Ce texte vise à proposer quelques arguments pour une critique empiriste de la hiérarchie des normes, c'est-à-dire pour les besoins d'une science du droit descriptive et explicative. La hiérarchie des normes est à la fois objet d’étude scientifique, et théorie construisant cet objet. Une approche empiriste nécessite la formalisation de quelques concepts et une justification minimale de la possibilité d'une science juridique empiriste : ce seront les objets des premiers points de ce texte. Il s'agira ensuite (...) de proposer une formulation de la conception de la hiérarchie des normes à laquelle l’empirisme peut conduire, permettant de réévaluer la théorie (normativiste) de la hiérarchie des normes proposée par Kelsen comme une théorie politique, qui ne décrit pas son objet mais le construit comme contrainte. (shrink)

Existe-il une corrélation entre le pouvoir d’un organe et le rang hiérarchique de ses normes ? La théorie réaliste de l’interprétation pourrait sembler indiquer le contraire. En effet, si, comme elle l’enseigne, c’est l’interprète d’un énoncé qui en détermine la signification, les agents de l’administration qui mettent en œuvre les politiques publiques devraient exercer un pouvoir plus important que le législateur qui les élabore. L’auteur de l’article soutient toutefois qu’une semblable conclusion serait erronée car les organes qui produisent les (...) énoncés juridiques généraux et abstraits peuvent généralement mobiliser des ressources qui leur permettent de contraindre les organes de concrétisation à prendre leurs préférences en considération. La représentation du droit comme étant constitué d’un ensemble de normes hiérarchisées confère certaines des ressources dont ils disposent. Celles-ci doivent être identifiées et leur efficacité évaluée afin de déterminer dans quels cas il existe.. (shrink)

L’analyse des juristes médiévaux nous montre comment la manipulation des contradictions déontiques prima facie est associée, dans l’argumentation interprétative, à la théorie de la légitimité de la hiérarchie normative, entendue non seulement comme instrument politique mais aussi et essentiellement comme un instrument de rationalité au sein d’une science juridique orientée vers une théologie politique. La notion de droit naturel telle qu’elle apparaît dans certains documents emblématiques dont le Decretum de Gratien du XIIe s., ne peut être réduite au modèle (...) intellectualiste aristotélo-thomiste du XIIIe s. Il y a plusieurs façons de penser le droit naturel dans le monde médiéval chrétien et latin ; elles se maintiennent sur plusieurs siècles et l’une d’elles au moins a des points de contacts et de désaccord avec les traditions juives et musulmanes. Ces courants de pensée qui s’écartent du modèle intellectualiste aristotélo-thomiste peuvent être regroupés au sein d’une famille (au sens wittgensteinien) de modèles volontaristes : les contradictions déontiques peuvent être plus fortes que des contradictions prima facie, elles peuvent être d’authentiques contradictions renvoyant à un nouvel acte de volonté comme la seule façon d’éliminer la contradiction déontique. La théorie de Duns Scot peut être utilisée comme illustrant le problème d’une approche ontologique volontariste extrême. | Une autre version de cette contribution a été publiée dans Parisoli (2008d : 124–141). (shrink)

Le droit est traditionnellement lié à la pratique du commandement et de la hiérarchie. Il semble qu’une règle juridique établisse une immédiate relation entre une norme supérieure et une norme inférieure. La conception hiérarchique et impérative peut néanmoins être remise en cause dès lors que la phénoménologie de la règle juridique est appréhendée d’un point de vue interne, celui de ceux que l’on peut considérer comme les « utilisateurs » de la règle plutôt que ceux qui la subissent. Une (...) approche tournée vers la pratique pourrait, de cette façon, conduire à une théorie du droit plus ouverte et, d’une certaine façon, moins idéologique ou sectaire. C’est – comme le défend cet article – le programme ou mieux la promesse que l’on trouve dans l’ouvrage principal de Hart, le Concept de droit. Cet article tente de rendre cette promesse plus transparente sans toutefois dissimuler les difficultés de sa stratégie narrative et argumentative. (shrink)

Tout au long de sa carriêre, Fernand Deligny expérimente de nouveaux modes de vie auprês d'individus en dehors des normes d'existence majoritaires. Subvertissant les hiérarchies et promouvant les pratiques libertaires, il affronte les structures correctrices dans sa logique d'adaptation.

A growing body of research has examined how people judge the persistence of identity over time—that is, how they decide that a particular individual is the same entity from one time to the next. While a great deal of progress has been made in understanding the types of features that people typically consider when making such judgments, to date, existing work has not explored how these judgments may be shaped by normative considerations. The present studies demonstrate that normative beliefs do (...) appear to play an important role in people's beliefs about persistence. Specifically, people are more likely to judge that the identity of a given entity remains the same when its features improve than when its features deteriorate. Study 1 provides a basic demonstration of this effect. Study 2 shows that this effect is moderated by individual differences in normative beliefs. Study 3 examines the underlying mechanism, which is the belief that, in general, various entities are essentially good. Study 4 directly manipulates beliefs about essence to show that the positivity bias regarding essences is causally responsible for the effect. (shrink)

It is widely held that there is a distinctive norm of assertion. A plausible idea is that there is an analogous, perhaps weaker, norm for indirect communication via implicatures. I argue against this type of proposal. My claim is that the norm of assertion is a social norm governing public updates to the conversational record. Off the record implicatures are not subject to social norms of this type. I grant that, as happens in general with intentional actions, off the record (...) communicative acts may be subject to normative assessments on different levels (for instance, regarding their moral or prudential appropriateness). However, such assessments do not generate distinctive norms that apply to all cases of implicature. (shrink)

