Professeur Finkelstein avait posée la question, pourquoi, bien que leurs réalisations scientifiques et leur scientifique approche soient similaires, Bernard était beaucoup plus connu dans son pays, France, et à son époque, que Bois-Reymond en Allemagne? Une question similaire a été posée au sujet du pourquoi Darwin est connu pour la théorie de l'évolution, tandis que Wallace a été remis en arrière-fond dans leur temps et dans l'histoire. Selon Finkelstein, la cause de la differences entre Bois-Reymond et Bernard, peut (...) être trouvée dans la culture et la place de la science dans l'œil public en France contre les memes choses en Allemagne. C'est-à-dire, la rhétorique de la science a été plus respectée en France qu'en Allemagne, ce que Finkelstein a soutenu avec persuasion et éloquence. (shrink)

Emil du Bois-Reymond (1818-1896) complicates the historiography of the reception of Darwinism. His presentation of the theory was anti-teleological, a fact that refutes the claim that German Darwinists were Romantic.

Ernst Haeckel and Emil du Bois-Reymond were the most prominent champions of Darwin in Germany. This essay compares their contributions to popularizing the theory of evolution, drawing special attention to the neglected figure of du Bois-Reymond as a spokesman for a world devoid of natural purpose. It suggests that the historiography of the German reception of Darwin’s theory needs to be reassessed in the light of du Bois-Reymond’s Lucretian outlook.

This essay recounts a controversy between a pioneer electrophysiologist, Emil du Bois-Reymond (1818–1896), and his student, Ludimar Hermann (1838–1914). Du Bois-Reymond proposed a molecular explanation for the slight electrical currents that he detected in frog muscles and nerves. Hermann argued that du Bois-Reymond's ‘resting currents’ were an artifact of injury to living tissue. He contested du Bois-Reymond's molecular model, explaining his teacher's observations as electricity produced by chemical decomposition. History has painted Hermann as the wronged party in this dispute. I (...) seek to set the record straight. (shrink)

This essay considers a long-standing controversy between two nineteenth century pioneers in electrophysiology: the German scientist Emil du Bois-Reymond (1818-1896), and his Italian rival Carlo Matteucci (1811-1868). Historians have generally described their disagreement in du Bois-Reymond’s terms: the product of a contrast in scientific outlook. While not discounting this interpretation, I want to suggest that the controversy was driven as much by the rivals’ similarity as it was by their difference.

Summary of the major innovations of Emil du Bois-Reymond (1818-1896).

A talk delivered at the conference “Science and Religion: The Religious Beliefs and Practices of Scientists—20th Century,” Institut für Wissenschaftsgeschichte, Georg-August-Universität, Göttingen, 28 May 2002.

The German pioneer of electrophysiology, Emil du Bois-Reymond (1818–1896), is generally assumed to have remained silent on the subject of the brain. However, the archive of his papers in Berlin contains manuscript notes to a lecture on “The Seat of the Soul” that he delivered to popular audiences in 1884 and 1885. These notes demonstrate that cerebral localization and brain function in general had been concerns of his for quite some time, and that he did not shy away from these (...) subjects. (shrink)

Triumphalist histories of science are nothing new but were, in fact, a staple of the 19th century. This article considers one of the more famous works in the genre and argues that it was motivated by doubt more than by faith.

Backstory of "The Man Who Would Be King." A meditation on the limits of scientific and historical representation.

A ‘late developer’ argument, common to Psychology and Economic History, can be used to explain cultural innovation. It argues that the 19th century theory of natural selection arose in England and not Germany because of – and not in spite of – England’s scientific backwardness. Measured in terms of institutions, communities, and ideas, the relative retardation of English science was precisely what enabled it to adopt German advances in novel ways.

Why race persists as an idea despite its scientific inutility.

European Journal of Philosophy, Volume 29, Issue 1, Page 256-259, March 2021.

