We explore the relationship between jurisprudential theories pertaining to the nature of law and semantic and metasemantic theories pertaining to the meaning of ‘law’ in the wake of Dworkin’s notorious Semantic Sting argument in Law’s Empire (HUP 1986). Along the way we delineate various aspects of the semantic and metasemantic underpinnings of ‘law’ as an artifact term and advance the general methodological point that jurisprudential inquiry is only negligibly constrained by the findings of semantic and metasemantic inquiry.

Panpsychism is an eminently sensible view of the world and its relation to mind. If God is a metaphysician, and regardless of the actual truth or falsity of panpsychism, it is certain that he regards the theory as an honest and elegant competitor on the field of ontologies. And if God didn’t create a panpsychist world, then there’s a fair chance that he wishes he had done so, or will do next time around. The difficulties panpsychism faces, then, are not (...) metaphysical ones. They are, instead, difficulties of understanding, and of acceptance by philosophers. The main difficulty of this sort the theory faces is that its ontology – with consciousness in some sense at the heart of all that exists1 – is deemed too bizarre, frankly, too humano-centric to be taken seriously. Why should anyone think that consciousness, widely held to be the preserve only of ourselves, plus the most recently evolved organisms, infuses the basement level of all existence? Such a thought seems to many – especially, to scientifically scrupled philosophers of mind – a narcissistic (or at best hopelessly anti-realist) folly, which doesn’t even deserve its day in court. Panpsychism.. (shrink)

There is no Argument that the Mind Extends On the basis of two argumentative examples plus their 'parity principle', Clark and Chalmers argue that mental states like beliefs can extend into the environment. I raise two problems for the argument. The first problem is that it is more difficult than Clark and Chalmers think to set up the Tetris example so that application of the parity principle might render it a case of extended mind. The second problem is that, even (...) when appropriate versions of the argumentative examples can be constructed, the availability of a second, internalist parity principle precludes the possibility of inferring that the mind extends. Choosing which parity principle we ought to wield would involve deciding beforehand whether or not the mind can extend. Thus Clark and Chalmers beg the question by employing their parity principle rather than the internalist one. I conclude that they fail to provide a proper argument to support the extended mind thesis. (shrink)

According to the knowledge argument, physicalism fails because when physically omniscient Mary first sees red, her gain in phenomenal knowledge involves a gain in factual knowledge. Thus not all facts are physical facts. According to the ability hypothesis, the knowledge argument fails because Mary only acquires abilities to imagine, remember and recognise redness, and not new factual knowledge. I argue that reducing Mary’s new knowledge to abilities does not affect the issue of whether she also learns factually: I show that (...) gaining specific new phenomenal knowledge is required for acquiring abilities of the relevant kind. Phenomenal knowledge being basic to abilities, and not vice versa, it is left an open question whether someone who acquires such abilities also learns something factual. The answer depends on whether the new phenomenal knowledge involved is factual. But this is the same question we wanted to settle when first considering the knowledge argument. The ability hypothesis, therefore, has offered us no dialectical progress with the knowledge argument, and is best forgotten. (shrink)

Donald T. Campbell outlines an epistemological theory that attempts to be faithful to evolution through natural selection. He takes his position to be consistent with that of Karl R. Popper, whom he credits as the primary advocate of his day for natural selection epistemology. Campbell writes that neither he nor Popper want to give up the goal of objectivity or objective truth, in spite of their evolutionary epistemology. In discussing the conflict between an epistemology based on natural selection and objective (...) truth, Campbell cites an article by the German sociologist and philosopher Georg Simmel entitled 'On a Connection of Selection Theory to Epistemology', as presenting the issue in a notably forthright manner.The present essay summarizes Simmel's article, with the purpose of clarifying, in terms that Campbell apparently finds satisfactory, the conflict that Campbell acknowledges between an evolutionary epistemology and ultimate truth; the essay then examines the responses of Campbell and Popper to Simmel's position. While Campbell and Popper acknowledge the work of Simmel, their responses suggest something less than a full consideration of Simmel's position. (shrink)

When the benefits of surgery do not outweigh the harms or where they do not clearly do so, surgical interventions become morally contested. Cutting to the Core examines a number of such surgeries, including infant male circumcision and cutting the genitals of female children, the separation of conjoined twins, surgical sex assignment of intersex children and the surgical re-assignment of transsexuals, limb and face transplantation, cosmetic surgery, and placebo surgery.

Similarity and difference, patterns of variation, consistency and coherence: these are the reference points of the philosopher. Understanding experience, exploring ideas through particular instantiations, novel and innovative thinking: these are the reference points of the artist. However, at certain points in the proceedings of our Symposium titled, Next to Nothing: Art as Performance, this characterisation of philosopher and artist respectively might have been construed the other way around. The commentator/philosophers referenced their philosophical interests through the particular examples/instantiations created by the (...) artist and in virtue of which they were then able to engage with novel and innovative thinking. From the artists’ presentations, on the other hand, emerged a series of contrasts within which philosophical and artistic ideas resonated. This interface of philosopher-artist bore witness to the fact that just as art approaches philosophy in providing its own analysis, philosophy approaches art in being a co-creator of art’s meaning. In what follows, we discuss the conception of philosophy-art that emerged from the Symposium, and the methodological minimalism which we employed in order to achieve it. We conclude by drawing out an implication of the Symposium’s achievement which is that a counterpoint to Institutional theories of art may well be the point from which future directions will take hold, if philosophy-art gains traction. (shrink)