The normative phenomenon is ubiquitous in human interactions, emerging in a wide range of fields studied by social science and considered as one of the essential traits of human’s way of life. The modern subjectivist tradition of social science has been based on a model in which elements like self, freedom and reason play the most relevant roles in explaining normativity by connecting beliefs to behaviors by means of motives that are non-reducible to preferences, desires or impulses. In this paper (...) I will discuss normativity in general in order to turn into normativity as it is conceived in social science and then with a focus on normativity based on reasons. I will argue in favor of a naturalistic approach to normativity by means of a defense of a concept of will, which can provide a bridge between social and natural science, rather than giving further reason to sustain a dualistic approach to them. Moreover, I will claim that mental qualities usually alleged to be essential for assigning personality, agency, and moral responsibility, such as rationality, self-consciousness, and freedom, are neither sufficient nor necessary for a naturalistic characterization of moral agents, or for explaining normativity in human evaluative practices. (shrink)

This paper deals with Veronica Rodriguez-Blanco’s answer to the paradox of the normativity of law: How can autonomous self-legislating persons act, without compromising their autonomy and their will, following legal rules? Regarding Rodriguez-Blanco’s answer, I offer two main critiques. The first one is based on Rodriguez-Blanco’s comments to David Enoch’s paper in which I argue against the idea that a descriptive theoretical account of law can, and should, give an answer to general problems of normativity due to the fact that (...) a theoretical approach that engages in questions about the normativity of law cannot be purely descriptive, therefore against Rodriguez-Blanco I conclude that Enoch’s answer is the only response a descriptive account is able to offer. The second criticism focuses on Rodriguez-Blanco’s response to the paradox and argues that her solution is not, in fact, a descriptive one, but one that relies on strong normative premises, which as it turns out defend a perfectionist perspective towards the law.Resumen:Este trabajo analiza la respuesta que Veronica Rodriguez-Blanco propone para resolver la paradoja de la normatividad del derecho: ¿Cómo es posible que una persona autónoma actúe siguiendo los mandatos de normas jurídicas sin comprometer su autonomía ni su voluntad? El autor ofrece dos críticas a la respuesta de Rodriguez-Blanco. La primera de ellas está basada en los comentarios que Rodriguez-Blanco ha hecho sobre la propuesta de David Enoch. En este punto, el autor argumenta en contra de la idea según la cual una perspectiva descriptiva del derecho puede, y debe, tratar de responder a los problemas generales de la normatividad del derecho. De acuerdo con el autor, una perspectiva que pretenda dar respuesta a los problemas de la normatividad del derecho no puede ser una perspectiva puramente descriptiva. En este sentido, el autor sostiene que la respuesta que ofrece Enoch es la única respuesta que una perspectiva descriptiva del derecho puede dar. La segunda crítica está dirigida a la respuesta que Rodriguez-Blanco da sobre la paradoja de la normatividad. En este segundo punto el autor argumenta que la perspectiva de Rodriguez-Blanco no es una perspectiva descriptiva como ella presume, sino que adopta una perspectiva normativa la cual, además, está comprometida con una idea perfeccionista del derecho. (shrink)

Trata-se de mostrar em que sentido a concepção normativa de pessoa em John Rawls pressupõe uma transformação semântica da concepção kantiana de subjetividade transcendental, em particular do seu ideal de personalidade. Uma reinterpretação kantiana da concepção normativa de pessoa logra explicar o dispositivo procedimental do equilíbrio reflexivopara responder a críticas comunitaristas em defesa do individualismo inerente ao liberalismo político, concebido não mais como uma doutrina abrangente da auto-identidade mas como um construtivismo, num modelo coerentista dejustificativa epistêmico-moral.The article seeks to show (...) in which sense Rawls’s normative conception of the person does presuppose a semantic transformation of the Kantian conception of transcendental subjectivity, particularly of his ideal of personhood . A Kantian reinterpretation of the normative conception of the person succeeds in accounting for the procedural device of reflective equilibrium so as to address communitarian criticisms in defense of the individualism inherent in political liberalism, conceived no longer as a comprehensive doctrine of self-identity but as a constructivism, within a coherentist model of moral epistemology. (shrink)

People often reason about omissions. One line of research shows that people can distinguish between the semantics of omissive causes and omissive enabling conditions: for instance, not flunking out of college enabled you (but didn’t cause you) to graduate. Another line of work shows that people rely on the normative status of omissive events in inferring their causal role: if the outcome came about because the omission violated some norm, reasoners are more likely to select that omission as a cause. (...) We designed a novel paradigm that tests how norms interact with the semantics of omissive enabling conditions. The paradigm concerns the circuitry of a mechanical device that plays music. Two experiments used the paradigm to stipulate norms and present a distinct set of possibilities to participants. Participants chose which causal verb best described the operations of the machine. The studies revealed that participants’ responses are best predicted by their tendency to consider the semantics of omissive relations. In contrast, norms had little to no effect in participants’ responses. We conclude by marshaling the evidence and considering what role norms may play in people’s understanding of omissions. (shrink)

(1996). What the prophet and the philosopher told their nations: A multi‐modal systems view of norms and civilisation. World Futures: Vol. 47, Unity and Diversity in Contemporary Systems Tinking: Systematic Pictures at an Exhibition, pp. 53-67.

People generally accept that there is causation by omission—that the omission of some events cause some related events. But this acceptance elicits the selection problem, or the difficulty of explaining the selection of a particular omissive cause or class of causes from the causal conditions. Some theorists contend that dependence theories of causation cannot resolve this problem. In this paper, we argue that the appeal to norms adequately resolves the selection problem for dependence theories, and we provide novel experimental evidence (...) for it. (shrink)

People more frequently select norm-violating factors, relative to norm- conforming ones, as the cause of some outcome. Until recently, this abnormal-selection effect has been studied using retrospective vignette-based paradigms. We use a novel set of video stimuli to investigate this effect for prospective causal judgments—i.e., judgments about the cause of some future outcome. Four experiments show that people more frequently select norm- violating factors, relative to norm-conforming ones, as the cause of some future outcome. We show that the abnormal-selection effects (...) are not primarily explained by the perception of agency (Experiment 4). We discuss these results in relation to recent efforts to model causal judgment. (shrink)

