The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... The (...) effect emanating from the decision of a case affects the life of a person in many ways that at times has far reaching impact...When the law in question happens to be criminal law, it requires a cautious consideration to see how the interpretive tools used by judges affect the life of a litigant in ways both seen and unseen... Several areas concerning adjudication and judicial interpretation have been the subject matter of study. This paper includes a discussion on the principle of non- retrospectivity in light of judicial adjudication in criminal matters. (shrink)

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the (...) concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (shrink)

Apres avoir introduit les concepts de base de Fūdo, je propose une interpretation du texte problematisee autour du statut de la vegetation. Il s’agira de montrer pourquoi et comment la place que tient la vegetation joue un role mediateur fondamental en tant que principe de premiere importance, y compris et surtout ici pour la vie humaine decrite par Watsuji. Ce faisant, l’objectif est double. D’une part, montrer, a la suite d’Augustin Berque, la coherence de la visee mesologique initiale de l’auteur (...) en donnant un fondement theorique a ses exemples vegetaux. D’autre part, se recentrer sur le role mesologique de la vegetation permet de relativiser la place du climat et donc du determinisme environnemental souvent surevalues dans beaucoup de traductions et commentaires de Fūdo. (shrink)

The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a second, (...) "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments used in cases of (...) contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our (...) problems, when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. (...) If instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and (...) ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the statutory language was originally adopted in 1795, it was apparently read to address all children born outside of the United States proper, which would include those born in the Canal Zone. Patterns of historical usage, early interpretations of the citizenship statutes, contemporaneous expressions of the statutes' purpose, and the actual application of the statutes to cases analogous to McCain's all confirm this understanding. More recently, the acquisition of America's outlying possessions lent plausibility to new interpretations of the law. But because the key language was never altered between 1795 and 1936, its original meaning was preserved intact, making John McCain a U.S. citizen at birth. (This paper is still a work in progress; comments and suggestions are greatly appreciated.). (shrink)

Ernst Mach, le célèbre physicien autrichien, est principalement connu en épistémologie et en philosophie de la psychologie pour avoir été l’auteur d’une théorie de l’expérience sensible qui le positionna, aux côtés de William James, comme l’un des représentants de ce courant philosophique connu sous le nom de « monisme neutre ». L’un des développements les plus fructueux de cette théorie de l’expérience semble avoir été la psychologie de la forme, tant dans la version qu’en a livrée l’École de Graz que (...) l’École de Berlin. Or, le concept de Gestalt est en contradiction fagrante avec la théorie moniste défendue par Mach. Si, comme il le soutient, l’expérience est reconductible à une série d’éléments, et à eux seuls, elle ne peut alors ni supporter unmode de structuration interne, qui présiderait à l’organisation de l’ensemble articulé de ses parties élémentaires, ni manifester, comme en supplément d’elle-même, un élément qui viendrait se surajouter aux éléments sensibles qui la constituent. Toute psychologie de la forme est dualiste dans son principe car elle présuppose que l’expérience ne se sufft pas d’une seule catégorie de constituants sensibles. Ce paradoxe doctrinal relevé, quel statut est-il dès lors permis d’accorder à la théorie de l’expérience élaborée par Mach dans la généalogie de la Gestaltpsychologie ? -/- Mon intention dans cette étude est de défendre la thèse que, loin de s’exclure, le projet d’une analyse des sensations et la notion de Gestalt se complètent dans la théorie de l’expérience développée par Mach. Je soutiendrai l’idée que l’on retrouve chez Mach une conception de l’expérience sensible selon laquelle la perception s’oriente dans le fux des sensations grâce à un processus de reconnaissance d’entités « unes et indivisibles », que l’on pourrait considérer comme des entités de nature fgurale. Selon cette ligne interprétative, la notion de Gestalt constitue l’un des développements nécessaires de la théorie des sensations proposée par Mach. Mais nous verrons cependant en quoi l’approche de Mach se distingue des approches canoniques du concept de Gestalt. (shrink)

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, (...) we first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