What is it for a picture to depict a scene? The most orthodox philosophical theory of pictorial representation holds that depiction is grounded in resemblance. A picture represents a scene in virtue of being similar to that scene in certain ways. This essay presents evidence against this claim: curvilinear perspective is one common style of depiction in which successful pictorial representation depends as much on a picture's systematic differences with the scene depicted as on the similarities; it cannot be analyzed (...) in terms of similarity alone. The same problem arises for many other kinds of depiction. The essay concludes that depiction in general is not grounded in resemblance but geometrical transformation. (shrink)

In this paper, I distinguish three general approaches to public trust in science, which I call the individual approach, the semi-social approach, and the social approach, and critically examine their proposed solutions to what I call the problem of harmful distrust. I argue that, despite their differences, the individual and the semi-social approaches see the solution to the problem of harmful distrust as consisting primarily in trying to persuade individual citizens to trust science and that both approaches face two general (...) problems, which I call the problem of overidealizing science and the problem of overburdening citizens. I then argue that in order to avoid these problems we need to embrace a (thoroughly) social approach to public trust in science, which emphasizes the social dimensions of the reception, transmission, and uptake of scientific knowledge in society and the ways in which social forces influence both positively and negatively the trustworthiness of science. (shrink)

My two daughters would love to go tobogganing down the hill by themselves, but they are just toddlers and I am an apprehensive parent, so, before letting them do so, I want to ensure that the toboggan won’t go too fast. But how fast will it go? One way to try to answer this question would be to tackle the problem head on. Since my daughters and their toboggan are initially at rest, according to classical mechanics, their final velocity will (...) be determined by the forces they will be subjected to between the moment the toboggan will be released at the top of the hill and the moment it will reach its highest speed. The problem is that, throughout their downhill journey, my daughters and the toboggan will be subjected to an incredibly large number of forces—from the gravitational pull of any massive object in the universe to the weight of the snowflake that is sitting on the tip of one of my youngest daughter’s hairs—so that any attempt to apply the theory directly to the real-world system in all its complexity seems to be doomed to failure. (shrink)

It is common to distinguish two great families of representation. Symbolic representations include logical and mathematical symbols, words, and complex linguistic expressions. Iconic representations include dials, diagrams, maps, pictures, 3-dimensional models, and depictive gestures. This essay describes and motivates a new way of distinguishing iconic from symbolic representation. It locates the difference not in the signs themselves, nor in the contents they express, but in the semantic rules by which signs are associated with contents. The two kinds of rule have (...) divergent forms, occupying opposite poles on a spectrum of naturalness. Symbolic rules are composed entirely of primitive juxtapositions of sign types with contents, while iconic rules determine contents entirely by uniform natural relations with sign types. This distinction is marked explicitly in the formal semantics of familiar sign systems, both for atomic first-order representations, like words, pixel colors, and dials, and for complex second-order representations, like sentences, diagrams, and pictures. (shrink)

Ground offers the hope of vindicating and illuminating an classic philosophical idea: the layered conception, according to which reality is structured by relations of dependence, with physical phenomena on the bottom, upon which chemistry, then biology, and psychology reside. However, ground can only make good on this promise if it is appropriately formally behaved. The paradigm of good formal behavior can be found in the currently dominant grounding orthodoxy, which holds that ground is transitive, antisymmetric, irreflexive, and foundational. However, heretics (...) have recently challenged the orthodoxy. In this paper, I examine ground’s ability to vindicate the layered conception upon various relaxations of the orthodox assumptions. I argue that highly unorthodox views of ground can still vindicate the layered conception and that, in some ways, the heretical views enable ground to better serve as a guide to reality’s layering than do orthodox views of ground. (shrink)

Public reason liberalism is defined by the idea that laws and policies should be justifiable to each person who is subject to them. But what does it mean for reasons to be public or, in other words, suitable for this process of justification? In response to this question, Kevin Vallier has recently developed the traditional distinction between consensus and convergence public reason into a classification distinguishing three main approaches: shareability, accessibility and intelligibility. The goal of this paper is to defend (...) the accessibility approach by demonstrating its ability to strike an appealing middle course in terms of inclusivity between shareability and intelligibility. We first argue against Vallier that accessibility can exclude religious reasons from public justification. Second, we use scientific reasons as a case study to show that accessibility excludes considerably fewer reasons than shareability. Throughout the paper, we connect our discussion of accessibility to John Rawls’s model of public reason, so as to give substance to the accessibility approach and to further our understanding of Rawls’s influential model. (shrink)