Technical artifacts have the capacity to fulfill their function in virtue of their physicochemical make-up. An explanation that purports to explicate this relation between artifact function and structure can be called a technological explanation. It might be argued, and Peter Kroes has in fact done so, that there issomething peculiar about technological explanations in that they are intrinsically normative in some sense. Since the notion of artifact function is a normative one an explanation of an artifact’s function must inherit this (...) normativity.In this paper I will resist this conclusion by outlining and defending a ‘buck-passing account’ of the normativity of technological explanations. I will first argue that it is important to distinguish properly between a theory of function ascriptions and an explanation of how a function is realized. The task of the former is to spell out the conditions under which one is justified in ascribing a function to an artifact; the latter should show how the physicochemical make-up of an artifact enables it to fulfill its function. Second, I wish to maintain that a good theory of function ascriptions should account for the normativity of these ascriptions. Provided such a function theory can be formulated — as I think it can — a technological explanation may pass the normativity buck to it. Third, to flesh out these abstract claims, I show how a particular function theory — to wit, the ICE theory by Pieter Vermaas and Wybo Houkes — can be dovetailed smoothly with my own thoughts on technological explanation. (shrink)

In this chapter, one considers finance at its very foundations, namely, at the place where assumptions are being made about the ways to measure the two key ingredients of finance: risk and return. It is well known that returns for a large class of assets display a number of stylized facts that cannot be squared with the traditional views of 1960s financial economics (normality and continuity assumptions, i.e. Brownian representation of market dynamics). Despite the empirical counterevidence, normality and continuity assumptions (...) were part and parcel of financial theory and practice, embedded in all financial practices and beliefs. Our aim is to build on this puzzle for extracting some clues revealing the use of one research strategy in academic community, model tinkering defined as a particular research habit. We choose to focus on one specific moment of the scientific controversies in academic finance: the ‘leptokurtic crisis’ opened by Mandelbrot in 1962. The profoundness of the crisis came from the angle of the Mandelbrot’s attack: not only he emphasized an empirical inadequacy of the Brownian representation, but also he argued for an inadequate grounding of this representation. We give some insights in this crisis and display the model tinkering strategies of the financial academic community in the 1970s and the 1980s. (shrink)

Despite the fact that common sense taxes emotions with irrationality, philosophers have, by and large, celebrated their functionality. They are credited with motivating, steadying, shaping or harmonizing our dispositions to act, and with policing norms of social behaviour. It's time to restore emotion's bad rep. To this end, I shall argue that we should expect that some of the “norms” enforced by emotions will be unevenly distributed among the members of our species, and may be dysfunctional at the individual, social, (...) moral, or even species levels. I”ll adduce three considerations in support of that pessimistic view: The fallacy of adaptive fixation, the moral randomness of group selection, and the lack of fit between “natural norms” set up by evolution and those moral and social norms we would like philosophy to justify. (shrink)

The objective of this work is to present Michel Foucault's perspective on the formation of moral subjectivity according to his text entitled “The use of pleasures and the techniques of self”. In the referred text, Foucault emphasizes that moral action should not be constituted in acts according to a rule of conduct supported by moral concepts, but in acts according to a pure relation of the subject with his internal wisdom (subjectivity), a relationship that should not be understood as simply (...) a “self-awareness” as a moral subject, but as a “constitution of the self” as a moral subject In this article, Foucault's position on the formation of moral subjectivity is considered to analyze the place of desire in the autonomy of oneself and of practical attitudes, especially if they are considered: the subject's experience as a process in which both subjectivity and desires are modified or annulled by specific norms or laws, established in certain societies and culture, almost always linked to norms of sexuality; the power of the strongest, insofar as it influences institutions to spread interests in society, corrupting the particular desires of individuals; the “techniques of self”, as rational and voluntary practices that curb desires, by which human beings determine for themselves rules of conduct that correspond to aesthetic values. (shrink)

In this paper, I interview Francesca De Vecchi (Full Professor of Theoretical Philosophy in Vita-Salute San Raffaele University) about her qualitative ontology and its social and normative implications. If at the foundation of our lifeworld there are significantly qualitative experiences, phenomenology can investigate the most important contemporary issues, such as gender disparity, socio-virtuality depersonalizations and political urgencies.

Cet article s’intéresse aux émotions dans l’internalisation et l’émergence des normes sociales. Nous y montrons comment les normes sociales ont un impact sur les émotions et comment les émotions ont un impact sur les normes sociales. Pour le faire, trois approches complémentaires mais souvent traitées indépendamment les unes des autres dans la littérature scientifique sont discutées. La première a trait à la façon dont les normes sociales (les normes émotionnelles) régulent les émotions. Cette régulation se (...) comprend comme l’internalisation de la normativité sociale dans les membres d’une société : les normes émotionnelles contribuent à la fabrique des dispositions émotionnelles des membres qui s’ajustent aux normes et aux valeurs valant dans leur société. La deuxième approche a trait au rôle des émotions dans le soutien aux normes sociales. Une fois que l’internalisation des normes et des valeurs est opérée et que les membres ont développé une sensibilité affective aux normes et aux valeurs de leur collectif, les émotions peuvent opérer comme des régulateurs des comportements : les émotions font que les membres se conforment aux normes et aux valeurs. Les normes internalisées suscitent des réactions émotionnelles qui contribuent au maintien de l’ordre normatif. La troisième approche affirme que les émotions contribuent à l’émergence des normes sociales et des valeurs dans une société donnée. En ce sens, les émotions peuvent contribuer à la transformation de l’ordre normatif. Il s’agit donc de la fabrique de la société. (shrink)

This paper argues that the normative character of our unreflective situated behaviour is not factual. We highlight a problematic assumption shared by the two most influential trends in contemporary philosophy of cognitive science, reductionism and enactivism. Our intentional, normative explanations are referential, descriptive or factual. Underneath this assumption lies the idea that only facts can make true or false our attributions of cognitive, mental and agential abilities. We will argue against this view by describing the main features and problems of (...) reductionism and enactivism and then we will offer two arguments against this shared factualist assumption: (1) normative vocabulary is ineliminable if we want a complete explanation of our situated practices; and (2) the factualist assumption is a species of the is-ought fallacy. Finally, we will claim that a folk psychological explanation of our normative practices is fully compatible with ontological naturalism when such descriptivist or factualist assumption is rejected. (shrink)

