This paper develops an account of the meaning of `ought', and the distinction between weak necessity modals (`ought', `should') and strong necessity modals (`must', `have to'). I argue that there is nothing specially ``strong'' about strong necessity modals per se: uses of `Must p' predicate the (deontic/epistemic/etc.) necessity of the prejacent p of the actual world (evaluation world). The apparent ``weakness'' of weak necessity modals derives from their bracketing whether the necessity of the prejacent is verified in the actual world. (...) `Ought p' can be accepted without needing to settle that the relevant considerations (norms, expectations, etc.) that actually apply verify the necessity of p. I call the basic account a modal-past approach to the weak/strong necessity modal distinction (for reasons that become evident). Several ways of implementing the approach in the formal semantics/pragmatics are critically examined. The account systematizes a wide range of linguistic phenomena: it generalizes across flavors of modality; it elucidates a special role that weak necessity modals play in discourse and planning; it captures contrasting logical, expressive, and illocutionary properties of weak and strong necessity modals; and it sheds light on how a notion of `ought' is often expressed in other languages. These phenomena have resisted systematic explanation. In closing I briefly consider how linguistic inquiry into differences among necessity modals may improve theorizing on broader philosophical issues. (shrink)

This chapter develops an account of the meaning and use of various types of legal claims, and uses this account to inform debates about the nature and normativity of law. The account draws on a general framework for implementing a contextualist theory, called 'Discourse Contextualism' (Silk 2016). The aim of Discourse Contextualism is to derive the apparent normativity of claims of law from a particular contextualist interpretation of a standard semantics for modals, along with general principles of interpretation and conversation. (...) Though the semantics is descriptivist, it avoids Dworkin’s influential criticism of so-called “semantic theories of law,” and elucidates the nature of “theoretical disagreements” about the criteria of legal validity. The account sheds light on the social, interpersonal function of normative uses of language in legal discourse. It also gives precise expression to Hart’s and Raz’s intuitive distinctions among types of legal claims (internal/external, committed/detached), while giving them a uniform type of analysis. The proposed semantics and pragmatics of legal claims provides a fruitful framework for further theorizing about the nature and metaphysics of law, the relation between law and morality, and the apparent practical character of legal language and judgment. Discourse Contextualism provides a solid linguistic basis for a broader account of legal discourse and practice. (shrink)

The program put forward in von Wright's last works defines deontic logic as ``a study of conditions which must be satisfied in rational norm-giving activity'' and thus introduces the perspective of logical pragmatics. In this paper a formal explication for von Wright's program is proposed within the framework of set-theoretic approach and extended to a two-sets model which allows for the separate treatment of obligation-norms and permission norms. The three translation functions connecting the language of deontic logic with the language (...) of the extended set-theoretical approach are introduced, and used in proving the correspondence between the deontic theorems, on one side, and the perfection properties of the norm-set and the ``counter-set'', on the other side. In this way the possibility of reinterpretation of standard deontic logic as the theory of perfection properties that ought to be achieved in norm-giving activity has been formally proved. The extended set-theoretic approach is applied to the problem of rationality of principles of completion of normative systems. The paper concludes with a plaidoyer for logical pragmatics turn envisaged in the late phase of Von Wright's work in deontic logic. (shrink)

The aim of this paper is to introduce a system of dynamic deontic logic in which the main problems related to the de finition of deontic concepts, especially those emerging from a standard analysis of permission in terms of possibility of doing an action without incurring in a violation of the law, are solved. The basic idea is to introduce two crucial distinctions allowing us to differentiate (i) what is ideal with respect to a given code, which fixes the types (...) of action that are abstractly prescribed, and what is ideal with respect to the specific situation in which the agent acts, and (ii) the transitions associated with actions and the results of actions, which can obtain even without the action being performed. (shrink)

