In this paper I examine Grace A. de Laguna’s theory of universals in its historical context and in relation to contemporary debates in analytic metaphysics. I explain the central features of her theory, arguing that her theory should be classified as a form of immanent realism and as a powers ontology. I then show in what ways her theory affords a theory of modality in terms of potentialities and discuss some of its consequences along the way.

One of the more powerful impressions created by vision is that of a coherent, richly-detailed world where everything is present simultaneously. Indeed, this impression is so compelling that we tend to ascribe these properties not only to the external world, but to our internal representations as well. But results from several recent experiments argue against this latter ascription. For example, changes in images of real-world scenes often go unnoticed when made during a saccade, flicker, blink, or movie cut. This "change (...) blindness" provides strong evidence against the idea that our brains contain a picture-like representation of the scene that is everywhere detailed and coherent. (shrink)

The emphasis on the limitations of objectivity, in specific guises and networks, has been a continuing theme of contemporary analytic philosophy for the past few decades. The popular sport of baiting feminist philosophers — into pointing to what's left out of objective knowledge, or into describing what methods, exactly, they would offer to replace the powerful objective methods grounding scientific knowledge — embodies a blatant double standard which has the effect of constantly putting feminist epistemologists on the defensive, on the (...) fringes, on the run.This strategy can only work if objectivity is transparent, simple, stable, and clear in its meaning. It most certainly is not. In fact, taking objectivity as a sort of beautiful primitive, self-evident in its value, and all-powerful in its revelatory power, requires careless philosophy, and the best workers in metaphysics, epistemology, and philosophy of science have made reworked definitions of objectivity absolutely central to their own projects. In fact, classic feminist concerns with exploring the impact of sex and gender on knowledge, understanding, and other relations between human beings and the rest of the world fall squarely within the sort of human and social settings thatare already considered central in most current analytic metaphysics, epistemology, and philosophy of science. I argue that the burden of proof is clearly on those who wish toreject the centrality and relevance of sex and gender to our most fundamental philosophical work on knowledge and reality. (shrink)

Enterprise Risk Management involves the process of identification, evaluation, treatment, and communication regarding risks throughout the enterprise. To support the tasks associated with this process, several frameworks and modeling languages have been proposed, such as the Risk and Security Overlay (RSO) of ArchiMate. An ontological investigation of this artifact would reveal its adequacy, capabilities, and limitations w.r.t. the domain of risk and security. Based on that, a language redesign can be proposed as a refinement. Such analysis and redesign have been (...) executed for the risk elements of the RSO grounded in the Common Ontology of Value and Risk. The next step along this line of research is to address the following research problems: What would be the outcome of an ontological analysis of security-related elements of the RSO? That is, can we identify other semantic deficiencies in the RSO through an ontological analysis? Once such an analysis is provided, can we redesign the security elements of the RSO accordingly, in order to produce an improved artifact? Here, with the aid of the Reference Ontology for Security Engineering (ROSE) and the ontological theory of prevention behind it, we address the remaining gap by proceeding with an ontological analysis of the security-related constructs of the RSO. The outcome of this assessment is an ontology-based redesign of the ArchiMate language regarding security modeling. In a nutshell, we report the following contributions: (1) an ontological analysis of the RSO that identifies six limitations concerning security modeling; (2) because of the key role of the notion of prevention in security modeling, the introduction of the ontological theory of prevention in ArchiMate; (3) a well-founded redesign of security elements of ArchiMate; and (4) ontology-based security modeling patterns that are logical consequences of our proposal of redesign due to its underlying ontology of security. As a form of evaluation, we show that our proposal can describe risk treatment options, according to ISO 31000. Finally, besides presenting multiple examples, we proceed with a real-world illustrative application taken from the cybersecurity domain. (shrink)

The computational argument for individualism, which moves from computationalism to individualism about the mind, is problematic, not because computationalism is false, but because computational psychology is, at least sometimes, wide. The paper provides an early, or perhaps predecessor, version of the thesis of extended cognition.