The problem addressed in this article is the relationship between law and morality. It is asked (1) to what extent law and morality are connected and separated and (2) since when has it been so. To the extent that law and morality are distinct normative orders, it is asked (3) whether they rule exactly the same behaviors or whether each order rules dierent kinds of behaviors. If they rule at least some of the same behaviors, it is asked (4) whether (...) there can be antinomies (contradictions) between them. If there are an- tinomies, it is asked (5) whether the antinomies are only apparent (prima facie) and are therefore mistakes of human reason, or are definite and real. If the antinomies are apparent or real, it is asked (6) whether law or morality prevails (or should prevail) in the case of an antinomy. If one of these prevails, it is asked (7) whether this is always so, or whether law sometimes prevails (and should prevail) over morality and vice versa. In the case of existing coherence or at least solvable antinomies between law and morality, it is asked (8) whether the consequent achieved unity of practical reason is a specifically moral unity and whether it is a matter of cognition, of institutionalization, of individual or collective construction, or of consensus. (shrink)

This paper has a twofold aim. On the one hand, we will discuss the much debated question of the source of normativity (which traditionally has nature and practical reason as the two main contenders to this role) and propose a new answer to it. Second, in answering this question, we will present a new account of practical wisdom, which conceives of the ethical virtues as ultimately unified in the chief virtue of phronesis, understood as ethical expertise. To do so, we (...) will first criticize the main current view of phronesis and its bearer (the phronimos), then offer another view of the nature of phronesis and of its relation to the other ethical virtues. Our proposal should not be intended as an interpretation of Aristotle’s own view; rather, it should be seen as a broadly Aristotelian theoretical proposal, which we believe can satisfyingly address most of the problems that afflict the more traditional accounts of practical wisdom. In section 2 of this paper, after criticizing first-nature naturalistic views of moral virtue, we take practical reason to be the cornerstone of second-nature naturalistic views; in section 3, we will outline criticisms to which, in our view, the traditional views of phronesis are ill-suited to respond, and, in section 4, we will outline our view of phronesis as ethical expertise – a view which in our view is immune to the above-mentioned criticisms – by spelling out the three main tenets of phronesis as ethical expertise: a conceptual thesis, an epistemic thesis, and the educational implications of the two. Finally, we will support our proposal with some empirical evidence taken from cognitive science. (shrink)

Are norms of inquiry in tension with epistemic norms? I provide a (largely) negative answer, turning to a picture of epistemic practices as rule-governed games. The idea is that, while epistemic norms are correctness standards for the attitudes involved in epistemic games, norms of inquiry derive from the aims of those games. Attitudes that, despite being epistemically correct, are inadvisable regarding the goals of some inquiry are just like bad (but legal) moves in basketball or chess. I further consider cases (...) in which the aims of inquiry recommend breaking epistemic norms. I compare them to strategic infractions, which are common in many coherent games. Finally, I explore the connections between rules and aims in games and in inquiry. I show that in both cases respecting the rules is constitutively required for satisfying the aims of the practice. (shrink)

In this paper, we offer a criticism, inspired by Wittgenstein’s rule-following considerations, of the enactivist account of perception and action. We start by setting up a non-descriptivist naturalism regarding the mind and continue by defining enactivism and exploring its more attractive theoretical features. We then proceed to analyse its proposal to understand normativity non-socially. We argue that such a thesis is ultimately committed to the problematic idea that normative practices can be understood as private and factual. Finally, we offer a (...) characterization of normativity as an essentially social phenomenon and apply our criticisms to other approaches that share commitments with enactivism. (shrink)

This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...) sovereign power as violent, Hegel sustains that, with the progress of civilization, force is eradicated from the public order and private interests and common interest are reconciled. Stirner, on the contrary, insists that force is the other face of right, as the hidden pillar of the norm, which only reveals itself in moments of crisis. Stirner’s focus on the extreme case, largely anticipated and devalued by Hegel as unilateral and equivocal, seems to be anchored on the conviction that conflict is ineradicable, that between my own will and the (political, social) representation of that will there is always a gap, which cannot be filled by any collective arrangement. From this follows that, if conflict is scarcely manifest in modern societies, it is not because it was truly solved, but because it is effectively masked, due to the dissymmetry of power and the internalization of authority. The “unique one” appears, in this environment of great suspicion, as the one who cannot be represented, who surpasses every representation, threatening the authority of every representative. Accordingly, the “unique one” reclaims his own power, without allowing the satisfaction of his will to be mediated by obedience to collective institutions, affirming himself instead as sovereign over himself. Stirner suggests that the self-affirmation of the “unique one” inevitably leads to confrontation with the external powers that organize his existence. Stirner, nonetheless, chooses to think this confrontation in terms of a “revolt”, of a reflexive and individual act by which the individual emerges from the situation in which he finds himself, rather than as a “revolution”, a political or social act directed towards the systemic transformation of the status quo. Even if we admit the validity of the Stirnerian critique of the legitimizing discourses of modernity, the problem remains if this critique can be sustained on the “unique one”, “a thoughtless word”, an openly self-contradictory and self-destructive name, subject or principle (?). The possibility of founding a discourse of resistance on the egoism of Max Stirner seems to depend upon the answer that we choose to give to two intimately connected questions: what remains after the destructive vortex of the “unique one” that may sustain the resistance against a state that Max Stirner deems oppressive? Can this resistance be realized in the revolt of a unique one without the recognition of another one with whom to build the conditions of freedom? (shrink)

Viktor Frankl’s Logotherapy is based on Max Scheler’s theory of values and anthropology. Frankl builds his psychological thinking based on critical concepts of Schelerian thinking such as (i) value and goods, (ii) will and feelings, (iii) the hierarchy of values, and (iv) the idea of person. It is with them that he develops his original theses of (i) the spiritual motivation of human action, (ii) the search for meaning and (iii) the spiritual unconscious. In doing so, he offered not only (...) a psychotherapy of values, but also a new theory of positive human motivation, not conceived as a result of deficiency or need, but as a result of the free spirit toward objective values. The human search for meaning in life can only be successful by living and realizing superior values, in the hierarchical sense proposed by Scheler. (shrink)

