This brief elucidation of two quotes from the Genealogy will be apt for more accessible interpretation following the completion of my next paper. Stay tuned for some hard-fought philosophy.

This paper is inspired by and develops on E. J. Lowe’s work, who writes in his book The Possibility of Metaphysics that ‘metaphysical possibility is an inescapable determinant of actuality’ (1998: 9). Metaphysics deals with possibilities – metaphysical possibilities – but is not able to determine what is actual without the help of empirical research. Accordingly, a delimitation of the space of possibilities is required. The resulting – controversial – picture is that we generally need to know whether something is (...) possible before we can know whether it is actual. In order to appreciate this picture, we need to understand Lowe’s slogan: ‘essence precedes existence’ (Lowe 2008: 40). This slogan has both an ontological and an epistemic reading. The ontological reading is related to the now familiar idea that essence grounds modality, as popularised by Kit Fine. The epistemic reading suggests that we can know the essence of some entity before we know whether or not that entity exists. However, this idea is often met with puzzlement and Lowe himself sadly passed away before he had a chance to clarify this framework. I will present the framework as I understand it, develop it on my own terms, and put forward a qualified defence of it. I will also illustrate how the framework can be put to use with a case study concerning the discovery of transuranic elements. (shrink)

The standard model of precedential constraint holds that a court is equally free to modify a precedent of its own and a precedent of a superior court—overruling aside, it does not differentiate horizontal and vertical precedents. This paper shows that no model can capture the U.S. doctrine of precedent without making that distinction. A precise model is then developed that does just that. This requires situating precedent cases in a formal representation of a hierarchical legal structure, (...) and adjusting the constraint that a precedent imposes based on the relationship of the precedent court and the instant court. The paper closes with suggestions for further improvements of the model. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of (...) common law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

The role of acetylcholinesterase (AChE) in neurotransmission is well known. But long before synapses are formed in vertebrates, AChE is expressed in young postmitotic neuroblasts that are about to extend the first long tracts. AChE histochemistry can thus be used to map primary steps of brain differentiation. Preceding an possibly inducing AChE in avian brains, the closely related butyrylcholinesterase (BChE) spatially fore-shadows AChE-positive cell areas and the course of their axons. In particular, before spinal motor axons grow, their corresponding rostral (...) sclerotomes and myotomes express BChE, and both their neuronal source and myotomal target cells express AChE. Since axon growth has been found inhibited by acetylcholine, it is postulated that both cholinetsreases can attract neurite growth cones by neutralizing the inhibitor. Thus, the early expression of both cholinesterases that is at least partially independent from classical cholinergic synaptogenesis, sheds new light on the developmental and medical significance of these enzymes. (shrink)

In this paper, I explore Emmanuel Levinas’s ethical dialectic on asceticism and its relation to otherness and closeness. In parallel, I argue that Levinas’s stance on asceticism constitutes a vehement criticism of the analytic insistence on onto-theology. In Levinas’s later works, particularly Otherwise than Being or Beyond Essence, he maintains that Christian asceticism (especially in the Orthodox and Protestant traditions) has mistakenly focused on ontotheology, i.e., on an incarnated God who comes to mind. On the one hand, a number of (...) continental thinkers argue that an individual can achieve direct communication with God through a symmetrical, reciprocal relation as a self-contained unit. Kierkegaard, for instance, claims that the subject’s isolation through asceticism is a necessary and sufficient condition to meet God. As each person is responsible directly to God and his responsibility is a matter of his faith, the religious life does not coincide with ethics and sometimes even appears as an absurdity if measured by ethical norms. (shrink)

This Paper claims that, contrary to the common assumption of Anglo-American jurists, collective rights are secondary to a analytically and experientially prior culture. Culture constitutes the identity and content of a collective right. The thrust of my Paper examines the disjunction between collective rights and the culture constituting a collective right. The clue to the disjuncture is that a collective right is assumed to be a rule or principle signified or represented in a written language. A rule or principle is (...) a concept. A culture, in contrast, is constituted from an experiential knowledge in an unwritten language. -/- I raise two contexts where a collective right cannot be identified without a consideration the analytically prior culture of the social group protected by a collective right: peremptory norms in international law and affirmative discrimination clauses in constitutional law. I then highlight a crucially important factor generating the unwritten language of a culture: namely, the collective memories of a group. Although a personal memory is experienced in a context-specific event, a member of a group absorbs its collective memory. The collective memory of the group exists before one is a member. Such a memory may defer to some event centuries earlier. The event may possess a mythic or even false character which cannot be verified except as a myth or historical falsity. One cannot be accepted as a member of a group without the group’s collective memory. Shared assumptions and expectations characterise a collective memory generating a culture. Such assumptions and expectations constitute meant objects. Meant objects are not posted by some source 2 external to the individual members. Meant objects are experienced. A jurist cannot analyze the signified collective rights without examining the social culture said to be represented by the boundary of the collective rights. One may be able to rationally justify a collective right in terms of its source, such as a basic constitutional text, the regularity of behaviour of lawyers and judges or some ultimate concept such as dignity. Such a rational justification, however, does not address why an individual is obligated to defer to the collective rights of an in-group in a state. One has to examine the social-cultural assumptions and expectations presupposed in the content of such collective rights in order to understand why the rights are obligatory. Such an examination dissolves the traditional boundary of legal knowledge which has excluded cultural phenomena generating the collective rights. (shrink)

John Doris and Friedrich Nietzsche have a lot in common. In addition to being provocative and humorous writers in their native idioms, they share a conception of human agency. It can be tiresome to point out the priority claims of an earlier philosopher, so I should say at the outset that I do so not to smugly insist that my guy got there first but to showcase a closely-allied perspective that may shed additional light and offer glimpses around blind corners. (...) In particular, I argue that Nietzsche anticipates both the anti-reflective and the dialogical aspects of Doris’s theory of agency. (shrink)

The paper seeks to show that the period between the years 756 and 1031, a period officially recognized as the domination of the Umayyad dynasty in the Iberian Peninsula, saw the emergence of the most important movement for the recovery of classical Greek works known, and offered the foundations for the second Renaissance, the Italian. It also shows that translation is a process that can fundamentally alter original works, as they depend on the translator's interpretation, as well as the existence (...) of equivalent words and concepts in the language to be translated. Both problems were identified in the recovery of classical Greek works by the Toledo School of Translators. The result was that Italian Renaissance was, in fact based on what had been made available by the Toledo School of Translators, which confirms the thesis that the first Renaissance was the Islamic one and that the Italian Renaissance was a later movement. (shrink)