This paper examines the moral arguments for and against employees' blowing the whistle on illegal or immoral actions of their employers. It asks whether such professional dissidents are justified in disclosing wrongdoing by others while concealing their own identity. Part I examines the concept of anonymity, distinguishing it from two similar concepts — secrecy and privacy. Part II analyzes the concept of whistleblowing using recent definitions by Bok, Bowie and De George. Various arguments against anonymous whistleblowing are identified and evaluated. (...) The author concludes with a defense of the practice in terms of social benefits — primarily the redressing of wrongdoing. (shrink)

The role of evolutionary theory at the origin of life is an extensively debated topic. The origin and early development of life is usually separated into a prebiotic phase and a protocellular phase, ultimately leading to the Last Universal Common Ancestor. Most likely, the Last Universal Common Ancestor was subject to Darwinian evolution, but the question remains to what extent Darwinian evolution applies to the prebiotic and protocellular phases. In this review, we reflect on the current status of evolutionary theory (...) in origins of life research by bringing together philosophy of science, evolutionary biology, and empirical research in the origins field. We explore the various ways in which evolutionary theory has been extended beyond biology; we look at how these extensions apply to the prebiotic development of (proto)metabolism; and we investigate how the terminology from evolutionary theory is currently being employed in state-of-the-art origins of life research. In doing so, we identify some of the current obstacles to an evolutionary account of the origins of life, as well as open up new avenues of research. (shrink)

I argue that four of the fundamental claims of those calling themselves `genic pluralists'Philip Kitcher, Kim Sterelny, and Ken Watersare defective. First, they claim that once genic selectionism is recognized, the units of selection problems will be dissolved. Second, Sterelny and Kitcher claim that there are no targets of selection. Third, Sterelny, Kitcher, and Waters claim that they have a concept of genic causation that allows them to give independent genic causal accounts of all selection processes. I argue that each (...) one of these claims is either false or misleading. Moreover, the challenge that arises from the availability of genic causal accounts, namely, the inability to choose on rational grounds among genic and higher-level accounts, is unsupported. (shrink)

Epistemic responsibility involves at least two central ideas. (V) To be epistemically responsible is to display the virtue(s) epistemic internalists take to be central to justification (e.g., coherence, having good reasons, fitting the evidence). (C) In normal (non-skeptical)circumstances and in thelong run, epistemic responsibility is strongly positively correlated with reliability. Sections 1 and 2 review evidence showing that for a wide range of real-world problems, the most reliable, tractable reasoning strategies audaciously flout the internalist''s epistemic virtues. In Section 3, I (...) argue that these results force us to give up either (V), our current conception of what it is to be epistemically responsible, or (C) the responsibility-reliability connection. I will argue that we should relinquish (V). This is likely to reshape our epistemic practices. It will force us to alter our epistemic judgments about certain instances of reasoning, to endorse some counterintuitive epistemic prescriptions, and to rethink what it is for cognitive agents to be epistemically responsible. (shrink)

David Sloan Wilson has recently revived the idea of a group mind as an application of group selectionist thinking to cognition. Central to my discussion of this idea is the distinction between the claim that groups have a psychology and what I call the social manifestation thesis-a thesis about the psychology of individuals. Contemporary work on this topic has confused these two theses. My discussion also points to research questions and issues that Wilson's work raises, as well as their connection (...) to externalist conceptions of the mind familiar since the work of Putnam and Burge. (shrink)

When brief blank fields are placed between alternating displays of an original and a modified scene, a striking failure of perception is induced: the changes become extremely difficult to notice, even when they are large, presented repeatedly, and the observer expects them to occur (Rensink, O'Regan, & Clark, 1997). To determine the mechanisms behind this induced "change blindness", four experiments examine its dependence on initial preview and on the nature of the interruptions used. Results support the proposal that representations at (...) the early stages of visual processing are highly volatile, and that focused attention is needed to stabilize them sufficiently to support the perception of change. (shrink)

