Recent studies on mind‐wandering reveal its potential role in goal exploration and planning future actions. How to understand these explorative functions and their impact on planning remains unclear. Given certain conceptions of intentions and beliefs, the explorative functions of mind‐wandering could lead to regular reconsideration of one's intentions. However, this would be in tension with the stability of intentions central to rational planning agency. We analyze the potential issue of excessive reconsideration caused by mind‐wandering. Our response resolves this tension, presenting (...) a model that aligns the roles of mind‐wandering in planning with empirical evidence and the sustained stability of intentions. (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (shrink)

This paper discusses the Uniqueness Thesis, a core thesis in the epistemology of disagreement. After presenting uniqueness and clarifying relevant terms, a novel counterexample to the thesis will be introduced. This counterexample involves logical disagreement. Several objections to the counterexample are then considered, and it is argued that the best responses to the counterexample all undermine the initial motivation for uniqueness.

This paper discusses the uniqueness thesis, a core thesis in the epistemology of disagreement. After presenting uniqueness and clarifying relevant terms, a novel counterexample to the thesis will be introduced. This counterexample involves logical disagreement. Several objections to the counterexample are then considered, and it is argued that the best responses to the counterexample all undermine the initial motivation for uniqueness.

This paper gives a fIrst overview over the role of mereology the theory of parts and wholes - in semiotics. The mereology of four major semioticians - Husserl, Jakobson, Hjelmslev, and Peirce is presented briefly and its role in the overall architecture of each of their theories is outlined - with Brentano tradition as reference. Finally, an evaluation of the strength and weaknesses of the four is undertaken, and some guidelines for further research is proposed.

A key question in the philosophy of logic is how we have epistemic justification for claims about logical entailment (assuming we have such justification at all). Justification holism asserts that claims of logical entailment can only be justified in the context of an entire logical theory, e.g., classical, intuitionistic, paraconsistent, paracomplete etc. According to holism, claims of logical entailment cannot be atomistically justified as isolated statements, independently of theory choice. At present there is a developing interest in—and endorsement of—justification holism (...) due to the revival of an abductivist approach to the epistemology of logic. This paper presents an argument against holism by establishing a foundational entailment-sentence of deduction which is justified independently of theory choice and outside the context of a whole logical theory. (shrink)

Default logic has been a very active research topic in artificial intelligence since the early 1980s, but has not received as much attention in the philosophical literature thus far. This paper shows one way in which the technical tools of artificial intelligence can be applied in contemporary epistemology by modeling a paradigmatic case of deep disagreement using default logic. In §1 model-building viewed as a kind of philosophical progress is briefly motivated, while §2 introduces the case of deep disagreement we (...) aim to model. On the heels of this, §3 defines our formal framework, viz., a refined Horty-style default logic. §4 then uses the framework to model deep disagreement, and finally §5 provides a critical discussion of the result. (shrink)

This paper aims to show that Selim Berker’s widely discussed prime number case is merely an instance of the well-known generality problem for process reliabilism and thus arguably not as interesting a case as one might have thought. Initially, Berker’s case is introduced and interpreted. Then the most recent response to the case from the literature is presented. Eventually, it is argued that Berker’s case is nothing but a straightforward consequence of the generality problem, i.e., the problematic aspect of the (...) case for process reliabilism (if any) is already captured by the generality problem. (shrink)

Den filosofiske position konsekventialisme er ofte genstand for debat i filosofikredse, men alt for hyppigt opstår der misforståelser blandt de involverede, fordi de ikke er eksplicitte, hvad grundantagelser og væsentlige distinktioner angår. Denne korte artikel vil give en approksimation af, hvad der forstås ved konsekventialisme på et generisk niveau. Målet med artiklen er at klargøre nogle af de grundantagelser og distinktioner, som konsekventialister ofte benytter i deres teoridannelse, og som bør holdes for øje i ønsket om en frugtbar debat.