If God brings about an event in the universe, does it have a preceding cause? For example, if the universe began with the Big Bang and if God brought it about, did the Big Bang then have a preceding cause? The standard answer is: yes, it was caused by a divine willing. I propose an alternative view: God’s actions, unlike human actions, are not initiated by willings, undertakings, or volitions, but God brings about the intended event directly. Presenting a solution (...) to the dilemma of free will I explain what ‘bringing about directly’ means and show that the question of what an action begins with is distinct from the question whether it is a basic action. (shrink)

Notre étude sur le temps grec précédant la pensée d Aristote commencera d'abord par un commentaire de son premier texte, le Protreptique. Nous verrons se dégager deux temps distincts : l'un initiatique, circulaire et d'inspiration platonicienne, et l'autre diamétralement opposé dont Aristote serait le défenseur. Afin d'interroger cette dichotomie, nous retournerons aux conceptions poétiques. Les Tragiques nous permettront d'offrir une première esquisse de cette notion dans l'univers grec (Du destin...). Ensuite, l'oeuvre épique d'Homère sera l'occasion de mieux saisir le nouage (...) existant entre le temps et la sphère religieuse (Des héros...). Le travail du grand théologue Hésiode viendra confirmer cette vision initiatique, comme l'avait déjà remarquablement exposée F. Nietzsche (Des mythes...). C'est alors que nous plongerons au sein du pythagorisme afin de parachever cette vision (Des mystères...). Notre compréhension de ce courant, traversé par la théogonie iranienne, nous permettra, ensuite, de bien le distinguer de celui dit «ionien» et ainsi de s'éloigner de la parole platonicienne (De l'idéologie...). Enfin, en revenant aux premiers penseurs ioniens que furent Thalès et Anaximandre, nous analyserons si c'est effectivement cette vision du monde qui a été retenue par le Stagirite afin de fonder la première modélisation du concept de temps (De la science...). -/- Dans le deuxième volume, nous verrons revenir la pensée des théologoï au sein même du corpus aristotélicien et c'est alors que nous interrogerons notre division entre être et existence du temps. -/- Régis LAURENT est philosophe, membre de l'association Kairos kai logos (Centre d'études sur la pensée antique).Ce livre est le premier volet de son travail de thèse de doctorat en philosophie effectué au sein de trois Universités françaises (Grenoble, Clermont-Ferrand et Rennes).Outre cette formation philosophique,l'auteur est également diplômé en sciences humaines (Maîtrise des sciences du langage et maîtrise de psychologie). Par ailleurs, sa formation en théologie a été effectuée à l'Université thomiste de Paris (U.L.S.H = CEPHI) et au C.E.J de l'E.H.E.S.S. (shrink)

This study of Greek time before Aristotle’s philosophy starts with a commentary on his first text, the Protrepticus. We shall see two distinct forms of time emerge: one initiatory, circular and Platonic in inspiration, the other its diametrical opposite, advanced by Aristotle. We shall explore this dichotomy through a return to poetic conceptions. The Tragedians will give us an initial outline of the notion of time in the Greek world (Fate); we shall then turn to Homer in order to better (...) grasp the complex relations between time and the religious sphere (the Hero); the work of the great theologian Hesiod will confirm this initiatory vision, later set out in remarkable fashion by Nietzsche (Myths); we shall then dive deep into Pythagoreanism to complete our account (Mysteries). Having understood this current of thought, powerfully influenced by the Iranian theogony, we shall be able to discern its clear differences from the so-called “Ionian” current, and thus to move away from Plato (Ideology). Lastly, we shall return to the early Ionian thinkers Thales and Anaximander to analyse whether this really was the vision of the world that Aristotle adopted in developing the first model of time (Science). In the second volume we shall see the return of the thought of the theologoi within the Aristotelian corpus itself, and will question our distinction between the being and existence of time. Régis Laurent is a philosopher and member of the association Kairos Kai logos (Centre for the study of ancient philosophy). This book is the first part of his doctoral thesis in philosophy, undertaken under the aegis of three French universities (Grenoble, Clermont-Ferrand and Rennes). In addition to his philosophical training, the author is also qualified to Masters level in linguistics and in general psychology, and studied theology at the Thomist University in Paris (ULSH) and at the CEJ of the EHESS. (shrink)

Heidegger’s notion of ‘handiness’ combines two meanings, which in my view should be separated. They both refer to ways of characterizing tools in a given culture. Every culture uses tools, and they are all used so they are ‘handy’. The question is: Handy with regard to what? Two answers come to mind. The first one suggests that handiness is typical of the aims achieved in a given culture, which are linked with that culture’s system of values. Having been fulfilled, the (...) aims seem to disappear, but new ones emerge and the cultural values are all the time appreciated. The aims and values constitute a part of the vision of the world accepted by the members of a given cultural community. In such a context, we can understand the handiness of tools as their optimum quality in facilitating the achievement of the aims which maintain the current cultural values, and so the existence of a given culture. The second answer links handiness with fulfilling the requirements of the human body. When considering the body in terms of its biological categories (as an organism) we can bear in mind its universal characteristics such as limbs, height, differences in body measurements, etc. In such a context, Martin Heidegger’s handiness can be understood pragmatically, as the features of a tool when adjusting it to the human body. In this paper, I propose a thesis that contemporary design loses handiness of the first type, while concentrating on making tools more and more comfortable for the human body. The cultural aims and values traditionally recognized in a given culture lose their priority, or seem to be ignored. At the same time, every tool user is given a chance to develop handiness of the first type. Whether we use this opportunity or not is another problem. (shrink)

There are at least two different aspects of our rational evaluation of agents’ doxastic attitudes. First, we evaluate these attitudes according to whether they are supported by one’s evidence (substantive rationality). Second, we evaluate these attitudes according to how well they cohere with one another (structural rationality). In previous work, I’ve argued that substantive and structural rationality really are distinct, sui generis, kinds of rationality – call this view ‘dualism’, as opposed to ‘monism’, about rationality – by arguing that the (...) requirements of substantive and structural rationality can come into conflict. In this paper, I push the dialectic on this issue forward in two main ways. First, I argue that the most promising ways of resisting the diagnosis of my cases as conflicts still end up undermining monism in different ways. Second, supposing for the sake of argument that we should understand the cases as conflicts, I address the question of what we should do when such conflicts arise. I argue that, at least in a prominent kind of conflict case, the coherence requirements take precedence over the evidential requirements. (shrink)