The Affordable Care Act (ACA) may be the most important health law statute in American history, yet much of the most prominent legal scholarship examining it has focused on the merits of the court challenges it has faced rather than delving into the details of its priority-setting provisions. In addition to providing an overview of the ACA’s provisions concerning priority setting and their developing interpretations, this Article attempts to defend three substantive propositions. First, I argue that the ACA is neither (...) uniformly hostile nor uniformly friendly to efforts to set priorities in ways that promote cost and quality. Second, I argue that the ACA does not take a single, unified approach to priority setting; rather, its guidance varies depending on the aspect of the health care system at issue (Patient Centered Outcomes Research Institute, Medicare, essential health benefits) and the factors being excluded from priority setting (age, disability, life expectancy). Third, I argue that cost-effectiveness can be achieved within the ACA's constraints, but that doing so will require adopting new approaches to cost-effectiveness and priority setting. By limiting the use of standard cost-effectiveness analysis, the ACA makes the need for workable rivals to cost-effectiveness analysis a pressing practical concern rather than a mere theoretical worry. (shrink)

Cet article ne se veut pas un commentaire suivi de la réflexion de Wittgenstein sur les règles. Ce ne sera pas non plus un commentaire de l’interprétation que Kripke fait du « suivi de la règle » chez Wittgenstein. Il ne sera pas davantage une application des thèses de Wittgenstein ni une tentative d’application directe d’une interprétation de ces thèses à l’épistémologie de la simulation du vivant ; ce qui serait, en soi, d’ailleurs contestable. Ce travail vise seulement à approfondir (...) la réflexion sur le statut cognitif de la simulation informatique du vivant. À ce titre, qui est donc essentiellement épistémologique et ciblé, il se veut une suggestion d’interprétation conceptuelle de certaines formes de simulation informatique du vivant, suggestion elle-même adossée à une prolongation de certaines distinctions déjà effectuées par Wittgenstein et ses commentateurs au sujet des règles et de leur suivi. L’objectif est de chercher à voir si, par ce moyen, la simulation informatique du vivant, par contraste avec les pratiques plus traditionnelles de modélisation, ne pourrait pas être plus précisément expliquée et légitimée, dans ses apports épistémologiques, comme dans ses limites aussi. (shrink)

In discussions of state surveillance, the values of privacy and security are often set against one another, and people often ask whether privacy is more important than national security.2 I will argue that in one sense privacy is more important than national security. Just what more important means is its own question, though, so I will be more precise. I will argue that national security rationales cannot by themselves justify some kinds of encroachments on individual privacy (including some kinds that (...) the United States has conducted). Specifically, I turn my attention to a recent, well publicized, and recently amended statute (section 215 of the USA Patriot Act3), a surveillance program based on that statute (the National Security Agency’s bulk metadata collection program), and a recent change to that statute that addresses some of the public controversy surrounding the surveillance program (the USA Freedom Act).4 That process (a statute enabling surveillance, a program abiding by that statute, a public controversy, and a change in the law) looks like a paradigm case of law working as it should; but I am not so sure. While the program was plausibly legal, I will argue that it was morally and legally unjustifiable. Specifically, I will argue that the interpretations of section 215 that supported the program violate what Jeremy Waldron calls “legal archetypes,”5 and that changes to the law illustrate one of the central features of legal archetypes and violation of legal archetypes. The paper proceeds as follows: I begin in Part 1 by setting out what I call the “basic argument” in favor of surveillance programs. This is strictly a moral argument about the conditions under which surveillance in the service of national security can be justified. In Part 2, I turn to section 215 and the bulk metadata surveillance program based on that section. I will argue that the program was plausibly legal, though based on an aggressive, envelope-pushing interpretation of the statute. I conclude Part 2 by describing the USA Freedom Act, which amends section 215 in important ways. In Part 3, I change tack. Rather than offering an argument for the conditions under which surveillance is justified (as in Part 1), I use the discussion of the legal interpretations underlying the metadata program to describe a key ambiguity in the basic argument, and to explain a distinct concern in the program. Specifically that it undermines a legal archetype. Moreover, while the USA Freedom Act does not violate legal archetypes, and hence meets a condition for justifiability, it helps illustrate why the bulk metadata program did violate archetypes. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both legal (...) punishment and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