Value Sensitive Design (VSD) is an established method for integrating values into technical design. It has been applied to different technologies and, more recently, to artificial intelligence (AI). We argue that AI poses a number of challenges specific to VSD that require a somewhat modified VSD approach. Machine learning (ML), in particular, poses two challenges. First, humans may not understand how an AI system learns certain things. This requires paying attention to values such as transparency, explicability, and accountability. Second, ML (...) may lead to AI systems adapting in ways that ‘disembody’ the values embedded in them. To address this, we propose a threefold modified VSD approach: 1) integrating a known set of VSD principles (AI4SG) as design norms from which more specific design requirements can be derived; 2) distinguishing between values that are promoted and respected by the design to ensure outcomes that not only do no harm but also contribute to good; and 3) extending the VSD process to encompass the whole life cycle of an AI technology in order to monitor unintended value consequences and redesign as needed. We illustrate our VSD for AI approach with an example use case of a SARS-CoV-2 contact tracing app. (shrink)

This paper argues that there are two importantly distinct normative relations that can be referred to using phrases like ‘X is obligated to Y,’ ‘Y has a right against X,’ or ‘X wronged Y.’ When we say that I am obligated to you not to read your diary, one thing we might mean is that I am subject to a deontological constraint against reading your diary that gives me a non‐instrumental, agent‐relative reason not to do so, and which you are (...) typically in a unique position to waive with consent. I call this first relation the constraint relation. A second thing we might mean is that you are in a position to fittingly hold me personally accountable for reading your diary by demanding that I not read your diary, resenting me if I do so without excuse, and deciding whether to forgive me for this afterwards. I call this second relation the accountability relation. Though these two kinds of directed obligation often coincide, I argue that they are extensionally dissociable and play different normative roles. We cannot provide an adequate theory of ‘obligation to’ until we recognize that this phrase denotes not one relation, but two. (shrink)

Aristotle’s influence on D’Arcy Thompson was praised by Thompson himself and has been recognized by others in various respects, including the aesthetic and normative dimensions of biology, and the multicausal explanation of living forms. This article focuses on the relatedness of organic forms, one of the core problems addressed by both Aristotle’s History of Animals (HA), and the renowned chapter of Thompson’s On Growth and Form (G&F), “On the Theory of Transformations, or the Comparison of Related Forms.” We contend that, (...) far from being an incidental inspiration stemming from Thompson’s classicist background, his translation of HA played a pivotal role in developing his theory of transformations. Furthermore, we argue that Thompson’s interpretation of the Aristotelian method of comparison challenges the prevailing view of Aristotle as the founder of “typological essentialism,” and is a key episode in the revision of this narrative. Thompson understood that the method Aristotle used in HA to compare animal forms is better comprehended as a “method of transformations,” leading to a morphological arrangement of animal diversity, as opposed to a taxonomical classification. Finally, we examine how this approach to the relatedness of forms lay the foundation for a causal understanding of parts and their interconnections. Although Aristotle and Thompson emphasized distinct types of causes, we contend that they both differ in a fundamental sense from the one introduced by Darwin’s theory of natural selection, which was formulated as a solution to the species problem rather than the form problem. We conclude that Thompson’s interpretation of Aristotle’s approach to form comparison has not only impacted contemporary scholarship on Aristotle’s biology, but revitalized a perspective that has regained significance due to the resurgence of the problem of form in evo-devo. (shrink)

[Ronald de Sousa] Taking literally the concept of emotional truth requires breaking the monopoly on truth of belief-like states. To this end, I look to perceptions for a model of non-propositional states that might be true or false, and to desires for a model of propositional attitudes the norm of which is other than the semantic satisfaction of their propositional object. Those models inspire a conception of generic truth, which can admit of degrees for analogue representations such as emotions; belief-like (...) states, by contrast, are digital representations. I argue that the gravest problem-objectivity-is not insurmountable. /// [Adam Morton ] It is accuracy rather than truth itself that is valuable. Emotional truth is a dubious though attractive notion, but emotional accuracy is much easier to make sense of. My approach to accuracy goes via an account of what makes a story accurate. Stories can be accurate but not true, and emotions can be accurate whether or not they are true. The capacity for emotional accuracy, for emotions that fit a person's situation, is an aspect of emotional intelligence, which is as important an aspect of rational human agency as the intelligent formation of beliefs and desires. (shrink)

Recent work in moral psychology that claims to show that human beings make moral judgements on the basis of multiple, divergent moral foundations has been influential in both moral psychology and moral philosophy. Primarily, such work has been taken to undermine monistic moral theories, especially those pertaining to the prevention of harm. Here, I call one of the most prominent and influential empirical cases for moral pluralism into question, namely that of Jonathan Haidt and his colleagues. I argue that Haidt (...) et al.’s argument is not as strong as it is often made out to be, given significant problems with the design of one of the key experiments used to ground the claim that there are divergent moral foundations across cultures. The flaws that I point out pose a significant challenge to Haidt et al.’s findings and have a detrimental impact on subsequent work based on this immensely influential experiment. Accordingly, I argue that both empirical and normative claims made on the basis of Haidt et al.’s findings should be treated with caution. I conclude by making some suggestions as to how some of the problems that I point out might be addressed. (shrink)

The species concept is one of the central concepts in biological science. Although modern systematics speculates about the existence of a complex hierarchy of nested taxa, biological species are considered particularly important for the active role they play in evolution. However, neither theoretical biologists nor philosophers of biology have come to an agreement about what a species is. In this chapter, we address two questions pertaining to biological species: (1) are they individuals or universals? and (2) are they bona fide (...) or fiat entities? In section The Species-as-Individuals View, we illustrate the reasons that have led many scholars to support the view that species are individuals. In the next two sections, we show that the relational concepts of species – on which the species-as-individuals view is based – provide neither necessary nor sufficient conditions for species membership. This seriously undermines the species-as-individuals view. In the section A Conceptualist Model for the Metaphysics of Species, we advance the proposal that species are fiat concepts (and thus, universal entities partially dependent on the human mind) carved in a multi-dimensional space representing the properties that the biological organisms possess. The final section concludes. (shrink)

