There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the (...) way for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

The history of civil disobedience until the 1960s is, historians and political theorists have shown, the history of a fundamentally anticolonial, anticapitalistic, and antimilitaristic political practice. This history was progressively erased from our political imagination as the phrase was reconceptualized by American liberal lawyers and scholars in the late-1960s and early-1970s. These liberals argued that civil disobedience was not a revolutionary but an essentially reformist form of action, at a time when social movements were accused of endangering American democracy (...) amidst rising crime rates in the United States. Civil disobedience, the argument ran, would encourage a criminal attitude toward a legitimately elected government. In the midst of conservative calls for law and order and the election of Richard Nixon to the presidency, affirming that civil disobedience was not a radical form of political action became a key rhetorical strategy for American liberals during the so-called War on Crime. In this essay, I retrace debates about civil disobedience and criminality in this context. I consider in closing how liberal conceptualizations of peaceful protest have served to delegitimize and criminalize activism until today. (shrink)

If an asymmetry in time does not arise from the fundamental dynamical laws of physics, it may be found in special boundary conditions. The argument normally goes that since thermodynamic entropy in the past is lower than in the future according to the Second Law of Thermodynamics, then tracing this back to the time around the Big Bang means the universe must have started off in a state of very low thermodynamic entropy: the Thermodynamic Past Hypothesis. In this (...) paper, we consider another boundary condition that plays a similar role, but for the decoherent arrow of time, i.e. the quantum state of the universe is more mixed in the future than in the past. According to what we call the Entanglement Past Hypothesis, the initial quantum state of the universe had very low entanglement entropy. We clarify the content of the Entanglement Past Hypothesis, compare it with the Thermodynamic Past Hypothesis, and identify some challenges and open questions for future research. (shrink)

It is a remarkable fact that all processes occurring in the observable universe are irre- versible, whereas the equations through which the fundamental laws of physics are formu- lated are invariant under time reversal. The emergence of irreversibility from the funda- mental laws has been a topic of consideration by physicists, astronomers and philosophers since Boltzmann's formulation of his famous \H" theorem. In this paper we shall discuss some aspects of this problem and its connection with the dynamics of (...) space-time, within the framework of modern cosmology. We conclude that the existence of cosmological horizons allows a coupling of the global state of the universe with the local events deter- mined through electromagnetic processes. (shrink)

Time is a complex category not only in philosophy but also in mathematics and physics. In one thought about time, the author accidentally discovered a new way to explain and solve problems related to time dilation, such as solving the problem of Muon particle when moving from a height of 10 km to the earth’s surface, while the Muon’s lifespan is only 2.2 microseconds, or explaining Michelson-Morley experiment using the new method. In addition, the author also prove (...) that the speed of light in vacuum is the maximum speed in the universe, and discovered the red shift effect while there is no increase in distance between objects. To do this, the author has built two axioms based on the discontinuity in the motion of the object and draw two consequences along with the law of conservation of time. (shrink)

This article is the FIFTH of several excerpts from my book The Nondual Mind: Vedānta, Kashmiri Pratyabhijñā Shaivism, and Spinoza (the full book is posted on this site). “I liked James H. Cumming’s The Nondual Mind a lot. It is beautifully written, thoughtful, and very clear.” (Prof. Yitzhak Y. Melamed, Charlotte Bloomberg Professor of Philosophy, Johns Hopkins University) “James H. Cumming’s scholarly interpretation of Spinoza’s works, persuasively showing how 17th century European ideas that ushered in the Enlightenment find a precursor (...) in 10th century Kashmir, is a masterpiece of reason and philosophy that will leave the reader with profound thoughts on the meaning of history, God, and life itself. As a senior staff attorney in my chambers for many years at the California Supreme Court and a top scholar of ethics and philosophy of law, Mr. Cumming never ceased to amaze me with his outstanding research and intellect. This scholarly book is a must read for all who want to know why Spinoza continues to influence contemporary philosophy and how his work is still relevant in today’s challenging, interconnected world.” (Hon. Ming W. Chin, Associate Justice (Retired), Supreme Court of California, 1996–2020). (shrink)

Karl Popper is famous for favoring an open society, one in which the individual is treated as an end in himself and social arrangements are subjected to critical evaluation, which he defends largely by appeal to a Kantian ethic of respecting the dignity of rational beings. In this essay, I consider for the first time what the implications of a characteristically African ethic, instead prescribing respect for our capacity to relate communally, are for how the state should operate in (...) an open society. I argue that while an under-appreciated Afro-communal moral foundation does not prescribe a closed society, it supports an open society politics and law of a sort different from the one that Popper specifies. For Popper, the state in an open society should improve social arrangements albeit without seeking to promote a particular conception of the good life, should protect rights that merely serve the function of facilitating individual choice, and should employ majoritarian democracy to be able to avoid unwelcome rulers and policies. On all three counts, I show that a relational ethic typical of the African philosophical tradition, but having broad intuitive appeal, entails different, intuitively attractive approaches to politics and law. (shrink)