In a beautiful recent essay, the philosopher Walter Sinnott-Armstrong explains the reasons for his departure from evangelical Christianity, the religious culture in which he was brought up. Sinnot-Armstrong contrasts the interpretive methods used by good philosophers and fundamentalist believers: Good philosophers face objections and uncertainties. They follow where arguments lead, even when their conclusions are surprising and disturbing. Intellectual honesty is also required of scholars who interpret philosophical texts. If I had distorted Kant’s view to make him reach a conclusion (...) that I preferred, then my philosophy professor would have failed me. The contrast with religious reasoning is stark. My Christian friends seemed happy to hide serious problems in the Bible and in their arguments. They preferred comfort to intellectual honesty. I couldn’t. To what extent can we, historians of philosophy, claim the virtue of intellectual honesty? Speaking frankly, I do not find the practice criticized by Sinnot-Armstrong’s philosophy professor rare or unusual at all. We very frequently distort the views of past philosophers in order to reach the conclusions we prefer. We just call it “Charitable Interpretation.” In this essay, I discuss and criticize the logic behind so-called charitable interpretations in the history of philosophy. This phenomenon is ubiquitous and is not at all restricted to a particular philosophical strand or ideology. Analytic philosophers and post-modernists, Marxists, liberals, secularists, and fundamentalists, we all engage in the very same domestication project. Even more disturbing than the sheer ideological pervasiveness of this phenomenon is the fact that, on many occasions, superb philosophers and historians take part in this fairly childish endeavor. In the first part of this essay, I discuss the general logic of charitable interpretations in the history of philosophy, mostly by addressing discussions in metaphysics and epistemology. In the second part, I focus on the somewhat less noticed use of charitable interpretations in the study of political philosophy, and point out the quintessential role ideology plays in these discussions. In both parts, I concentrate mostly on the interpretation of Spinoza’s thought. I do so not because I have special fondness for Spinoza (“guilty as charged,” I admit), but because Spinoza is such a beast (and may I add, an enchanting beast) and attracts a disproportionate share of the domestication efforts from historians and philosophers of all creeds and persuasions. In the third and final part of the paper, I will begin to outline an alternative methodology, which suggests that past philosophers can be most relevant to our current philosophical discussion, to the extent that they provide us with well-motivated challenges to our common-sense beliefs. Such challenges have the invaluable virtue of being able to undermine our most fundamental and secure beliefs, and force us to engage with the most fundamental questions. What more can we expect from good philosophy? (shrink)

Dans cet article, nous introduisons le lecteur à une énigme qui a émergé récemment dans la littérature philosophique : celle de l’influence de nos évaluations morales sur nos intuitions au sujet de la nature des actions intentionnelle. En effet, certaines données issues de la philosophie expérimentale semblent suggérer que nos jugements quant au statut intentionnel d’une action dépendent de notre évaluation de ladite action. De nombreuses théories ont été proposées pour rendre compte de ces résultats. Nous défendons la thèse selon (...) laquelle aucune des théories existantes n’est satisfaisante et que le mystère reste pour l’instant entier. (shrink)

Dans Word and Object, Quine propose explicitement une définition de la notion de signification-stimulus dans les termes du behaviorisme. Cette caractérisation est commandée par son naturalisme, qui consiste à faire de la philosophie une partie de la science empirique. Il est néanmoins généralement admis que la science entend décrire les phénomènes tandis qu’à la suite du tournant linguistique, la philosophie se concentre sur le langage. Dans ces conditions, il est légitime de chercher à déterminer le statut logique que l’on doit (...) assigner à la notion de signification-stimulus chez Quine. Nous présentons à cet effet trois procédures langagières bien distinctes dans la littérature. Nous ébauchons ensuite le cadre théorique dans lequel se situe la notion de signification-stimulus avant d’en proposer une reconstruction rationnelle en termes neurophysiologiques. Ces considérations apportées, nous montrons que la caractérisation que Quine donne de cette notion constitue non une définition, mais une explication. (shrink)