Imperatives cannot be true or false, so they are shunned by logicians. And yet imperatives can be combined by logical connectives: "kiss me and hug me" is the conjunction of "kiss me" with "hug me". This example may suggest that declarative and imperative logic are isomorphic: just as the conjunction of two declaratives is true exactly if both conjuncts are true, the conjunction of two imperatives is satisfied exactly if both conjuncts are satisfied—what more is there to say? Much more, (...) I argue. "If you love me, kiss me", a conditional imperative, mixes a declarative antecedent ("you love me") with an imperative consequent ("kiss me"); it is satisfied if you love and kiss me, violated if you love but don't kiss me, and avoided if you don't love me. So we need a logic of three -valued imperatives which mixes declaratives with imperatives. I develop such a logic. (shrink)

This paper examines distinctive discourse properties of preposed negative 'yes/no' questions (NPQs), such as 'Isn’t Jane coming too?'. Unlike with other 'yes/no' questions, using an NPQ '∼p?' invariably conveys a bias toward a particular answer, where the polarity of the bias is opposite of the polarity of the question: using the negative question '∼p?' invariably expresses that the speaker previously expected the positive answer p to be correct. A prominent approach—what I call the context-management approach, developed most extensively by Romero (...) and Han (2004)—attempts to capture speaker expectation biases by treating NPQs fundamentally as epistemic questions about the proper discourse status of a proposition. I raise challenges for existing context-managing accounts to provide more adequate formalizations of the posited context-managing content, its implementation in the compositional semantics and discourse dynamics, and its role in generating the observed biases. New data regarding discourse differences between NPQs and associated epistemic modal questions are introduced. I argue that we can capture the roles of NPQs in expressing speakers’ states of mind and managing the discourse common ground without positing special context-managing operators or treating NPQs as questions directly about the context. I suggest that we treat the operator introduced with preposed negation as having an ordinary semantics of epistemic necessity, though lexically associated with a general kind of endorsing use observed with modal expressions. The expressive and context-managing roles of NPQs are explained in terms of a general kind of discourse-oriented use of context-sensitive language. The distinctive expectation biases and discourse properties observed with NPQs are derived from the proposed semantics and a general principle of Discourse Relevance. (shrink)

We shall introduce a set of fundamental legal concepts, providing a definition of each of them. This set will include, besides the usual deontic modalities (obligation, prohibition and permission), the following notions: obligative rights (rights related to other’s obligations), permissive rights, erga-omnes rights, normative conditionals, liability rights, different kinds of legal powers, potestative rights (rights to produce legal results), result-declarations (acts intended to produce legal determinations), and sources of the law.

ABSTRACTThis paper examines Thomas Aquinas’ and John Duns Scotus’ respective views on the action-passion identity thesis. This thesis, which goes back to Aristotle, states that when an agent causes a change in a patient, then the agent’s causing of the change is identical to the patient’s undergoing of said change. Action and passion are, on this view, one and the same change in the patient, albeit under two distinct descriptions. The first part of the paper considers Aquinas’ defence of this (...) thesis. The second part discusses Scotus’ attack on this thesis. As this paper shows, Scotus argues, against Aquinas and other scholastics, that action and passion are discrete entities inhering in two distinct bearers: action in the agent and passion in the patient. (shrink)

What does it mean to intentionally not perform an action? Is it possible to not perform an action out of resistant intention? Is there sufficient language for talking about this kind of behavior in the social sciences? In this article, a nonnormative vocabulary of not doings including resistant intentional omissions is developed. Unlike concepts that describe official, overt, and public resistance, James Scott’s everyday resistance and Albert Hirschman’s exit have made it possible to talk about the resistant inactions of agents (...) in the social sciences. But in order to grasp the ordinariness of this kind of oppositional behavior, philosophy of intentional omissions is used. (shrink)

In 1880, when Oliver Wendell Holmes (later to be a Justice of the U.S. Supreme Court) criticized the logical theology of law articulated by Christopher Columbus Langdell (the first Dean of Harvard Law School), neither Holmes nor Langdell was aware of the revolution in logic that had begun, the year before, with Frege's Begriffsschrift. But there is an important element of truth in Holmes's insistence that a legal system cannot be adequately understood as a system of axioms and corollaries; and (...) this element of truth is not obviated by the more powerful logical techniques that are now available. (shrink)