The views of John Dewey and Kurt Vonnegut are often criticized for opposite reasons: Dewey’s philosophy is said to be naively optimistic while Vonnegut’s work is read as cynical. The standard debates over the views of the two thinkers cause readers to overlook the similarities in the way each approaches tragic experience. This paper examines Dewey’s philosophic account of time and meaning and Vonnegut’s use of time travel in his autobiographical novel Slaughterhouse-Five to illustrate these similarities. This essay demonstrates how (...) both Dewey and Vonnegut embrace the ameliorative possibilities of art for preserving individuality and meaning in the face of tragic experience. (shrink)

US Senate is considering legislation designed to immunize small businesses from lawsuits brought by customers alleging to have been infected with COVID-19 while on the premises. The legislation seeks to subsidize reopening small businesses by reducing their vulnerability to liability. I argue that the legislation produces worse public health outcomes than existing liability regimes, obliterates claims to redress supported by corrective justice, and unfairly burdens victims by forcing them to become de facto insurers of their injurers. In the US, where (...) health insurance is inextricably linked with employment, and during the pandemic with the consequent loss of employment, the legislation is cruel in addition to being ineffective, unjust, unfair and inappropriate. Since I first uploaded this manuscript to Philpapers, Senate Republicans have in fact introduced specific legislation that is marginally different than the one I discuss in the manuscript. Instead of offering blanket immunity, the current Republican proposal offers a series of substantial barriers both to filing lawsuits and to securing a successful verdict at trial. I discuss these as an addendum to the main paper. In short, though the changes impact some features of my argument, they do not alter any of the conclusions. The current proposal produces worse public health outcomes than would existing tort regime; it leaves the vast majority of those with legitimate claims to repair in corrective justice without a remedy, when providing the opportunity to secure a remedy for wrongs is in large measure, the essential nature of tort liability. Worse still, it continues to render victims the de facto insurers of those who have wronged them; it imposes the burden of spreading risks on victims who are considerably less efficient risk spreaders than are businesses and hospitals; it constitutes an inappropriate response to the challenge it seeks to address, i.e. subsidizing various sectors of the economy by reducing their overall costs; and given the fact that in the US health insurance is too closely linked to employment, it shifts the costs of the pandemic to those who are most at risk of losing their health insurance, rendering the proposal cruel in addition to inefficient, unjust, unfair and inappropriate. For those interested, I am considering a short op-ed piece assessing the particular legislative proposal. If I follow through I will let the readership know where that can be found. (shrink)

Chalmers has provided a dilemmatic master argument against all forms of the phenomenal concept strategy. This paper explores a position that evades Chalmers's argument, dubbed Type Bb: it is for Type B physicalists who embrace horn b of Chalmers's dilemma. The discussion concludes that Chalmers fails to show any incoherence in the position of a Type B physicalist who depends on the phenomenal concept strategy.

Richard Rorty has argued that Donald Davidson can be classified as a neopragmatist. To this end, Rorty has tried to show that Davidson's views share important similarities with those of Peirce, James, and Dewey. Davidson, for his part, has tended to resist Rorty's attempts to classify his views in this way. Interestingly, the reasons for Rorty's classification and the reasons for Davidson's resistance share a common trait: an appeal to the elimination of the dualism of conceptual scheme and experiential content (...) on the basis of an assumed background of shared beliefs. According to Rorty, Davidson's background of shared beliefs is closely related to the notion of funded experience found in those thinkers often. (shrink)

There is a traditional interpretation of the work of Ralph Waldo Emerson that portrays him as a champion of nature, wilderness, or country life and an opponent of the city, technology, or urban life. Such a view, though, neglects the role of human activity in the universe as Emerson saw it. Furthermore, this view neglects the proper relation between soul and nature in the universe and risks entailing a philosophy of materialism--an unacceptable position for Emerson. An examination of Emerson's philosophy (...) will show that it is not fundamentally hostile to urban life or technology, and that, in fact, an anti-urban position is opposed to the most central themes of Emerson's philosophical vision. (shrink)

My real position is that logic is a mere sub-branch of rhetoric, but in this paper I only try to show an area of overlap. Certain usages in logical work are metaphorical, and I argue that this has pernicious effects in a discipline assumed strictly literal. Among these pernicious effects are the bizarre and fruitless focus of philosophy of mathematics on the pseudo-problems of foundations and objects. I mostly examine the locution 'logical construction' and a range of associated metaphors. Some (...) sketchy remarks on the history of rhetoric are offered in explanation. (shrink)

American poet Ezra Pound wrote a letter on February 6, 1940, inviting American philosopher George Santayana to join poet T. S. Eliot and himself in writing “a volume . . . on the Ideal University, or The Proper Curriculum, or how it would be possible to educate and/or (mostly or) civilize the university student.” Santayana declined the invitation and claimed to have no ideas on the subject of education. Participation would have been morally impossible, he wrote, because unlike Pound and (...) Eliot, whom he regarded as “reformers, full of prophetic zeal and faith in the Advent of the Lord.” Santayana was “cynically content to let people educate or neglect themselves as they may prefer.”. (shrink)

According to Larry Hickman, John Dewey’s general philosophical project of analyzing and critiquing human experience may be understood in terms of technological inquiry (Hickman 1990, 1). Following this, I contend that technology provides a model for Dewey’s analysis of language and meaning, and this analysis suggests a treatment of linguistic metaphor as a way of meeting new demands of experience with old tools of a known and understood language. An account of metaphor consistent with Dewey’s views on language and meaning (...) avoids a strict dualism of literal meaning and metaphorical meaning as well as the explanatory shortcomings of a nondualistic theory like that found in Donald Davidson’s well-known paper ”What Metaphors Mean” (1978).2 A Deweyan explanation of. (shrink)