According to an influential and intuitively appealing argument, morality is usually continuous, namely, a gradual change in one morally significant factor triggers a gradual change in another; the law should usually track morality; therefore, the law should often be continuous. This argument is illustrated by cases such as the following example: since the moral difference between a defensive action that is reasonable and one that is just short of being reasonable is small, the law should not impose a severe punishment (...) when the action is almost reasonable and no punishment at all when the action is reasonable. In this Article, I consider two doubts regarding this argument. First, the premise that morality is continuous in such cases is incompatible with the common view that the moral status of actions is not continuous since there is an important difference between actions that are permissible and actions that are wrong— even if this difference is due to a difference that is very small, such as the one between an action whose consequences are the best and an action whose consequences are just slightly less good. This view extends also to the overall moral status of agents given the common assumption that it depends on the moral status of their actions. This is an important challenge that the Continuity Argument should confront. However, I argue that the best account of morality is more scalar than the common view in these respects. Therefore, I conclude that the first premise of the Continuity Argument is correct in this regard, although it is based on a minority view. The second doubt concerns the scope of the second premise: since there are reasons both in favor and against legal continuity, and the applicability and force of these reasons depend not only on various moral propositions but also on contingent non-moral facts, we often lack the evidence to determine the degree to which the law, at a certain place and time, should be continuous, and specifically that it should often be continuous. (shrink)

Metaphysics should follow science in postulating laws alongside properties. I defend this claim against the claim that natural properties conceived as powers make laws of nature redundant. Natural properties can be construed in a “thin” or a “thick” way. If one attributes a property in the thin sense to an object, this attribution does not conceptually determine which other properties the object possesses. The thin construal is underlying the scientific strategy for understanding nature piecemeal. Science explains phenomena by cutting reality (...) conceptually in properties attributed to space-time points, where these properties are conceived of independently of each other, to explore then, in a separate step, how the properties are related to each other; those determination relations between properties are laws. This is compatible with the thesis that laws are metaphysically necessary. According to the thick conception, a property contains all its dependency relations to other properties. The dependency relationships between properties (which appear as laws in the thin conception) are parts of the properties they relate. There are several reasons to resist the thick conception of properties. It makes simple properties “holistic”, in the sense that each property contains many other properties as parts. It cannot account for the fact that properties constrain each other’s identity; it can neither explain why natural properties are linked to a unique set of dispositions, nor why and how this set is structured nor why the truth-maker of many disposition attributions is relational although the disposition is grounded on a monadic property. (shrink)

Paul Guyer’s Kant on Freedom, Law, and Happiness is a collection of essays written over a period of ten years on the roles of freedom, reason, law, and happiness in Kant’s practical philosophy. The centrality of these concepts has always been acknowledged, but Guyer proposes a different way to understand their interconnections. Kant extols respect for moral law and conformity to moral principle for its own sake while at the same time celebrating the value of human freedom and autonomy. (...) Guyer sees tensions between these two poles of Kant’s practical philosophy—obedience to law and the value of freedom. He argues: “A profound paradox can be avoided only if it can be shown that Kant intended obedience to universal law to be mandatory solely as the necessary condition for the realization of human freedom and through that freedom a systematic and unselfish distribution of happiness among all persons” and that “the sheer fact of adherence to universal law is not an end in itself but is rather the means to the realization of the human potential for autonomy or freedom in both choice and action” (p. 1). One guiding theme of Guyer’s book is that Kant’s practical philosophy is based on the fundamental, and hence indemonstrable, intrinsic value of freedom, which Guyer understands as a value that is prior to the moral law, providing both an end to be realized through conformity to universal law and the basis of the authority of moral principles. Conformity to universal law has no intrinsic value in itself; it is the means to the preservation, enhancement, and full realization of human freedom, and is required because of its instrumental connection to the prior value of freedom. As he says, “freedom of choice and its natural expression in action are what human beings value most, and the fundamental principle of morality and the rules for both po-. (shrink)

The aim of this master’s thesis is to analyse and highlight the interaction between science, politics and law. More precisely, our research question concerns the use of scientific arguments in social spheres (notably in politics and law) instead of legal or political arguments. In fact, we want to raise the way in which certain actors invoke scientific arguments to impose "objective" elements of fact in debate and, in this way, refrain from politically and "subjectively" discussing these same elements (or, at (...) least, their social consequences). This Master’s thesis will adopt an interdisciplinary theoretical framework (chapter 1) mobilising philosophy of science, philosophy of law, sociology of law, legal technique and analytical theories. Then, we will apply it to a case study: the European regulation of genetically modified organisms (GMOs) after the European Court of Justice (CJEU) ruling of 25 July 2015 (chapter 2). The first chapter will provide theoretical elements to rethink the interaction between science, politics and law. The first section will propose a 'state of the art’ of the philosophical literature on the relationship between science (as a regime of truth) and politics. This master’s thesis will assess a truth under construction rather than a transcendental truth. Section 2 anticipates authoritarian claims based on science by considering the relationship science can have with power (Foucault). A solid review of philosophical, sociological and legal literature highlights the risks of giving decision-making power to an all-powerful science. Notably, the use of science to justify discriminatory policies is emphasised as these policies could not be challenged because, at the time, it was considered an objective scientific truth. Finally, section 3 offers a critique of the narratives of neutral and objective science, through the approach of science in action. This sociological approach presented all the doubts and subjectivity of science in action. The second chapter will propose a case study to illustrate the theoretical framework. We have chosen GMOs because they constitute a hybrid 'event', marked by scientific controversies, and with major socio-economic implications. The legal framework of GMOs in the European Union will be presented in the first section. In addition, the legal status of new breeding techniques (NBTs) will be examined. The second section will analyse the ruling of the European Court of Justice which made NBTs subject to GMO regulation. Finally, the third section will propose a reflection on the philosophy of law on the modes of existence of scientific, legal and political disciplines. (shrink)