The necessity to model the mental ingredients of norm compliance is a controversial issue within the study of norms. So far, the simulation-based study of norm emergence has shown a prevailing tendency to model norm conformity as a thoughtless behavior, emerging from social learning and imitation rather than from specific, norm-related mental representations. In this paper, the opposite stance—namely, a view of norms as hybrid, two-faceted phenomena, including a behavioral/social and an internal/mental side—is taken. Such a view is aimed at (...) accounting for the difference between norms, on one hand, and either behavioral regularities (conventions) on the other. This paper, in particular, is addressed to find out the internal ingredients required for the former distinction, i.e., to model norms as distinct from mere conventions, and defined as behaviors spreading to the extent that and because the corresponding commands and beliefs do spread as well. After a brief presentation of a normative agent architecture, the results of agent-based simulations testing the impact of norm recognition and the role of normative beliefs in the emergence and innovation of social norms are presented and discussed. More specifically, the present work will endeavour to show that a sudden external constraint (e.g. a barrier preventing agents from moving among social settings) facilitates norm innovation: under such a condition, agents provided with a module for telling what a norm is can generate new (social) norms by forming new normative beliefs, irrespective of the most frequent actions. (shrink)

In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyond harm that might be sufficiently serious to justify criminalization. Instead, I focus on criminalization that is backed up with jail terms and I argue that wrongful harm to others provides the only moral and constitutional justification for sending people to jail. Imprisonment harms the prisoner, so she (...) should not be imprisoned unless she has caused proportionate harm to others. I argue that the sufficient conditions for sending an offender to jail are: (1) that the offender's actions have (or risk) bad consequences that are sufficiently harmful to make her commensurately deserving of penal detention; and (2) that the offender culpably (that is, with a state of mind somewhere along the intentional/reckless/gross negligence continuum) chose (aimed or attempted) to bring about those bad consequences or did so with reckless indifference. The lawmaker would need to demonstrate from the ex ante perspective that proposed offenses carrying jail sentences are a proportionate and fair way of dealing with the wrongs involved. Because jail (including short sentences of a few days) involves hard treatment (seriously harmful consequences for the prisoner) harm to others would be the only bad consequence of sufficient weight to justify a jail sentence. Jailing people for wrongful behavior that has harmless consequences would be an unjust and disproportionate response. In terms of understanding imprisonment (a physical deprivation of liberty) in the United States, it is better to refer to the Eighth Amendment of the Constitution than to the Due Process Clause. The Eighth Amendment, if read morally, could be invoked to strike down laws that carry prison sentences for wrongs that do not result in harm to others. This is because harming a person by subjecting her to the hard treatment that is involved in serving a jail term would be a disproportionate response unless the wrongdoer inflicted equivalent harm on others. I argue, that the Eighth Amendment should be interpreted in a way that accords with its overall moral aim or purpose. The Amendment's overall moral aim is to ensure that the state does not inflict unjust, oppressive, or disproportional punishments on its citizens. (shrink)

In this paper I shall give reasons for rejecting one type of analysis of the basic constituents of action, and reasons for preferring an alternative approach. I shall discuss the concept of basic action recently presented by Alvin Goldman, who gives an interesting version of the sort of analysis I wish to reject. Goldman agrees with Danto that bodily movements are basic actions, and his definition of ‘basic’ resembles Danto's fairly closely. What is new is a useful concept of level-generation (...) between actions, which Goldman uses both in his recursive definition of action and in his definition of a basic action, as one whose performance does not depend on level-generational knowledge. In brief, an action is an event which is level-generated by or capable of level-generating another action, and a basic action is one which is not level-generated by any other action. I shall examine this concept of level-generation, and point out incoherences I think endemic to views of this sort. In the last part of the paper I shall indicate the direction in which a more satisfactory account of basic action is to be sought. The criterion of basicness I shall sketch will select as basic actions not bodily movements, but a more interesting class of actions, and one whose demarcation can help us see the relation between actions and intentions, and the differences between intentions and other states of mind. (shrink)

In this paper I propose a way of characterizing human agency in terms of the concept of a two‐way power. I outline this conception of agency, defend it against some objections, and briefly indicate how it relates to free agency and to moral praise‐ and blameworthiness.