While the epistemic significance of disagreement has been a popular topic in epistemology for at least a decade, little attention has been paid to logical disagreement. This monograph is meant as a remedy. The text starts with an extensive literature review of the epistemology of (peer) disagreement and sets the stage for an epistemological study of logical disagreement. The guiding thread for the rest of the work is then three distinct readings of the ambiguous term ‘logical disagreement’. Chapters 1 and (...) 2 focus on the Ad Hoc Reading according to which logical disagreements occur when two subjects take incompatible doxastic attitudes toward a specific proposition in or about logic. Chapter 2 presents a new counterexample to the widely discussed Uniqueness Thesis. Chapters 3 and 4 focus on the Theory Choice Reading of ‘logical disagreement’. According to this interpretation, logical disagreements occur at the level of entire logical theories rather than individual entailment-claims. Chapter 4 concerns a key question from the philosophy of logic, viz., how we have epistemic justification for claims about logical consequence. In Chapters 5 and 6 we turn to the Akrasia Reading. On this reading, logical disagreements occur when there is a mismatch between the deductive strength of one’s background logic and the logical theory one prefers (officially). Chapter 6 introduces logical akrasia by analogy to epistemic akrasia and presents a novel dilemma. Chapter 7 revisits the epistemology of peer disagreement and argues that the epistemic significance of central principles from the literature are at best deflated in the context of logical disagreement. The chapter also develops a simple formal model of deep disagreement in Default Logic, relating this to our general discussion of logical disagreement. The monograph ends in an epilogue with some reflections on the potential epistemic significance of convergence in logical theorizing. (shrink)

In contrast to other ancient philosophers, Epicurus and his followers famously maintained the infinity of matter, and consequently of worlds. This was inferred from the infinity of space, because they believed that a limited amount of matter would inevitably be scattered through infinite space, and hence be unable to meet and form stable compounds. By contrast, the Stoics claimed that there was only a finite amount of matter in infinite space, which stayed together because of a general centripetal tendency. The (...) Roman Epicurean poet Lucretius tried to defend the Epicurean conception of infinity against this Stoic alternative view, but not very convincingly. One might suspect, therefore, that the Epicureans’ adherence to the infinity of matter was not so much dictated by physical arguments as it was motivated by other, mostly theological and ethical, concerns. More specifically, the infinity of atoms and worlds was used as a premise in several arguments against divine intervention in the universe. The infinity of worlds was claimed to rule out divine intervention directly, while the infinity of atoms lent plausibility to the chance formation of worlds. Moreover, the infinity of atoms and worlds was used to ensure the truth of multiple explanations, which was presented by Epicurus as the only way to ward off divine intervention in the realm of celestial phenomena. However, it will be argued that in all of these arguments the infinity of matter is either unnecessary or insufficient for reaching the desired conclusion. (shrink)

The aim of this paper is threefold. Firstly, §1 and §2 introduce the novel concept logical akrasia by analogy to epistemic akrasia. If successful, the initial sections will draw attention to an interesting akratic phenomenon which has not received much attention in the literature on akrasia (although it has been discussed by logicians in different terms). Secondly, §3 and §4 present a dilemma related to logical akrasia. From a case involving the consistency of Peano Arithmetic and Gödel’s Second Incompleteness Theorem (...) it’s shown that either we must be agnostic about the consistency of Peano Arithmetic or akratic in our arithmetical theorizing. If successful, these sections will underscore the pertinence and persistence of akrasia in arithmetic (by appeal to Gödel’s seminal work). Thirdly, §5 concludes by suggesting a way of translating the dilemma of arithmetical akrasia into a case of regular epistemic akrasia; and further how one might try to escape the dilemma when it’s framed this way. (shrink)

According to a particular interpretation of quantum mechanics, the causal role of human consciousness in the measuring process is called upon to solve a foundational problem called the “measurement problem.” Traditionally, this interpretation is tied up with the metaphysics of substance dualism. As such, this interpretation of quantum mechanics inherits the dualist’s mind-body problem. Our working hypothesis is that a process-based approach to the consciousness causes collapse interpretation (CCCI) ---leaning on Whitehead’s solution to the mind-body problem--- offers a better metaphysical (...) understanding of consciousness and its role in interpreting quantum mechanics. This article is the kickoff for such a research program in the metaphysics of science. (shrink)

What role does the imagination play in scientific progress? After examining several studies in cognitive science, I argue that one thing the imagination does is help to increase scientific understanding, which is itself indispensable for scientific progress. Then, I sketch a transcendental justification of the role of imagination in this process.

