bluuebunny/crossref_metadata_2025_split huggingface dataset:
Bentham and the Common Law Tradition
Authors: Postema Gerald 
Published: September 2019

Abstract
This work explores the relationship between Bentham's utilitarian practical philosophy and his positivist jurisprudence. These theories appear to be in tension because his utilitarian commitment to the sovereignty of utility as a practical decision principle seems inconsistent with his positivist insistence on the sovereignty of the will of the lawmaker. Two themes emerge from the attempt in this work to reconcile these two core elements of Bentham's practical thought. First, Bentham's conception of law does not fit the conventional model of legal positivism. Bentham was not just a utilitarian and a positivist; he was a positivist by virtue of his commitment to a utilitarian understanding of the fundamental task of law. Moreover, his emphasis on the necessary publicity and the systemic character of law, led him to insist on an essential role for utilitarian reasons in the regular public functioning of law. Second, Bentham's radical critique of common law theory and practice convinced him of the necessity to reconcile the need for certainty of law with an equally great need for its flexibility. He eventually developed a constitutional framework for adjudication in the shadow of codified law that accorded judges discretion to decide particular cases according to their best judgment of the balance of utilities, guaranteeing the accountability and appropriate motivation of judicial decision-making through institutional incentives. The original text of this work, first published in 1986, remains largely unchanged, but an afterword reconsiders and revises some themes in response to criticism.
Law, Social Union, and Collective Rationality
Authors: Postema Gerald J. 
Published: September 2019

Abstract
This chapter explores the philosophical motivations behind Common Law theory and legal positivism. The primary aim is to define more precisely the terms of the debate between these two great jurisprudential traditions. It considers the thoughts of Coke and Hale, while Hobbes appears as their antagonist. However, because both Hobbes and the Common Law theorists substantially reworked a patchwork of political and jurisprudential ideas inherited, at least in part, from the natural law tradition, Aquinas's theory is used as the point of departure of the chapter. It is the most familiar and theoretically the most sophisticated discussion of the issues to be found within the natural law tradition.
The Judge as Paterfamilias
Authors: Postema Gerald J. 
Published: September 2019

Abstract
Following his radical critique of Common Law, both as a system of laws and as a theory of adjudication, Bentham embarked on a career-long attempt to produce an alternative which more adequately meets the criteria of his background utilitarian theory. This chapter focuses on his theory of adjudication. In his view, the proper definition of the judicial role and a proper understanding of the nature, scope, and limits of judicial decision-making could only be achieved by attempting to solve central problems of the design of adjudicative institutions and procedures. The principle on which he based his construction of adjudicative institutions was drawn from his analysis of the defects of Common Law, especially his view that it is self-defeating to attempt to structure judicial decision-making by means of fixed rules in order to constrain arbitrariness and abuse of power.
Publicity and the Development of Bentham’s Theory of Value
Authors: Postema Gerald J. 
Published: September 2019

Abstract
Bentham was tempted to think of the welfare of the community as a grand composite of the pleasures and pains of individuals and he suggested that it is possible to construct a powerful ethical deliberating machine capable of churning out precise, determinate, and publicly verifiable judgments and prescriptions for all moral occasions (the “felicific calculus”). Yet, he also articulated a sophisticated critique of the assumptions on which this model rests. Although pleasure and pain must ultimately anchor all moral judgments, he insisted that the language of the ordinary business of utilitarian moral deliberation, policy making, and law making must be fully public. Despite his criticisms of the quale conception of pleasure, Bentham did not abandon rationality or the principle of utility. Proper utilitarian reasoning still, in Bentham’s view, involved “calculation”—that is, tracing out the consequences of all the options for action, laws, or institutions, consequencesassessed in terms of their impact on the welfare of all the members of the community in view. But these calculations need not fit the simple model, in fact, they must not, since the simple model cannot meet the demands of moral reasoning, in particular the demands of publicity. Bentham’s universal consequentialism took for its core theory of value concerns about expectations and interests, rather than immediate sensings of pleasure or pain.
Bentham’s Equality-Sensitive Theory of Value
Authors: Postema Gerald J. 
Published: September 2019