Normative systems have been advocated as an effective tool to regulate interaction in multi-agent systems. The use of deontic operators and the ability to represent defeasible information are known to be two fundamental ingredients to represent and reason about normative systems. In this paper, after introducing a framework that combines standard deontic logic and non-monotonic logic programming, deontic logic programs (DLP), we tackle the fundamental problem of equivalence between normative systems using a deontic extension of David Pearce’s Equilibrium Logic and (...) its monotonic basis, the logic of Here-and-There. We also show how deontic logic programs can be used to represent and reason about normative systems, and establish a strong connection with input-output logic. (shrink)

It is well known that systems of action deontic logic emerging from a standard analysis of permission in terms of possibility of doing an action without incurring in a violation of the law are subject to paradoxes. In general, paradoxes are acknowledged as such if we have intuitions telling us that things should be different. The aim of this paper is to introduce a paradox-free deontic action system by (i) identifying the basic intuitions leading to the emergence of the paradoxes (...) and (ii) exploiting these intuitions in order to develop a consistent deontic framework, where it can be shown why some phenomena seem to be paradoxical and why they are not so if interpreted in a correct way. (shrink)

In this paper, the set-theoretic approach in the logical theory of normative systems is extended using Broome’s definition of the normative code function. The syntax and semantics for first order metanormative language is defined, and metanormative language is applied in the formalization of the basic principles in Broome’s approach and in the construction of a logical typology of normative systems. Special attention is given to the types of normative systems which are not definable in terms of the properties of singular (...) sets of requirements (e.g. the realization equivalence of codes, the social compatibility of codes, and the compatibility of codes issued by different normative sources). Examples are given of the application of the typology in the interpretation of philosophical texts. Von Wright’s hypothesis on the connection of logical properties of normative systems, conceived set-theoretically, with standard deontic logic is proved by introducing the translation function between the metanormative language and the restricted language of standard deontic logic. The translation reveals that von Wright’s hypothesis must be appended. The problems of narrow and wide scope readings of the deontic conditionals and of the meaning of iterated deontic operators are addressed using the distinction between relative and absolute normative codes. The theorem on the existence of a realization equivalent absolute code for any relative code is proved. (shrink)

This work explores the hypothesis that natural language is a tool for changing a language user's state of mind and, more specifically, the hypothesis that a sentence's meaning is constituted by its characteristic role in fulfilling this purpose. This view contrasts with the dominant approach to semantics due to Frege, Tarski and others' work on artificial languages: language is first and foremost a tool for representing the world. Adapted to natural language by Davidson, Lewis, Montague, et. al. this dominant approach (...) has crystalized as truth-conditional semantics: to know the meaning of a sentence is to know the conditions under which that sentence is true. Chapter 1 details the animating ideas of my alternative approach and shows that the representational function of language can be understood in terms of the more general function of changing representational mental states. Chapters 2-4 argue that the additional resources of this more general conception of meaning allow us to explain certain phenomena involving conditionals and grammatical mood that truth-conditional semantics does not. In the analysis of these specific phenomena and the articulation of the general approach on offer, it emerges that this approach combines insights and benefits from both use-theoretic and truth-theoretic work on meaning. (shrink)

