chapter explains how this case law may give rise to an argument that armed groups are bound by the international obligations of the State in instances where they control territory. It concludes by explaining how the obligations of armed groups may also originate in the continued rights of the population in the territory under their control.