Abstract: Law professors offer to teach students something called “thinking like a lawyer.” They suggest thereby that legal thought is in some way unique. If it is, through what means is it acquired? By reading the law. And so reading the law must be a different experience than reading other things, as is implied by the admonition that thinking like a lawyer is somehow different than other thinking. In most law school education, reading is practiced as a means to an (...) end—to produce a description of the substance or procedure of a particular area of the law. Too often, it is only in legal research and writing courses that reading is explicitly addressed. Even there, it is most often analyzed only in its role as a counterpart to the goal of writing; of producing tangible text. But although reading is not studied on its own terms, it makes up most of the practice of learning the law and much of the practice of law. When we read in the utilitarian senses of describing substance or procedure or in order to learn to write, we omit the powerful, tacit learning that occurs with this reading—the learning of the legal worldview. This remains true in the practice of law as well, where reading maintains the acquired worldview. This article explores how that worldview seeps silently into the lives of lawyers while they are busy learning to describe and inscribe the law. While social science has much to tell us about the process of reading, we need to turn to the arts to see the worldview that is learned and perpetuated when one learns to read the law. (shrink)

Mimicry and deception are two important issues in studies about animal communication. The reliability of animal signs and the problem of the benefits of deceiving in sign exchanges are interesting topics in the evolution of communication. In this paper, we intend to contribute to an understanding of deception by studying the case of aggressive signal mimicry in fireflies, investigated by James Lloyd. Firefly femmes fatales are specialized in mimicking the mating signals of other species of fireflies with the purpose of (...) attracting responding males to become their prey. These aggressive mimics are a major factor in the survival and reproduction of both prey and predator. It is a case of deception through active falsification of information that leads to efficient predation by femmes fatales fireflies and triggered evolutionary processes in their preys’ communicative behaviors. There are even nested coevolutionary interactions between these fireflies, leading to a remarkable system of deceptive and counterdeceptive signaling behaviors. We develop here a semiotic model of firefly deception and also consider ideas advanced by Lloyd about the evolution of communication, acknowledging that deception can be part of the explanation of why communication evolves towards increasing complexity. Increasingly complex sign exchanges between fireflies evolve in an extremely slow pace. Even if deceptive maneuvers are played out time and time again between particular firefly individuals, the evolution of the next level of complexity—and thus the next utterance in the dialogue between species—is likely to take an immense amount of generations. (shrink)

The legal, political, and social meaning of the work of Charles Darwin has been claimed as resident to conservative and liberal homes alike. Peter Singer’s unique admixture of personal liberal politics and what may look to be an extremely conservative philosophy of nature expose some over-simplicity in traditional ‘right’ and ‘left’ categories. In ‘‘Recovering the Left from Darwin in the 21st Century’’, Steve Fuller provides us with insightful historical and sociological contexts for Singer’s challenges. In this article, Kirk Junker (...) takes one aspect of the trajectory ‘the notion of natural rights’ and examines their social construction, linguistic maintenance, and legal ramifications. (shrink)

The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...) of the emissions trading tool, insufficient attention has been paid to its underlying legal and ethical assumptions. In this article, it is emphasized that emissions trading is a part of compliance with environmental law, not a market alternative to compliance. The difference between the two greatly effects and is affected by theories of rights. As part of the scheme of rights and accompanying duties, the author questions whether an implicit right to pollute has been created through emissions trading, as exemplified by the comparison of the systems in the U.S., China and Europe. (shrink)

Two problems of wildlife law will be addressed in this article - one is spatial and the other is temporal. The first problem is the lack of identity with, and therefore support for, international wildlife law that local populations have. That leads to the second problem, which is the failure to apply the lessons learned from biodiversity law of fauna to the biodiversity problems of flora. As to the spatial problem, if we make a simple comparison between a map of (...) biodiversity hotspots and a world geopolitical map, we can see that the hotspots worldwide fall largely in developing countries. (shrink)

One of the main contentions of the framework for Responsible Innovation (RI) is that social and ethical aspects have to be addressed by deliberative engagement with stakeholders and the wider public throughout the innovation process. The aim of this article is to reflect on the question to what extent is deliberative engagement suitable for conducting RI in business. We discuss several tensions that arise when this framework is applied in the business context. Further, we analyse the place of deliberative engagement (...) in several theories of business ethics. We conclude that there remains a tension between the ideal of RI and the way in which the competitive market operates. Hence, RI scholars should reflect more critically on changes that are required in the market in order to make RI possible, modify the ideal of deliberative engagement for RI in business, or attempt to strike a balance between these two responses. (shrink)