Abstract
Equality lies at the heart of Bentham’s theory of value, and hence at the core of his utilitarian moral and political theory.The thesis of this chapter is that a proper understanding of the foundational role of equality in Bentham’s moral and political theory will give us further insight into his distinctive theory of value. Equality was not merely an ad hoc addition to his principle of utility, undermining the coherence of the entire theory, as critics have charged. Rather, Bentham thought of equality as involved in the very meaning of the principle, as Mill put it. This equality-sensitive principle of utility draws on a person-regarding conception of value that recognizes the equal claim that each person’s well-being has on our moral attention. This conception of value that contrasts sharply with the one standardly attributed to classical utilitarians.
Utility, Public Rules, and Common-Law Adjudication
Authors: Postema Gerald J. 
Published: September 2019

Abstract
A theme running through all of Bentham’s jurisprudential writings is the conflict between the demands for stability and certainty of law and the need for flexibility in adjudication. Although he was keenly aware of the need for fixed rules for social conduct, Bentham regarded the principle of utility as the sovereign rational decision principle. Thus, he sought ways to constrain the decision-making of judges while leaving them room to respond to the constantly varying demands of utility in particular cases. The complex history of the development of Bentham’s theories of law and adjudication is the history of a series of increasingly sophisticated attempts to solve this central problem of utilitarian political and legal theory. This history begins to unfold in Bentham’s early reflections on justice, utility, and common-law adjudication. In these writings, Bentham defined the basic terms of the conflict, surveyed with remarkable insight the issues at stake, and proposed a unique utilitarian solution for his native common-law system. He soon became dissatisfied with this solution and this dissatisfaction set him on a course of increasingly deeper reflections on the nature of law and adjudication that eventuated in a complex and sophisticated jurisprudential theory. However, abandoning his initial solution did not signal that Bentham abandoned the principles underlying his early argument. Rather, he came to see that only a systematic arrangement of comprehensive codes—the “pannomion”—could hope to answer the demands of publicity on the law.
The Soul of Justice
Authors: Postema Gerald J. 
Published: September 2019

Abstract
Law has the task of securing us against the abuse of power, but it also creates new opportunities and resources for such abuse. The only effective solution to this problem, according to Bentham, lay in publicity, the most robust and comprehensive system of public oversight of public power in all its forms. Security against misrule was his mantra and his singular aim; publicity was his most powerful tool. Law’s ruling, Bentham argued, ultimately depends upon the spirit, intelligence, vigilance, intrepidity, energy, and perseverance of the public. Public opinion can work its constraining magic only if at every point the exercise of governmental power is public. In his extended discussion of securities against misrule, we have a sustained, articulated exploration of the necessary infrastructure of the rule of law. Bentham analyzed the background conditions and engineered the supporting institutions needed for a comprehensive and effective architecture of accountability. He enlisted every kind of device and facility he could imagine for this purpose. Laws requiring all kinds of openness and disclosure of governmental actions were among these devices, but he also thought about the physical and social structures of public spaces. He was an engineer and architect of publicity.
Politizdat’s Literary Turn After Stalin
Authors: Jones Polly 
Published: September 2019

Abstract
This chapter analyses the effects on political publishing of the party and state authorities’ urgent concerns about the language and form of Soviet propaganda, which emerged very soon after Stalin’s death, lasted throughout the post-Stalin period, and targeted Politizdat as political literature’s main producer. This major drive for more engaging propaganda gave rise, in the 1950s and 1960s, to unprecedented critique of the language of Politizdat’s previous publications, and then to the embrace of biography as the most lively and effective form of propaganda. The creation of the ‘Fiery Revolutionaries’ series initiated a large-scale, long-term experiment with the biography genre and with literary collaboration to revitalize political literature’s popular appeal: it was intended to produce evocative and emotionally involving portraits of a huge gallery of ‘revolutionaries’. The last part of this chapter traces the early, embattled years of the series between its creation in 1964 and its launch in 1968, the same year as the party’s ideological crackdown connected to the intervention in Czechoslovakia.
Authors, Editors, and the Niches of Late Soviet Literature
Authors: Jones Polly 
Published: September 2019

