What is the relation between meaning and use? This chapter first defends a non-reductionist understanding of Wittgenstein’s suggestion that ‘the meaning of a word is its use in the language’; facts about meaning cannot be reduced to, or explained in terms of, facts about use, characterized non-semantically. Nonetheless, it is contended, facts about meaning do supervene on non-semantic facts about use. That supervenience thesis is suggested by comments of Wittgenstein’s and is consistent with his view of meaning and rule-following. Semantic (...) supervenience is then defended against two criticisms: first, John McDowell’s suggestion that the supervenience thesis falsifies the epistemology of meaning and fails to accommodate common-sense truths about meaning; second, a series of counter-examples proposed by Stephen Kearns and Ofra Magidor, who argue that worlds may differ semantically without differing non-semantically. It is argued that neither criticism is convincing: we should accept the thesis that semantic facts supervene on non-semantic facts. (shrink)

It is natural to say that when we acquire a new concept or concepts, or grasp a new theory, or master a new practice, we come to see things in a new way: we perceive phenomena that we were not previously aware of; we come to see patterns or connections that we did not previously see. That natural idea has been applied in many areas, including the philosophy of science, the philosophy of religion, and the philosophy of language. And, in (...) reflecting on the character of philosophy itself, Wittgenstein himself associates the introduction of a new concept in philosophy with the discovery of a new way of looking at things (PI §401), and says that the point of presenting us with an imagined example may be to change our way of looking at things (PI §144). The paper considers four interrelated questions about this association between seeing-as and change, novelty, or innovation. 1. Is there an important difference between the case where the change in someone’s way of seeing things involves the invention or discovery of a completely new concept, a completely new theory etc., and the case where it involves the person’s coming to understand an existing concept or theory? 2. Is there a special connection between seeing-as and conceptual or theoretical change or creativity: a connection that does not obtain between seeing-as and using or applying a familiar theory or system of concepts? 3. In cases where seeing-as is associated with novelty or creativity, is there any sense in which the fact that someone sees things in a new way can help to explain their conceptual or theoretical creativity? 4. To the extent that there is some association between seeing-as and novelty or creativity, why if at all does it matter that one experiences things in a certain way? Would someone who was aspect-blind be any worse off with respect to creativity or innovation than the rest of us? And if so, why? (shrink)

A central theme in Wittgenstein’s post-Tractatus remarks on the limits of language is that we ‘cannot use language to get outside language’. One illustration of that idea is his comment that, once we have described the procedure of teaching and learning a rule, we have ‘said everything that can be said about acting correctly according to the rule’; ‘we can go no further’. That, it is argued, is an expression of anti-reductionism about meaning and rules. A framework is presented for (...) assessing the debate between reductionist and anti-reductionist readings of Wittgenstein’s views about meaning and use. It is argued that that debate cannot be settled merely by reference to Wittgenstein’s general opposition to reductionism. An important argument for anti-reductionism about rules and meaning, from Remarks on the Foundations of Mathematics, is discussed. Putative evidence of reductionism about meaning in the Brown Book is considered; an alternative reading is proposed. The nature of Wittgenstein’s anti-reductionism is examined. It is argued, first, that Wittgenstein accepts that semantic and normative facts supervene on non-semantic, non-normative facts and, second, that at many points his treatment of meaning and rules goes beyond the kind of pleonastic claim that is often taken to define non-reductionist, quietist, positions in philosophy. (shrink)

The paper considers three questions. First, what is the connection between economics and agency? It is argued that causation and explanation in economics fundamentally depend on agency. So a philosophical understanding of economic explanation must be sensitive to an understanding of agency. Second, what is the connection between agency and causation? A causal view of agency-involving explanation is defended against a number of arguments from the resurgent noncausalist tradition in the literature on agency and action-explanation. If agency is fundamental to (...) economic explanation, it is argued, then so is causation. Third, what is the connection between causal explanation and the natural sciences? It is argued that, though the explanations given in economics and other social sciences are causal explanations, they are different in kind from the causal explanations of the natural sciences. On the one hand, then, the causal explanations of the social sciences are irreducible to those found in the natural sciences. On the other hand, the causal relations described by the social sciences are not completely autonomous; they do not float free of, or operate independently from, the causal relations charted by the natural sciences. (shrink)