A simple solution to the problem of time is proposed by postulating that if the Universe is time-like, stationary, and bounded then it could be divided into static temporal gradations or contours. Hence, an energy diffusion flux (EDF) equation was established from which the Planck and the Hubble times have been derived. It is then found that time is unimportant after applying Gauss's Law on EDF when looking for a characteristic length of the Universe א. An uncertainty (...) rule was also found that may limit our simultaneous information between the scope of looking into space and the masses that it comprises. The paper concludes that if the Universe was in a stationary state and bounded, then, it did not begin to exist when compared to a vast and, probably, timeless Background. It appears to begin to exist because the information is largely mediated by optics. Thus, time is more epistemological in nature rather than ontological because of the limit that light imposes against instantaneous access to information. For this reason, the beginninglessness of the Universe should not preclude one from saying that the Universe does have a cause. (shrink)

This paper offers a solution to the problem of time by proposing that if the universe is time-like, stationary, and bounded, then it can be divided into static temporal gradations or contours. This led to the establishment of an energy diffusion flux (EDF) equation from which the Planck and Hubble times were derived. It was found that time becomes unimportant after applying Gauss's Law on EDF when searching for the characteristic length of the universe א. Additionally, an (...) uncertainty rule that may limit our simultaneous knowledge about the scope of space and the masses it contains was discovered. The paper concludes that if the universe is stationary and bounded, then it did not have a beginning compared to a vast, probably timeless background. Its appearance of having a beginning is because the information is largely conveyed through optics. (shrink)

This Article shows how three modern English thinkers — Hobbes, Locke and Bentham — construe the law as an intersection of secular eternity on the one one hand and transience in modernity on the other, allowing for immovability and movement at the same time, combining stability with change. It details how these theorists, who undoubtedly have earned themselves places of honor in the canon of modern political thought, tried to solve the problem of self-grounding in three different and yet (...) paradigmatically modern ways, each of them intertwining law and time in a different fashion, and each of them connecting both law and temporality to happiness. Thus this Article shows not only that these three British thinkers claim in one way or another that while natural desires may provide pleasure, only the law can bring happiness, but also emphasizes that, in their view, the transformation of the former into the latter entails a transformation of temporal consciousness. Thereby this Article foregrounds two elements that are crucial to an understanding of how seventeenth and eighteenth century British thinkers envisaged the transformation of pleasure into happiness by means of the law: first, the notion that the law creates or reinforces duration in social life, and second, the idea that the law can harness the immediacy of desires by assuring the legal protection of enduring pleasures, which lead to happiness. (shrink)

Albert Einstein once made the following remark about "the world of our sense experiences": "the fact that it is comprehensible is a miracle." (1936, p. 351) A few decades later, another physicist, Eugene Wigner, wondered about the unreasonable effectiveness of mathematics in the natural sciences, concluding his classic article thus: "the miracle of the appropriateness of the language of mathematics for the formulation of the laws of physics is a wonderful gift which we neither understand nor deserve" (1960, p. 14). (...) At least three factors are involved in Einstein's and Wigner's miracles: the physical world, mathematics, and human cognition. One way to relate these factors is to ask how the universe could possibly be structured in such a way that mathematics would be applicable to it, and we would be able to understand that application. This is roughly Wigner's question. Alternatively, the way of the mathematical naturalist is to argue that we abstract certain properties from the world, perhaps using our bodies and physical tools, thereby articulating basic mathematical concepts, which we continue building into the complex formal structures of mathematics. John Stuart Mill, Penelope Maddy, and Rafael Nuñez teach this strategy of cognitive abstraction, in very different manners. But what if the very concepts and basic principles of mathematics were built into our cognitive structure itself? Given such a cognitive a priori mathematical endowment, would the miracles of the link between world and cognition (Einstein) and mathematics and world (Wigner) not vanish, or at least significantly diminish? This is the stance of Stanislas Deheane and Elizabeth Brannon's 2011 anthology, following a venerable rationalist tradition including Plato and Immanuel Kant. (shrink)

I explain in what sense the structure of space and time is probably vague or indefinite, a notion I define. This leads to the mathematical representation of location in space and time by a vague interval. From this, a principle of complementary inaccuracy between spatial location and velocity is derived, and its relation to the Uncertainty Principle discussed. In addition, even if the laws of nature are deterministic, the behaviour of systems will be random to some degree. These (...) and other considerations draw classical physics closer to Quantum Mechanics. An arrow of entropy is also derived, given an arrow of time. Lastly, chaos is given an additional, objective meaning. (shrink)

