Franz Neumann, the rule of law and the unfulfilled promise of classical liberal thought

This thesis draws on the work of Franz Neumann, a critical theorist associated with the early Frankfurt School, to evaluate liberal arguments about political legitimacy and to develop an original account of the justification for the liberal state.

Applied philosophy of language

This chapter explores the extent to which philosophy of language can be considered an applied discipline. I consider, first, ways in which sub-sections of philosophy of language may be considered as applied in terms of their subject matter and/or the kinds of questions being addressed (e.g. philosophy of language which deals with derogatory or inflammatory uses of language, or the role of philosophy of language within feminist philosophy). Then, in the second part of the chapter, I turn to consider a more general (and perhaps more controversial) conception of philosophy of language as applied, which arises from the methodology adopted and the relationship of the discipline to empirical data.

The foundations of the rule of law

Formal conceptions of the rule of law are popular among contemporary legal philosophers. Nonetheless, the coherence of accounts of the rule of law committed to these conceptions is sometimes fractured by elements harkening back to substantive conceptions of the rule of law. I suggest that this may be because at its origins the ideal of the rule of law was substantive through and through. I also argue that those origins are older than is generally supposed. Most authors tend to trace the ideas of the rule of law and natural law back to classical Greece, but I show that they are already recognisable and intertwined as far back as Homer. Because the founding moment of the tradition of western intellectual reflection on the rule of law placed concerns about substantive justice at the centre of the rule of law ideal, it may be hard for this ideal to entirely shrug off its substantive content. It may be undesirable, too, given the rhetorical power of appeals to the rule of law. The rule of law means something quite radical in Homer; this meaning may provide a source of normative inspiration for contemporary reflections about the rule of law.

Conflicts of law and the mutual recognition of same-sex unions in the EU

My thesis uses legal arguments to demonstrate a requirement for recognition of same-sex marriages and registered partnerships between EU Member States. I draw on the US experience, where arguments for recognition of marriages void in some states previously arose in relation to interracial marriages. I show how there the issue of recognition today depends on conflicts of law and its interface with US constitutional freedoms against discrimination. I introduce the themes of the importance of domicile, the role of the public policy exception, vested rights, and relevant US constitutional freedoms. Recognition in the EU also depends on managing the tension between private international law and freedoms guaranteed by higher norms, in this case the EU Treaties and the European Convention on Human Rights. I set out the inconsistencies between various private international law systems and the problems this creates. Other difficulties are caused by the use of nationality as a connecting factor to determine personal capacity, and the overuse of the public policy exception. I argue that EU Law can constrain the use of conflicts law or public policy by any Member State where these are used to deny effect to same-sex unions validly formed elsewhere. I address the fact that family law falls only partly within Union competence, that existing EU Directives have had limited success at achieving full equality and that powers to implement new measures have not been used to their full potential. However, Treaty provisions outlawing discrimination on grounds of nationality can be interpreted so as to require recognition in many cases. Treaty citizenship rights can also be interpreted favourably to mandate recognition, once private international law is itself recognised as an obstacle to free movement. Finally, evolving interpretations of the European Convention on Human Rights may also support claims for cross-border recognition of existing relationships.

Experimental philosophy of language

Experimental philosophy of language uses experimental methods developed in the cognitive sciences to investigate topics of interest to philosophers of language. This article describes the methodological background for the development of experimental approaches to topics in philosophy of language, distinguishes negative and positive projects in experimental philosophy of language, and evaluates experimental work on the reference of proper names and natural kind terms. The reliability of expert judgments vs. the judgments of ordinary speakers, the role that ambiguity plays in influencing responses to experiments, and the reliability of meta-linguistic judgments are also assessed.

The Philosophy of Dissonant Children : Stanley Cavell's Wittgensteinian Philosophical Therapies as an Educational Conversation

Education is often understood as a process whereby children come to conform to the norms teachers believe should govern our practices. This picture problematically presumes that educators know in advance what it means for children to go on the way that is expected of them. In this essay Viktor Johansson suggests a revision of education, through the philosophy of Stanley Cavell, that can account for both the attunement in our practices and the possible dissonance that follows when the teacher and child do not go on together. There is an anxiety generated by the threat of disharmony in our educational undertakings that may drive teachers toward philosophy in educational contexts. Here Johansson offers a philosophical treatment of this intellectual anxiety that teachers may experience when they, upon meeting dissonant children, search for epistemic justifications of their practices—a treatment whereby dissonant children can support teachers in dissolving their intellectual frustrations.