Part 1 of this paper sketches Wittgenstein’s opposition to scientism in general. Part 2 explores his opposition to scientism in philosophy focusing, in particular, on philosophy of mind; how must philosophy of mind proceed if it is to avoid the kind of scientism that Wittgenstein complains about? Part 3 examines a central anti-scientistic strand in Wittgenstein’s Last Writings on the Philosophy of Psychology volume II: his treatment of the ‘uncertainty’ of the relation between ‘outer’ behaviour and ‘inner’ experiences and mental (...) states. (shrink)

Wittgenstein’s philosophy involves a general anti-platonism about properties or standards of similarity. On his view, what it is for one thing to have the same property as another is not dictated by reality itself; it depends on our classificatory practices and the standards of similarity they embody. Wittgenstein’s anti-platonism plays an important role in the private language sections and in his discussion of the conceptual problem of other minds. In sharp contrast to Wittgenstein’s views stands the contemporary doctrine of natural (...) properties, which holds that there is an objective hierarchy of naturalness amongst properties, a hierarchy that is completely independent of our concepts or practices. Some authors have appealed to the natural properties view to offer an explicitly anti-Wittgensteinian account of sensation concepts. The paper discusses these competing views of properties and sensation concepts. It is argued that, if our account of concepts of conscious states starts from a commitment to natural properties, we are bound to recognize that our actual classificatory practices also play a crucial role in determining which properties our concepts pick out. On the other hand, if we start from the anti-platonist position, we are bound to recognize that we also need a notion of sameness of property that extends beyond our limited capacity to recognize similarity or sameness of property. The correct view, it is concluded, must occupy a middle position between an extreme anti-realism about properties and an extreme version of the natural properties view. It is suggested that Wittgenstein’s own view does just that. (shrink)

The paper discusses two aspects of Wittgenstein’s middle-period discussions of the self and the use of ‘I’. First, it considers the distinction Wittgenstein draws in his 1933 Cambridge lectures between two ‘utterly different’ uses of the word ‘I’. It is shown that Wittgenstein’s discussion describes a number of different and non-equivalent distinctions between uses of ‘I’. It is argued that his claims about some of these distinctions are defensible but that his reasoning in other cases is unconvincing. Second, the paper (...) considers the distinction drawn in the Blue Book between the use of ‘I’ as subject and the use of ‘I’ as object. A number of commentators have contended that this Blue Book distinction between uses of ‘I’ is erroneous, that Wittgenstein soon realized that, and that he dropped the idea of such a distinction from his later work. Against those claims, it is argued that Wittgenstein’s distinction between the use of ‘I’ as subject and its use as object is correct and illuminating. And it is shown that, though we do not find the ‘as-subject’/’as-object’ terminology in Wittgenstein’s subsequent work, the essential point of the Blue Book distinction is not abandoned but remains in place in Philosophical Investigations. (shrink)

Cora Diamond has claimed that Wittgenstein’s Tractatus contains an early ‘private language argument’: an argument that private objects in other people’s minds can play no role in the language I use for talking about their sensations. She further claims that the Tractatus contains an early version of the later idea that an inner process stands in need of outward criteria. The paper argues against these claims, on the grounds that they depend on an unwarranted construal of the Tractatus’s notion of (...) use. It is further argued that Diamond’s interpretation makes a mystery of the relation between the Tractatus and Wittgenstein’s 1929 account of sensation language, set out in Philosophical Remarks and elsewhere. Finally, the paper considers and defends Michael Dummett’s contention that the Tractatus is a paradigm of semantic realism, in the light of Diamond’s claim that the Tractatus in fact suggests a form of anti-realism about sensation language. (shrink)

"Lest one think that the focus on aspect-seeing in Wittgenstein is only a means to more contemporary philosophical ends, one ought to read Day’s remarkable 'Wanting to Say Something: Aspect-Blindness and Language'. Day considers the issue of aspect-blindness, arguing that universal aspect-blindness is impossible for beings with language. Specifically, he shows that a child’s first attempt at language, at trying “bloh” for “ball,” is neither an indication that the child sees the ball for the first time, nor an (...) indication that the child is giving a first label for an object seen all along. Rather, he shows that this attempt is an indication of the dawning of an aspect. The dawning of aspects, so common during the phase of language acquisition, becomes supplanted by language itself. Universal aspect-blindness is not humanly possible, then. Day argues that the acquisition of language results in a loss of desire for aspects (which it is possible to regain through art). Localized aspect-blindness is familiar because as language-users, we have lost our desire for aspects. Day then turns to questions about the deep purpose behind Wittgenstein’s style. Why are those doubting voices prominent? Why does Wittgenstein demand so often that the reader answer his questions? Day shows that these elements of Wittgenstein’s style arise from a motivation to regain his own desire for aspects, and he wants to re-awaken our own desire for aspects. Day motivates us to consider aspect-seeing in order to see Wittgenstein himself anew." --Chris Weigel, Book Review of Seeing Wittgenstein Anew, Journal of the History of Philosophy 49:2 (April 2011): 263. (shrink)