Quantum Mechanics is a fundamental physical theory about atomic-scale processes. It was built between 1920 and 1940 by the most distinguished physicists of that time. The accordance between the predictions of the theory and experimental results is remarkable. The physical interpretation of its mathematical constructs, however, raised unprecedented controversies. Ontological, semantic, and epistemic vagueness abound in the orthodox interpretations and have resulted in serious misunderstandings that are often repeated in textbooks and elsewhere. In this work, we identify, criticize, and clarify (...) the most spread ones. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

This article focuses on examining a particular method of Biblical Interpretation. This specific method is that of the Patristic Method of Biblical Interpretation, proposed by Richard Swinburne. The Patristic Method faces a specific issue, ‘the Authority’ Issue, which will thus be dealt with within this article by utilising the notion of epistemic authority, as conceptualised by Linda Zagzebski, and restating it within a Catholic interpretative framework. Doing this will thus enable the Patristic Method to be presented as a robust and (...) cogent contemporary method of Biblical Interpretation that offers a unified and accurate understanding of God's revelation in the Bible. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

The conspicuous similarities between interpretive strategies in classical statistical mechanics and in quantum mechanics may be grounded on their employment of common implementations of probability. The objective probabilities which represent the underlying stochasticity of these theories can be naturally associated with three of their common formal features: initial conditions, dynamics, and observables. Various well-known interpretations of the two theories line up with particular choices among these three ways of implementing probability. This perspective has significant application to debates on primitive ontology (...) and to the quantum measurement problem. (shrink)

Philosophers have wanted to work with conceptions of word-competence, or concept-possession, on which being a competent practitioner with a word amounts to being a competent judge of its uses by others. I argue that our implicit conception of competence with a word does not have this presupposition built into it. One implication of this is what I call "modesty" in interpretation: we allow for others, uses of words that we would not allow for ourselves. I develop this point by looking (...) at Saul Kripke's discussion of some famous examples given by Benson Mates, concerning beliefs about beliefs. I defend Mates's point against Kripke's claim that an interpreter who is modest in my sense must be "conceptually confused." . (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with the (...) advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

The interpretive-sensory access theory of self-knowledge claims that we come to know our own minds by turning our capacities for knowing other minds onto ourselves. Peter Carruthers argues that two of the theory’s advantages are empirical adequacy and scientific fruitfulness: it leaves few of the old discoveries unexplained and makes new predictions that provide a framework for new discoveries. A decade has now passed since the theory’s introduction. I review the most important developments during this time period regarding the two (...) criteria: whether the theory’s six main predictions were supported, and whether the theory’s predictions contributed to new empirical studies. I argue that the interpretive-sensory access theory of self-knowledge remains empirically adequate and scientifically fruitful. (shrink)

In a recent reply to our article, “What is Interpretability?,” Prasetya argues against our position that artificial neural networks are explainable. It is claimed that our indefeasibility thesis—that adding complexity to an explanation of a phenomenon does not make the phenomenon any less explainable—is false. More precisely, Prasetya argues that unificationist explanations are defeasible to increasing complexity, and thus, we may not be able to provide such explanations of highly complex AI models. The reply highlights an important lacuna in our (...) original paper, the omission of the unificationist account of explanation, and affords us the opportunity to respond. Here, we argue that artificial neural networks are explainable in a way that should satisfy unificationists and that interpretability methods present ways in which ML theories can achieve unification. (shrink)

We argue that many intuitions do not have conscious propositional contents. In particular, many of the intuitions had in response to philosophical thought experiments, like Gettier cases, do not have such contents. They are more like hunches, urgings, murky feelings, and twinges. Our view thus goes against the received view of intuitions in philosophy, which we call Mainstream Propositionalism. Our positive view is that many thought-experimental intuitions are conscious, spontaneous, non-theoretical, non-propositional psychological states that often motivate belief revision, but they (...) require interpretation, in light of background beliefs, before a subject can form a propositional judgment as a consequence of them. We call our view Interpretationalism. We argue (i) that Interpretationalism avoids the problems that beset Mainstream Propositionalism and (ii) that our view meshes well with empirical results in contemporary cognitive science. (shrink)