I believe that there are only a select few topics, which arouse a similar level of interest and curiosity among academics and laymen alike, as does the study of mind and brain. Although mind and brain have been capturing the attention of philosophers for centuries, it is the "scientific investigation" of age old philosophical queries by socalled cognitive scientists, which is distinctive of the developments of the last few decades and which, in times to come, may well be considered the (...) hallmark of the study of mind in the 20th and early 21st centuries. In the past, advances in the natural sciences underlay or boosted a plethora of developments in the technological, economic and political spheres that not only improved the standard of living and prolonged the average life span for a vast number of people, but also fuelled hopes that a new and improved understanding of the nature of man was also within reach. Despite all the benefits mankind derived from scientific and technological progress past and present, the success of the natural sciences also helped spread and foster a virulent and nowadays quasi-ubiquitous and unquestioned believe in the omnipotence of science and technology. In the context of the study of mind, in particular, it fostered the widespread conception that in order for an investigation leading to insight and understanding a "scientific" approach is a sine qua non. This thesis highlights the danger of such an approach. By investigating the framework of explanation adopted by cognitive scientists, the cognitive view, and by examining its inherent conceptions of mind and thought, it will be shown that the scientific, or rather scientistic, approach inherent in the views depicted above is highly questionable, and in the case of the study of mind and brain, does not further insight and understanding, but rather prevents it. In the 20th century, Ludwig Wittgenstein has been one of the few philosophers who recognized the fallaciousness of these ideas and who opposed the inherent scientism. His later philosophy, which provides the philosophical mise en scène for the following investigations, provides a much-needed antidote against the misconceptions common among cognitive scientists today. Although, many of the shortcomings of the ideas and views of cognitive scientists have, with a certain regularity, been discussed by philosophers working in the tradition of the later Wittgenstein their criticisms, more often than not, fell on deaf ears. I believe that one of the main reasons underlying the imperviousness of the community of cognitive scientists to the criticism of the kind of analytic philosophy inspired by the later Wittgenstein, is that it mainly focused on select misconceptions inherent in the cognitive view, but regularly failed to point out their place in the overall framework of thought for cognitive scientists. As a result, it was easy to dismiss these criticisms with excuses of the sort "but that does not bear any direct relevance to the work I do...". For this reason, this thesis aimed to portray and examine the cognitive view in its entirety, i.e. to depict the intricate interconnections existing between the premises that provide the foundation of the cognitive view, and to point out their disastrous consequences for our understanding not only of a select view aspects of mental phenomena, but to our understanding of the mind in its entirety. In order to provide such a "big picture", and to describe the numerous often very subtle interconnections between the various ideas making up the cognitive view in all their breadth and depth, a lot of well-trodden ground had to be revisited and reviewed. Thus, Anthony Kenny's and Peter Hackers' discussions of the mereological fallacy will provide the "base camp" from which we will visit less familiar aspects of the cognitive view via novel routes on our way to the peak of this "philosophical mountain". Where required, my indebtedness to the works of these philosophers will be highlighted throughout the text. (shrink)

Although widely used across psychology, economics, and philosophy, the concept ofeffort is rarely ever defined. This article argues that the time is ripe to look for anexplicit general definition of effort, makes some proposals about how to arrive at thisdefinition, and suggests that a force-based approach is the most promising. Section 1presents an interdisciplinary overview of some chief research axes on effort, and arguesthat few, if any, general definitions have been proposed so far. Section 2 argues thatsuch a definition is (...) now needed and proposes a basic methodology to arrive at it, whosefirst step is to make explicit the various tacit assumptions about effort made acrosssciences and ordinary thinking. Section 3 unearths 4 different conceptions of effortfrom research on effort so far:primitive-feelings accounts,comparator-based accounts,resource-based accountsandforce-based accounts. It is then argued that the first 2kinds of accounts, although interesting in their own right, are not strictly speaking abouteffort. Section 4 considers the 2 most promising general approaches to efforts: re-source-based and force-based accounts. It argues that these accounts are not only compatible but actually extensionally equivalent. This notwithstanding, it explains why force-based accounts should be regarded as more fundamental than resource-basedaccounts -/- . (shrink)