Although we were again reminded in 2008 of the unreliability of markets, pollution mitigation and environmental improvement become increasingly intertwined with market economics. We seem irrationally to continue and in fact, increase the role of the market in maintaining and improving human health and the environment. In this article, the author reviews four popular schemes for market particiption in human health and the environment: emissions trading, the top runner program, corporate average fuel economy (CAFE), and technology forcing. This review demonstrates (...) that when each of these programs has been deemed "effective", it generally means "economically profitable", not effective in improving human health or the environment. The review further shows that as these four methods are compared one to the other, when they do work to improve human health or the environement, their relative ability to do so is directly proportional to the degree of legal control, and indirectly proportional to the role of the market. (shrink)

Contrary to the notion that the human mind has some sort of tendency toward the abstract processes of classifying, analysing and synthesising, this paper suggests that these processes are historically and socially constructed. Because these processes (in particular, synthesising) are brought about to serve specific purposes and agendas, we need to pre-examine them periodically to see if they still serve our needs. In the past, synthesis had an important function as a symbol, among alchemists, for example. We have all but (...) forgotten that symbolic functioning and treat it now only in its material manifestations. Having done so, we use the material sense to explain the symbolic sense. In that way, synthesis may no longer be a helpful way to look at our abstract processes. Insofar as the needs of the future may be different than the needs of the past or present, it may indeed be time to abandon ideas of abstract synthesis. The author suggests that in its place, we consider the notion of ‘shuttling’. Shuttling allows us to adopt different positions, and even contradictory positions within our individual thinking, without feeling the need to immediately characterise the contradiction as ‘wrong’. And insofar as we may have multiple present positions, shuttling opens up the possibility for multiple future positions as well. (shrink)

In reading Barbara Koslowski's "Theory and Evidence: The Development of Scientific Reasoning", one may be convinced that the ancient debate between classical rationalists and empiricists is alive. And like most people who carefully investigate the ability of either rationalism or empiricism truly to account for all of our ability to know, Koslowski arrives at the position of saying that knowledge (in this case scientific knowledge) is a product of both: "neither theory nor data alone is sufficient to achieve scientific success; (...) each must be evaluated in the context of, and constrained by, the other". The problem, according to Koslowski, for those who insist upon empiricism as being the only type of understanding which counts as science, is that we then exclude much of the productive thought in children empiricism champions itself as being theory-independent. The theory-independent notion of science uses covariation as its exclusive criterion for scientific reasoning. "In short, the empiricist aim of rationally reconstructing scientific inquiry in terms of theory-independent principles went along with an (all but exclusive) emphasis on the role of Humean indices. And this, in turn, brought with it a corresponding emphasis on hypothesis testing rather than hypothesis discovery and revision". Consequently, according to Koslowski, if we are willing to expand our notion of scientific reasoning to go beyond testing for covariation, then we will find that many more children and adults can be seen to reason in a manner which would be called "scientific". (shrink)

The future is evitable. That is to say if, as many of the contributors to Futures over the years have claimed, there is more than one future possible, and that more than one will be experienced, then talking about ‘inevitability’ is simply wrong. And what a task it is to attempt to say anything warranted, but nevertheless fresh concerning the futures of Europe—especially in such a context as considering the plural conception of futures in the title of this publication! Immediately (...) after the member states of the Union failed to agree the draft treaty on European Constitution at the Intergovernmental Conference ending on December 13, 2003, the Frankfurter Allgemeine Zeitung provided two full pages of political coverage under the rubric “After the Failure [or ‘running aground’] of Brussels— The EU in Crisis”, and on the front page reported “The EU at an Uncertain Future” [2]. Six months later, on the day after those same states agreed a Treaty Establishing a Constitution for Europe, The Irish Times reported that Sweden still supported the EU, but not the Euro, and that EU Council President Bertie Ahearn, the Irish Prime Minister, thanked all those who helped with ‘a ship that has been safely docked today’ [5]. Ships are useful not when they remain in port, but rather when they move, so six months later, after nearly four decades of failed attempts, on December 17, 2004, Turkey was given the possibility of opening talks for accession to the European Union. From the European docks of Ireland, Germany, Sweden, and the UK, there are contributions in this special edition of Futures on “The Futures of Europe”. Even within the geographic limits of Europe, the ships come at different speeds, as represented by two authors from outside the Eurozone and four within. There are also contributions from a ship between ports in Italy and the USA and from a ship between Germany and Turkey. And there is something from that port across the ocean—the USA. What may be perhaps the most telling contribution to this volume, however, is the one that is not here. I had invited a colleague from Beijing to provide a prospective from China on the futures of Europe, and he had enthusiastically accepted. (shrink)