Can the second law of thermodynamics explain our mental experience of the direction of time? According to an influential approach, the past hypothesis of universal low entropy also explains how the psychological arrow comes about. We argue that although this approach has many attractive features, it cannot explain the psychological arrow after all. In particular, we show that the past hypothesis is neither necessary nor sufficient to explain the psychological arrow on the basis of current physics. We propose two (...) necessary conditions on the workings of the brain that any account of the psychological arrow of time must satisfy. And we propose a new reductive physical account of the psychological arrow of time compatible with time-symmetric physics, according to which these two conditions are also sufficient. Our proposal has some radical implications, for example, that the psychological arrow of time is fundamental, whereas the temporal direction of entropy increase in the second law of thermodynamics and the past hypothesis is derived from it, rather than the other way around. 1Introduction2A Physical Account of the Psychological Arrow of Time3Necessary Conditions for the Psychological Arrow of Time4The Psychological Arrow of Time via the Second Law of Thermodynamics and the Past Hypothesis5Why the Past Hypothesis Is Insufficient for the Psychological Arrow of Time5.1Stage 1, Version 1: From the past hypothesis to the psychological arrow via typicality5.2Stage 1, Version 2: From the past hypothesis to the psychological arrow via dynamical or causal considerations5.3Stage 2: From entropy gradient in the brain to the psychological arrow of time6Why the Past Hypothesis Is Unnecessary for the Psychological Arrow of Time7A New Reductive Account of the Psychological Arrow of Time. (shrink)

There are possible worlds in which time is circular and finite in duration, forming a loop of, say, 12,000 years. There are also possible worlds in which time is linear and infinite in both directions, and in which history is repetitive, consisting of infinitely many 12,000 year epochs, each two of which are exactly alike with respect to all intrinsic, purely qualitative properties. Could one ever have empirical evidence that one inhabits a world of the first kind rather (...) than a world of the second kind? We argue for the affirmative answer, contra Quine (1979), Newton-Smith (1980), and Bergström (2013). Our argument for that conclusion differs from an argument for the same conclusion due to Susan Weir, reported by Richard Sorabji (1988). Weir’s argument is probabilistic and explicitly requires having evidence against determinism. Our argument is a direct appeal to the simplicity of laws, and it involves no probabilistic component. It is modeled on Shoemaker’s (1969) argument that one could have evidence of time without change. (shrink)

We show in this paper that the answer to the question in the title is in the negative. In modern optics, Snell’s law of reflection is derived using Leibniz’s calculus method that identifies the least time path, chosen by rays of light in going from a given point A, to another given point B, undergoing reflection at a point P on their way. We demonstrate, taking two examples of reflection: (1) at a plane reflector and (2) at elliptical reflector, (...) that Snell’s law of reflection is not a consequence of least time path principle and, that Leibniz’s method of derivation of Snell’s law of reflection is invalid. In (1), we prove that, if a light ray is reflected at point P on a line, along the least time path APB, then at every point Pi on that line, rays from A are reflected to point B, satisfying Snell’s law. However, paths, APB and APiB do not have equal travel times. In (2), we prove that, if a light ray is reflected along the least time path APB, from focus A to focus B incident at point P on an ellipse, satisfies Snell’s law, then points Pi, not lying on the ellipse, also reflect light rays from A to B, satisfying Snell’s law. However, the paths APB and APiB do not have equal travel times. Thus, both examples prove that least time path is not a criterion for reflection and, that Snell’s law of reflection is not a consequence of least time path principle. (shrink)

The principle of Information Conservation or Determinism is a governing assumption of physical theory. Determinism has counterfactual consequences. It entails that if the present were different, then the future would be different. But determinism is temporally symmetric: it entails that if the present were different, the past would also have to be different. This runs contrary to our commonsense intuition that what has happened in the future depends on the past in a way the past does not depend on the (...) future. To understand how this can be so we observe that while the truth of some counterfactuals is guaranteed by the laws of logic or the laws of nature, some are not. It is among the latter contingent, counterfactuals that we find temporal asymmetry. It is this asymmetry that gives causation a temporal direction. The temporal asymmetry of these counterfactuals is explained by the fact that the dynamical laws of nature are logically irreversible functions from partial states of the world onto other partial states. (Logical reversibility is not to be confused, though it too often is, with time-reversal invariance). Though these irreversible laws are locally indeterministic, they can sum to give a globally deterministic description of the world. This combination of global determinism and local indeterminism gives rise to contingent counterfactual dependence and gives that dependence a direction. That direction is independent of the direction of entropy. The direction of contingent counterfactual dependence is time's arrow. (shrink)