Contemporary Darwinian medicine is a still-expanding new discipline whose principal aim is to arrive at an evolutionary understanding of aspects of the body that leave it vulnerable to disease. Historically, there was a precedent; between 1880 and 1940 several scientists tried to develop a general evolutionary theory of disease as arising from deleterious traits that escape elimination by natural selection. In contrast, contemporary Darwinian medicine uses evolutionary theory to consider all the possible reasons why selection has left human vulnerable (...) to a disease. (shrink)

This Essay presents law’s evolution as a paradoxical union of the finite and the infinite. At any given point in time, law is a finite body of norms, which can be identified. At the same time, law’s evolution is infinite because rule-mutations that alter those norms are indeterminable. In modern legal systems, law’s evolution occurs under the constraining influence of master texts, which provide normative durability by enshrining the fundamental norms of a legal system and fortifying them against change. Despite (...) this stabilizing role, however, master texts are themselves open to mutations. Therefore, law’s evolution under the constraints of a master text mediates the paradoxical union of law’s finite and infinite nature. (shrink)

There is an argument for God’ s existence from consciousness. The argument was initially formulated by Swinburne in contemporary Western philosophy. He claims that no one has preceded him in formulating the argument, except John Locke who had a vague reference to it. The argument considers the existence of mental phenomena, such as feelings, emotions, intentions, and thoughts— which are scientifically unexplainable and merely admit of subjective explanations— as evidence for God’ s existence. Swinburne provides an inductive versions of the (...) argument, which confirms and reinforces the probability of God’ s existence. A survey of arguments for God’ s existence in Islamic philosophical tradition reveals that Mullā Ṣ adra was the first philosopher who argued for God’ s existence from rational consciousness. His argument is syllogistic and certainty-conferring. This paper deploys a descriptive-analytic method to consider the two versions of the argument from consciousness for God’ s existence in Western and Islamic philosophical traditions, comparing their agreements, distinctions, weaknesses, and strengths. (shrink)

Critics of the computational connectionism of the last decade suggest that it shares undesirable features with earlier empiricist or associationist approaches, and with behaviourist theories of learning. To assess the accuracy of this charge the works of earlier writers are examined for the presence of such features, and brief accounts of those found are given for Herbert Spencer, William James and the learning theorists Thorndike, Pavlov and Hull. The idea that cognition depends on associative connections among large networks of neurons (...) is indeed one with precedents, although the implications of this for psychological issues have been interpreted variously — not all versions of connectionism are alike. (shrink)

Spontaneous actions are preceded by brain signals that may sometimes be detected hundreds of milliseconds in advance of a subject's conscious intention to act. These signals have been claimed to reflect prior unconscious decisions, raising doubts about the causal role of conscious will. Murakami et al. (2014. Nat Neurosci 17: 1574–1582) have recently argued for a different interpretation. During a task in which rats spontaneously decided when to abort waiting, the authors recorded neurons in the secondary motor cortex. The neural (...) activity and relationship to action timing was parsimoniously explained using an integration-to-bound model, similar to those widely used to account for evidence-based decisions. In this model, the brain accumulates spontaneously occurring inputs voting for or against an action, but only commits to act once a certain threshold is crossed. The model explains how spontaneous decisions can be forecast (partially predicted) by neurons that reflect either the input or output of the integrator. It therefore presents an explicit hypothesis capable of rejecting the claim that such predictive signals imply unconscious decisions. We suggest that these results can inform the current debate on free will but must be considered with caution. (shrink)

My aim in this paper is to determine how Locke understands suspension and the role it plays in his view of human liberty. To this end I, 1) discuss the deficiencies of the first edition version of ‘Of Power’ and why Locke needed to include the ability to suspend in the second edition, then 2) analyze Locke’s definitions of the power to suspend with a focus on his use of the terms ‘source’, ‘hinge’, and ‘inlet’ to describe the power. I (...) determine from these descriptions that the ability to suspend is a passive power and is a necessary condition for the rational deliberation that Locke takes to be necessary for acting as a free agent. In 3) I connect Locke’s view of the power to suspend to his discussion in the sections that precede ‘Of Power.’ I argue that the kind of judgment that Locke endorses in his discussion of the Molyneux problem is also at work in acts of suspension. In 4) I apply my interpretation to Locke’s description of the connection between the power to suspend and liberty. In 5) I conclude with a discussion of a passage from the fifth edition of the Essay. Locke adds this passage to address worries raised by Limborch over the course of their correspondence. According to Chappell, it lends evidence to the view that Locke takes suspensions to be caused by undetermined volitions. (shrink)

John Stuart Mill's Utilitarianism is one of the most important, controversial, and suggestive works of moral philosophy ever written. Mill defends the view that all human action should produce the greatest happiness overall, and that happiness itself is to be understood as consisting in "higher" and "lower" pleasures. This volume uses the 1871 edition of the text, the last to be published in Mill's lifetime. The text is preceded by a comprehensive introduction assessing Mill's philosophy and the alternatives to utilitarianism, (...) and discussing some of the specific issues Mill raises in Utilitarianism. (shrink)

