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Showing posts from February, 2010

The nature of Socrates

Is he some sort of a midwife, or more like a Silenus statue? The import of this question was emphasized by Prior in The Socratic Problem, from the Blackwell Companion to Plato The midwife analogy from the Theaetetus : "The common reproach against me is that I am always asking questions of other people but never express my own views about anything, because there is no wisdom in me, and that is true enough... With those who associate with me it is different. At first some may give the impression of being ignorant and stupid; but as time goes on and our association continues, all whom God permits are seen to make progress - a progress which is amazing both to other people and to themselves. And yet it is clear that this is not due to anything they have learned from me." (excerpts 150c4-d7) The Silenus analogy from the Symposium (told by Alcibiades): "To begin with, he's crazy about beautiful boys; he constantly follows them around in a perpetual daze. Also, he lik

Readings on Legal Positivism

1. "It is arguable, however, that law's functions in our culture are more closely related to its coercive aspect than Hart seems to have assumed. Contemporary use of ‘game theory’ in the law tends to show that the rationale of a great variety of legal arrangements can be best explained by the function of law in solving problems of opportunism, like the so called Prisoner's Dilemma situations. In these cases, the law's main role is, indeed, one of providing coercive measures. Be this as it may, we should probably refrain from endorsing Austin's or Kelsen's position that providing sanctions is law's only function in society. Solving recurrent and multiple coordination problems, setting standards for desirable behavior, proclaiming symbolic expressions of communal values, resolving disputes about facts, and such, are important functions which the law serves in our society, and those have very little to do with law's coercive aspect and its sanction-providi