Joint practical deliberation is the activity of deciding together what to do. In this dissertation, I argue that several speech acts that we can use to alter our moral obligations – promises, offers, requests, demands, commands, and agreements – are moves within joint practical deliberation. -/- The dissertation begins by investigating joint practical deliberation. The resulting account implies that joint deliberation is more flexible than we usually recognize, in two ways. First, we can make joint decisions not only about what (...) we will do together, but also about what you or I will do alone. Second, we can deliberate by means of two distinct methods: propose-and-ratify, in which a proposed joint decision must be explicitly accepted to come into effect, and propose-and-challenge, in which a proposed joint decision comes into force unless it is explicitly challenged. -/- Varying these parameters generates a botany of different kinds of proposals we can make within joint deliberation. When we look at these proposals more closely, we make a surprising discovery: for each kind of proposal we can make in joint practical deliberation, there is an everyday speech act with the very same properties. A certain kind of proposal to make a joint decision regarding one’s own actions has the same normative effects, under the same conditions, as a promise. One kind of proposal to make a joint decision regarding one’s addressee’s actions has all the essential features of a command; another kind of deliberative proposal – with the same content but a different method of evaluation – looks exactly like a request. And so on. -/- These similarities are too systematic to be coincidental. The only explanation, I argue, is that these ordinary speech acts are identical to their doppelgängers within joint practical deliberation. Promises and offers are proposals to make joint decisions about what I will do. Commands, demands, and requests are proposals to make joint decisions about what you will do. And agreements are joint decisions about what we will do. Call this the deliberative theory of these speech acts. -/- Considering each speech act in turn, I defend the deliberative theory by arguing that it provides a uniquely powerful explanation of its targets’ social and moral significance. Once we see how naturally these speech acts fall out of our practice of joint deliberation, theories that treat them as sui generis – as many moral philosophers now do – will come to seem redundant and nonexplanatory. Conversely, thinking of promises, offers, commands, demands, requests, and agreements as moves within joint practical deliberation allows us to give an elegant and generative theory of these phenomena that have confounded moral philosophers for so long. (shrink)

Contemporary political philosophy is, to a certain degree, dominated by a family of theories that invoke hypothetical procedures as a method of normative justification. This article intends to analyze Axel Honneth’s critique of the so-called “proceduralism” in theories of justice, as well as to examine the author’s alternative proposal for a justification method, what he calls “normative reconstruction”. Honneth’s complaints are divided in three parts: critiques of the understanding of justice, the method of justification, and the scope of proceduralist theories (...) of justice are raised, each one receiving an alternative formulation by the author. After reading texts by Axel Honneth, John Rawls — author of "A theory of justice", in which he presents one of the most well-known proceduralist arguments — Jürgen Habermas and Nancy Fraser, who raise problems for Honneth’s normative reconstruction, we suspect that even though Honneth’s critique of proceduralism and his proposal of normative reconstruction seem initially plausible, they are only possible if we abandon the framework of political philosophy to do what is usually called “social philosophy”. (shrink)

The idea of personalised medicine (PM) has gathered momentum recently, attracting funding and generating hopes as well as scepticism. As PM gives rise to differing interpretations, there have been several attempts to clarify the concept. In an influential paper published in this journal, Schleidgen and colleagues have proposed a precise and narrow definition of PM on the basis of a systematic literature review. Given that their conclusion is at odds with those of other recent attempts to understand PM, we consider (...) whether their systematic review gives them an edge over competing interpretations. We have found some methodological weaknesses and questionable assumptions in Schleidgen and colleagues’ attempt to provide a more specific definition of PM. Our perplexities concern the lack of criteria for assessing the epistemic strength of the definitions that they consider, as well as the logical principles used to extract a more precise definition, the narrowness of the pool from which they have drawn their empirical data, and finally their overlooking the fact that definitions depend on the context of use. We are also worried that their ethical assumption that only patients’ interests are legitimate is too simplistic and drives all other stakeholders’ interests—including those that are justifiable—underground, thus compromising any hope of a transparent and fair negotiation among a plurality of actors and interests. As an alternative to the shortcomings of attempting a semantic disciplining of the concept we propose a pragmatic approach. Rather than considering PM to be a scientific concept in need of precise demarcation, we look at it as an open and negotiable concept used in a variety of contexts including at the level of orienting research goals and policy objectives. We believe that since PM is still more an ideal than an achieved reality, a plurality of visions is to be expected and we need to pay attention to the people, reasons and interests behind these alternative conceptions. In other words, the logic and politics of PM cannot be disentangled and disagreements need to be tackled addressing the normative and strategic conflicts behind them. (shrink)

In recent years, a growing discussion about how we should design our cities has emerged, particularly for the more controversial modes of design such as “defensive,” “hostile,” or “disciplinary” architecture (i.e., benches on which one cannot sleep, or metal studs on which one cannot skate). Although this debate is relatively mature, many studies have argued that these design notions are undertheorized and are, thus, challenging to study from an empirical and normative perspective. In this paper, I will defne the most (...) common terms used in the literature and show how they are interconnected by utilizing a set of “conditions of adequacy” from philosophy to facilitate a more transparent and well-grounded discussion of them. Terms such as “hostile” and “defensive” design are underlined by several diferent phenomena, not just one as is sometimes commonly assumed. I will also show that these phenomena and their conceptualizations require—and sometimes force us to use—diferent moral reasons when justifying the utilization of diferent designs. (shrink)

As a nexus of fertility’s finitude and female midlife, menopause is a physical and cultural phenomenon through which the relation between the medicalization of the female reproductive cycle and normative attitudes toward aging become expressed. Age, like other systems of separation, can function as an “instrument of regulatory regimes” and shows similarities to gender in its body-bound, surface-focused, and morally coded position in the sociomedical sphere. However, although age is an influential social category, its reliance on historical and epistemic constructions (...) of the body has not been politicized to a degree comparable to other categories like gender, race, and sexuality. As Kathleen. (shrink)