On September 7, 2008 the executive administration of American President George W. Bush announced that his government would take over the giant mortgage finance companies Fannie Mae and Freddie Mac, costing the citizens $200 billion. One week later, the 160 year-old American investment bank Lehman Brothers filed for the largest bankruptcy in U.S. history. What would soon be known worldwide as “the financial crisis” had begun. In response to that crisis, less than a month later, on October 3, 2008, the (...) United States Congress passed the Emergency Economic Stabilization Act of 2008, which established the Troubled Asset Relief Program and authorized the use of $700 billion in taxpayer funds to bail out the banking and finance industry. As a result, the U.S. Treasury reports that the total bailout gave Bank of America $45 billion, Citigroup Bank $45 billion, AIG Bank $40 billion, J. P Morgan $25 billion, Wells Fargo $25 billion, General Motors $10.4 billion, Goldman Sachs $10 billion, Morgan Stanley $10 billion, GMAC $5 billion, and Chrysler corporation, a mere $4 billion. This response to a perceived crisis was not limited to the United States. On October 12, 2008—in one day alone—the United Kingdom coughed up the equivalent of €679 billion in bank relief. And in Germany, Der Spiegel reported on December 23, 2008 “The German government whipped its €480 billion bank bailout package through parliament in record time.". (shrink)

Broadly stated, programs implementing the notion of sustainable development seek to balance economic interests with environmental interests. One would assume from the focus that one finds in sustainable development literature on how economics needs to account for the environment that sustainable development adherents are satisfied with the ways in which environmental studies account for economics. Specifically, it appears that sustainable development adherents are satisfied with the content of science as it is currently practiced and wish only to apply that content (...) of science practice more democratically to special problems. This essay questions that assumption by taking a concrete look at the environmental policy document known as Agenda 21. Can the extant practices of science, which to varying degrees created the need for the Earth Summit in Rio de Janeiro in 1992, remain untouched while economics are restructured, if we are to obtain sustainable development? Simply put, what is a sustainable science? (shrink)

Elsewhere I have argued that the future is made of words and images that we create and use in the present, and that the nature of these words is such that we project our future(s)1 from them[1]. Ultimately, we then treat those projected worlds, made of our own words and images, as being something real, or at least real enough to be considered unavoidable, and thus we read back meaning on the present based upon the unavoidable future that we have (...) created. If one accepts this schema, then it begins to make sense not only to examine this process of future creation, but to examine the particular words and images that we have chosen to create the future. Here, I want to examine a particular word—the word “millennium”. A recent edition of the television programme Equinox began with the question “Why has the millennium— a date of our own making—become the focus for the hopes and fears of mankind?”2 The answer lies in the question—it is our own making. We are not only the ones who have done the mathematical calculation to make it 2000, we have created the meaning and significance that it has. And then strangely, dumb-founded and amazed, we stand back as though we are looking upon something as otherpowered as the sun. How do we do this? (shrink)

On the fiftieth anniversary of the Treaties of Rome, the Berlin Declaration declared the period of reflection on the failed Treaty to Establish a Constitution for Europe to be at an end. To replace it, a reform treaty was signed in Lisbon in December of 2007, and newspapers from Dublin to Beijing reported on the communique issued by EU leaders in Brussels that stated ,,The Lisbon Treaty provides the Union with a stable and lasting institutional framework. We expect no change (...) in the foreseeable future, so that the Union will be able to fully concentrate on addressing the concrete challenges ahead, including globalisation and climate change ..."2 In choosing the problems to highlight in the press release for what still might constitute the legal framework for Europe in the foreseeable future, why did these leaders state, and why did these journalists repeat these two issues together - globalisation and climate change? ,,Globalisation" and the various processes it describes as such have already been thoroughly discussed in legal literature many times over. (shrink)