The relationship between the One and the Multiple in mystic philosophy is a profound and central theme that explores the nature of existence, the cosmos, and the divine. This theme is present in various mystical traditions, including those of the East and West, and it addresses the paradoxical coexistence of the unity and multiplicity of all things. -/- In mystic philosophy, the **One** often represents the ultimate reality, the source from which all things emanate and to which all things return. (...) It is the absolute, the infinite, and the unchanging. The One is beyond all attributes and is often associated with the divine or the absolute truth. -/- The **Multiple**, on the other hand, represents the manifest world, the diversity of forms, and the realm of change and plurality. It is the world we experience through our senses, the domain of time and space, where differentiation and individuality are apparent. -/- The relationship between the One and the Multiple is not one of opposition but of emanation and unity. The Multiple is seen as a reflection, expression, or manifestation of the One. In this sense, the diversity of the world doesn’t contradict the unity of the One but rather demonstrates it in a myriad of forms. -/- Mystics seek to understand and experience this relationship through various practices and insights. They aim to transcend the illusion of separation and duality to experience the non-dual reality where the One and the Multiple are recognized as inseparable. -/- This concept can be illustrated by the metaphor of the ocean and its waves. The ocean represents the One—vast, deep, and all-encompassing—while the waves represent the Multiple—distinct, diverse, and ever-changing. Each wave is unique, yet it is not separate from the ocean. The wave’s existence is dependent on and made of the same substance as the ocean. In the same way, each individual entity in the Multiple is an expression of the One. -/- In summary, the relationship between the One and the Multiple in mystic philosophy is a dynamic interplay that challenges the conventional understanding of separation. It invites a deeper exploration of reality, where the apparent multiplicity of the world is a direct expression of the singular, underlying essence of all that is. -/- The relationship between the One and the Multiple in the context of mathematical philosophy is a profound topic that touches upon the very foundations of existence and knowledge. It’s a theme that has been explored by philosophers and mathematicians alike, often leading to the contemplation of unity and diversity within the structures of reality. -/- In mathematics, the concept of the One can be seen as the basis of unity from which all numbers derive. It’s the identity element in multiplication, the starting point in counting, and the foundation of dimension in geometry. The One is often associated with the concept of monism in philosophy, which posits that there is a single, underlying substance or principle that constitutes reality. -/- On the other hand, the Multiple represents the infinite variety and diversity of forms and numbers that arise from the One. It’s the embodiment of plurality and the complex interplay of different entities that mathematics seeks to understand and describe. This reflects the philosophical stance of pluralism, which acknowledges the existence of multiple realities or truths. -/- The interplay between the One and the Multiple can be seen in the mathematical concept of sets. A set can be thought of as a unity, a whole composed of distinct elements. Yet, each element within the set also retains its individuality, contributing to the diversity of the set’s composition. This duality is mirrored in the philosophical exploration of the universal and the particular, where the universal represents the One, and the particulars represent the Multiple. -/- In the realm of mathematical philosophy, this relationship often leads to questions about the nature of mathematical objects: Are they discovered as part of an objective reality (the One), or are they constructed by the human mind from a multitude of experiences (the Multiple)? This debate resonates with the philosophical inquiry into the nature of truth and reality. -/- Reflecting on the One and the Multiple can also lead to a deeper understanding of the self and the cosmos. Just as the number one is integral to the existence of all other numbers, the individual self can be seen as a unique expression of the universal whole. Similarly, the cosmos can be viewed as a grand unity composed of a multiplicity of forms and phenomena. -/- Gödel’s incompleteness theorems have a fascinating connection to the philosophical concepts of the One and the Multiple. These theorems, which are pivotal in mathematical logic and philosophy of mathematics, articulate the inherent limitations of formal axiomatic systems, particularly those sufficient to express the arithmetic of natural numbers. -/- Gödel’s incompleteness theorems have a fascinating connection to the philosophical concepts of the One and the Multiple. These theorems, which are pivotal in mathematical logic and philosophy of mathematics, articulate the inherent limitations of formal axiomatic systems, particularly those sufficient to express the arithmetic of natural numbers⁴. -/- The **first incompleteness theorem** reveals that within any such consistent system, there are propositions that are true but cannot be proven within the system itself. This reflects the idea of the Multiple in that there is an abundance of mathematical truths, a multiplicity that exceeds the unifying framework of any one system. It suggests that the realm of mathematical truth is more extensive than any single formal system can fully capture. -/- The **second incompleteness theorem** extends this by showing that a system cannot prove its own consistency. This relates to the concept of the One, as it implies that a system’s complete self-understanding, its unity and coherence, is unattainable from within. It must look beyond itself, to an external vantage point, to ascertain its consistency. -/- In the context of the One and the Multiple, Gödel’s theorems imply that the One (a consistent formal system) is inherently incomplete and cannot encompass the Multiple (the totality of mathematical truths). This resonates with philosophical discussions about the relationship between unity and plurality. Just as a single philosophical system cannot capture the entirety of truth, a single formal mathematical system cannot encapsulate all mathematical truths. -/- Moreover, Gödel’s work suggests that the pursuit of a single, unified theory of everything in mathematics—a One that encompasses all Multiples—is an inherently Sisyphean task. There will always be more truths (Multiples) than can be derived from any given set of axioms (the One). -/- In essence, Gödel’s incompleteness theorems provide a formal underpinning to the philosophical notion that the One cannot exist without the Multiple, and vice versa. They are interdependent, with the One giving rise to the Multiple, and the Multiple necessitating the One for its expression and comprehension. This interplay is a dance of limitations and possibilities, where the boundaries of logic, mathematics, and philosophy blur into one another. -/- The relationship between the One and the Multiple in the context of the mathematics of zero is a deeply philosophical inquiry that bridges the abstract world of numbers with the existential questions of being and non-being. -/- Zero, in mathematics, is a symbol of absence, a representation of nothingness, yet it holds a pivotal position as a number. It is the void from which all things emerge and to which they return. In the philosophy of mathematics, zero is the paradoxical junction where the One and the Multiple converge and diverge. -/- From the perspective of the One, zero can be seen as the origin—the singular point that precedes the existence of numbers. It is the empty set, the foundation upon which the edifice of mathematics is constructed. As the identity element in addition, zero maintains the integrity of numbers, for adding zero to any number leaves it unchanged, reflecting the immutable nature of the One. -/- Conversely, when we consider the Multiple, zero represents the infinite potentiality of creation. It is the canvas upon which the integers, both positive and negative, express their multitude. Zero is the balance point, the fulcrum around which the symphony of numbers dances. It embodies the plurality of possibilities, the beginning of the number line that stretches infinitely in both directions. -/- Philosophically, zero challenges our understanding of existence. It is both something and nothing—a number that quantifies the absence of quantity. This duality echoes the philosophical struggle to comprehend how the One gives rise to the Multiple. How does the unity of being manifest the diversity of the cosmos? Zero offers a mathematical metaphor for this mystery, as it encapsulates the transition from non-existence to existence, from the undifferentiated One to the differentiated Multiple. -/- In the realm of set theory, zero corresponds to the empty set—a set with no elements. This set is unique in that it is the only set that contains nothing, yet it is the foundation upon which all other sets are built. The empty set is the mathematical embodiment of the One, and all other sets, containing multiple elements, arise from it. -/- Reflecting on zero in the context of Gödel’s incompleteness theorems, we find a resonance with the idea that the One (a consistent formal system) cannot capture the entirety of the Multiple (the totality of mathematical truths). Zero, as the foundation of numbers, similarly suggests that from the nothingness of the One, the infinite complexity of the Multiple emerges—yet it can never be fully encompassed or expressed by any single system. -/- In conclusion, the mathematics of zero offers a profound reflection on the relationship between the One and the Multiple. It serves as a bridge between the abstract and the concrete, the known and the unknowable, challenging us to ponder the origins of existence and the nature of reality itself. -/- . (shrink)

