Unlike the first English translation in 1974, this edition contains the text corresponding to Brentano's original 1874 edition.

Practical Reason and Norms focuses on three problems: In what way are rules normative, and how do they differ from ordinary reasons? What makes normative systems systematic? What distinguishes legal systems, and in what consists their normativity? All three questions are answered by taking reasons as the basic normative concept, and showing the distinctive role reasons have in every case, thus paving the way to a unified account of normativity. Rules are a structure of reasons to perform the required act (...) and an exclusionary reason not to follow some competing reasons. Exclusionary reasons are explained, and used to unlock the secrets of orders, promises, and decisions as well as rules. Games are used to exemplify normative systems. Inevitably, the analysis extends to some aspects of normative discourse, which is truth-apt, but with a diminished assertoric force. (shrink)

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

John Austin's classic work that has had a profound influence on the study of English and American law presents Austin's distinction between "positive law" (i.e.

Could an artificial intelligence become a legal person? As of today, this question is only theoretical. No existing computer program currently possesses the sort of capacities that would justify serious judicial inquiry into the question of legal personhood. The question is nonetheless of some interest. Cognitive science begins with the assumption that the nature of human intelligence is computational, and therefore, that the human mind can, in principle, be modelled as a program that runs on a computer. Artificial intelligence (AI) (...) research attempts to develop such models. But even as cognitive science has displaced behavioralism as the dominant paradigm for investigating the human mind, fundamental questions about the very possibility of artificial intelligence continue to be debated. This Essay explores those questions through a series of thought experiments that transform the theoretical question whether artificial intelligence is possible into legal questions such as, "Could an artificial intelligence serve as a trustee?" What is the relevance of these legal thought experiments for the debate over the possibility of artificial intelligence? A preliminary answer to this question has two parts. First, putting the AI debate in a concrete legal context acts as a pragmatic Occam's razor. By reexamining positions taken in cognitive science or the philosophy of artificial intelligence as legal arguments, we are forced to see them anew in a relentlessly pragmatic context. Philosophical claims that no program running on a digital computer could really be intelligent are put into a context that requires us to take a hard look at just what practical importance the missing reality could have for the way we speak and conduct our affairs. In other words, the legal context provides a way to ask for the "cash value" of the arguments. The hypothesis developed in this Essay is that only some of the claims made in the debate over the possibility of AI do make a pragmatic difference, and it is pragmatic differences that ought to be decisive. Second, and more controversially, we can view the legal system as a repository of knowledge-a formal accumulation of practical judgments. The law embodies core insights about the way the world works and how we evaluate it. Moreover, in common-law systems judges strive to decide particular cases in a way that best fits the legal landscape-the prior cases, the statutory law, and the constitution. Hence, transforming the abstract debate over the possibility of AI into an imagined hard case forces us to check our intuitions and arguments against the assumptions that underlie social decisions made in many other contexts. By using a thought experiment that explicitly focuses on wide coherence, we increase the chance that the positions we eventually adopt will be in reflective equilibrium with our views about related matters. In addition, the law embodies practical knowledge in a form that is subject to public examination and discussion. Legal materials are published and subject to widespread public scrutiny and discussion. Some of the insights gleaned in the law may clarify our approach to the artificial intelligence debate. (shrink)

On the surface, it seems intuitively plausible that if an agent luckily manages to perform a desired action (e.g., rolling a six with a fair die or winning the lottery), the performance of which is not the result of any relevant skill on her part, we should not say that she performed the action intentionally. This intuition suggests that our concept of intentional action is sensitive to considerations of skill, luck, and causal control. Indeed, some philosophers have claimed that in (...) order for an action to be performed intentionally it must be performed with a relevant amount of skill or control - i.e., an intentional action cannot simply be the result of luck. On this view, skill and control are necessary conditions of our everyday concept of intentional action. In this essay, I discuss empirical evidence that challenges this claim. After briefly setting the stage, I examine Al Mele and Paul Moser's thorough analysis of intentional action - paying particular attention to some of the interesting scenarios they offer in support of their position. Next, I discuss the results of some simple psychological experiments that show that people's judgments concerning whether actions are intentional can often be affected by the moral features of these actions - features that may trump considerations of skill, luck, and control. Finally, I conclude that if this is correct, philosophers who claim that skill and control are necessary conditions of the folk concept of intentional action appear to be mistaken. One can test attempted philosophical analyses of intentional action partly by ascertaining whether what these analyses entail about particular actions is in line with what the majority of non-specialists would say about these actions if there is a widely shared concept of intentional action, such judgments provide evidence about what the concept is, and a philosophical analysis of intentional action that is wholly unconstrained by that concept runs the risk of having nothing more than a philosophical fiction as its subject matter. (Mele, 2001, p. 27). (shrink)