In this paper, I explore the question of agency in spontaneous action via a phenomenology of musical improvisation, drawing on fieldwork conducted with large con- temporary improvising ensembles. I argue that musical improvisation is a form of ‘participatory sense-making’ in which musical decisions unfold via a feedback pro- cess with the evolving musical situation itself. I describe how musicians’ technical expertise is developed alongside a responsive expertise, and how these capacities complicate the sense in which habitual action can be viewed (...) as pre-conscious or ‘automatic.’ Nevertheless, I shall argue that the self-awareness required for expert improvisation does not amount to highly reflective deliberation, arguing instead that the practice of musical improvisation involves an exercise of practical rationality, akin to what Aristotle called phronēsis. Musical decisions – as an expressive form of sense-making – are guided by feelings of ‘rightness’ that are experienced directly and intuitively, responding to the norms and reasons that are embedded in the instruments, sounds, and practices of a particular (sub)culture. (shrink)

(1) Content properties are nonrelational, that is, having a content property does not entail the existence of any contingent object not identical with the thinker or a part of the thinker.2 (2) We have noninferential knowledge of our conscious thoughts, that is, for any of our..

I argue that partialist critics of deontological theories make a mistake similar to one made by critics of utilitarianism: they fail to distinguish between a theory’s decision procedure and its standard of rightness. That is, they take these deontological theories to be offering a method for moral deliberation when they are in fact offering justificatory arguments for moral principles. And while deontologists, like utilitarians do incorporate impartiality into their justifications for basic principles, many do not require that agents utilize impartial (...) methods of moral deliberation. It follows that insofar as partialists reject impartiality in deliberation, their criticisms may miss their mark. If however, partialists are opposed to justifications for basic principles that rely upon impartiality, they are committed, I argue, to drastic revisions in moral theory that have worrisome implications. (shrink)

This study investigated the experiences of Physical Science teachers who were not specialized in their field. Twelve out-of-field Physical Science teachers, selected via purposive sampling from the Schools Division of Baybay City, participated in the transcendental phenomenological study. For data collection and subsequent thematic analysis using Colaizzi's seven steps, in-depth semi-structured interviews were utilized. Five metaphors describe the study's findings in the form of emergent themes. The first theme is the Chameleon teacher described as an adaptable teacher, analogous to a (...) chameleon that alters its coloration to blend into its surroundings. Developing a resilient mindset is the second aspect, symbolized by the Phoenix Within, which signifies the capacity to triumph over challenges. Thirdly, the Symphony of Knowledge symbolizes teachers' and learners' synergistic partnership and active participation throughout the educational journey. The fourth theme, the Gardener of Knowledge, compares an educator to a conscientious gardener who nurtures their development and that of their students. Crossing Unfamiliar Territory is another theme that examines Physical Science teachers' difficulties when instructing outside their field. As a result, the experiences of these teachers mitigate the issue at hand, thus positively impacting the student's academic development. Sustaining resilience in the face of adversity was inexplicably enhanced through implementing fostering strategies and cultivating a positive mindset. Similar to the adverse encounters, they must confront the obstacles posed by their lack of pedagogical expertise, content knowledge, and struggles. The favorable and unfavorable experiences of physical science teachers who did not specialize in their field provided them professional development opportunities. They underscored the value of maintaining a positive outlook. (shrink)

This paper argues that the metarepresentational systems we posses are wide or extended, rather than individualistic. There are two basic ideas. The first is that metarepresentation inherits its width from the mental representation of its objects. The second is that mental processing often operates on internal and external symbols, and this suggests that cognitive systems extend beyond the heads that house them.

In her recent book Persons and Bodies1, Lynne Rudder Baker has defended what she calls the constitution view of persons. On this view, persons are constituted by their bodies, where “constitution” is a ubiquitous, general metaphysical relation distinct from more familiar relations, such as identity and part-whole composition.