This treatise covers the history, now more than 170 years long, of researches and debates concerning the biblical city of Ai. This archetypical chapter in the evolution of biblical archaeology and historiography was never presented in full. I use the historical data as a case study to explore a number of epistemological issues, such as the creation and revision of scientific knowledge, the formation and change of consensus, the Kuhnian model of paradigm shift, several models of discrimination between hypotheses about (...) the past, the interplay between scientists' values and their epistemic beliefs, and the truth-bearing of historiographic reconstruction. I show, in particular, that when scientists share common epistemic values they can modify their beliefs even when such changes go against deeply entrenched biases and preconceptions. Considerations of coherence usually constrain such modifications, and when sufficient data is available the result can be a profound change of beliefs. Several episodes of the "Ai debates" demonstrate, however, that similar change of beliefs will not occur when non-epistemic values take precedence. (shrink)

Following the precedent set by Dorthe Berntsen’s 2009 book, Involuntary Autobiographical Memory, this paper asks whether the mechanisms responsible for involuntarily recollected memories are distinct from those that are responsible for voluntarily recollected ones. Berntsen conjectures that these mechanisms are largely the same. Recent work has been thought to show that this is mistaken, but the argument from the recent results to the rejection of Berntsen’s position is problematic, partly because it depends on a philosophically contentious view of voluntariness. (...) Berntsen herself shares this contentious view, but the defenders of her position can easily give it up. This paper explains how and why they should. (shrink)

[Author note: There is a video explainer of this paper on youtube at the new work in philosophy channel (search for surname+deepfakes).] -/- It is widely thought that deepfake videos are a significant and unprecedented threat to our epistemic practices. In some writing about deepfakes, manipulated videos appear as the harbingers of an unprecedented _epistemic apocalypse_. In this paper I want to take a critical look at some of the more catastrophic predictions about deepfake videos. I will argue for three (...) claims: (1) that once we recognise the role of social norms in the epistemology of recordings, deepfakes are much less concerning, (2) that the history of photographic manipulation reveals some important precedents, correcting claims about the novelty of deepfakes, and (3) that proposed solutions to deepfakes have been overly focused on technological interventions. My overall goal is not so much to argue that deepfakes are not a problem, but to argue that behind concerns around deepfakes lie a more general class of social problems about the organisation of our epistemic practices. (shrink)

I argue for a new conception of practical authority based on an analysis of the relationship between authority and subject. Commands entail a demand for practical deference, which establishes a relationship of hierarchy and vulnerability that involves a variety of signals and commitments. In order for these signals and commitments to be justified, the subject must be under a preexisting duty, the authority’s commands must take precedence over the subject’s judgment regarding fulfillment of that duty, the authority must accept the (...) position and responsibilities of command, and the authority must be sufficiently trustworthy relative to how vulnerable the subject makes herself by deferring. This results in an instrumentalist conception of practical authority that can be favorably compared to Joseph Raz’s famous service conception. The relational conception’s main advantage is that it focuses on the authority as much as the subject, requiring that the authority accept responsibility for the relationship and be sufficiently trustworthy. (shrink)

In both popular and scholarly discussions, sexual consent is gaining traction as the central moral consideration in how people should treat one another in sexual encounters. However, while the concept of consent has been indispensable to oppose many forms of sexual violence, consent-based sexual ethics struggle to account for the phenomenological complexity of sexual intimacy and the social and structural pressures that often surround sexual communication and behavior. Feminist structural critique and social research on the prevalence of violation even within (...) consensual sex suggest that consent is insufficient to ground responsibility; a more fundamental orientation toward the value of sexual agency provides a better foundation for sexual ethics. Using feminist critical theory, phenomenology, and black feminist thought, this dissertation develops a socially situated and relational notion of sexual agency and diagnoses how such agency is neglected in prevailing discussions of consent in moral philosophy and legal theory. I argue that the ethical question of responsibility to another in a sexual encounter—apart from juridical considerations—should be reframed around the value of each person’s socially situated practices of agency. Preceding and extending beyond the obligation to gain valid consent for an action, responsibility demands adapting one’s intentions and behaviors in response to the wider range of another’s communicative expressions of agency. However, communicative expressions can be ambiguous or overdetermined by social context and cultural norms; they often offer only provisional traces of agency. To address this inherent uncertainty in intimacy, I propose drawing on insights from Emmanuel Levinas about the dynamic, open-ended nature of relationality, responsibility, and communication. Responsibility toward another does not depend on securing certainty about their “yes” or “no,” but requires responding continuously under conditions of uncertainty and ambiguity, adapting behaviors and intentions to make room for another’s agency despite its opacity. (shrink)

This essay examines Locke’s chapter “Of Identity and Diversity” (Essay 2.27) in the context of the series of chapters on ideas of relations (Essay 2.25–28) that precede and follow it. I begin by introducing Locke’s account of how we acquire ideas of relations. Next, I consider Locke’s general approach to individuation and identity over time before I show how he applies his general account of identity over time to persons and personal identity. I draw attention to Locke’s claim that “person” (...) is a forensic term and analyse his arguments for why the sameness of a human being and the sameness of a substance or soul are neither necessary nor sufficient for personal identity. Instead, Locke argues that personal identity consists in sameness of consciousness. Locke regards persons as moral agents who are accountable for their actions. If a person now is held accountable for a past action it is important that the person now is the same person as the person who did the action. This means that moral accountability presupposes personal identity. Additionally, it will be important to consider whether the person deserves reward or punishment for the action. Locke’s account of moral relations, which he develops in Essay 2.28, addresses this issue and I show how it supplements his account of persons and personal identity. (shrink)