The majority of historians and teachers of history tend to believe that it was the Propaganda of the educated elite that led to the Philippine Revolution of 1896. Reynaldo Ileto already made a powerful critique on such perspective by analyzing the mentalité of the pobres y ignorantes, and showed that they indeed possessed a certain worldview that was far different from that of the Ilustrados of the Propaganda Movement. Ileto, however, remained within the limits of the Catholic ideology and its (...) appropriation by the masses in the 19th century. This paper aims to study ginhawa, a Filipino concept, as both a concept and an ideology. The paper argues that ginhawa was used by the natives in interpreting the workings of colonialism. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal interpretative canons (...) into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

The question “what is an interpretation?” is often intertwined with the perhaps even harder question “what is a scientific theory?”. Given this proximity, we try to clarify the first question to acquire some ground for the latter. The quarrel between the syntactic and semantic conceptions of scientific theories occupied a large part of the scenario of the philosophy of science in the 20th century. For many authors, one of the two currents needed to be victorious. We endorse that such debate, (...) at least in the terms commonly expressed, can be misleading. We argue that the traditional notion of “interpretation” within the syntax/semantic debate is not the same as that of the debate concerning the interpretation of quantum mechanics. As much as the term is the same, the term “interpretation” as employed in quantum mechanics has its meaning beyond (pure) logic. Our main focus here lies on the formal aspects of the solutions to the measurement problem. There are many versions of quantum theory, many of them incompatible with each other. In order to encompass a wider variety of approaches to quantum theory, we propose a different one with an emphasis on pure formalism. This perspective has the intent of elucidating the role of each so-called “interpretation” of quantum mechanics, as well as the precise origin of the need to interpret it. (shrink)

This paper takes issue with an influential interpretationist argument for physicalism about intentionality based on the possibility of radical interpretation. The interpretationist defends the physicalist thesis that the intentional truths supervene on the physical truths by arguing that it is possible for a radical interpreter, who knows all of the physical truths, to work out the intentional truths about what an arbitrary agent believes, desires, and means without recourse to any further empirical information. One of the most compelling arguments for (...) the possibility of radical interpretation, associated most closely with David Lewis and Donald Davidson, gives a central role to decision theoretic representation theorems, which demonstrate that if an agent’s preferences satisfy certain constraints, it is possible to deduce probability and utility functions that represent her beliefs and desires. We argue that an interpretationist who wants to rely on existing representation theorems in defence of the possibility of radical interpretation faces a trilemma, each horn of which is incompatible with the possibility of radical interpretation. (shrink)

Intelligibility and interpretability related to artificial intelligence (AI) are crucial for enabling explicability, which is vital for establishing constructive communication and agreement among various stakeholders, including users and designers of AI. It is essential to overcome the challenges of sharing an understanding of the details of the various structures of diverse AI systems, to facilitate effective communication and collaboration. In this paper, we propose four fundamental terms: “I/O,” “Constraints,” “Objectives,” and “Architecture.” These terms help mitigate the challenges associated with intelligibility (...) and interpretability in AI by providing appropriate levels of abstraction to describe structure of AI systems generally, thereby facilitating the sharing of understanding among various stakeholders. The relationship between the Objective of AI designers and the Purpose of AI users is linked to the issues of AI alignment. (shrink)

A familiar interpretation of quantum mechanics (one of a number of views sometimes labeled the "Copenhagen interpretation'"), takes its empirical apparatus at face value, holding that the quantum wave function evolves by the Schrödinger equation except on certain occasions of measurement, when it collapses into a new state according to the Born rule. This interpretation is widely rejected, primarily because it faces the measurement problem: "measurement" is too imprecise for use in a fundamental physical theory. We argue that this is (...) a weak objection, as there may be many ways of making "measurement" precise. However, measurement-collapse interpretations face a more serious objection: a dilemma tied to the quantum Zeno effect. Is measurement itself an observable that can enter superpositions? If yes, then the standard measurement-collapse dynamics is ill-defined. If no, then (at least if measurement is an observable), measurements can never start or finish. The best way out is to deny that measurement is an observable, but this leads to strong and revisionary consequences. This reinforces the view that there is no nonrevisionary interpretation of quantum mechanics. (shrink)