Abstract
This chapter traces the formation and evolution of the ‘Fiery Revolutionaries’ community in the Brezhnev era from three points of view: of writers as they decided whether and how to collaborate with it; editors, as they struggled to recruit writers and develop a distinctive culture for the series; and Politizdat’s managers and their party-state overseers, who were consistently suspicious of this unusual ‘niche’ and often interfered in it. Despite heavy censorship, political interference, and a large dose of conformist writing ‘to order’, the series sustained an ‘oasis’ or ‘niche’ within late Soviet literature, though this term fails to capture the effort involved in maintaining this sense of difference. In employing a very wide range of writers throughout late socialism, it also blurred the boundaries between Soviet and dissident literature, and compels us to reconsider the notion that ‘thaw’ writers, literary experimentation, and historical reflection migrated entirely into unofficial publishing after 1964 or 1968. Instead, such fragile niches kept late socialist literary identities and practices in flux throughout the Brezhnev period.
A Note on Kant’s First Antinomy
Authors: Moore A.W. 
Published: September 2019

Abstract
An interpretation of Kant’s first antinomy is defended whereby both its thesis and its antithesis depend on a common basic principle that Kant endorses, namely that there cannot be an ‘infinite contingency’, by which is meant a contingent fact about how an infinite region of space or time is occupied. The greatest problem with this interpretation is that Kant explicitly declines to apply counterparts of the temporal arguments in the antinomy to the world’s future, even though, if the interpretation is correct, such arguments are clearly there to be applied. This problem, it is argued, is surmountable.
Bird on Kant’s Mathematical Antinomies
Authors: Moore A.W. 
Published: September 2019

Abstract
This essay is concerned with Graham Bird’s treatment, in The Revolutionary Kant, of Kant’s mathematical antinomies. On Bird’s interpretation, our error in these antinomies is to think that we can settle certain issues about the limits of physical reality by pure reason whereas in fact we cannot settle them at all. On the rival interpretation advocated in this essay, it is not true that we cannot settle these issues. Our error is to presuppose that the concept of the unconditioned has application to physical reality. Once this presupposition has been abandoned, we can retrieve sound arguments from the antinomies, not indeed to demonstrate that the views originally being defended are correct, but to demonstrate that the views originally being attacked are incorrect. The essay concludes with some comments concerning how this disagreement relates to a broader disagreement about the best way to understand Kant.
Solipsism and Subjectivity
Authors: Moore A.W. 
Published: September 2019

Abstract
This essay is concerned with solipsism, understood as the extreme sceptical view that I have no knowledge except of my subjective state. A less rough formulation of the view is mooted, inspired by a Quinean combination of naturalism and empiricism. An objection to the resultant position is then considered, based on Putnam’s argument that we are not brains in vats. This objection is first outlined, then pitted against a series of counter-objections. Eventually it is endorsed, but only at the price of exposing the formulation of solipsism in question as not, after all, a satisfactory formulation. This leads to further speculation about the status of solipsism itself. Two of the possibilities that are considered are, first, that it is incoherent and, secondly, that it is inexpressible.
One or Two Dogmas of Objectivism
Authors: Moore A.W. 
Published: September 2019

Abstract
This essay first appeared as a critical notice of Thomas Nagel’s The Last Word. Though the essay evidences broad sympathy with the spirit of Nagel’s book, its main burden is to query the letter of the book. Nagel’s defence of the view that there are certain beliefs and ways of thinking that are not from any point of view, or that are ‘objective’ in his own terms, is criticized on the grounds that it is too facile. It is also criticized for not being pitted against a critique of beliefs and ways of thinking that are from some point of view, or that are ‘subjective’ in his terms.
One World
Authors: Moore A.W. 
Published: September 2019