A picture held us captive. And we could not get outside it, for it lay in our language and our language seemed to repeat it to us inexorably. -/- Can an image create a future? Can a word create a future? Most emphatically,‘yes’, I would say. Moreover, not only can words and images create a future, they are the only means of future creation. They are that important because they are that close to our creation of meaning. Thus, it makes (...) perfect sense to look to word and image in its most voluminous form—film—to see suggestions of what some of the future(s) might be. -/- This is not an analysis in the standard sense of a film review. My only comments lie with the creation of future(s) in language and for present purposes, perhaps even more so, in image. There is one important point to be made about one particular word right here at the outset, though. One of the most important criticisms in future studies is that we treat the future as an inevitable manifesting of itself—something that happens ‘out there’, beyond our control or influence. Consequently, there is only one future, as though it is already written in the script of a God, and we are playing it out on stage. This attitude is reflected in language insofar as we consider it standard to use definite, rather than indefinite articles; that is, to say the future, just as we say the present and the past. In fact, we do have some say in the future(s). It is not some sort of intentionally-guided say that we have, however. And it is certainly not some sort of happy control of destiny. It is more of a structural influence. That influence is an influence whereby we create an atmosphere of possibilities. (shrink)

Of course it is not a word, this “dediction”; at least, not yet. But why not? As the story goes, James Joyce was once asked whether his habit of inventing words was because there were not enough words in the English language. He answered that there were enough words, just not the right words. To see whether “dediction” might be a “right word”, I begin by considering related terms, and then consider what they do for us—why do they exist and (...) my new term, “dediction”, does not? For example, if we construct for ourselves a simple list of Latinate roots related to writing and seeing, and then add time-related prefixes, we could quickly come up with “post-script”, “describe”, “description,” “prescribe”, and “prescription”, among others. (“Depict” and “depiction” come to mind as well, but their treatment is beyond my scope here.) If we then do the same for speaking, we have no trouble recognising “predict” and “prediction”, but what about “postdict” and “postdiction” or “dedict” and “dediction”? (shrink)

Previously in Futures, I discussed a word that we use to form an abstract futures concept: “millennium” [1]. In its most common current usage, “millennium” is an example of a word that provides, and one might even say controls, a future orientation for us. In the present essay, I am taking a different approach to the role of the word that I will be discussing. This word is not an example of a future-orientation; rather it is more of an example (...) of language about future-orientation. The word is “expectation”. To make this distinction clearer, it may help to borrow some of the terminological distinctions made by the American logician, C.S. Peirce. First of all, for Peirce, and indeed for my present purposes, signs include words. More specifically, in a paper dated 1867, May 14th, and published in the Proceedings of the American Academy of Arts and Science (Boston), VII (1868) [2] Peirce divided signs into three categories based upon their relationship to their object—Icons, Indices, and Symbols. (Peirce himself used the convention of capitalising the words.) He defined “Icon” as a sign determined by its object “by virtue of its own internal nature”. In comparison, he defined “Index” as a sign determined by its object “by virtue of being in real relation to it”, such as when smoke is a sign of fire. A Symbol, according to Peirce, is a sign determined by its object “only in the sense that it will be so interpreted”. A Symbol thus depends upon conventions or habits. (shrink)

This article considers the role of law as an active force in educating citizens on norms of the society. The norms are created and enforced in the law in general, but of particular importance are those in environmental law. In environmental law the environment is not protected only for the sake of serving human beings. To learn this lesson, however, one must look at the specifics of the law and its application. Some laws purport to be concerned with the environment (...) for its own sake, but a review of the language of that law shows it to be indirectly benefitting humans. (shrink)

Replacing the value-free ideal (VFI) for science requires attention to the broader understanding of how science in society should function. In public spaces, science needed to project the VFI in norms for science advising, science education, and science communication. This resulted in the independent science advisor model and a focus on science literacy for science education and communication. Attending to these broader implications of the VFI which structure science and society relationships is crucial if we are to properly replace the (...) VFI with a better ideal. (shrink)

There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference of (...) the Parties in 1997 at Kyoto, as the organizing force of all serious legal actions. There are two foci of the UNFCCC and Protocol - mitigation of the causes of climate change and adaption to the effects of climate change. In the first ten years of life with the UNFCCC, much of the focus was upon mitigation. During that period, adaptation was regarded as only a regrettable fallback position to be considered if we were unable (or as it turns out, unwilling) to mitigate. (shrink)