The aim of this paper is to comprehensively question the validity of the standard way of interpreting Chaitin's famous incompleteness theorem, which says that for every formalized theory of arithmetic there is a finite constant c such that the theory in question cannot prove any particular number to have Kolmogorov complexity larger than c. The received interpretation of theorem claims that the limiting constant is determined by the complexity of the theory itself, which is assumed to be good measure (...) of the strength of the theory. I exhibit certain strong counterexamples and establish conclusively that the received view is false. Moreover, I show that the limiting constants provided by the theorem do not in any way reflect the power of formalized theories, but that the values of these constants are actually determined by the chosen coding of Turing machines, and are thus quite accidental. (shrink)

In this paper I propose an interpretation of classical statistical mechanics that centers on taking seriously the idea that probability measures represent complete states of statistical mechanical systems. I show how this leads naturally to the idea that the stochasticity of statistical mechanics is associated directly with the observables of the theory rather than with the microstates (as traditional accounts would have it). The usual assumption that microstates are representationally significant in the theory is therefore dispensable, a consequence which suggests (...) interesting possibilities for developing non-equilibrium statistical mechanics and investigating inter-theoretic answers to the foundational questions of statistical mechanics. (shrink)

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results in (...) a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

We put forward a new, ‘coherentist’ account of quantum entanglement, according to which entangled systems are characterized by symmetric relations of ontological dependence among the component particles. We compare this coherentist viewpoint with the two most popular alternatives currently on offer—structuralism and holism—and argue that it is essentially different from, and preferable to, both. In the course of this article, we point out how coherentism might be extended beyond the case of entanglement and further articulated.

It is argued that the many-worlds interpretation is by far the best interpretation of quantum mechanics. The key points of this view are viewing the wave functions of worlds in three dimensions and understanding probability through self-locating uncertainty.

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. Standard (...) solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms, as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

In Davidson's philosophy, one finds a wide variety of rich, provocative, and influential arguments concerning the nature of the mind—that mental states emerge only in the context of interpretation, that belief is "in its nature" veridical, that mental events are physical events, and so on. Most, if not all, of Davidson's conclusions about the mind have their source in discussions about the project of "radical interpretation." They rely upon arguments concerning the conditions on the successful interpretation of a speaker by (...) an interpreter who knows nothing initially about the speaker's language or mental states. But what is the relevance of this activity of radical interpretation? Why should the conditions on succeeding at it illuminate anything about the nature of the mind in general? In this paper, I explore these issues. In particular, I will argue that Davidson's confidence in the relevance of radical interpretation for understanding the mind ultimately depends upon a prior and quite substantive view of the mind. Moreover, it is a view of the mind for which Davidson provides little support. Indeed, the little support Davidson does provide appears to depend itself on the very relevance of radical interpretation. (shrink)

Interpretation in science has gained little attention in the past because philosophers of science believed that interpretation belongs to the context of discovery or must be associated with meaning. But scientists often speak about interpretation when they report their findings. Elsewhere I have argue in favour of a pragmatic-rhetorical theory of explanation, and it is in light of this theory that I suggest we can understand interpretation in the natural sciences.

Arthur C. Danto did not live to witness the proliferation of AI in artistic creation. However, his philosophy of art offers key ideas about art that can provide an interesting perspective on artwork generated by artificial intelligence (AI). In this article, I analyze how his ideas about contemporary art, intention, interpretation, and authorship could be applied to the ongoing debate about AI and artistic creation. At the same time, it is also interesting to consider whether the incorporation of AI into (...) artistic creation marks a new chapter in the narrative, which seems to have reached its end, or if it represents a significant rupture with past artistic traditions. (shrink)

Researchers have converged on the idea that a pragmatic understanding of communication can shed important light on the evolution of language. Accordingly, animal communication scientists have been keen to adopt insights from pragmatics research. Some authors couple their appeal to pragmatic aspects of communication with the claim that there are fundamental asymmetries between signalers and receivers in non-human animals. For example, in the case of primate vocal calls, signalers are said to produce signals unintentionally and mindlessly, whereas receivers are thought (...) to engage in contextual interpretation to derive the significance of signals. We argue that claims about signaler-receiver asymmetries are often confused. This is partly because their authors conflate two conceptions of pragmatics, which generate different accounts of the explanatory target for accounts of the evolution of language. Here we distinguish these conceptions, in order to help specify more precisely the proper explanatory target for language evolution research. (shrink)