Contemporary physics, with two Einstein’s theories and with Heisenberg’s principle of indeterminacy are frequently interpreted as a removal of the causality from physics. We argue that this is wrong. There are no indications in physics, either classical or quantum, that physical laws are indeterministic, on the ontological level. On the other hand, both classical and quantum physics are, practically, indeterministic on the epistemic level: there are no means for us to predict the detailed future of the world. Additionally, essentially all (...) physical principles, including the arrow of time and the conservation of energy could be, hypothetically, violated. However, in contrast to Hume’s skepticism, we have no experimental evidence that the causality can be removed or even “hung on” in any case. The text contains some didactical-like issues, as well. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

If the Past Hypothesis underlies the arrows of time, what is the status of the Past Hypothesis? In this paper, I examine the role of the Past Hypothesis in the Boltzmannian account and defend the view that the Past Hypothesis is a candidate fundamental law of nature. Such a view is known to be compatible with Humeanism about laws, but as I argue it is also supported by a minimal non-Humean "governing'' view. Some worries arise from the non-dynamical and (...) time-dependent character of the Past Hypothesis as a boundary condition, the intrinsic vagueness in its specification, and the nature of the initial probability distribution. I show that these worries do not have much force, and in any case they become less relevant in a new quantum framework for analyzing time's arrows---the Wentaculus. Hence, the view that the Past Hypothesis is a candidate fundamental law should be more widely accepted than it is now. (shrink)

In a recent paper I proposed a novel relativity theory termed Information Relativity (IR). Unlike Einstein's relativity which dictates as force majeure that relativity is a true state of nature, Information Relativity assumes that relativity results from difference in information about nature between observers who are in motion relative to each other. The theory is based on two axioms: 1. the laws of physics are the same in all inertial frames of reference (Special relativity's first axiom); 2. All translations of (...) information from one frame of reference to another are carried by light or by another carrier with equal velocity (information-carrier axiom). For the case of constant relative velocities, I showed in the aforementioned paper that IR accounts successfully for the results of a class of relativistic time results, including the Michelson-Morley's "null" result, the Sagnac effect, and the neutrino velocities reported by OPERA and other collaborations. Here I apply the theory, with no alteration, to cosmology. I show that the theory is successful in accounting for several cosmological findings, including the pattern of recession velocity predicted by inflationary theories, the GZK energy suppression phenomenon at redshift z ̴ 1.6, and the amounts of matter and dark energy reported in recent ΛCDM cosmologies. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

We address the question of whether it is possible to operate a time machine by manipulating matter and energy so as to manufacture closed timelike curves. This question has received a great deal of attention in the physics literature, with attempts to prove no- go theorems based on classical general relativity and various hybrid theories serving as steps along the way towards quantum gravity. Despite the effort put into these no-go theorems, there is no widely accepted definition of a (...) time machine. We explain the conundrum that must be faced in providing a satisfactory definition and propose a resolution. Roughly, we require that all extensions of the time machine region contain closed timelike curves; the actions of the time machine operator are then sufficiently "potent" to guarantee that closed timelike curves appear. We then review no-go theorems based on classical general relativity, semi-classical quantum gravity, quantum field theory on curved spacetime, and Euclidean quantum gravity. Our verdict on the question of our title is that no result of sufficient generality to underwrite a confident "yes" has been proven. Our review of the no-go results does, however, highlight several foundational problems at the intersection of general relativity and quantum physics that lend substance to the search for an answer. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction (...) of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

The idea of natural law has a long history. It has had different meanings for different people and continues to occupy intellectual engagements as to the connotations of the expression ‘natural law’ in diverse and different contexts. This requires delving deep into the hoarypast and analyzing the gradual development of the idea of natural law through the ages. Understanding natural law necessitates exploring its relation with positive law, its application, and, notably, the import of the word ‘natural’ in the expression (...) ‘natural law’. Be that as it may, there is no denying the fact that there is an element of exclusivity in natural law that has kept it alive and going across generations. Even some of the jurists who adhered to the principles and tenets of legal positivism have shown an inclination towards the principles of natural law, especially as regards the relation between law and morality. It has survived the tests of time. The present paper seeks to explicate the various dimensions of natural law and explore its growth application. (shrink)

While Autonomous Weapons Systems have obvious military advantages, there are prima facie moral objections to using them. By way of general reply to these objections, I point out similarities between the structure of law and morality on the one hand and of automata on the other. I argue that these, plus the fact that automata can be designed to lack the biases and other failings of humans, require us to automate the formulation, administration, and enforcement of law as much as (...) possible, including the elements of law and morality that are operated by combatants in war. I suggest that, ethically speaking, deploying a legally competent robot in some legally regulated realm is not much different from deploying a more or less well-armed, vulnerable, obedient, or morally discerning soldier or general into battle, a police officer onto patrol, or a lawyer or judge into a trial. All feature automaticity in the sense of deputation to an agent we do not then directly control. Such relations are well understood and well-regulated in morality and law; so there is not much challenging philosophically in having robots be some of these agents — excepting the implications of the limits of robot technology at a given time for responsible deputation. I then consider this proposal in light of the differences between two conceptions of law. These are distinguished by whether each conception sees law as unambiguous rules inherently uncontroversial in each application; and I consider the prospects for robotizing law on each. Likewise for the prospects of robotizing moral theorizing and moral decision-making. Finally I identify certain elements of law and morality, noted by the philosopher Immanuel Kant, which robots can participate in only upon being able to set ends and emotionally invest in their attainment. One conclusion is that while affectless autonomous devices might be fit to rule us, they would not be fit to vote with us. For voting is a process for summing felt preferences, and affectless devices would have none to weigh into the sum. Since they don't care which outcomes obtain, they don't get to vote on which ones to bring about. (shrink)