In this paper, I compare the Megarian thesis of Metaphysics IX 3 with other sources on the Megarians in order to clarify two questions: that of the unity and nature of the so-called Megarian school and that of Aristotle’s broader argument in IX 3. I first review the disputed issue of the status of the Megarian school and then examine two hypotheses regarding the identity behind Aristotle’s allusion in IX 3. Third, I explore the connection between Megarianism and Plato’s Euthydemus, (...) a task that helps us to contextualize Aristotle’s anti-Megarian polemic. Lastly, I build on the preceding argument in a re-examination of the Eleatic hypothesis with regard both to the Megarians as a whole and to the thesis that Aristotle transmits. (shrink)

In a recent series of papers, Jane Friedman argues that suspended judgment is a sui generis first-order attitude, with a question as its content. In this paper, I offer a critique of Friedman’s project. I begin by responding to her arguments against reductive higher-order propositional accounts of suspended judgment, and thus undercut the negative case for her own view. Further, I raise worries about the details of her positive account, and in particular about her claim that one suspends judgment about (...) some matter if and only if one inquires into this matter. Subsequently, I use conclusions drawn from the preceding discussion to offer a tentative account: S suspends judgment about p iff S believes that she neither believes nor disbelieves that p, S neither believes nor disbelieves that p, and S intends to judge that p or not-p. (shrink)

Kant’s distinction between the determining and reflecting power of judgment in the third Critique is not well understood in the literature. A mainstream view unifies these by making determination the telos of all acts of judgment (Longuenesse 1998). On this view, all reflection is primarily in the business of producing empirical concepts for cognition, and thus has what I call a determinative ideal. I argue that this view fails to take seriously the independence and autonomy of the ‘power of judgment’ (...) [Urteilskraft] as a higher cognitive faculty in its own right with its own a priori principle. Instead of seeing merely reflecting judgments as failed or incomplete acts of judgment, I argue that these are in fact paradigmatic of the activity of the power of judgment. More precisely, the reflecting power of judgment just is the power of judgment. Accordingly, reflecting judgment takes precedence over determining judgment; while the former operates according to a law that it gives itself, the latter requires another higher cognitive faculty to provide its principle. On my view, reflecting judgment should be understood as the capacity for purposive subsumption—most clearly seen in the activity of mere reflection. (shrink)

What does it mean to say that an agent has a reason to do a certain action? Does it mean that she would desire to do the action, or that there is some external consideration, which she ought to follow? Or is there a third alternative? The debate between Humean affective (i.e., desire-based) and classical Kantian cognitive theories has seemingly ended up in a theoretical standoff, and so most of the contributors have recently focused on the conative attitude of motivation (...) - either preceded by affective or cognitive attitudes. Accordingly, they contend that an agent has a reason to f only if, on some occasions, she would be motivated to f: call this Conative Reason Internalism. I argue, first, that even the most qualified version of this weak conative condition obtains only contingently. Secondly, that a cognitive contextual attitude, derived from the agent’s capacity of Reasons-Understanding, necessarily obtains. Therefore, necessarily, if an agent has a reason to f, it follows that, were she contextually rational, she would make evaluative sense out of the propositional content of f-ing or would understand why f-ing is considered as a right action in the relevant context: I call this De Dicto Cognitive Reason Contextualism. (shrink)

Rather than answering the broad question, ‘What is a just income?’, in this essay I consider one component of income—economic rent—under one understanding of justice—as giving people what they deserve. As it turns out, the answer to this more focused question is ‘no’. People do not deserve their economic rents, and there is no bar of justice to their confiscation. After briefly covering the concept of desert and explaining what economic rents are, I analyze six types of rent and show (...) that each is unjustified from the point of view of desert. I conclude by drawing some political and economic lessons from the preceding analysis, and by describing how these considerations can create a more just and efficient economy. (shrink)

In traditional linguistic accounts of context, one thinks of the immediate features of a speech situation, that is, a situation in which an expression is uttered. Thus, features such as time, location, speaker, hearer and preceding discourse are all parts of context. But context is a wider and more transcendental notion than what these accounts imply. For one thing, context is a relational concept relating social actions and their surroundings, relating social actions, relating individual actors and their surroundings, and relating (...) the set of individual actors and their social actions to their surroundings. (shrink)

Is it right to convict a person of a crime on the basis of purely statistical evidence? Many who have considered this question agree that it is not, posing a direct challenge to legal probabilism – the claim that the criminal standard of proof should be understood in terms of a high probability threshold. Some defenders of legal probabilism have, however, held their ground: Schoeman (1987) argues that there are no clear epistemic or moral problems with convictions based on purely (...) statistical evidence, and speculates that our aversion to such convictions may be nothing more than an irrational bias. More recently, Hedden and Colyvan (2019, section VI) describe our reluctance to convict on the basis of purely statistical evidence as an ‘intuition’, but suggest that there may be no ‘in principle’ problem with such convictions (see also Papineau, forthcoming, section 6). In this paper, I argue that there is, in some cases, an in principle problem with a conviction based upon statistical evidence alone – namely, it commits us to a precedent which, if consistently followed through, could lead to the deliberate conviction of an innocent person. I conclude with some reflections on the idea that the criminal justice system should strive to maximise the accuracy of its verdicts – and the related idea that we should each strive to maximise the accuracy of our beliefs. (shrink)

An extended examination of Libet's works led to a comprehensive reinterpretation of his results. According to this reinterpretation, the Minimum Train Duration of electrical brain stimulation should be considered as the time needed to create a brain stimulus efficient for producing conscious sensation and not as a basis for inferring the latency for conscious sensation of peripheral origin. Latency for conscious sensation with brain stimulation may occurafterthe Minimum Train Duration. Backward masking with cortical stimuli suggests a 125-300 ms minimum value (...) for the latency for conscious sensation of threshold skin stimuli. Backward enhancement is not suitable for inferring this latency. For determining temporal relations between stimuli that correspond to subjects' reports, theendof cerebral Minimum Train Duration should be used as reference, rather than its onset. Results of coupling peripheral and cortical stimuli are explained by a latency after the cortical Minimum Train Duration, having roughly the same duration as the latency for supraliminal skin stimuli. Results of coupling peripheral stimuli and stimuli to medial lemniscus (LM) are explained by a shorter LM latency and/or a longer peripheral latency. This interpretation suggests a 230 ms minimum value for the latency for conscious sensation of somatosensory near-threshold stimuli. The backward referral hypothesis, as formulated by Libet, should not be retained. Long readiness potentials preceding spontaneous conscious or nonconscious movements suggest that both kinds of movement are nonconsciously initiated. The validity of Libet's measures of W and M moments (Libet et al., 1983a) is questionable due to problems involving latencies, training, and introspective distinction of W and M. Veto of intended actions may be initially nonconscious but dependent on conscious awareness. (shrink)