This article probes the question of what interpretations of quantum mechanics actually accomplish. In other domains, which are briefly considered, interpretations serve to make alien systematizations intelligible to us. This often involves clarifying the status of their implicit ontology. A survey of interpretations of non-relativistic quantum mechanics supports the evaluation that these interpretations make a contribution to philosophy, but not to physics. Interpretations of quantum field theory are polarized by the divergence between the Lagrangian field theory that led to the (...) Standard Model of Particle physics and the Algebraic quantum field theory, that discounts an ontology of particles. Ruetsche's interpretation, it is argued, offers a potential for loosening the sharp polarization that presently obtains. A brief evaluation focuses on the functional ontology of quantum field theory considered as an effective theory. (shrink)

Davidson has claimed that to conclude that reference is inscrutable, one must assume that "If some theory of truth... is satisfactory in the light of all relevant evidence... then any theory that is generated from the first theory by a permutation will also be satisfactory in the light of all relevant evidence." However, given that theories of truth are not directly read off the world, but rather serve as parts of larger theories of behavior, this assumption is far from self-evident. (...) A proper understanding of the role truth theories play in theories of interpretation makes the inscrutability of reference much less wide-spread than Davidson suggests, and, as a result, the radical interpretation methodology is much less likely to saddle its defenders with counterintuitive cases of indeterminacy than is commonly supposed. (shrink)

The many worlds interpretation of quantum mechanics (MWI) states that the world we live in is just one among many parallel worlds. It is widely believed that because of this commitment to parallel worlds, the MWI violates common sense. Some go so far as to reject the MWI on this basis. This is despite its myriad of advantages to physics (e.g. consistency with relativity theory, mathematical simplicity, realism, determinism, etc.). Here, we make the case that common sense in fact favors (...) the MWI. We argue that causal explanations are commonsensical only when they are local causal explanations. We present several quantum mechanical experiments that seem to exhibit nonlocal “action at a distance”. Under the assumption that only one world exists, these experiments seem immune to local causal explanation. However, we show that the MWI, by taking all worlds together, can provide local causal explanations of the experiments. The MWI therefore restores common sense to physical explanation. (shrink)

Evolutionary theory (ET) is teeming with probabilities. Probabilities exist at all levels: the level of mutation, the level of microevolution, and the level of macroevolution. This uncontroversial claim raises a number of contentious issues. For example, is the evolutionary process (as opposed to the theory) indeterministic, or is it deterministic? Philosophers of biology have taken different sides on this issue. Millstein (1997) has argued that we are not currently able answer this question, and that even scientific realists ought to remain (...) agnostic concerning the determinism or indeterminism of evolutionary processes. If this argument is correct, it suggests that, whatever we take probabilities in ET to be, they must be consistent with either determinism or indeterminism. This raises some interesting philosophical questions: How should we understand the probabilities used in ET? In other words, what is meant by saying that a certain evolutionary change is more or less probable? Which interpretation of probability is the most appropriate for ET? I argue that the probabilities used in ET are objective in a realist sense, if not in an indeterministic sense. Furthermore, there are a number of interpretations of probability that are objective and would be consistent with ET under determinism or indeterminism. However, I argue that evolutionary probabilities are best understood as propensities of population-level kinds. (shrink)

How is it possible for David Hume to be both withering skeptic and constructive theorist? I recommend an answer like the Pyrrhonian answer to the question how it is possible to suspend all judgment yet engage in active daily life. Sextus Empiricus distinguishes two kinds of assent: one suspended across the board and one involved with daily living. The first is an act of will based on appreciation of reasons; the second is a causal effect of appearances. Hume makes the (...) same distinction, only he extends the sort of assent involved in daily life to theoretical matters as well. He is a skeptic both in finding no reason to grant the first sort of assent and in being subject to the second. (shrink)