One of the most difficult problems in the foundations of physics is what gives rise to the arrow of time. Since the fundamental dynamical laws of physics are (essentially) symmetric in time, the explanation for time's arrow must come from elsewhere. A promising explanation introduces a special cosmological initial condition, now called the Past Hypothesis: the universe started in a low-entropy state. Unfortunately, in a universe where there are many copies of us (in the distant ''past'' or (...) the distant ''future''), the Past Hypothesis is not enough; we also need to postulate self-locating (de se) probabilities. However, I show that we can similarly use self-locating probabilities to strengthen its rival---the Fluctuation Hypothesis, leading to in-principle empirical underdetermination and radical epistemological skepticism. The underdetermination is robust in the sense that it is not resolved by the usual appeal to 'empirical coherence' or 'simplicity.' That is a serious problem for the vision of providing a completely scientific explanation of time's arrow. (shrink)

Notoriously, the Einstein equations of general relativity have solutions in which closed timelike curves occur. On these curves time loops back onto itself, which has exotic consequences: for example, traveling back into one's own past becomes possible. However, in order to make time travel stories consistent constraints have to be satisfied, which prevents seemingly ordinary and plausible processes from occurring. This, and several other "unphysical" features, have motivated many authors to exclude solutions with CTCs from consideration, e.g. by (...) conjecturing a chronology protection law. In this contribution we shall investigate the nature of one particular class of exotic consequences of CTCs, namely those involving unexpected cases of indeterminism or determinism. Indeterminism arises even against the backdrop of the usual deterministic physical theories when CTCs do not cross spacelike hypersurfaces outside of a limited CTC-region|such hypersurfaces fail to be Cauchy surfaces. We shall compare this CTC-indeterminism with four other types of indeterminism that have been discussed in the philosophy of physics literature: quantum indeterminism, the indeterminism of the hole argument, non-uniqueness of solutions of differential equations and lack of predictability due to insuffcient data. By contrast, a certain kind of determinism appears to arise when an indeterministic theory is applied on a CTC: things cannot be different from what they already were. Again we shall make comparisons, this time with other cases of determination in physics. We shall argue that on further consideration both this indeterminism and determinism on CTCs turn out to possess analogues in other, familiar areas of physics. CTC- indeterminism is close to the epistemological indeterminism we know from statistical physics, while the "fixedness" typical of CTC-determinism is pervasive in physics. CTC- determinism and CTC-indeterminism therefore do not provide incontrovertible grounds for rejecting CTCs as conceptually inadmissible. (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

As Alexander D’Entrees observed over forty years ago, the case for natural law “is not an easy one to put clearly and convincingly.” Furthermore, even if one can make the case for natural law in a clear and convincing manner, one should not expect such an argument to be clear and convincing for all time. Instead, the case for natural law must be an ongoing argument, addressing itself perpetually to the needs of the time as these needs shift (...) and change. In short, the case for natural law “must needs appear in a different light according to the angle in time or in place from which it is looked at.” With this precept in mind, I seek to examine Thomas Aquinas’s natural law teaching on the legislation of virtue in light of concerns that are especially acute from the perspective of contemporary liberalism. (shrink)

The common view that Hume is a regularity theorist about laws of nature isn’t textually well grounded. The texts show that he thinks of them as objective governing principles that could conceivably be violated while still counting as a law of nature. This is a standard view at the time, and Hume borrows it from others. He implies that the best evidence for rational religion is the exceptionless workings of the laws of nature, he argues that suicide isn’t incompatible (...) with the will of God by identifying his will with the laws of nature, and he has Philo argue for the existence of God from the simplicity of the laws governing the world. He sheds some of the theological baggage that laws of nature carry at the time, but not all of it. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any (...) number of transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...) Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

The article examines the so-called slippery slope argument (SSA) against the legalization of active voluntary euthanasia (AVE). According to the SSA, by legalizing AVE, the least morally controversial type of euthanasia, we will take the first step onto a slippery slope and inevitably end up in the moral abyss of widespread abuse and violations of the rights of the weakest and most vulnerable patients. In the first part of the paper, empirical evidence to the contrary is presented and analyzed: None (...) of the forecasted regrettable trends can be elicited from the body of existing statistical data. Accordingly, we have no good reason to believe either that we already are, or are sooner or later going to be, sliding into a moral abyss. A related question is then considered: Would it not be wiser and safer to stick to the status quo and preserve the existing legal ban on AVE even if the risk of its abuse is uncertain and may well turn out to be relatively low? It is argued that such an appeal to precautionary reasoning fails to justify an outright legal ban on AVE for at least two reasons: (i) it grossly underestimates the hidden moral costs of current legal arrangements (competent terminal patients suffer both disrespect for their autonomous will and deprivation of the good of a timely death) and (ii) the ban is both too inefficient and disproportionate to qualify as a reasonable measure of precaution. (shrink)