Hacker communities of the 1970s and 1980s developed a quite characteristic work ethos. Its norms are explored and shown to be quite similar to those which Robert Merton suggested govern academic life: communism, universalism, disinterestedness, and organized scepticism. In the 1990s the Internet multiplied the scale of these communities, allowing them to create successful software programs like Linux and Apache. After renaming themselves the `open source software' movement, with an emphasis on software quality, they succeeded in gaining corporate interest. As (...) one of the main results, their `open' practices have entered industrial software production. The resulting clash of cultures, between the more academic CUDOS norms and their corporate counterparts, is discussed and assessed. In all, the article shows that software practices are a fascinating seedbed for the genesis of work ethics of various kinds, depending on their societal context. (shrink)

Open-content communities that focus on co-creation without requirements for entry have to face the issue of institutional trust in contributors. This research investigates the various ways in which these communities manage this issue. It is shown that communities of open-source software—continue to—rely mainly on hierarchy (reserving write-access for higher echelons), which substitutes (the need for) trust. Encyclopedic communities, though, largely avoid this solution. In the particular case of Wikipedia, which is confronted with persistent vandalism, another arrangement has been pioneered instead. (...) Trust (i.e. full write-access) is ‘backgrounded’ by means of a permanent mobilization of Wikipedians to monitor incoming edits. Computational approaches have been developed for the purpose, yielding both sophisticated monitoring tools that are used by human patrollers, and bots that operate autonomously. Measures of reputation are also under investigation within Wikipedia; their incorporation in monitoring efforts, as an indicator of the trustworthiness of editors, is envisaged. These collective monitoring efforts are interpreted as focusing on avoiding possible damage being inflicted on Wikipedian spaces, thereby being allowed to keep the discretionary powers of editing intact for all users. Further, the essential differences between backgrounding and substituting trust are elaborated. Finally it is argued that the Wikipedian monitoring of new edits, especially by its heavy reliance on computational tools, raises a number of moral questions that need to be answered urgently. (shrink)

Current naturalistic accounts of value face the problem of explaining the normative constraints that value impose on agents. Attempts to solve this problem have progressively relaxed the strictness of naturalistic requirements, up to the point of seeking theistic solutions. However, appeals to God are also problematic, since it is questionable that a relevant notion of God is conceivable at all: if God is wholly other He cannot matter for our choices and if He is a being among natural beings He (...) cannot explain our normative constraints. Engaging a discussion with Fiona Ellis’ treatment of the problem, this essay sketches an account of transcendence, which vindicates the conceivability of a notion of God suitable for the explanation of value. The proposal rests on the possibility of transcendental arguments based on analogy. (shrink)

In this chapter, we focus on animism and how it is studied in the cognitive science of religion and cultural anthropology. We argue that philosophers of religion still use (outdated) normative notions from early scientific studies of religion that go back at least a century and that have since been abandoned in other disciplines. Our argument is programmatic: we call for an expansion of philosophy of religion in order to include traditions that are currently underrepresented. The failure of philosophy of (...) religion to discuss and accommodate different perspectives means a large part of human religious beliefs, practices, and experiences remains outside its purview. As a point of focus, we examine animism in two cultures as a way to think about what sorts of questions and ideas an expansion of philosophy of religion into lesser-explored traditions could offer. (shrink)

In this paper, I should like to argue against both eliminative materialism and substance/property dualism, aiming more specifically at the reductionist arguments offered by the Churchlands’ and Swinburne’s versions thereof, insofar as they undermine moral beliefs qua first-personish accounts dismissed as folk psychology by the former, as the latter regards them as supervening on natural events extendedly, that is, necessarily both ways of the biconditional linking mental and physical substances (for every A-substance x there is a B-substance y, such that (...) necessarily if y exists x exists). (shrink)

The paper points out three serious problems in Ruud ter Meulen’s view of solidarity and of its role in healthcare ethics. First, it is not clear whether and to what extent ter Meulen expects normative concepts to be rooted in existing social practices: his criticism of liberal theories of justice seems to imply a different view on this issue than his implicit assumption that normative concepts are independent from social and historical trends. Second, it is not clear at which level (...) his notion of solidarity is meant to be applied: does it provide principles for individuals or for institutions? Nor is it clear at what level of generality it should work: is it meant for healthcare institutions or for states, for citizens or for healthcare practitioners? Third, it is not at all clear how the communitarian and the universalist aspirations in his conception of solidarity can be reconciled. In light of such difficulties it is argued that within philosophical discourse solidarity can be a useful notion only if it can be clearly distinguished from existing and commonly used ethical concepts. Three examples of such narrow and specific uses of solidarity are presented. Finally, a sceptical view of confining the work of applied philosophers to articulating normative concepts is put forward and an alternative view of blending empirical and philosophical analysis is proposed. This vision of field philosophy requires serious attention and careful understanding of the circumstances and constraints within which normative recommendations operate. It is suggested that such a modest and empirically grounded understanding of normative work is a better way of honouring the belief that philosophy is rooted in social institutions and in complex webs of relations. (shrink)

This special issue on what some regard as a crisis of replicability in cognitive science (i.e. the observation that a worryingly large proportion of experimental results across a number of areas cannot be reliably replicated) is informed by three recent developments. -/- First, philosophers of mind and cognitive science rely increasingly on empirical research, mainly in the psychological sciences, to back up their claims. This trend has been noticeable since the 1960s (see Knobe, 2015). This development has allowed philosophers to (...) draw on a wider range of relevant resources, but it also makes them vulnerable to relying on claims that may not survive further scrutiny. If we have reasons to believe that a large proportion of findings in the psychological sciences cannot be reliably replicated, this would be a problem for philosophers who use such findings in their work. Second, philosophers are increasingly designing and carrying out their own experiments to back up claims, or to test claims earlier made from the armchair, for example, on the perceived permissibility of diverting trolleys or on the nature of free will. This growing field of experimental philosophy has diversified the intellectual field in philosophy, but may also be vulnerable to issues of replicability that philosophers did not face before. -/- Third, the recent evidence of apparently widespread non-replicability in the social sciences (and other fields) has forced philosophers of science to grapple with long standing questions from their field from a new perspective. To what extent does replicability matter for theory construction? How do the notions of replicability and scientific progress interact? How can normative insights from philosophy of science be used in order to improve scientific practice? -/- It is with these three developments in mind—the increasing importance of empirically-informed philosophy, of experimental philosophy, and of philosophy of science around replicability—that this special issue has been conceived. (shrink)