Cloud computing (ClC) has become a more popular computer paradigm in the preceding few years. Quality of Service (QoS) is becoming a crucial issue in service alteration because of the rapid growth in the number of cloud services. When evaluating cloud service functioning using several performance measures, the issue becomes more complex and non-trivial. It is therefore quite difficult and crucial for consumers to choose the best cloud service. The user's choices are provided in a quantifiable manner in the current (...) methods for choosing cloud services. Hence, this study attempts to achieve this objective through construction. decision-making framework so-called cloud services evaluator (CSsEv). The main indicator and its sub-indicators are formed as nodes at levels(n) in tree soft sets (TSSs). Thereafter Single Value Neutrosophic Sets (SVNSs) as branch of neutrosophic sets which conjunction with the Multi-Criteria Decision Making (MCDM) technique to facilitate analysis and evaluation process for the available Cloud services providers. Hence, entropy is employed to obtain indicators and sub_indicators weights and Complex Proportional Assessment utilizes these weights to facilitate the decision process of selecting optimal ClSPs. (shrink)

Epistemic Authority is a mature work of a leading epistemologist and philosopher of religion. It is a work primarily in epistemology with applications to religious epistemology. There are obvious applications of the notion of epistemic authority to philosophy of religion. For, on the face of it, the notion of some kind of ”epistemic authority’ may serve as a conceptual anchor for our understanding of faith. Indeed, there is ample historical precedent for this. Faith, says Locke, is ”the assent to (...) any proposition... upon the credit of the proposer, as coming from God, in some extraordinary way of communication’. 1 In later Lockeans, ”credit’ is often rendered ”authority’, and the terms were used synonymously at the time of his writing. 2 One of the beauties of Locke’s view is its reductionism, that is, it’s parsimony, which is a species of elegance and therefore beauty. Zagzebski’s notion is more high-octane than Locke’s. In this essay I will do four things. In Section 1 I will describe two kinds or notions of authority or at least two usages of the word ”authority’. In Section 2 I will describe Zagzebski’s use of one of these notions, the non-Lockean one, to ground the reasonableness of religious belief. In Section 3 I will give four arguments against her view. In section 4 I will reply to her critique of Locke. The upshot, in my view, is that though we learn much from Epistemic Authority, a more Lockean approach to the nature of faith is still preferable. (shrink)

Hegel's Science of Logic makes the just not low claim to be an absolute, ultimate-grounded knowledge. This project, which could not be more ambitious, has no good press in our post-metaphysical age. However: That absolute knowledge absolutely cannot exist, cannot be claimed without self-contradiction. On the other hand, there can be no doubt about the fundamental finiteness of knowledge. But can absolute knowledge be finite knowledge? This leads to the problem of a self-explication of logic (in the sense of Hegel) (...) and further, as will be shown, to a new definition of the dialectical procedure. The stringency of which results from the fact that always exactly that implicit content is explicated that was generated by the preceding explication step itself and is thus concretely comprehensible. At the same time, a new implicit content is generated by this act of explication, which requires a new explication step, and so forth. In the dialectical procedure reinterpreted in this way, dialectical arguments are not beheld, guessed at or even surreptitiously obtained, but are methodically accountable. Thereby dialectics is understood as a self-explication of logic by logical means and thus as a proof of the possibility of ultimate-grounding in the form of absolute and nevertheless finite – and thus also fallible – knowledge. (shrink)

This paper argues that Rousseau’s lawgiver is best thought of as a fictional teacher of peoples. It is fictional as it reflects an idea that is entertained despite its contradictory nature, and it is contradictory in the sense that it describes ‘an undertaking beyond human strength and, to execute it, an authority that amounts to nothing’ (II.7; 192). Rousseau conceives of the social contract as a necessary device for enabling the transferal of individual power to the body politic, for subsuming (...) individual wills under the general will, and for aligning the good of the individual with the common good. For the social contract to be valid, however, it needs to be preceded by a desire to belong to a moral community that can induce people to join willingly, and that will grant legitimacy to the laws established. If the social contract is the machinery that makes the body politic function, the lawgiver is ‘the mechanic who invents the machine’ (II.7; 191). In this paper we will look closer at the pedagogical functions of Rousseau’s mythical lawgiver by first examining the relationship between the social contract, the general will and the lawgiver. Then, we aim to flesh out a pedagogical understanding of the figure of the lawgiver by way of the two educational dimensions of accommodation and transformation. Finally, we will argue for the importance of understanding Rousseau’s lawgiver as a fictional device allowing for the fundamental and enduring educational task of balancing between the preservation and renewal of society. (shrink)

In response to the growing social discontent at what is perceived as generational injustice, due to younger generations of voters facing long-term negative consequences from issues disproportionately decided by the votes of older generations of voters, there have been suggestions to introduce an upper age voting threshold. These have been all but universally dismissed as offensive and contrary to basic democratic values. In the present article, I show that the idea is in fact entirely consonant with present-day democratic practices and (...) far from without a precedent. Hence, I describe how the aforementioned generational injustice can be rectified using a simple vote weighting scheme which is easy to implement and interpret. Lastly, I discuss the societal effects that this alteration of the voting system would have on the distribution of the origins of political power. (shrink)