This paper explores the socio-epistemic practice of shopping for experts. I argue that expert shopping is particularly likely to occur on what Thi Nguyen calls cognitive islands. To support my argument, I focus on macroeconomics. First, I make a prima-facie case for thinking that macroeconomics is a cognitive island. Then, I argue that ordinary people are particularly likely to engage in expert shopping when it comes to macroeconomic matters. In particular, I distinguish between two kinds of expert shopping, which I (...) call cynical and wishful, and introduce the notion of assisted expert shopping, which occurs when people or organizations shop for experts on behalf of other people. I argue that assisted expert shopping can sometime result in what I call a propagandistic use of expertise. Finally, I critically examine some possible reasons for optimism and find them wanting. I conclude by suggesting that that much of what I said about shopping for macroeconomic experts might also apply mutatis mutandis to other policy-relevant domains of expertise. (shrink)

I develop an interpretation of Maurice Merleau-Ponty's concept of motor intentionality, one that emerges out of a reading of his presentation of a now classic case study in neuropathology—patient Johann Schneider—in Phenomenology of Perception. I begin with Merleau-Ponty's prescriptions for how we should use the pathological as a guide to the normal, a method I call triangulation. I then turn to his presentation of Schneider's unusual case. I argue that we should treat all of Schneider's behaviors as pathological, not only (...) his abstract movements, as is commonly acknowledged in the secondary literature, but also crucially his concrete movements. Using these facts of Schneider's illness, I reconstruct a ‘fundamental function’ of consciousness, as Merleau-Ponty called it, in which there are two kinds of bodily agency: the power of the body to be solicited by a situation and the power of the body to project a situation. I propose that these powers became dissociated in Schneider's case, as evidenced by his abstract and concrete movements, while in the normal case, these powers comprise a dynamic unity, enacted as motor intentionality. I also discuss how my interpretation complements Merleau-Ponty's assertion that motor intentions exist between mind and matter. (shrink)

A semantics of pictorial representation should provide an account of how pictorial signs are associated with the contents they express. Unlike the familiar semantics of spoken languages, this problem has a distinctively spatial cast for depiction. Pictures themselves are two-dimensional artifacts, and their contents take the form of pictorial spaces, perspectival arrangements of objects and properties in three dimensions. A basic challenge is to explain how pictures are associated with the particular pictorial spaces they express. Inspiration here comes from recent (...) proposals that analyze depiction in terms of geometrical projection. In this essay, I will argue that, for a central class of pictures, the projection-based theory of depiction provides the best explanation for how pictures express pictorial spaces, while rival perceptual and resemblance theories fall short. Since the composition of pictorial space is itself the basis for all other aspects of pictorial content, the proposal provides a natural foundation for further pictorial semantics. (shrink)

The article considers the philosophical potential of Heraclitean ambiguity and implications for how one might engage philosophically with Heraclitus. While works on Heraclitus most commonly offer new interpretations or dispute or add nuance to established interpretations, this work somewhat sidesteps interpretive disputes to consider the philosophical value and relevance of Heraclitus’s fragments themselves. Specifically, a hermeneutical tool proposed by William Desmond called a “companioning approach,” is supported. Desmond’s companioning approach is considered in the context of Pierre Hadot’s account of the (...) history of hermeneutical practices to show that it merely defines and legitimizes a longstanding hermeneutical activity. Further, a recent work by A. V. Halapsis shows that Heraclitus’s ambiguity may have been a consequence of his anthropological commitments and that he may have intended to allow for something like a companioning engagement. (shrink)

The last couple of decades have witnessed a renewed interest in the notion of inductive risk among philosophers of science. However, while it is possible to find a number of suggestions about the mitigation of inductive risk in the literature, so far these suggestions have been mostly relegated to vague marginal remarks. This paper aims to lay the groundwork for a more systematic discussion of the mitigation of inductive risk. In particular, I consider two approaches to the mitigation of inductive (...) risk—the individualistic approach, which maintains that individual scientists are primarily responsible for the mitigation of inductive risk, and the socialized approach, according to which the responsibility for the mitigation of inductive risk should be more broadly distributed across the scientific community or, even more broadly, across society. I review some of the argument for and against the two approaches and introduce two new problems for the individualistic approach, which I call the problem of precautionary cascades and the problem of exogenous inductive risk, and I argue that a socialized approach might alleviate each of these problems. (shrink)