Artificial agents (AAs), particularly but not only those in Cyberspace, extend the class of entities that can be involved in moral situations. For they can be conceived of as moral patients (as entities that can be acted upon for good or evil) and also as moral agents (as entities that can perform actions, again for good or evil). In this paper, we clarify the concept of agent and go on to separate the concerns of morality and responsibility of agents (most (...) interestingly for us, of AAs). We conclude that there is substantial and important scope, particularly in Computer Ethics, for the concept of moral agent not necessarily exhibiting free will, mental states or responsibility. This complements the more traditional approach, common at least since Montaigne and Descartes, which considers whether or not (artificial) agents have mental states, feelings, emotions and so on. By focussing directly on mind-less morality we are able to avoid that question and also many of the concerns of Artificial Intelligence. A vital component in our approach is the Method of Abstraction for analysing the level of abstraction (LoA) at which an agent is considered to act. The LoA is determined by the way in which one chooses to describe, analyse and discuss a system and its context. The Method of Abstraction is explained in terms of an interface or set of features or observables at a given LoA. Agenthood, and in particular moral agenthood, depends on a LoA. Our guidelines for agenthood are: interactivity (response to stimulus by change of state), autonomy (ability to change state without stimulus) and adaptability (ability to change the transition rules by which state is changed) at a given LoA. Morality may be thought of as a threshold defined on the observables in the interface determining the LoA under consideration. An agent is morally good if its actions all respect that threshold; and it is morally evil if some action violates it. That view is particularly informative when the agent constitutes a software or digital system, and the observables are numerical. Finally we review the consequences for Computer Ethics of our approach. In conclusion, this approach facilitates the discussion of the morality of agents not only in Cyberspace but also in the biosphere, where animals can be considered moral agents without their having to display free will, emotions or mental states, and in social contexts, where systems like organizations can play the role of moral agents. The primary cost of this facility is the extension of the class of agents and moral agents to embrace AAs. (shrink)

The thirty-five chapters in this book describe various judgmental heuristics and the biases they produce, not only in laboratory experiments but in important...

Four experiments examined people’s folk-psychological concept of intentional action. The chief question was whether or not _evaluative _considerations — considerations of good and bad, right and wrong, praise and blame — played any role in that concept. The results indicated that the moral qualities of a behavior strongly influence people’s judgements as to whether or not that behavior should be considered ‘intentional.’ After eliminating a number of alternative explanations, the author concludes that this effect is best explained by the hypothesis (...) that evaluative considerations do play some role in people’s concept of intentional action.<b> </b>. (shrink)

wide variety of things. It covers the capacity to carry out deductive inferences, to make.

When perceiving, explaining, or criticizing human behavior, people distinguish between intentional and unintentional actions. To do so, they rely on a shared folk concept of intentionality. In contrast to past speculative models, this article provides an empirically-based model of this concept. Study 1 demonstrates that people agree substantially in their judgments of intentionality, suggesting a shared underlying concept. Study 2 reveals that when asked to directly define the term intentional, people mention four components of intentionality: desire, belief, intention, and awareness. (...) Study 3 confirms the importance of a fifth component, namely, skill. In light of these findings, the authors propose a model of the folk concept of intentionality and provide a further test in Study 4. The discussion compares the proposed model to past ones and examines its implications for social perception, attribution, and cognitive development. (shrink)

In this collection of essays we hear from an international array of computer and brain scientists who are actively working from both the machine and human ends...

What psychological and philosophical significance should we attach to recent efforts at computer simulations of human cognitive capacities? In answering this question, I find it useful to distinguish what I will call "strong" AI from "weak" or "cautious" AI. According to weak AI, the principal value of the computer in the study of the mind is that it gives us a very powerful tool. For example, it enables us to formulate and test hypotheses in a more rigorous and precise fashion. (...) But according to strong AI, the computer is not merely a tool in the study of the mind; rather, the appropriately programmed computer really is a mind, in the sense that computers given the right programs can be literally said to. (shrink)

"This is an important book, and no one interested in issues which touch on the free will will want to ignore it."--Ethics. In this stimulating and thought-provoking book, the author defends the thesis that free will is incompatible with determinism. He disputes the view that determinism is necessary for moral responsbility. Finding no good reason for accepting determinism, but believing moral responsiblity to be indubitable, he concludes that determinism should be rejected.

It is my view that one essential difference between persons and other creatures is to be found in the structure of a person's will. Besides wanting and choosing and being moved to do this or that, men may also want to have certain desires and motives. They are capable of wanting to be different, in their preferences and purposes, from what they are. Many animals appear to have the capacity for what I shall call "first-order desires" or "desires of the (...) first order," which are simply desires to do or not to do one thing or another. No animal other than man, however, appears to have the capacity for reflective self-evaluation that is manifested in the formation of second-order desires. (shrink)

Linking the process of rational decision making to emotions, an award-winning scientist who has done extensive research with brain-damaged patients notes the dependence of thought processes on feelings and the body's survival-oriented regulators. 50,000 first printing.

In this volume, thirteen philosophers contribute new essays analyzing the criteria for personal identity and their import on ethics and the theory of action: it ...