Abstract
This essay first appeared as a contribution to a special issue of European Journal of Philosophy to mark the fiftieth anniversary of the publication of P.F. Strawson’s The Bounds of Sense. In that book Strawson asks whether we should agree with Kant’s claim, in his Critique of Pure Reason, that there can be only one world. What Kant means by this claim is that the four-dimensional realm that we inhabit must constitute the whole of empirical reality. Strawson gives reasons for challenging this claim. This essay raises the question whether, even if Strawson is right, we may nevertheless have reason to believe that there can be only one world on a broader understanding of ‘world’. The aim is as much to clarify the issue as to settle it, although an attempt is made to motivate the view that there can indeed be only one world on this broader understanding.
On Saying and Showing
Authors: Moore A.W. 
Published: September 2019

Abstract
This essay constitutes an attempt to probe the very idea of a saying/showing distinction of the kind that Wittgenstein advances in the Tractatus—to say what such a distinction consists in, to say what philosophical work it has to do, and to say how we might be justified in drawing such a distinction. Towards the end of the essay the discussion is related to Wittgenstein’s later work. It is argued that we can profitably see this work in such a way that a saying/showing distinction arises there too. In particular, in the final sub-section of the essay, it is suggested that we can see in Wittgenstein’s later work an inducement to say what we are shown.
Consequences of climatic change for distributions
Authors: Huntley Brian 
Published: September 2019

Abstract
Species’ distributions, population sizes, and community composition are affected, directly and indirectly, by climatic changes, leading to changes in location, extent, and/or quality of distributions, range fragmentation or coalescence, and temporal discontinuities in suitable conditions. Quaternary fossil records document these responses, emphasizing individualism of species’ responses and impermanence of communities. Recent observations document similar changes attributable to recent climatic changes, including rapid decreases and increases in ranges and/or populations. Both also document extinctions associated with rapid climatic changes. Modelling studies predict substantial changes in species’ distributions, population sizes, and communities in response to future climatic changes. Implicit assumptions that genetic variation enabling adaptation is ubiquitous throughout species’ ranges, or that gene flow may be sufficiently rapid to allow adaptation, may be invalid. Work is needed to investigate spatial structuring of adaptive genetic variation and rates of gene flow, and to develop new models. Without this, species extinction risks may be severely underestimated.
Fitting the lens of climate change on bird conservation in the twenty-first century
Authors: Marra Peter P. , Zuckerberg Benjamin , Both Christiaan 
Published: September 2019

Abstract
Understanding and predicting future ecological impacts of climate change, and then developing a conservation strategy to minimize the negative impacts on biodiversity, remains one of the greatest environmental challenges of the twenty-first century. We lack a robust understanding of how climate variability (e.g., temperature, precipitation) itself influences the biology of organisms and, when evidence points to a species being vulnerable to the effects of climate change, there is a lack of specific and timely recommendations for managers to reduce that vulnerability. This chapter reviews how we assess which species are most impacted by climate change and then provides a framework and examples of common strategies and tactics managers can use to incorporate climate change adaptation into bird conservation. In doing so, we present a suite of strategies designed to translate broad conservation concepts into targeted and prescriptive actions for birds.
Three-point functions in N=4 supersymmetric Yang–Mills theory
Authors: Komatsu Shota 
Published: September 2019

Abstract
This is a review of the integrability-based approach to the three-point function in N = 4 supersymmetric Yang–Mills theory. We first discuss the computation of the structure constant at weak coupling and show that the result can be recast as a sum over partitions of the rapidities of the magnons. We then introduce a non-perturbative framework, called the ‘hexagon approach’, and explain how one can use the symmetries and integrability to determine the structure constants.
‘They Have Rights over Us’
Authors: Hassett Dónal 
Published: September 2019