Background: Patient participation in clinical ethics support services has been marked as an important issue. There seems to be a wide variety of practices globally, but extensive theoretical or empirical studies on the matter are missing. Scarce publications indicate that, in Europe, patient participation in CESS varies from region to region, and per type of support. Practices vary from being non-existent, to patients being a full conversation partner. This contrasts with North America, where PP seems more or less standard. While (...) PP seems to be on the rise in Europe, there is no data to confirm this. This study sought a deep understanding of both habits and the attitudes towards PP in the Netherlands, including respondents’ practical and normative perspectives on the matter. Methods and Results: We developed a national survey on PP for Dutch CESS staff. Our survey comprised a total of 25 open and close-ended questions, focused on four topics related to PP goals of CESS, status quo of PP, ideas and ideals concerning PP, and obstacles for PP. Discussion: The four most important findings were that: Patient participation in Dutch CESS is far from standard. Views on patient participation are very much intertwined with the goals of ethics support. Hesitations, fears and perceived obstacles for PP were not on principle and Most respondents see PP as a positive opportunity, yet requiring additional training, practical guidance and experience. Conclusions: Various normative reasons require PP. However, PP seems far from standard and somewhat rare in Dutch CESS settings. Our respondents did not raise many principled objections to PP. Instead, reasons for the lack of PP are intertwined with viewpoints on the goals of CESS, which seemingly focus on supporting health care professionals. Training and practical guidance was thought to be helpful for gaining experience for both CESS staff and HCPs. (shrink)

The fundamental problem for theoretical aesthetics is its inability to account for art’s meaning-value (Trimarchi, 2022). As previously argued, Art’s higher meaning is only found emerging from the artwork’s tacit dimensions, where empirical-historical intentionality is almost completely inconsequential (Trimarchi, 2024b). The latter’s interpretable ‘phenomenology of sequence’ produces a false theorising tendency, disconnecting art from the history of ideas and severing aesthetics from ethics and logic. Art appears ‘infinitely interpretable’, hence entirely subjective. Adapting Arnold’s (2011) actantial processual approach, I show how (...) Peircian semiotics, via ‘real Secondness’, uncovers art’s higher meaning. Peirce’s ‘diagrammatic thinking’ exposes art’s unique role of ‘objectifying’ the Person (in any subject, via appropriate propositions), without de-valuing this bearer of moral values. His ‘semiotic realism’ helps unveil Scheler’s anthropological (also termed ‘ethical’) phenomenology emerging from Merleau-Ponty’s ‘obscure zone’, to discern poetic from other speculation. Art’s ‘subject-objectivation’ (or, ethical intentionality) is thus able to be mapped phenomenologically to reveal any artwork’s meaning-value orientation. This paper combines Peirce’s ‘phenomenology of reason’ with Scheler’s hierarchy of values and Schelling’s ‘mythological categories’ (Trimarchi 2024b) to suggest a methodology for moving beyond neo-Kantian theoretical aesthetics (and analytical philosophy’s grip on the anti-art of ‘modernity’). That is, moving from the realm of perception to knowing, reviving art’s ontological connection to normative aesthetics. In conclusion, Peirce’s ‘science of ideals’ is thus revealed as Complexity Science, which – via his ‘suspended second’ (or, Ricoeur’s ‘second ontology’) - vindicates Schelling’s claim for how ‘aesthetics becomes objective’ (Trimarchi, 2024a). (shrink)

In this essay I explore the potential contribution of Peirce's theory of scientific inquiry to moral philosophy. After a brief introduction, I outline Peirce's theory of inquiry. Next, I address why Peirce believed that this theory of inquiry is inapplicable to what he called "matters of vital importance," the latter including genuine moral problems. This leaves us in the end with two options: We can try to develop an alternative way of addressing moral problems or we can seek to reconcile (...) moral problems with scientific inquiry as described by Peirce. Though Peirce seems to argue for the former, I argue for the latter. (shrink)

What is a moral argument? A straightforward answer is that a moral argument is an argument dealing with moral issues, such as the permissibility of killing in certain circumstances. I call this the thin sense of ‘moral argument’. Arguments that we find in normative and applied ethics are almost invariably moral in this sense. However, they often fail to be moral in other respects. In this article, I discuss four ways in which morality can be absent from moral arguments in (...) the thin sense. If these arguments suffer from an absence of morality in at least one of these ways, they are not moral arguments in what I will call the thick sense of ‘moral argument’. Because only moral arguments in the thick sense could possibly qualify as proper responses to moral problems, the absence of morality in thin arguments means that these arguments will fail to give us a reason to do whatever they claim that we ought to do, even if we see no independent reason to question the truth of the premises or the logical validity of the argument. (shrink)

In this paper we challenge the notion of ‘normativity’ used by some enactive approaches to cognition. We define some varieties of enactivism and their assumptions and make explicit the reasoning behind the co-emergence of individuality and normativity. Then we argue that appealing to dispositions for explaining some living processes can be more illuminating than claiming that all such processes are normative. For this purpose, we will present some considerations, inspired by Wittgenstein, regarding norm-establishing and norm-following and show that attributions of (...) normativity to non-social agents are deeply paradoxical. The main conclusions of our discussion are: (1) circular and internal explanations centred on the stability of living systems are insufficient to account for processes where the environment plays an important role, such as adaptation. Enactivism is not an explanatory alternative to evolutionary biology but needs it as a complement to accounts focused on the internal self-assembly of organisms; (2) though we share enactivism’s anti-representational spirit, we argue that ecological psychology can offer a better account of perception. (shrink)