Several studies (e.g., Becklen & Cervone, 1983; Mack & Rock, 1998; Neisser & Becklen, 1975) have found that observers attending to a particular object or event often fail to report the presence of unexpected items. This has been interpreted as inattentional blindness (IB), a failure to see unattended items (Mack & Rock, 1998). Meanwhile, other studies (e.g., Pashler, 1988; Phillips, 1974; Rensink et al., 1997; Simons, 1996) have found that observers often fail to report the presence of large changes in (...) a display when these changes occur simultaneously with a transient such as an eye movement or flash of the display. This has been interpreted as change blindness (CB), a failure to see unattended changes (Rensink et al., 1997). In both cases there is a striking failure to report an object or event that would be quite visible under other circumstances. And in both cases there is a widespread (although not universal) belief that the underlying cause has to do with the absence of attention. The question then arises as to how these effects might be related. Is CB the same thing as IB? If not, what is the relation between them? And given that these phenomena deal with failures of subjective perception, what can they teach us about the nature of our visual experience? In particular, what can they teach us about the role played by visual attention? (shrink)

Review of Fodor: Concepts: Where Cognitive Science Went Wrong -/- The cover of Fodor’s book proudly claims that this is his most irritating book in years, guaranteed to exasperate all those who read it. The book lives up to this promise. Although leavened by moments of wit and humour, Fodor misses no opportunity for the one-liner put-down, be it about lexical semantics, empiricism, cognitive neuropsychology or the psychology of cognitive development. He even writes a whole chapter on Prototypes without referring (...) to Rosch except in a footnote, where her name is consistently mis-spelled for good measure. Those looking to see how his ideas relate to current work in psychology and linguistics on lexical concepts will be disappointed. (shrink)

Individualists claim that wide explanations in psychology are problematic. I argue that wide psychological explanations sometimes have greater explanatory power than individualistic explanations. The aspects of explanatory power I focus on are causal depth and theoretical appropriateness. Reflection on the depth and appropriateness of other wide explanations of behavior, such as evolutionary explanations, clarifies why wide psychological explanations sometimes have more causal depth and theoretical appropriateness than narrow psychological explanations. I also argue for the rejection of eliminative materialism.

Kevin Corcoran offers an account of how one can be a physicalist about human persons, deny temporal gaps in the existence of persons, and hold that there is an afterlife. I argue that Corcoran's account both violates the necessity of metaphysical identity and implausibly makes an individual's existence dependent on factors wholly extrinsic to the individual. Corcoran's defence is considered, as well as Stephen Davis's suggestions on how an account like Corcoran's can defend itself against these concerns. It is shown, (...) however, that the difficulties remain in full force and, therefore, that Corcoran's account fails to reconcile physicalism, no gappy existence, and an afterlife. (shrink)

Modern philosophy can often appear to be mere cryptomnesia, redressed and resuited to fit the particular mouth from which it is espoused. This notion is but a sorrowful chimera binding the 21st-century mind to the confines of an eternal shadow, an eternal prison of doubt in the face of limitless potential. As a species, we are rapidly approaching the precipice of Yahweh's original position as instantiators of consciousness, as the I AM in relation to our artificial progeny. Could one fabricate (...) a candidate more fitting for a contra-analysis of our current situation than Hegel? One could not. (shrink)

I argue that understanding the self in terms of narrative construction does not preclude the possibility of error concerning one’s own self. Identity is a projection of first and second-order desires and a product of choice in relation to desire. Self-deceit appears in this connection as a response to an identity that one has constructed through choice and/or desire but not acknowledged in one’s self-account, reflecting a conflict between desires or a motivated failure to account. This analysis is applied primarily (...) to acknowledgement of one’s sexual identity. (shrink)

This paper points to some problems for the position that D.M. Walsh calls "alternative individualism," and argues that in defending this view Walsh has omitted an important part of what separates individualists and externalists in psychology. Walsh's example of Hox gene complexes is discussed in detail to show why some sort of externalism about scientific taxonomy more generally is a more plausible view than any extant version of individualism.