Carnap’s seminal ‘Empiricism, Semantics and Ontology’ makes important use of the notion of a framework and the related distinction between internal and external questions. But what exactly is a framework? And what role does the internal/external distinction play in Carnap’s metaontology? In an influential series of papers, Matti Eklund has recently defended a bracingly straightforward interpretation: A Carnapian framework, Eklund says, is just a natural language. To ask an internal question, then, is just to ask a question in, say, English. (...) To try to ask an external question is to try, absurdly, to ask a question in no language at all. Finding that so trivial an I/e distinction can’t help to explain Carnap’s deflationary metaontology, Eklund is led to attribute to Carnap a view he calls ontological pluralism. In this paper, I show that Eklund misreads Carnap, and I argue that this misreading obscures fundamental features of Carnap’s philosophy. I then defend an account of frameworks as what Carnap called semantical systems, and I place this account in the context of Carnap’s philosophical program of explication. Finally, I discuss the role that frameworks and the I/e distinction play in ESO, showing that ESO provides no reason to attribute the doctrine of ontological pluralism to Carnap. (shrink)

Interpretations of Kant’s account of the forms of “taking-to-be-true” (Fürwahrhalten) have generally focused on three such forms: opinion (Meinung), belief (Glaube), and knowledge (Wissen). A second distinction that has received comparatively less attention is that between conviction (Überzeugung) and persuasion (Überredung). Kant appears to use the distinction between the subjective and the objective sufficiency of a taking-to-be-true to characterize all of these forms. However, it is impossible to account for the differences between them by relying on this latter distinction alone. (...) In turn, this makes it difficult to fit all of these forms into a single classification of taking-to-be-true. In this chapter, I propose a new approach to conviction and persuasion that dissolves these problems. Conviction and persuasion are not single forms of taking-to-be-true with distinctive characteristics, yet it is not useful to treat them as “classes” of taking-to-be-true either. Rather, they are “operators” that determine whether a taking-to-be-true is apt or inapt, depending on whether it rests on a correct evaluation of the grounds we have. (shrink)

In this paper I investigate affinities between Nietzsche’s early philosophy and some aspects of Kant’s moral theory. In so doing, I develop further my reading of Nietzschean wholeness as an ideal that consists in the achievement of cultural—not psychic—integration by pursuing the ennoblement of humanity in oneself and in all. This cultural achievement is equivalent to the procreation of the genius or the perfection of nature. For Nietzsche, the process by means of which we come to realize the genius in (...) ourselves is one in which our true content comes to necessarily govern or guide the shaping of our outer form (or our outward activities). Since this true content turns out to be our autonomy or free agency, I argue that this Nietzschean idea of necessitation parallels in important ways Kant’s notion of normative necessity. In particular, I claim that for Nietzsche the agent’s form becomes necessitated by his content as a result of the agent’s recognition of the duties that befall those who aspire to belong to a genuine culture and his resolve to guide his actions in accordance to them. These duties spring from the idea of humanity, from the image we have of ourselves as endowed with the capacity to be the helmsmen of our lives or to be more than mere animals or automata. The person who takes up this ideal of humanity turns his life into a living unity of content and form by organizing it around an aspect of his being that belongs necessarily, hence more truthfully, to him. He also participates in a collective project (that of the ennoblement of the human being) that can lend a certain coherence and imperishability to his individual life and through which he becomes necessarily connected to everyone else for all eternity. (shrink)

Warfare is becoming increasingly automated, from automatic missile defense systems to micro-UAVs (WASPs) that can maneuver through urban environments with ease, and each advance brings with it ethical questions in need of resolving. Proponents of lethal autonomous weapons systems (LAWS) provide varied arguments in their favor; robots are capable of better identifying combatants and civilians, thus reducing "collateral damage"; robots need not protect themselves and so can incur more risks to protect innocents or gather more information before using deadly force; (...) robots can assess situations more quickly and do so without emotion, reducing the likelihood of fatal mistakes due to human error; and sending robots to war protects our own soldiers from harm. However, these arguments only point in favor of autonomous weapons systems, failing to demonstrate why such systems need be made *lethal*. In this paper I argue that if one grants all of the proponents' points in favor of LAWS, then, contrary to what might be expected, this leads to the conclusion that it would be both immoral and illegal to deploy *lethal* autonomous weapons, because the many features that speak in favor of them also undermine the need for them to be programmed to take lives. In particular, I argue that such systems, if lethal, would violate the moral and legal principle of necessity, which forbids the use of weapons that impose superfluous injury or unnecessary harm. I conclude by highlighting that the argument is not against autonomous weapons per se, but only against *lethal* autonomous weapons. (shrink)

