Nozick, Prohibition, and No-Fault Motor Insurance

ABSTRACT No‐fault insurance schemes involve prohibiting exercise of the natural rights of individuals to recover damages from those whose negligence causes them harm. Public debate about no‐fault emphasises consequentialist benefits, and takes little account of the putative rights of individuals to recovery. I argue, however, that even on a relatively extreme rights‐based conception of justice, such as Robert Nozick’s, it may be possible to justify a no‐fault scheme. The argument proceeds by: (1) elucidating what compensation the Nozickian must offer in return for prohibiting an activity such as the private recovery of damages; and consequently (2) arguing that there is no prima facie reason to think that the compensation afforded by participation in a no‐fault scheme would be any less adequate than that afforded by participation in a system of tort law     

Locke, Martin and Substance

I raise three questions concerning Locke's doctrine of substratum , in the light of his correspondence with Stillingfleet: (1) What was his doctrine?(2) Is it philosophically defensible?(3) Is it consistent with his empiricist epistemology? I defend answers which represent Locke's doctrine as being only partially successful but amenable to improvement in certain ways. C.B. Martin has proposed an alternative interpretation of Locke's position. I examine this and find it to be admirable in many respects but implausible in others.     

Hume,Locke and consciousness

This is a reply to Donald Ainslie's discussion of Terence Penelhum's work on Hume, Locke and the nature of consciousness; although agree on many points about the differences between Locke and Hume, I take issue with Ainslie's views about the epistemic status Hume accords to introspective acts.     

Locke, McCann, and Voluntarism

Abstract: Locke scholars continue to disagree over how he analyzed natural laws, real essence-power relations in physical substances. Some say he regarded them as emanations, necessitated by the corpuscular structure of real essences; for others his laws are adventitious, imposed on substances by God and contingent on divine alterable will. The second view has been increasingly favored in recent years, assisted no doubt by Edwin McCann's potent case for it in "Lockean Mechanism" (1985). The present article, whose authors are sympathetic to the necessitarian reading of Locke, argues against McCann's exegesis.     

Locke,Arnauld, and abstract ideas

A great deal of the criticism directed at Locke’s theory of abstract ideas assumes that a Lockean abstract idea is a special kind of idea which by its very nature either represents many diverse particulars or represents separately things that cannot exist in separation. This interpretation of Locke has been challenged by scholars such as Kenneth Winkler and Michael Ayers who regard it as uncharitable in light of the obvious problems faced by this theory of abstraction. Winkler and Ayers argue that Locke instead held that to have an abstract idea is to attend selectively to some portion of the content of a particular idea. On this view, to have an abstract idea is not to have a special kind of idea but to have an ordinary idea in a special way. Ayers argues that Locke inherited this theory from Arnauld. I argue that the case made by Ayers for the attribution of the extrinsic theory to Locke rests on a misinterpretation of Arnauld. In fact, both Locke and Arnauld regard selective attention as part of a process whereby a new kind of idea is constructed.     

Locke,Kierkegaard and the Phenomenology of Personal Identity

Abstract

Personal Identity theorists as diverse as Derek Parfit, Marya Schechtman and Galen Strawson have noted that the experiencing subject (the locus of present psychological experience) and the person (a human being with a career/narrative extended across time) are not necessarily coextensive. Accordingly, we can become psychologically alienated from, and fail to experience a sense of identity with, the person we once were or will be. This presents serious problems for Locke’s original account of “sameness of consciousness” constituting personal identity, given the distinctly normative (and indeed eschatological) focus of his discussion. To succeed, the Lockean project needs to identify some phenomenal property of experience that can constitute a sense of identity with the self figured in all moments to which consciousness can be extended. I draw upon key themes in Kierkegaard’s phenomenology of moral imagination to show that Kierkegaard describes a phenomenal quality of experience that unites the experiencing subject with its past and future, regardless of facts about psychological change across time. Yet Kierkegaard’s account is fully normative, recasting affective identification with past/future selves as a moral task rather than something merely psychologically desirable (Schechtman) or utterly contingent (Parfit, Strawson).