"William Day is . . . concerned to explore the dynamics of what Cavell calls 'a theology of reading' through a careful examination of a fragment of the philosopher's autobiography first published as 'Excerpts from Memory' (2006) and subsequently revised for Little Did I Know (2010). If, as Cavell suggests, 'the underlying subject' of both criticism and philosophy is 'the subject of examples', in which our interest lies in their emblematic aptness or richness as exemplars, exemplarity becomes central to (...) the aim of our reading. . . . Day considers how autobiography as a genre is preoccupied with the question of the author's exemplarity (Augustine or Rousseau), and in Cavell's retelling in 'Excerpts from Memory' he discusses how an event that Cavell would have us read allegorically - his move at the age of seven to a new apartment, his coming upon a familiar bowl containing nonpareils, his remark upon this to his father and his father's violent reaction - recasts a scene of paternal hatred as the child's offer of communion. Day suggests that this retelling proves to be redemptive: first, of the incident itself, and second, of the reader's own experience. Seeing how to read this autobiographical life as exemplary helps us to transfigure our own moments of deprivation into so many possibilities for freedom." --James Loxley and Andrew Taylor, introductory chapter to Stanley Cavell: Philosophy, Literature and Criticism, 15-16. (shrink)

Child soldiers, who often appear to be both victims and perpetrators, present a vexing moral and legal challenge: how can we protect the rights of children while seeking justice for the victims of war crimes? There has been little stomach, either in domestic or international courts, for prosecuting child soldiers—but neither has this challenge been systematically addressed in international law. Establishing a uniform minimum age of criminal responsibility would be a major step in the right direction; we argue (...) that such a standard ought to be guided by the best evidence from neuropsychology about the development, during childhood and adolescence, of the executive functions that give rise to morally and legally responsible agents. In light of that evidence, which suggests that the brain’s executive functions are still maturing into early adulthood, we recommend a graded structure of culpability for child soldiers. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things (...) would be for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (shrink)

Like most bioethical discussion, examination of human biobanks has been largely framed in terms of research subjects’ rights, principally informed consent, with some gestures toward public benefits. However, informed consent is for the competent, rights-bearing individual: focussing on the individual, it thus neglects social, economic and even political matters; focussing on the competent rights-bearer, it does not serve situations where consent is plainly inappropriate (eg, the young child) or where coercion can obviously be justified (the criminal). Using the British (...) experience of large-scale biobanking, I argue that the focus on consenting individuals distorts our ways of thinking about biobanks and has serious practical ramifications. This becomes clear if we contrast the case of adult biobanks intended for medical research with two other forms of biobanking. Thus child cohort studies – vital for sound scientific investigation of the interplay of genetics and environment in health – have been very badly funded next to adult studies. On the other hand, forensic databases have attracted massive investment, but little debate – partly owing to a sense that here, at least, is a case where consent is not relevant. Contrasting these central types of biobanking, I will suggest that there are powerful factors at work in limiting ‘ethics’ to individual rights. Projects of this size should direct our attention to more overtly political questions concerning priority setting and organisation of medical research. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue for (...) veganism, this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

Placebo-trials on HIV-infected pregnant women in developing countries like Thailand and Uganda have provoked recent controversy. Such experiments aim to find a treatment that will cut the rate of vertical transmission more efficiently than existing treatments like zidovudine. This scenario is first stated as generally as possible, before three ethical principles found in the Belmont Report, itself a sharpening of the Helsinki Declaration, are stated. These three principles are the Principle of Utility, the Principle of Autonomy and the Principle of (...) Justice. These are taken as voices of moral imperative. But although each has intuitive appeal, it can be shown that there are possible scenarios in which they give conflicting prescriptions. To achieve consistency, one must be subordinate to the others. The voice of utility is taken as subordinate to those of justice and autonomy and it is shown that given plausible assumptions about the level of poverty and education in the developing country targeted, the experiment is ruled morally wrong in the name of both justice and autonomy. Moreover, it is argued that no justification can be found for the inclusion of a placebo group, when strictly defined. By contrast, a ‘no- treatment’ control arm might be justified, but only when the demands of autonomy are satisfied, demands that are more stringent than they might appear. A utilitarian defence of the experiment is examined, namely that the would-be participants are in a no-loss situation, and it is shown that this defence is seriously flawed. Finally, it is concluded that there is no justification for amending the Declaration of Helsinki. (shrink)