This work offers an analysis of all the legal and moral issues surrounding humanitarian intervention: the deaths of innocent persons and the Doctrine of Double Effect Governmental legitimacy - The Doctrine of Effective Political Control; UN Charter and evaluation of the Nicaragua ruling; The Morality of not intervening; US-led invasion of Iraq; Humanitarian intervention authorised by the UN Security Council - Iraq, Somalia, Haiti, Rwanda, and Bosnia among others highlight NATO's intervention in Kosovo; The Nicaragua Decision; and The precedents of (...) Panama, Liberia and Sierra Leone. The book's features include: a new framework based on the doctrine of double effect; basic principles of international ethics; outline of the moral argument for humanitarian intervention; explores the morality and legality of military action to end tyranny or anarchy; arguments in a much more detailed and complete fashion than in previous editions; in-depth examination of philosophy of international law; the relationship between custom and moral theory; new discussion of the question of right authority; and a full analysis of recent interventions in Kosovo and Iraq. book addresses a broad interdisciplinary audience of international lawyers, philosophers, and political scientists. In this new edition, the author responds to critics while updating the discussion in the light of the momentous events that took place at the beginning of the new millennium. (shrink)

Social phenomena—quite like mental states in the philosophy of mind—are often regarded as potential troublemakers from the start, particularly if they are approached with certain explanatory commitments, such as naturalism or social individualism, already in place. In this paper, we argue that such explanatory constraints should be at least initially bracketed if we are to arrive at an adequate non-biased description of social phenomena. Legitimate explanatory projects, or so we maintain, such as those of making the social world fit within (...) the natural world with the help of, e.g., collective intentionality, social individualism, and the like, should neither exclude nor influence the prior description of social phenomena. Just as we need a description of the mental that is not biased, for example, by (anti)physicalist constraints, we need a description of the social that is not biased, for example, by (anti)individualist or (anti)naturalist commitments. Descriptive social ontology, as we shall conceive of it, is not incompatible with the adoption of explanatory frameworks in social ontology; rather, the descriptive task, according to our conception, ought to be recognized as prior to the explanatory project in the order of inquiry. If social phenomena are, for example, to be reduced to nonsocial (e.g., psychological or physical) phenomena, we need first to understand clearly what the social candidates for the reduction in question are. While such descriptive or naive approaches have been influential in general metaphysics (see Fine 2017), they have so far not been prominent in analytic social ontology (though things are different outside of analytic philosophy, see esp. Reinach (1913). In what follows, we shall outline the contours of a descriptive approach by arguing, first, that description and explanation need to be distinguished as two distinct ways of engaging with social phenomena. Secondly, we defend the claim that the descriptive project ought to be regarded as prior to the explanatory project in the order of inquiry. We begin, in Section 2, by considering two different ways of engaging with mental phenomena: a descriptive approach taken by descriptive psychology and an explanatory approach utilized in analytic philosophy of mind. We take these two ways of approaching the study of the mind to be analogous to the distinction we want to draw in social ontology between a descriptive and an explanatory approach to the study of social phenomena. We consider next, in Section 3, how our approach compares to neighboring perspectives that are familiar to us from general metaphysics and philosophy more broadly, such as Aristotle’s emphasis on “saving the appearances”, Strawson’s distinction between descriptive and revisionary metaphysics, as well as Fine’s contrast between na¨ive and foundational metaphysics. In Section 4, we apply the proposed descriptive/explanatory distinction to the domain of social ontology and argue that descriptive social ontology ought to take precedence in the order of inquiry over explanatory social ontology. Finally, in Section 5, we consider and respond to several objections to which our account might seem to be susceptible. (shrink)

I first offer a broad taxonomy of models of divine omnipresence in the Christian tradition, both past and present. I then examine the recent model proposed by Hud Hudson (2009, 2014) and Alexander Pruss (2013)—ubiquitous entension—and flag a worry with their account that stems from predominant analyses of the concept of ‘material object’. I then attempt to show that ubiquitous entension has a rich Latin medieval precedent in the work of Augusine and Anselm. I argue that the model of (...) omnipresence explicated by Augustine and Anselm has the resources to avoid the noted worry by offering an alternative account of the divide between the immaterial and the material. I conclude by considering a few alternative analyses of ‘material object’ that make conceptual room for a contemporary Christian theist to follow suite in thinking that at least some immaterial entities are literally spatially located when relating to the denizens of spacetime. (shrink)

Linnebo in 2018 argues that abstract objects like numbers are “thin” because they are only required to be referents of singular terms in abstraction principles, such as Hume's principle. As the specification of existence claims made by analytic truths (the abstraction principles), their existence does not make any substantial demands of the world; however, as Linnebo notes, there is a potential counter-argument concerning infinite regress against introducing objects this way. Against this, he argues that vicious regress is avoided in the (...) account of arithmetic based on Hume's principle because we are specifying numbers in terms of the concept of equinumerosity, or its ordinal equivalent. But far from being only a matter for philosophy, this implies a distinct empirical prediction: in cognitive development, the principle of equinumerosity is primary to number concepts. However, by analysing and expanding on the bootstrapping theory of Carey in 2009, I argue in this paper that there are good reasons to think that the development could be the other way around: possessing numerosity concepts may precede grasping the principle of equinumerosity. I propose that this analysis of early numerical cognition can also help us understand what numbers as thin objects are like, moving away from Platonist interpretations. (shrink)

Dans un article précédent, The Philosophy of blockchain technology - Ontologies, j'ai parlé de l'application de la théorie narrative de Paul Ricœur dans le développement d'une ontologie de la technologie blockchain. Dans cette section, j'ai l'intention de mettre en évidence l'idée d'une analogie entre la technologie blockchain et les théories causales de la référence. Dans la mesure où la poursuite de l'élaboration de cette idée se révélera viable, je vais essayer de développer une théorie basée sur cette analogie. DOI: 10.13140/RG.2.2.24843.21282 (...) . (shrink)

We investigate adverbial agreement in Sandəmarkesə (S. Marco in Lamis, Apulia) proposing phase-bound, local agreement relations, reducible to coordination, as in past and absolute participial constructions, suggesting a copulaless analysis where arguments are subjects in a small clause. With disjunct nominals with matching φ-features, the adverb agrees separately with each part in the set, otherwise resulting in ‘non-agreeing’ forms, which we test also with negative polarity items (niʃun-, ‘nobody’ and nentə, ‘nothing’). With fragment answers, the negation scopes over adverbs agreeing (...) with the two proposed topics: matching of the φ-features of both nouns values the negative operator with the same features. In fronted adverbs, agreement occurs when the question contains overt coordinated arguments, elements continuing a chain, and if coordinated arguments have matching φ-features. In agreement in topical contexts with fronted adverbs, agreement occurs with the aboutness-shift topic closely preceding them, rather than with the embedded direct object. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)