In this article, I link the empirical hypothesis that neural representations of sensory stimulation near the body involve a unique motor component to the idea that the perceptual field is structured by skillful bodily activity. The neurophenomenological view that emerges is illuminating in its own right, though it may also have practical consequences. I argue that recent experiments attempting to alter the scope of these near space sensorimotor representations are actually equivocal in what they show. I propose resolving this ambiguity (...) by treating these representations as responsive to the development or degeneration of know-how—which can be isolated as an appropriate object for scientific investigation. (shrink)

In this chapter, I investigate a problem for Kant’s claim that metaphysics can reach the status of science. The problem arises when one considers Kant’s account of the “architectonic unity” of metaphysics in the Architectonic of Pure Reason. Attaining architectonic unity is a condition for becoming a science for any body of cognitions that purports to be such. This is achieved when the cognitions belonging to a science are systematically organized according to the “idea of reason” which lies at the (...) basis of that science. However, Kant suggests that nobody can ever legitimately claim to have matched the idea of the philosopher, where this appears to imply that nobody can justifiably claim that she has fully grasped the idea of metaphysics. This generates a problem. I suggest that when Kant claims that the idea of the philosopher must remain an ideal or an archetype, he has a particular conception of philosophy in mind, that is, philosophy as a doctrine of wisdom. According to this understanding, philosophy must provide an example of how one can become virtuous. However, this is only a partial solution to our problem, for reasons that will be illustrated. (shrink)

This essay calls attention to a set of linguistic interactions between counterfactual conditionals, on one hand, and possibility modals like could have and might have, on the other. These data present a challenge to the popular variably strict semantics for counterfactual conditionals. Instead, they support a version of the strict conditional semantics in which counterfactuals and possibility modals share a unified quantificational domain. I’ll argue that pragmatic explanations of this evidence are not available to the variable analysis. And putative counterexamples (...) to the unified strict analysis, on careful inspection, in fact support it. Ultimately, the semantics of conditionals and modals must be linked together more closely than has sometimes been recognized, and a unified strict semantics for conditionals and modals is the only way to fully achieve this. (shrink)

Este artigo objetiva discutir o tema da autoficção e apresentar a possibilidade de utilizá-lo para a interpretação de obras filosóficas, destacadamente o livro Ecce homo de Friedrich Nietzsche e, secundariamente, Testo junkie de Paul B. Preciado. Para tanto, primeiro, abordarei a relação entre filosofia e literatura no contexto que alguns pensadores contemporâneos têm nomeado cultura literária. Em um segundo momento, traçarei uma breve história da formação da noção de autoficção e da consolidação do termo para demarcar um subgênero literário. Em (...) seguida, apresentarei elementos de Ecce homo que me parecem permitir enquadrá- lo no campo da autoficção. Na última parte, serão retomadas as articulações entre literatura e filosofia, analisando- se brevemente um exemplar de autoficção no pensamento contemporâneo, Testo junkie, para sugerir que a aproximação de tal subgênero contribui para a compreensão tanto do lugar da filosofia na cultura literária quanto aspectos de nosso tempo. (shrink)

Unlike his theory of justice as fairness, John Rawls’s political liberalism has generally been spared from critiques regarding what is due to the disabled. This paper demonstrates that, due to the account of the basic ideas of society and persons provided by Rawls, political liberalism requires that the interests of numerous individuals with disabilities should be put aside when the most fundamental issues of justice are settled. The aim is to accommodate within public reason the due concern for the disabled (...) while upholding political liberalism. To achieve this aim, a revision of the basic ideas of persons and society is proposed. The idea of persons should be regarded as more fundamental than that of social cooperation, and persons should be defined in terms of minimal moral powers. (shrink)

Some have defended a Fregean view of perceptual content. On this view, the constituents of perceptual contents are Fregean modes of presentation (MOPs). In this paper, I propose that perceptual MOPs are best understood in terms of object files. Object files are episodic representations that store perceptual information about objects. This information is updated when sensory conditions change. On the proposed view, when a subject perceptually represents some object a under two distinct MOPs, then the subject initiates two object files (...) that both refer to a. My defense of this view appeals to its satisfaction of four constraints that I argue theories of perceptual MOPs should satisfy. Furthermore, I show that some existent accounts of perceptual MOPs fail to satisfy them. The defended constraints also indicate what is unique about perceptual, as opposed to linguistic or cognitive, MOPs. (shrink)