When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...) problem. . . .Empirically, the mathematician always suspects the philosopher of not knowing enough about mathematics to have earned the right to speak." While the discipline of law does not have the ontological purchase of the discipline of mathematics, the working lawyer, like the working mathematician, would feel disconnected from "the rigorous description of the generic essence of [his] operations" that the philosopher might offer. Badiou further reports that "justice" is a philosophical word if we do not include juridical significations in it. It is precisely here, when the juridical significations are left aside, that the lawyer (not the legislator) is excluded from the benefits of a "rigorous description" that a philosopher might offer. What can be done to extend the ontological understanding of justice to include the subjectivity of the lawyer and to determine whether the juridical is capable of Badiou's sense of "event?". (shrink)

What powers do to several states of the United States have individually to enter into environmental agreements with other sovereign nations? In this article, the author reviews the power that states may have generally and then specifically regarding environmental agreements. Several traditional tools of analysis have historically been used including the constitutional doctrine of pre-emption, cooperative federalism and the foreign affairs doctrine. Some newer tools of analysis are also offered including the revival of the treaty-compact and the author's own concept (...) of "de-emption". The United States Senate's explicit refusal to ratify the Kyoto Protocol, coupled with the consequent state initiatives to control greenhouse gasses - especially the documents concluded between New Jersey and the Netherlands, provide rich examples of these tools in contemporary action. (shrink)

In the human and natural sciences there are many ways of examining nature. While archaeologists, anthropologists and other scientists prefer to examine nature empirically, philosophers and other humanists are more likely to examine texts in order to arrive at an idea of, for example, the Greek world's understanding of nature. Among the scholarly treatises that we typically consider to be sources for research into Greek philosophy of nature and the environment, I selected, for the purposes of this paper, Plato's The (...) Laws and Aristotle's Constitutions of Athens. In this paper I will argue that if we want to understand ecology or environment as cultural concepts, and we look to the law of Classical Greece, or at least Athens, we find that knowing the law is not the direct process of the present day - that is to say, we cannot simply look to written codes to understand the legal practices. Plato in The Laws, points to a comportment toward nature, through the law, which can be based upon objectively-obtained values, without resulting in material scientism. With this in mind, we citizens can determine environmental policy and law, without pretending that it is dictated by earth, air and water. (shrink)

In his essay "Opponents, Audiences, Constituencies, and Community," Edward W. Said throws down a gage to literary theorists and challenges them to break out of disciplinary ghettos, "to reopen the blocked social processes ceding objective representations (hence power) of the world to a small coterie of experts and their clients, to consider that the audience for literacy is not a closed circle of three thousand professional critics but the community of human beings living in society . . . ."' To (...) the literary critic he admonishes: "When you discuss Keats or Shakespeare or Dickens, you may touch on political subjects, of course, but it is assumed that the skills traditionally associated with modern literary criticism . . . are there to be applied to literary texts, not, for instance, to a government document . . . . The intellectual toll this has taken in the work of the most explicitly political of recent critics . . . is very high." Should lawyers not match Said's gage by throwing down one of their own? If literary criticism should be socially engaged, should the social practice of law not be literate? If so, to what end? (shrink)

Much too often, we are guilty of monumentalizing historical persons. As monuments, these people stop being persons, and instead function as placeholders. Monuments can be placeholders for that which is good, or that which is bad. Depending upon one's predictions for such phenomena as "The Enlightenment" and "The Scientific Revolution", one is likely to place either wreaths or garbage at the foot of the monument that is René Descartes. To his credit, Keith Devlin does neither in "Goodbye,Descartes". In the post-war (...) era, trendy circles often find Descartes to be the convenient whipping-boy for all that is wrong with our relationship to the natural world: the subject-object divide, a dispassionate attitude, hyper-rationality, and a context-free world of practices. This use of Descartes ultimately means that no longer does anyone seriously examine his work or closely trace its ramifications. Instead one just evokes his name as the locus of rationality, the side of the Enlightenment, or the turning point from enchantment. (shrink)