This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

This article described three heuristics that are employed in making judgements under uncertainty: representativeness, which is usually employed when people are asked to judge the probability that an object or event A belongs to class or process B; availability of instances or scenarios, which is often employed when people are asked to assess the frequency of a class or the plausibility of a particular development; and adjustment from an anchor, which is usually employed in numerical prediction when a relevant value (...) is available. These heuristics are highly economical and usually effective, but they lead to systematic and predictable errors. A better understanding of these heuristics and of the biases to which they lead could improve judgements and decisions in situations of uncertainty. (shrink)

Robert Kane provides a critical overview of debates about free will of the past half century, relating this recent inquiry to the broader history of the free will issue and to vital currents of twentieth century thought. Kane also defends a traditional libertarian or incompatibilist view of free will, employing arguments that are both new to philosophy and that respond to contemporary developments in physics and biology, neuro science, and the cognitive and behavioral sciences.

The modern state claims supreme authority over the lives of all its citizens. Drawing together political philosophy, jurisprudence, and public choice theory, this book forces the reader to reconsider some basic assumptions about the authority of the state. Various popular and influential theories - conventionalism, contractarianism, and communitarianism - are assessed by the author and found to fail. Leslie Green argues that only the consent of the governed can justify the state's claims to authority. While he denies that there is (...) a general obligation to obey the law, he nonetheless rejects philosophical anarchism and defends civility - the willingness to tolerate some imperfection in institutions - as a political virtue. (shrink)

The objective of this book is to produce a theory of rational decision making for realistically resource-bounded agents. My interest is not in “What should I do if I were an ideal agent?”, but rather, “What should I do given that I am who I am, with all my actual cognitive limitations?” The book has three parts. Part One addresses the question of where the values come from that agents use in rational decision making. The most comon view among philosophers (...) is that they are based on preferences, but I argue that this is computationally impossible. I propose an alternative theory somewhat reminiscent of Bentham, and explore how human beings actually arrive at values and how they use them in decision making. Part Two investigates the knowledge of probability that is required for decision-theoretic reasoning. I argue that subjective probability makes no sense as applied to realistic agents. I sketch a theory of objective probability to put in its place. Then I use that to define a variety of causal probability and argue that this is the kind of probability presupposed by rational decision making. So what is to be defended is a variety of causal decision theory. Part Three explores how these values and probabilities are to be used in decision making. In chapter eight, it is argued first that actions cannot be evaluated in terms of their expected values as ordinarily defined, because that does not take account of the fact that a cognizer may be unable to perform an action, and may even be unable to try to perform it. An alternative notion of “expected utility” is defined to be used in place of expected values. In chapter nine it is argued that individual actions cannot be the proper objects of decision-theoretic evaluation. We must instead choose plans, and select actions indirectly on the grounds that they are prescribed by the plans we adopt. However, our objective cannot be to find plans with maximal expected utilities. Plans cannot be meaningfully compared in that way. (shrink)

This new volume in the acclaimed Oxford Readings in Philosophy sereis offers a selection of the most important philosophical work being done in the new and fast-growing interdisciplinary area of artificial life. Artificial life research seeks to synthesize the characteristics of life by artificial means, particularly employing computer technology. The essays here explore such fascinating themes as the nature of life, the relation between life and mind, and the limits of technology.

In this volume, thirteen philosophers contribute new essays analyzing the criteria for personal identity and their import on ethics and the theory of action: it presents contemporary treatments of the issues discussed in Personal Identity, edited by John Perry (University of California Press, 1975).

Emotions involve complex processes produced by interactions between motives, beliefs, percepts, etc. E.g. real or imagined fulfilment or violation of a motive, or triggering of a 'motive-generator', can disturb processes produced by other motives. To understand emotions, therefore, we need to understand motives and the types of processes they can produce. This leads to a study of the global architecture of a mind. Some constraints on the evolution of minds are disussed. Types of motives and the processes they generate are (...) sketched. (shrink)

"Its publication should be a major event for cognitive linguistics and should pose a major challenge for cognitive science. In addition, it should have repercussions in a variety of disciplines, ranging from anthropology and psychology to epistemology and the philosophy of science.... Lakoff asks: What do categories of language and thought reveal about the human mind? Offering both general theory and minute details, Lakoff shows that categories reveal a great deal."—David E. Leary, American Scientist.

Should we in the moral community accept the modern business corporation as one of us? French answers 'yes'. In this book, French investigates the metaphysical foundations of the application of our established moral principles to corporations as moral persons.

_In Defense of Anarchism_ is a 1970 book by the philosopher Robert Paul Wolff, in which the author defends individualist anarchism. He argues that individual autonomy and state authority are mutually exclusive and that, as individual autonomy is inalienable, the moral legitimacy of the state collapses.

I found the JCS issue on Machine Consciousness, Volume 10, No. 4-5 , frustrating and alienating. There seems to be a consensus building that consciousness is accessible to scientific scrutiny, so much so that it is already understood well enough to be modeled and even synthesized. I'm not so sure. It could be instead that the vocabulary of consciousness is being subtly redefined to be amenable to scientific investigation and explicit modeling. Such semantic revisionism is confusing and often misleading. Whatever (...) else consciousness is, it is at least a certain quality of life apparent from personal reflection. Introspection is, after all, the only way we know that consciousness even exists. Scientific and technical redefinitions that fail to account for its phenomenal quality are at best incomplete. In my view, all but one of the ten articles in the JCS volume on Machine Consciousness commit various degrees of Protean distortion. (shrink)