Gilbert Ryle famously wrote that practical knowledge (knowing how) is distinct from propositional knowledge (knowing that). This claim continues to have broad philosophical appeal, and yet there are many unsettled questions surrounding Ryle’s basic proposal. In this article, I return to his original work in order to perform some intellectual archeology. I offer an interpretation of Ryle’s concept of action that I call ‘adverbialism’. Actions are constituted by bodily behaviours performed in a certain mode, style or manner. I present various (...) challenges to adverbialism – scenarios in which it seems we publicly behave one way, but privately feel another. And I offer a response – Ryle’s stated practice of re-describing those situations in ways that pose no threat to his adverbialism. I also present an interpretation of practical knowledge in Ryle’s work. Knowing how is a special kind of action, undertaken only when we progressively self-modify our behaviours in the presence of new challenges or opportunities. (shrink)

The discussion of ethics, corporate responsibility and its educational dimensions focuses primarily on CSR, corporate citizenship and philanthropic theory and practise. The partnership between Microsoft Corporation and UNHCR was launched to help the victims of the Kosovo crisis, at the same time as the Bill and Melinda Gates Foundation gained momentum, and in particular, at the same time as Microsoft experienced a decrease in stock value. This case study sheds light on a decade of Microsoft Corp. efforts to align business (...) objectives with refugee aid, by use of corporate expertise and company revenues. As a leader in technology and corporate citizenship, can Microsoft bridge the digital divide for the disadvantaged and arouse the unlimited potential of tomorrow’s leaders, as the company claims in its communications? Is the partnership beneficial to UNHCR, in line with corporate objectives of “doing big things” and “doing good”? (shrink)

How should broadly liberal democratic societies stop illiberal and antidemocratic views from gaining influence while honouring liberal democratic values? This question has become particularly pressing after the recent successes of right-wing populist leaders and parties across Europe, in the US, and beyond. This book develops a normative account of liberal democratic self-defence that denounces the failures of real-world societies without excusing those supporting illiberal and antidemocratic political actors. This account is innovative in focusing not only on the role of the (...) state but also on the duties of nonstate actors including citizens, partisans, and municipalities. Consequently, it also addresses cases where the central government has at least been partly captured by illiberal and antidemocratic agents. Gabriele Badano and Alasia Nuti's approach builds on John Rawls's treatment of political liberalism and his awareness of the need to 'contain' unreasonable views, that is, views denying that society should treat every person as free and equal through a mutually acceptable system of social cooperation where pluralism is to be expected. The authors offer original solutions to vexed problems within political liberalism by putting forward a new account of the relation between ideal and non-ideal theory, explaining why it is justifiable to exclude unreasonable persons from the constituency of public reason, and showing that the strictures of public reason do not apply to those suffering from severe injustice. In doing so, the book further politicizes political liberalism and turns it into a framework that can insightfully respond to the challenges of real politics. (shrink)

When does a model explain? When does it promote understanding? A dominant approach to scientific explanation is the interventionist view (Woodward 2003). According to this view, when X explains Y, intervening on X can produce, prevent or alter Y in some predictable way. In this paper, I argue for two claims. First, I reject a position that many interventionist theorists endorse. This position is that to explain some phenomenon by providing a model is also to understand that phenomenon (Woodward 2003, (...) Ylikoski and Kuorikoski 2010, Kuorikoski and Ylikoski 2015). While endorsing the interventionist view, I argue that explaining and understanding are distinct scientific achievements. Second, I defend a novel theory of scientific understanding. According to this view, when some model M promotes understanding, M makes available a distinctive mental state. This state is of the same psychological kind as when we grasp events in a narrative as bearing on some ultimate conclusion. To conclude, I show that, given this view, mechanistic explanations often provide a powerful source of understanding that many causal-historical models lack. This paper will be of interest to both philosophers of science and epistemologists engaged in the topics of explanation and understanding. (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)