"[A]n orderly transfer of responsibility back to Britain, which has exclusively governed Northern Ireland for most of the past three violent decades" is a phrase that ended a recent world news brief in a Pittsburgh newspaper. To the uninitiated, this may look like the same old Ireland; in fact, it may not even look like news. Certainly, it is not quick change [...]. But if we unpack this simple statement, we find that there is much that is new here, and (...) much that is of interest to those who might want to approach things Irish from a legal perspective. Indeed, approaching Ireland from a legal perspective may be precisely what is new. While our research has found much discussion of the social, political and historical aspects of Irish culture, there is not much that would both qualify as legal scholarship and is up-to-date in a situation that experiences significant changes daily. (shrink)

In current legal and political atmospheres, when governments are embracing notions such as pollution prevention and the three ”R’s” – reduce, reuse and recycle, while discarding command and control types of regulatory enforcement, some may be surprised to learn that since 1971 Pennsylvania law has permitted the exemption of corporate assets from capital stock valuation for the purpose of paying capital stock taxes, if the assets are devoted to pollution control or abatement. Straightforward though the idea of tax exemption for (...) pollution control assets may seem, the execution of the statutory exemption, together with the regulation which was promulgated thereunder, yields a wide variety of hermeneutic fruit under the scrutiny of the judiciary and the advocacy of lawyers. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought of (...) as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

The COVID-19 crisis has highlighted the considerable challenge of sourcing expertise and determining which experts to trust. Dissonant information fostered controversy in public discourse and encouraged an appeal to a wide range of social indicators of trustworthiness in order to decide whom to trust. We analyze public discourse on expertise by examining how social indicators inform the reputation of Dr. Didier Raoult, the French microbiologist who rose to international prominence as an early advocate for using hydroxychloroquine to treat COVID-19. To (...) comprehend how these indicators came to inform his reputation, we outline Dr. Raoult's rise to fame based on discourse about hydroxychloroquine. We then discuss why we trust in experts like scientist-practitioners. This is followed by an examination of how social indicators of trust like status, epistemic authority, influence and values have informed Dr. Raoult's reputation. We conclude with recommendations for how to improve the selection and evaluation social indicators of trust and reputations. Our aim here, instead of making a claim about the efficacy of hydroxychloroquine or Dr. Raoult's reputation per se, is to outline through this case study how social indicators of trust inform reputation and the challenge they present to evaluating expertise. (shrink)

Many pantheists have claimed that their view of the divine is motivated by a kind of spiritual experience. In this paper, I articulate a novel argument, inspired by recent work on moral exemplarism, that gives voice to this kind of motivation for pantheism. The argument is based on two claims about the emotion of awe, each of which is defended primarily via critical engagement with empirical research on the emotion. I also illustrate how this pathway to pantheism offers pantheists distinctive (...) resources for responding to persistent objections to their view, and how it might lead to more exotic views incorporating pantheistic elements. (shrink)

A number of philosophers think that grounding is, in some sense, well-founded. This thesis, however, is not always articulated precisely, nor is there a consensus in the literature as to how it should be characterized. In what follows, I consider several principles that one might have in mind when asserting that grounding is well-founded, and I argue that one of these principles, which I call ‘full foundations’, best captures the relevant claim. My argument is by the process of elimination. For (...) each of the inadequate principles, I illustrate its inadequacy by showing either that it excludes cases that should not be ruled out by a well-foundedness axiom for grounding, or that it admits cases that should be ruled out. (shrink)

Some contemporary philosophers suggest that we know just by introspection that folk psychological states exist. However, such an "armchair refutation" of eliminativism seems too easy. I first attack two strategems, inspired by Descartes, on how such a refutation might proceed. However, I concede that the Cartesian intuition that we have direct knowledge of representational states is very powerful. The rest of this paper then offers an error theory of how that intuition might really be mistaken. The idea is that introspection (...) does not detect any folk psychological states, but rather detects neural states that dispose us to certain sorts of linguistic behavior. Briefly, rather than detecting a mental appearance of the state-of-affairs that I am sitting near the fire, introspection detects a state disposing me to assert "It appears to me that I am sitting by the fire." The nature of this linguistic-dispositional state is then given a connectionist underpinning, where inputs from introspection lead to such assertive behavior. The Cartesian certainty we feel in self-ascribing such appearances is also explained. Even though I do not endorse such an error theory outright, I suggest that its tenability is enough to undercut introspection arguments against eliminativism. (shrink)