The article examines the so-called slippery slope argument (SSA) against the legalization of active voluntary euthanasia (AVE). According to the SSA, by legalizing AVE, the least morally controversial type of euthanasia, we will take the first step onto a slippery slope and inevitably end up in the moral abyss of widespread abuse and violations of the rights of the weakest and most vulnerable patients. In the first part of the paper, empirical evidence to the contrary is presented and analyzed: None (...) of the forecast regrettable trends can be elicited from the body of existing statistical data. Accordingly, we have no good reason to believe either that we already are, or are sooner or later going to be, sliding into a moral abyss. A related question is then considered: Would it not be wiser and safer to stick to the status quo and preserve the existing legal ban on AVE even if the risk of its abuse is uncertain and may well turn out to be relatively low? It is argued that such an appeal to precautionary reasoning fails to justify an outright legal ban on AVE for at least two reasons: (i) it grossly underestimates the hidden moral costs of current legal arrangements (competent terminal patients suffer both disrespect for their autonomous will and deprivation of the good of a timely death) and (ii) the ban is both too inefficient and disproportionate to qualify as a reasonable measure of precaution. (shrink)

The aim of this paper is to analyze time-asymmetric quantum mechanics with respect to the problems of irreversibility and of time’s arrow. We begin with arguing that both problems are conceptually different. Then, we show that, contrary to a common opinion, the theory’s ability to describe irreversible quantum processes is not a consequence of the semigroup evolution laws expressing the non-time-reversal invariance of the theory. Finally, we argue that time-asymmetric quantum mechanics, either in Prigogine’s version or (...) in Bohm’s version, does not solve the problem of the arrow of time because it does not supply a substantial and theoretically founded criterion for distinguishing between the two directions of time. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 31, Number 1, April 2005, pp. 123-144 Laws Not Men: Hume's Distinction between Barbarous and Civilized Government NEIL McARTHUR 1. Introduction Hume uses the adjectives "civilized" and "barbarous" in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development are (...) intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before "refinements have taken place" in the society at large and "science [becomes] known in the world." At the same time, the policy of a monarch who is "ignorant and uninstructed... for ever prevents all improvements."1 This intimate connection, however, is not an identification. A civilized government is not simply that which produces, or results from, a civilized society. When discussing forms of government, Hume uses the terms "barbarous" and "civilized" consistently and somewhat narrowly, to describe governments that possess certain specific characteristics. It is striking that these characteristics are explicitly divorced from the abilities or characters of the rulers. While a nation requires wise and refined leadership to achieve its civilized status, Hume thinks it is a crucial feature of civilized government that, once established, it depends Neil McArthur is at the University of Manitoba, Winnipeg, Manitoba R3T 2M8, Canada, e-mail: [email protected] 124 Neil McArthur entirely on its institutional structure, and not on the talents or intentions of any individual or group. To understand Hume's distinction between these two kinds of government, it is useful to abstract away from his discussion of more general issues of cultural development, and to lay temporarily aside the causal question of what social and economic conditions are necessary to produce a civilized government. I propose to explain Hume's concepts of barbarous and civilized government just in terms of the institutional characteristics possessed by each. Hume's choice of adjectives is not, of course, accidental. The complex causal questions of how a civilized government comes about, and what is its relation to civilized society, are large and important ones. However, 1 do not propose to take them up here.2 The crucial feature dividing civilized and barbarous government is their relation to law. In his essay "Of Civil Liberty" Hume says: "It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men."3 "Barbarous government" are thus "governments of men"—he also calls them governments "of will."4 Scholars of Hume's political theory have noted the importance of the rule of law in defining "civilized government. "5 However, they have not made clear precisely what Hume thinks precisely defines a "government of laws. " I submit that such a government must (for Hume) possess three characteristics. It must have: 1. A clear separation between the legislative and magisterial "powers" of the state; 2. A rigid subordination of the magisterial to the legislative power, such that the "discretion" of magistrates is restricted by "general laws"; 3. Self-sufficient laws and institutions, such that they are able to operate regardless of the intentions or abilities of individual rulers or officeholders. To this end, a government of laws must possess fixed rules governing the succession of officers, including (in a civilized monarchy) succession to the throne. Hume thinks specific governments may meet these criteria to varying degrees through time (with regression also possible). His use of the term "civilized government" nevertheless implies that it exists as a distinct, and achievable, ideal. An examination of Hume's theory of civilized government shows his understanding of the rule of law to be more subtle and complex than has previously been acknowledged. Hume moves beyond traditional Whig panegyrics on the rule of show to show how the law must operate if it is to protect people from oppression in the local theatres in which it is most acute. He articulates a theory of "civilized monarchy" that provides a middle path between republican and absolutist theories of government, and that is consistent his philosophy as a whole. Hume Studies Laws... (shrink)