False belief tasks have enjoyed a monopoly in the research on children’s development of a theory of mind. They have been granted this status because they promise to deliver an unambiguous assessment of children’s understanding of the representational nature of mental states. Their poor cousins, true belief tasks, have been relegated to occasional service as control tasks. That this is their only role has been due to the universal assumption that correct answers on true belief tasks are inherently ambiguous regarding (...) the level of the child’s understanding of mental states. It has also been due to the universal assumption that nothing in the child’s developing theory of mind would lead to systematically incorrect answers on true belief tasks. We review new findings that 4- and 5-year-olds do err, systematically and profoundly, on the true belief versions of all the extant belief tasks. This reveals an intermediate level of understanding in the development of children’s theory of mind. Researchers have been unaware of this intermediate level because it produces correct answers in false belief tasks. A simple two-task battery—one true belief task and one false belief task—is sufficient to remove the ambiguity from each task. The new findings show that children do not acquire an understanding of beliefs, and hence a representational theory of mind, until after 6 years of age, or 2 years later than most developmental psychologists have concluded. This raises the question of how to interpret other new findings that infants are able to pass false belief tasks. We review these new infant studies, as well as recent studies on chimpanzees, in light of older children’s failure on true belief tasks, and end with some speculation about how all of these new findings might be reconciled. (shrink)

Evil is the opposite of good. This phenomenon has unleashed serious threat to human existence. The problem is that it is difficult to understand and even to deal with. Evil is a subject that hasdefied solution politically, socially or religiously. This paper examined the issue of the origin,effect and ways of dealing with evil for a better society. The research adopted the historical andliterary methods of research. Various views are examined. Findings affirmed that God createdevil as well as good. However, (...) this view challenged the omnipotence and the goodness of God. The research identified bloodshed, corruption, demonic activities, human trafficking, child abuseand child dumping/abuse and many others as social vices associated with evil. This researchrecommends that man should learn to live with it, overcome it with good, while religious groupsshould lead in the campaign to end evil and/or reduce its effect on society. (shrink)

The case of Andrew Gobea, the first child to receive experimental gene therapy for SCID, and a reflection on the associated ethical implications of gene therapy research.

Co-parents who differ in their ideal child rearing policies should compromise, argues Marcus William Hunt. Josh Milburn and Carlo Alvaro dispute this when it comes to veganism. Milburn argues that veganism is a matter of justice and that to compromise over justice is (typically) impermissible. I suggest that compromise over justice is often permissible, and that compromise over justice may be required by justice itself. Alvaro offers aesthetic, gustatory, and virtue-based arguments for ethical veganism, showing that veganism involves (...) sensibilities and virtues, and argues that veganism involves a belief. Alvaro takes this to show that parental compromise is impermissible. I suggest that Alvaro’s arguments are implausible and that the shaping of a child’s sensibilities and virtues is an apt matter for parental compromise. (shrink)

Most people desire to have a romantic relationship, and most people desire to have a child. The paper suggests one respect in which it is more desirable to have a child with a romantic partner rather than with someone other than a romantic partner, as platonic parents do. The first premise claims that the romantic relationship, and only this relationship, has a certain desire as a constitutive part. This is the desire to be as related to someone as (...) one can be. That this ‘desire for relatedness’ is a constitutive part of the romantic relationship explains why those related by a romantic relationship tend to become related in other ways and explains why romantic partners tend to desire to have relationships with those to whom their romantic partner is otherwise related. The second premise is that by having a child together romantic partners become related in an important and unique way, satisfying their desire for relatedness. Since platonic parents do not have the desire for relatedness toward one another they do not satisfy such a desire in having a child together. A brief review of the sociological literature on platonic parenting is included and eight objections are answered. (shrink)

This paper offers a theory of filial piety on which piety is the ethical virtue that responds to the action of person-creating. Piety is the virtue of a creature qua creature. I begin by identifying the action of person-creating as the action of a parent. I then offer some points from the philosophy of action to delineate the action of person-creating. Next, I explain the metaphysical states that this action gives rise to and their value. Parent and child fall (...) in the category of relatives, discussed by Aristotle in his Categories. More specifically, Aristotle says that parent and child are relatives as creator and created. Agreeing with but going beyond Aristotle, I show how parent and child are creator and created as paradigm and image. A pious child is one who images their paradigm well. A child does this by participating in and perfecting the person-creating action of their parent, that is, by being a good person. I argue for the theory’s acceptance on the grounds that it better explains common intuitive judgments about filial piety than do the gratitude theory and the special goods theory (the two most influential and plausible competing theories of filial piety in the philosophical literature). (shrink)