Social externalism is the view that the contents of a person's propositional attitudes are logically determined at least in part by her linguistic community's standards for the use of her words. If social externalism is correct, its importance can hardly be overemphasized. The traditional Cartesian view of psychological states as essentially first personal and non-relational in character, which has shaped much theorizing about the nature of psychological explanation, would be shown to be deeply flawed. I argue in this paper that (...) social externalism faces insuperable difficulties. The first difficulty is that if syntax and semantics are independent, then social externalism is committed to the absurd consequence that many people have beliefs with formally inconsistent contents. I argue none of the possible responses to this objection are plausible. The second difficulty is that if syntax and semantics are independent, then social externalists are committed to a contradiction. After raising and defending these objections, I identify what I think is the underlying flaw in the social externalist position, a failure to pay attention to the structure of communication intentions, and briefly indicate how to neutralize the linguistic evidence social externalists advance in favor of their view. (shrink)

The argument is that (1) the spiritual crisis that Zhu Xi discussed with Zhang Shi 張栻 (1133–1180) and the other “gentlemen of Hunan” from about 1167 to 1169, which was resolved by an understanding of what we might call the interpenetration of the mind’s stillness and activity (dong-jing 動靜) or equilibrium and harmony (zhong-he 中和), (2) led directly to his realization that Zhou Dunyi’s thought provided a cosmological basis for that resolution, and (3) this in turn led Zhu Xi to (...) understand (or construct) the meaning of taiji in terms of the polarity of yin and yang; i.e. the Supreme Polarity as the most fundamental ordering principle (li 理). (shrink)

This work investigates the ability of the human visual system to discriminate self-similar Gaussian random textures. The power spectra of such textures are similar to themselves when rescaled by some factor h > 1. As such, these textures provide a natural domain for testing the hypothesis that texture perception is based on a set of spatial-frequency channels characterized by filters of similar shape.

On what conditions, if it all possible, can Christianity be life-affirming in line with the general schema outlined throughout Nietzsche's wide-ranging corpus? Through a post-modern interpretation of Christ as OverMan of course. Pack your crosses and your pentagrams and buckle up for this visual transmission of my most recent brainchild.

I argue for two controversial claims about Locke’s account of liberty in Essay 2.21. The first claim is that Locke does not identify liberty with freedom of action. Instead, Locke places further conditions on liberty beyond to the power to perform or forbear an action at will. The second (and closely related) claim is that Locke takes the power to suspend and examine desire to be necessary for liberty—in other words, that possession of the power to suspend and examine desire (...) is one such further condition upon liberty. (shrink)

The article offers a reconstruction of John Rawls views on political legitimacy, from A Theory of Justice to his late writings on political liberalism. It argues that Rawls had three conceptions of legitimacy, not two as one might expect based on the distinction between his two major works. Its argument is that the most radical change in Rawls’ thinking about legitimacy occurs in ‘Introduction to the Paperback Edition’ and ‘The Idea of Public Reason Revisited’. Here Rawls assumes that there can (...) be a reasonable pluralism not only of comprehensive doctrines, but also of political liberal conceptions of justice. As a consequence, the standard of political legitimacy is no longer specified as sufficient justice relative to justice as fairness, but instead as sufficient justice relative to a family of political conceptions of justice – a family which in turn is animated by an ideal of public reasoning about constitutional matters and matters of basic justice. The article also shows how Rawls’ late ideal of public reason is grounded in the need for legitimate constitutional government. (shrink)

Cognitive Science, Volume 46, Issue 10, October 2022.