Norman Daniels’s theory of ‘accountability for reasonableness’ is an influential conception of fairness in healthcare resource allocation. Although it is widely thought that this theory provides a consistent extension of John Rawls’s general conception of justice, this paper shows that accountability for reasonableness has important points of contact with both utilitarianism and intuitionism, the main targets of Rawls’s argument. My aim is to demonstrate that its overlap with utilitarianism and intuitionism leaves accountability for reasonableness open to damaging critiques. The important (...) role that utilitarian-like cost-effectiveness calculations are allowed to play in resource allocation processes disregards the separateness of persons and is seriously unfair towards individuals whose interests are sacrificed for the sake of groups. Furthermore, the function played by intuitions in settling frequent value conflicts opens the door for sheer custom and vested interests to steer decision-making. (shrink)

This chapter analyzes two short texts in which Peirce sketches out an anti-skeptical argument inspired by Kant’s refutation of idealism. The chapter will first consider why Peirce found Kant’s argument interesting and promising, given that it is often regarded as problematic and unsuccessful. It will then briefly reconstruct Kant’s refutation, highlighting its most problematic passages. Moreover, since Peirce’s own version of the argument relies on Kant’s views regarding the temporal structure of consciousness, the chapter will explain how Peirce tackles this (...) issue in “The Law of Mind.” Finally, the chapter considers Peirce’s own anti-skeptical argument and examines whether and how it can be seen as appropriating Kant’s strategy. (shrink)

Famously, in the essay Inquiry Concerning the Distinctness of the Principles of Natural Theology and Morality (Prize Essay), Kant attempts to distance himself from the Wolffian model of philosophical inquiry. In this respect, Kant scholars have pointed out Kant’s claim that philosophy should not imitate the method of mathematics and his appeal to Newton’s “analytic method.” In this article, I argue that there is an aspect of Kant’s critique of the Wolffian model that has been neglected. Kant presents a powerful (...) attack of the idea that philosophy should proceed through the analysis of concepts and argues that we should give up the aim of arriving at “complete” concepts as one of its fundamental desiderata. Importantly, this attack of philosophy conceived as conceptual analysis is distinctive and original if one compares it with Kant’s critique of analysis in the Critique of Pure Reason, which rests on the idea that analysis is insufficient to ground substantial metaphysical truths. I also make an additional point: Scholars have debated whether the appeal to Newton’s analytic method involves a form of empiricism. I submit that this debate is ill-conceived because Kant uses a notion of “given concepts” that is indeterminate with respect to their a priori or a posteriori status. (shrink)

The predominant interpretation of Wittgenstein's later remarks on religion takes him to hold that all religious utterances are non-scientific, and to hold that the way to show that religious utterances are non-scientific is to identify and characterise the grammatical rules governing their use. This paper claims that though this does capture one strand of Wittgenstein's later thought on religion, there is an alternative strand of that thought which is quite different and more nuanced. In this alternative strand Wittgenstein stresses that (...) religious utterances and beliefs can come in both scientific and non-scientific varieties. More than that, he claims that the grammar of religious utterances, and the logic of religious beliefs, is often complex – in that individual utterances and beliefs will often be mixed between, indeterminate between, or fluid between being scientific and being non-scientific. This complexity means that it will often be unhelpful to try to pin down one particular grammar or logic for a given utterance or belief. Wittgenstein therefore suggests a new method of grammatical and logical investigation, which is less likely to distort complex grammars or logics by being overly simplistic or rigid. This method is to use simple examples of utterances and beliefs as objects of comparison, so as to illuminate the different aspects of the more complex actual utterances and beliefs under examination. This alternative strand in Wittgenstein's later remarks on religion is a manifestation of a broader strand of Wittgenstein's later thought as a whole, which was first described by Friedrich Waismann, and later developed by Gordon Baker and Oskari Kuusela. The paper concludes by providing examples of religious beliefs which are logically mixed, indeterminate, and fluid, and showing how simple objects of comparison can be used to illuminate them. (shrink)

The victims of severe injustice are allowed to employ disruption and violence to seek political change. This article argues for this conclusion from within Rawlsian political liberalism, which, however, has been criticised for allegedly imposing public reason’s suffocating norms of civility on the oppressed. It develops a novel view of the applicability of public reason in non-ideal circumstances – the “no self-sacrifice view” – that focuses on the excessive costs of following public reason when suffering from severe injustice. On this (...) view, those treated in what Rawls describes as less than a reasonably just way are relieved of the duty of public reason and therefore entitled to employ disruption and violence. In contrast, their privileged fellow citizens must still obey public reason’s civility unless they have been authorised by the oppressed to join their fight. This article also starts exploring from within political liberalism the normative principles governing disruptive and violent protest. (shrink)