The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their (...) child, and how in causing a child together co-parents become parent and child to one another. For instance, since parents create children by offering themselves as models to be copied, co-parents should enjoy the best type of friendship with one another, each treating the other’s flourishing as a human person as their end. I suggest that co-parenthood contains parenthood virtually, that the co-parents’ love of their child is a manifestation of their love for one another, that the teleological fulfilled state of the friendship between parent and child exists in the friendship of co-parents. (shrink)

Supervaluationism is often described as the most popular semantic treatment of indeterminacy. There’s little consensus, however, about how to fill out the bare-bones idea to include a characterization of logical consequence. The paper explores one methodology for choosing between the logics: pick a logic thatnorms beliefas classical consequence is standardly thought to do. The main focus of the paper considers a variant of standard supervaluational, on which we can characterizedegrees of determinacy. It applies the methodology above to focus ondegree logic. (...) This is developed first in a basic, single-premise case; and then extended to the multipremise case, and to allowdegreesof consequence. The metatheoretic properties of degree logic are set out. On the positive side, the logic is supraclassical—all classical valid sequents are degree logic valid. Strikingly, metarules such as cut and conjunction introduction fail. (shrink)

The deceptive strangeness of prescience in Dune is typical of Herbert's ideas. The ancient Babylonians were able to systematically predict astronomical events, but contemporary astrophysicists can forecast distant events beyond the Babylonians’ wildest dreams. Herbert describes the prescience of characters like Paul as a hyperawareness of possibilities and probabilities given certain choices, rather than being able to examine a fixed future. Common sense suggests that prescience should help us live together better. The Prisoner's Dilemma can be interpreted in different ways, (...) but the basic logic is always the same. The Prisoner's Dilemma is an imaginary interaction between “prisoners,” but it actually might make more sense with prescient characters from the Duniverse. Stuart Hampshire argued that self‐knowledge tends to have the opposite effect – that it makes us freer. Prescience is a vastly expanded understanding of possible and probable consequences given information and choices, not the observation of a fixed future. (shrink)

This essay explores Bernard Williams’ notion of agent-regret, comparing it with guilt, remorse, and other forms of regret. I first highlight some features of the intentional structure of guilt (also in relation to shame) and remorse, and then proceed to the analysis of regret. I discuss several examples of regret, including Williams’ discussion of the truck driver who accidentally runs over a child. In agreement with Williams, I argue that agent-regret has a moral significance not captured by either guilt (...) or remorse. If we generally feel guilty or remorseful for intentional actions or omissions, regret shows that we are emotionally attached even to the involuntary aspects of what we do. Agent-regret suggests that our concept of responsibility is broader than we think, and its phenomenology (as well as its potential action tendencies) may be indicative of an agent’s morality. (shrink)

A response to a recent critique by Cem Bozşahin of the theory of syntactic semantics as it applies to Helen Keller, and some applications of the theory to the philosophy of computer science.

CLE aims and clients’ needs conflict where students’ interests are put beyond clients’ needs. Students have interests in gaining employment, impressing instructors and supervisors, and experiencing the active application of law. Where the clients’ service-needs are subordinated to students’ interests, the relationship between the two—the ‘tension’—is tilted in a manner in which the clients are disserved through the fulfilment of students’ interests. This may be exacerbated by faulty institutional cultures where clinical faculty are treated differently, or as less accomplished or (...) ‘worthwhile’ than their ‘traditional’ counterparts. This also emphasizes that it is the clinical law faculty who may exacerbate or assuage the tension, as it is for clinical faculty to assure that clients’ needs are met on ethical grounds,20 and to equate the practice of law with excellence before students. (shrink)

The paper argues that Sartre’s work as both a literary critic and social philosopher is deeply indebted to his early commitment to phenomenology. The first part of the paper examines the nature of reading and writing in the account of literary meaning that is presented in the transitional text, 'Qu’est-ce que la littérature?' While acknowledging the political turn that occurs in Sartre’s work, we then discuss how the theme of history emerges in the later essay, 'Questions de méthode,' as one (...) that opens up a “double reading” of human motivation. Our conclusion maintains that the Marxist phase of Sartre’s work is based on the hermeneutical notion of comprehension, which provides an anthropological grounding for his existential philosophy. (shrink)