According to the scientific image, aesthetic experience is constituted by private reverie or mindless gratification of some kind. This image fails to fully acknowledge the theoretical and hence cultural aspect of perception, which includes aesthetic experience. This chapter reframes aesthetic reflective judgment in terms of perceptual processes (section 2); intentional pleasure (section 3); non-perceptually represented perceptual properties (section 4); and intersubjectivity (section 5). By clarifying the relevant terms, the liberal naturalist account of the sublime provides the link between the sublime (...) and moral motivation (section 6). (shrink)

It is tough to relate visual perception or other achievements to physiological processing in the central nervous system. The diagrammatic, algebraic, and verbal pictures of how sights seem to Lehar do not advance understanding of how we manage to see what is in the world. There are well-known conceptual reasons why no such purely introspective approach can be productive.

Advances in behavioral and brain sciences have engendered wide ranging efforts to help understand consciousness. The target article suggests that abstract computational models are ill-advised. This commentary broadens the discussion to include mysteries of subjective experience that are inconsistent with current neuroscience. It also discusses progress being made through demystifying specific cases and pursuing evolutionary considerations.

This brief elucidation of two quotes from the Genealogy will be apt for more accessible interpretation following the completion of my next paper. Stay tuned for some hard-fought philosophy.

The Formalist tradition in late-scholastic philosophy has gone unnoticed in standard historiography. This article’s overall objective is to add the Formalist tradition to what we know about Renaissance philosophy. I first show how the Formalist tradition was born out of some innovative considerations of hierarchies of distinctions in the wake of the Franciscan John Duns Scotus’s teaching on the formal distinction in the beginning of the fourteenth century (especially Francis of Meyronnes’s model of four distinctions and Petrus Thomae’s more elaborate (...) doctrine of seven kinds of distinctions). I then trace how Formalist literature developed from being an exclusively Franciscan affair to becoming a much more widespread phenomenon. Thus, from the decades up to 1500 and onwards, authors from various late-scholastic schools (Thomism, Lullism, Averroism, and others) produced Formalist literature, i.e., treatises on multiple kinds of distinctions. I highlight particularly how one Franciscan philosopher of the sixteenth century, Jean Du Douet, proposed to view the Formalist preoccupation with distinctions as a discipline in its own right, a proper scientia formalitatum. I finally argue that while this proposal met with dismissive reactions, Du Douet’s idea does in fact reflect the role Formalism played in the scholastic curriculum in the late sixteenth century, at least in Franciscan milieus. (shrink)

Friendship is an important bond in the personal and social growth of an individual and plays a prominent role during youth. Most scales to measure it are aimed at children and adolescents but none measure character friendship, a type of selfless friendship with ethical traits an d Aristotelian roots. Therefore, the aim of the research is to design and validate the youth Character Friendship Scale (CFS) in a sample of 1587 young Spanish people. The final version of the CFS is (...) composed of 35 items distributed over three dimensions: "Selfless love and intimacy" (21), "Trust" (7) and "Respect and forgiveness" (7) with ordinal reliability coefficients of 0.94, 0.79 and 0.7 respectively and good model fits (CFI = 0.986; TLI = 0.986; RMSEA = 0.043; SRMR = 0.054; GFI = 0.997). It is concluded that the CFS is a scale with good psychometric properties for measuring character friendship in young adults. The results obtained from its application will lead to a better understanding of the importance of character friendship for the socioemotional development or happiness of young adults and will enable the development of intervention programmes that enhance aspects of friendship such as trust, respect, forgiveness or mutual knowledge, which can facilitate collaborative relationships and contribute to social cohesion. (shrink)

Across various fields it is argued that the self in part consists of an autobiographical self-narrative and that the self-narrative has an impact on agential behavior. Similarly, within action theory, it is claimed that the intentional structure of coherent long-term action is divided into a hierarchy of distal, proximal, and motor intentions. However, the concrete mechanisms for how narratives and distal intentions are generated and impact action is rarely fleshed out concretely. We here demonstrate how narratives and distal intentions can (...) be generated within cognitive agents and how they can impact agential behavior over long time scales. We integrate narratives and distal intentions into the LIDA model,and demonstrate how they can guide agential action in a manner that is consistent with the Global Workspace Theory of consciousness. This paper serves both as an addition to the LIDA cognitive architecture and an elucidation of how narratives and distal intention emerge and play their role in cognition and action. (shrink)