Since the 1990s the effects of globalization on law and legal developments has been a central topic of scholarly debate. To date, the debate is however marked by three substantial deficiencies which this chapter seeks to remedy through a reconceptualization of global law as a law of inter-contextuality expressed through inter-legality and materialized through a particular body of legal norms which can be characterized as connectivity norms. The first deficiency is a historical and empirical one. Both critics as well as (...) advocates of ‘non-state law’ share the assumption that ‘law beyond the state’ and related legal norms have gained in centrality when compared with previous historical times. While global law, including both public and private global governance law as well as regional occurrences such as EU law, has undergone profound transformations since the structural transformations which followed the de-colonialization processes of the mid-twentieth century, we do not have more global law relatively to other types of law today than in previous historical times. The second deficiency is a methodological one. The vast majority of scholarship on global law is either of an analytical nature, drawing on insights from philosophy, or empirically observing the existence of global law and the degree of compliance with global legal norms at a given moment in time. While both approaches bring something to the table they remain static approaches incapable of explaining and evaluating the transformation of global law over time. The third deficiency is a conceptual-theoretical one. In most instances, global law is understood as a unitary law producing singular legal norms with a planetary reach, or, alternatively, a radical pluralist perspective is adopted dismissing the existence of singular global norms. Both of these approaches however misapprehend the structural characteristics, function and societal effects of global law. Instead a third positon between unitary and radical pluralist perspectives can be adopted through an understanding of global law and its related legal norms as a de-centred kind of inter-contextual law characterised by inter-legality. (shrink)

This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently emerging (...) culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent. (shrink)

Santiago Ramón y Cajal, the primary architect of the neuron doctrine and the law of dynamic polarization, is considered to be the founder of modern neuroscience. At the same time, many philosophers, historians, and neuroscientists agree that modern neuroscience embodies a mechanistic perspective on the explanation of the nervous system. In this paper, I review the extant mechanistic interpretation of Cajal’s contribution to modern neuroscience. Then, I argue that the extant mechanistic interpretation fails to capture the explanatory import of (...) Cajal’s law of dynamic polarization. My claim is that the definitive formulation of Cajal’s law of dynamic polarization, despite its mechanistic inaccuracies, embodies a non-mechanistic pattern of reasoning (i.e., design explanation) that is an integral component of modern neuroscience. (shrink)

It started and ended in Chile! This might be the introductory sentence to an economic history of our times. After the 1973 military coup the “Chicago Boys”, a group of Chilean economists educated by Milton Friedman at University of Chicago, took control of Pinochet’s economic policy. A type of policy which later on entered government offices in the UK and the US together with Margaret Thatcher and Ronald Reagan. Today protesters on the streets of Santiago seeks to tear down the (...) core pillars of the paradigm installed by the Chicago boys. Looking at broader developments, the essential driver of change over the past four decades have however not been an economic one but rather a legal one. Or rather the essential change has been the economics discipline acting as an invasive species entering into the realm of law though the law and economics paradigm. (shrink)

Physicists routinely claim that the fundamental laws of physics are 'time symmetric' or 'time reversal invariant' or 'reversible'. In particular, it is claimed that the theory of quantum mechanics is time symmetric. But it is shown in this paper that the orthodox analysis suffers from a fatal conceptual error, because the logical criterion for judging the time symmetry of probabilistic theories has been incorrectly formulated. The correct criterion requires symmetry between future-directed laws and past-directed laws. This (...) criterion is formulated and proved in detail. The orthodox claim that quantum mechanics is reversible is re-evaluated. The property demonstrated in the orthodox analysis is shown to be quite distinct from time reversal invariance. The view of Satosi Watanabe that quantum mechanics is time asymmetric is verified, as well as his view that this feature does not merely show a de facto or 'contingent' asymmetry, as commonly supposed, but implies a genuine failure of time reversal invariance of the laws of quantum mechanics. The laws of quantum mechanics would be incompatible with a time-reversed version of our universe. (shrink)

This paper attempts to illuminate and interpret the contradictory portrait of God as both seen and unseen in the Torah. Thus Moses is commanded not to look on the face of God yet also praised for having spoken to God “face to face". We seek ways to reconcile the contradictory portraits of God through the use of the term “doubled-mindedness” in the theology of Jerome Gellman, in the logic of “thirdness” in C.S. Peirce’s semiotics, and in the use of both (...) particle and wave models in Einstein’s physics of light. The paper concludes by disusing the practical consequences of theological double-mindedness for the religious life and the philosophical meaning of redemption as the time when the contradiction of the unseen and seen God is resolved. (shrink)

A synthetic glance about the basic outlines of Hare's Meta-ethics is offered in this paper to support the idea that Hume's law is still a productive resource for ethical studies. Hare accepted the emotivist premise that moral judgments do not, in the same way as ordinary statements do, state matters of fact that are either true or false, but denied that therefore they must be forms of exclamation. The essential character of moral discourse consisted, not, as the emotivists had held, (...) in its links with subjective attitudes, but with action; moral judgments were prescriptive, in that they expressed commitments to action on the part of the person uttering them, and at the same time their rationality was assured by their universalisability, i.e. their property of applying not merely to the person uttering them, but to all similar persons in similar circumstances. (shrink)