This essay examines the role of non-existent objects in "epistemological ontology"--the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Aussersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

According to a number of contemporary theorists, aesthetic reasons can invite or entice us but never compel us. In this paper, I develop a Kantian account of the normative force of aesthetic reasons. While Kant would likely agree that aesthetic reasons do not give rise to obligations, his account nevertheless gives us the resources for explaining how aesthetic reasons can still have more force than merely enticing reasons. This account appeals to the distinct normativity of aesthetic judgments on Kant's theory (...) and the way in which this kind of normativity structures aesthetic exchanges with other judging subjects. I argue that, in addition to the moral reasons we have for appreciating and preserving beauty, Kant’s account can accommodate distinctly aesthetic reasons for doing so that stem from our membership in aesthetic communities. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

In recent history, we have seen the birth of a democratic nation in Nepal, after years of war between Maoist revolutionaries and the prior Monarchic State. Of course, the war was violent, there remain questions on human rights abuses, and, there had been a significant loss of civilian lives during the process. Indeed, to the Maoist, war in Nepal was part of their struggle, in what they called the 'People's War'. The struggle was borne out of much more than mere (...) dissatisfaction with the prior status quo. It was a resistance to non-democratic conditions within Nepali political life. The Maoist viewed democratic governance and citizen's rights as intrinsic to Nepali life. Of course, historically speaking, there had been no time before the Maoist struggle where Nepali life seemed all that democratic, nor did Nepali citizens ever enjoy any basic rights to speak of. Nevertheless, the Maoists saw such conditions as inextricably linked to Nepali political life. The claim that the Maoists made was that the prior status quo had to be brought to an end, and that the struggle to do so could require permanent revolution. That is, the struggle would not stop until success had been achieved, success being the formation of a new democratic state. Of course, the Maoists-being Maoists-were claiming to see the revolution to an end beyond democracy: to communist society. However, the tenets of communism have had very little to do with the Maoist revolution, as the outcome since is far more representative of a Federal Constitutional Democracy. Nevertheless, what the Maoist undertook, on behalf of all Nepali people, was to cause a severe departure from the past; to instigate a new state under new conditions and within a structure that is viable and sustainable. In light of Hannah Arendt's discussions on revolution, the beginnings of the Maoist Revolution are very interesting. Indeed, they appear to be emblematic of the sort of 'founding' that was seen in the American Revolution. (shrink)

Does it seem that with each reported state cyberattack, there comes an announcement of discovery, an attribution to one of a handful of usual suspects, some threatening language suggesting imminent retribution, and then nothing more? Increased incidence of cyberattack makes its occurrence seem simultaneously rampant in terms of publicity and minimal in terms of threat of war. If rampant, how can repeated deployment by the same actors carry no punitive consequences? How is such audaciousness tolerated? For some, a cyberattack by (...) a state is an act of war. Its prevalence suggests there must be a void somewhere that facilitates its use without consequence. Others think state cyberattack is like other internet novelties: digital malfeasance, amounting to a nuisance that naturally follows from a digital‐based existence, particularly since non‐state actors are typically involved. Yet, state‐on‐state hostilities are historically perilous on a vast scale, and there is a multilateral system for regulating the use of force in the context of war. Acts of war, even when seeming minimal in impact, are not by‐products of a digital fad, and cyberattack is now described as far more than ‘nuisance’. If anywhere, the place for clarity on hostile state cyberoperations use should be accounted for in International Humanitarian Law. Yet, in its present form, it is ambiguous if not silent on the subject, suggesting that cyberattack currently presents an advantage to perpetrating states. Does this void or these ambiguities make cyberattacks more legally advantageous to states than traditional, kinetic weaponry? I examine whether existing IHL is sufficiently adaptable to state cyberoperations through a mixed legal and theoretical approach and conclude that they do. (shrink)

For Rousseau, humankind is in a perpetual state of decay—decadency from an earlier, natural, primitive, and perfect state. For Rousseau, the natural man, or man in the state of beast, was of an era where humankind was unencumbered by that which is now entirely associated with society—that is, “. . . establishment of laws and of the right of property . . . the institution of magistracy . . . and the conversion of legitimate into arbitrary power.” For Kant, humankind (...) is in its natural state. For Kant, nature brings about conditions that continually develop and refine humankind’s dispositions, purposefully setting about societies in order to facilitate a foundation within all civilized society, whereby all of humankind’s goals may be achieved. All matters have their place—placed there by nature, as though with purpose. For Kant, nature intended for humankind to employ reason, to acquiesce to coercion for social cohesion, and to strive to build a society that is ever-increasingly progressing towards perfection. Nature uses humankind’s dispositions, including ‘antagonistic’ behavior to gradually bring about a, “perfectly just civil constitution.” Humankind’s highest goal yet to be achieved is for that just civil constitution to emerge from trial and error (in the form of wars, revolutions, secessions, abdications), over time, ultimately providing for development of other dispositions within a perfect society. (shrink)