Abstract
This chapter turns away from partisan politics to analyse the development of the Algerian veterans’ movement over the course of the interwar period. It considers organizations that drew members not only from different ethnic and social backgrounds but also from a pool of men with an unparalleled claim to legitimacy born of participation in the war. The chapter focuses on the attempts of one such veterans’ association, the Amicale des Mutilés du Département d’Alger, to reconcile its supposedly non-racial notion of veteran primacy with the real primacy of the European community in the colonial state. Furthermore, it illustrates how the tensions at the heart of the Amicale’s discourse empowered indigenous veterans to assert their demands within the movement and eventually to set up their own organizations that were fully committed to achieving real change on behalf of indigenous ex-servicemen.
Introduction
Authors: Hassett Dónal 
Published: September 2019

Abstract
This introduction opens with an analysis of the controversies that surrounded the centenary of the Great War in Algeria, arguing that they reflect a much longer history of political mobilization of the war’s memory in the country. It positions this book at the heart of contemporary historiographical debates about the global nature of the First World War and its legacies, the conflict’s impact in the colonial world, and the transformation of politics in interwar Algeria. By combining the work of leading scholars of colonialism with the discourse analysis approach of the literary theorist Mikhail Bakhtin, it explains why the contested language of politics is so crucial to understanding questions of agency in a colonial context like interwar Algeria. Finally, it acknowledges the challenges of the colonial archive and demonstrates how a critical approach to sources can allow for a nuanced discussion of political discourse in colonial societies such as the Algeria.
Hobbes
Authors: Crisp Roger 
Published: September 2019

Abstract
This chapter discusses the views on self-interest and morality of Thomas Hobbes (1588–1679). The standard interpretation of Hobbes as a psychological egoist (that is, a philosopher who claims that the sole ultimate motivation for voluntary human action) is defended against modern criticism. Hobbes is also argued to be a rational egoist (that is, a philosopher who claims that the sole ultimate reason for all voluntary human action is the promotion of the agent’s self-interest). Hobbes’s ‘instrumental’ view of morality is explained. The power of his challenge to morality is brought out, despite the problems in his famous response to ‘the Foole’.
More
Authors: Crisp Roger 
Published: September 2019

Abstract
This chapter discusses the views on self-interest and morality of the Cambridge Platonist Henry More (1647–87). More’s attempt to combine substantive hedonism about self-interest or well-being (the view that self-interest consists only in pleasures) with the advocacy of virtue is explained. His notion of the ‘boniform faculty’, an intellectual power that enables us to see what is good and to take pleasure in it, is elucidated. Some problems are raised for his account of how to evaluate different kinds of pleasure, based as it is on the Aristotelian idea that the virtuous person is the only competent judge of pleasantness and painfulness.
Locke
Authors: Crisp Roger 
Published: September 2019

Abstract
This chapter discusses the views on self-interest and morality of the great English empiricist philosopher John Locke (1632–1704). Locke’s responses to Thomas Hobbes’s view that there is a natural law of self-interest are described, in particular his view that there are moral reasons independent of those grounded in the self-interest of the agent. Locke’s own account of natural law is set out, and the role of God as the source of morality explained. The question of whether Locke was a utilitarian is discussed, and an explanation is offered for Locke’s failure explicitly to allow for ultimate moral reasons.
Shaftesbury
Authors: Crisp Roger 
Published: September 2019

Abstract
This chapter discusses the views on self-interest and morality of Anthony Ashley Cooper, the 3rd Earl of Shaftesbury (1671–1713), focusing in particular on his Characteristics of Men, Manners, Opinions, Times, but also discussing other works such as his Regimen. Shaftesbury’s commitment to Stoic ethics is elucidated. He is claimed to accept a broadly Aristotelian account of moral motivation, which resolves any ultimate conflict between morality and self-interest in the goals of a rational agent. The ethical aspects of his moral philosophy are brought out. His restricted hedonism, and in particular his views on the hedonic value of virtue and ‘higher pleasures’, are explained and criticized.