Legal positivism emerged in response to natural law, as an indictment on the latter’s metaphysical predilections. Natural law dominance created a yearning for empiricism, or even a ‘hard scientism’ in approach to understanding socially constructed phenomenon, including legal praxis. From its Benthamite origins, it has since been developed, with recent, spirited debate still undertaken among towering legal scholars. Although its validity is contested to some, it remains as an analytic point of view of the law. Yet, within its design, there (...) is quite a bit of subject matter put out of view of the positivist, even though it is observable phenomenon within the sphere of legal praxis. This creates a void in which certain problems are unsolvable by the theory of law embodied in positivism. Rather than adjust the theory, the positivists either designate the void as the province for legal decision-making based on an internal morality in hard cases; or it criticises systems that do not strictly adhere to the positivist account as crude in the case of the international legal system. What follows is an account of HLA Hart’s brand of positivism, as it has remained dominant and perhaps the easiest to understand. I then identify subject-matter put out of view of positivism, with reference to Kelsen’s account of ‘authority’. I conclude that the positivist project is incomplete given its limited account of decision-making in hard cases and the international legal system. (shrink)

Kant's formulae ought to effectively produce the same result when applied to the moral validity of any particular maxim; further, no valid maxim produces contradictory results when applied against Kant's Universal Law and Humanity formulae. Where one uses all formulae in the assessment of a maxim, one gains a more complete understanding of the moral law, thereby bridging principles of reason with intuition within the agent who has undertaken to evaluate the morality of a particular action. These formulae command without (...) regard to any particular interests, but are instead unconditional; further, these formulae effectively limit choice of action and therefore give rise to duty. Kant implies that the structure of all maxims requires different formulae of the same moral law, i.e., all maxims have a ‘form’ and a ‘matter’, which prompt reconfiguring of the categorical imperative into different formulae in order to test the morality of a maxim. (shrink)

The original scheme for compensating victims of crime was introduced as an entitlement, and later codified into law so as to establish a legal right. The result has been the opposite: qualification for compensation has been made so conditional, that a right enjoyed by victims has been made into a narrowly drawn entitlement. The following describes the prior scheme, the current statutory scheme, surveys unintended and quantitative effects the change have caused, and discusses how changes to the scheme have, in (...) effect, changed a right into an entitlement. (shrink)

The International Criminal Court was established by the Rome Statue in 1998, and began operating in 2002, to the widespread applause in the international community. Under the post‐UN Charter multilateral system, the ICC’s formation was a welcomed extension of the UN Security Council’s reach, as part of the new supra‐state legal order whereby consenting states hold certain criminal acts arising to a scale of severity—crimes of scale—unacceptable by all. Yet, in its near 19‐year history, it remains unclear whether the ICC (...) is effective. This lack of clarity is in part attributable to divergent and elusive approaches to defining and measuring effectiveness, and the strong views by ICC proponents and detractors who find dispositive evidence for held views through myriad means. What follows is a discussion of different ways ICC effectiveness is defined and measured, the existing conflicting evidence on its effectiveness, and additional considerations required to form a conclusive opinion. I conclude that the most telling measure of ICC effectiveness is its ability to deter crimes of scale, and that on that measure, the ICC is thus far ineffective. (shrink)

I propose to take a more proximate and micro-contextual approach to the history of cultural psychology, by focusing on the 1960s. In this historical snapshot, Jerome Bruner emerges as a consummate experimental scientist, organizer of scientific knowledge, and entrepreneur in education. Looking ahead, his work continued to evolve: from perceptual readiness and values in perception (1950s) to thinking and educational psychology (1960s). Then came developmental psychology and spiral curriculum (1970s), language as social interaction (1980s), the narrative turn to meaning (1990s), (...) and legal psychology (2000s). His scientific biography resembles a prism, refracting myriad persons and cultures in which he moved. Within that context it is possible to trace several pathways to cultural psychology. (shrink)

Researchers often lack the necessary data to credibly estimate racial discrimination in policing. In particular, police administrative records lack information on civilians police observe but do not investigate. In this article, we show that if police racially discriminate when choosing whom to investigate, analyses using administrative records to estimate racial discrimination in police behavior are statistically biased, and many quantities of interest are unidentified—even among investigated individuals—absent strong and untestable assumptions. Using principal stratification in a causal mediation framework, we derive (...) the exact form of the statistical bias that results from traditional estimation. We develop a bias-correction procedure and nonparametric sharp bounds for race effects, replicate published findings, and show the traditional estimator can severely underestimate levels of racially biased policing or mask discrimination entirely. We conclude by outlining a general and feasible design for future studies that is robust to this inferential snare. (shrink)

2015 Reprint of 1956 Printing. Full facsimile of the original edition. Not reproduced with Optical Recognition Software. Cybernetics is here defined as "the science of control and communication, in the animal and the machine"-in a word, as the art of steersmanship; and this book will interest all who are interested in cybernetics, communication theory and methods for regulation and control. W. Ross Ashby (1903-1972) was an English psychiatrist and a pioneer in cybernetics, the study of complex systems. His two books, (...) "Design for a Brain" and "An Introduction to Cybernetics," were landmark works. They introduced exact and logical thinking into the nascent discipline and were highly influential. Contents include: What is new -- Change -- The Determinate Machine -- The Machine with Input -- Stability -- The Black Box -- Quantity of Variety -- Transmission of Variety -- Incessant Transmission -- Regulation in Biological Systems -- Requisite Variety -- The Error-controlled Regulator -- Regulating the Very Large System -- Amplifying Regulation. (shrink)

This essay considers what it means to understand natural language and whether a computer running an artificial-intelligence program designed to understand natural language does in fact do so. It is argued that a certain kind of semantics is needed to understand natural language, that this kind of semantics is mere symbol manipulation (i.e., syntax), and that, hence, it is available to AI systems. Recent arguments by Searle and Dretske to the effect that computers cannot understand natural language are discussed, and (...) a prototype natural-language-understanding system is presented as an illustration. (shrink)

A uniform theory of conditionals is one which compositionally captures the behavior of both indicative and subjunctive conditionals without positing ambiguities. This paper raises new problems for the closest thing to a uniform analysis in the literature (Stalnaker, Philosophia, 5, 269–286 (1975)) and develops a new theory which solves them. I also show that this new analysis provides an improved treatment of three phenomena (the import-export equivalence, reverse Sobel-sequences and disjunctive antecedents). While these results concern central issues in the study (...) of conditionals, broader themes in the philosophy of language and formal semantics are also engaged here. This new analysis exploits a dynamic conception of meaning where the meaning of a symbol is its potential to change an agent’s mental state (or the state of a conversation) rather than being the symbol’s content (e.g. the proposition it expresses). The analysis of conditionals is also built on the idea that the contrast between subjunctive and indicative conditionals parallels a contrast between revising and consistently extending some body of information. (shrink)

There are many branches of philosophy called “the philosophy of X,” where X = disciplines ranging from history to physics. The philosophy of artificial intelligence has a long history, and there are many courses and texts with that title. Surprisingly, the philosophy of computer science is not nearly as well-developed. This article proposes topics that might constitute the philosophy of computer science and describes a course covering those topics, along with suggested readings and assignments.

In this reply to James H. Fetzer’s “Minds and Machines: Limits to Simulations of Thought and Action”, I argue that computationalism should not be the view that (human) cognition is computation, but that it should be the view that cognition (simpliciter) is computable. It follows that computationalism can be true even if (human) cognition is not the result of computations in the brain. I also argue that, if semiotic systems are systems that interpret signs, then both humans and computers are (...) semiotic systems. Finally, I suggest that minds can be considered as virtual machines implemented in certain semiotic systems, primarily the brain, but also AI computers. In doing so, I take issue with Fetzer’s arguments to the contrary. (shrink)

John Searle once said: "The Chinese room shows what we knew all along: syntax by itself is not sufficient for semantics. (Does anyone actually deny this point, I mean straight out? Is anyone actually willing to say, straight out, that they think that syntax, in the sense of formal symbols, is really the same as semantic content, in the sense of meanings, thought contents, understanding, etc.?)." I say: "Yes". Stuart C. Shapiro has said: "Does that make any sense? Yes: Everything (...) makes sense. The question is: What sense does it make?" This essay explores what sense it makes to say that syntax by itself is sufficient for semantics. (shrink)

Review of Joseph Y. Halpern (ed.), Theoretical Aspects of Reasoning About Knowledge: Proceedings of the 1986 Conference (Los Altos, CA: Morgan Kaufmann, 1986),.