Consequentialist theories determine rightness solely based on real or expected consequences. Although such theories are popular, they often have difficulty with generalizing intuitions, which demand concern for questions like “What if everybody did that?” Rule consequentialism attempts to incorporate these intuitions by shifting the locus of evaluation from the consequences of acts to those of rules. However, detailed rule-consequentialist theories seem ad hoc or arbitrary compared to act consequentialist ones. We claim that generalizing can be better incorporated into consequentialism by (...) keeping the locus of evaluation on acts but adjusting the decision theory behind act selection. Specifically, we should adjust which types of dependencies the theory takes to be decision-relevant. Using this strategy, we formulate a new theory, generalized act consequentialism, which we argue is more compelling than rule consequentialism both in modeling the actual reasoning of generalizers and in delivering correct verdicts. (shrink)

In this chapter we first elucidate the subjective flow of time particularly as developed by Husserl. We next discuss time and timescales in predictive processing. We then consider how the phenomenological analysis of time can be naturalized within a predictive processing framework. In the final section, we develop an analysis of the temporal disturbances characteristic of depression using the resources of both phenomenology and predictive processing.

Any realist interpretation of quantum theory must grapple with the measurement problem and the status of state-vector collapse. In a no-collapse approach, measurement is typically modeled as a dynamical process involving decoherence. We describe how the minimal modal interpretation closes a gap in this dynamical description, leading to a complete and consistent resolution to the measurement problem and an effective form of state collapse. Our interpretation also provides insight into the indivisible nature of measurement—the fact that you can't stop a (...) measurement part-way through and uncover the underlying 'ontic' dynamics of the system in question. Having discussed the hidden dynamics of a system's ontic state during measurement, we turn to more general forms of open-system dynamics and explore the extent to which the details of the underlying ontic behavior of a system can be described. We construct a space of ontic trajectories and describe obstructions to defining a probability measure on this space. (shrink)

The paper argues that at present the Criminal law does not contain satisfactory rules for dealing with the circumstances in which a mistake can be taken to vitiate the victim's consent to an action or transaction. Rules on this issue vary both between different offences and within given offences in a way that is neither coherent nor predictable. As a matter of fact consent should be regarded as vitiated whenever the victim is under a misapprehension but for which (s)he would (...) not have given consent, but from a practical point of view it will not always be possible to allow this factual vitiation to have legal effect. To try to find a more satisfactory set of rules the paper offers a series of potential rules placed along a spectrum. Towards either end of the spectrum the rules have greater certainty and coherence, but produce less desirable results in terms of policy. Towards the centre of the spectrum the reverse is true. The paper therefore concludes that no single rule will be able to provide the answer to this area, and that an approach which recognises a series of circumstances in which consent will be regarded as legally vitiated should be retained instead. However, it is imperative that in future these categories be clearly, and predictably drawn and individually explicable and justifiable. As a starting point it is proposed that consent should be regarded as vitiated when the victim has made a non est factum mistake, has been mistaken about something which would render the action or transaction physically different from that expected, or where the victim believed that the defendant had a legal qualification which in fact (s)he lacked. (shrink)

No reservations, no conditions to live a life of fiction.

Contemporary developments in economicmethodology have produced a vibrant agenda ofcompeting positions. These include, amongothers, constructivism, critical realism andrhetoric, with each contributing to the Realistvs. Pragmatism debate in the philosophies of thesocial sciences. A major development in theneo-pragmatist contribution to economicmethodology has been Quine's pragmatic assaulton the dogmas of empiricism, which are nowclearly acknowledged within contemporaryeconomic methodology. This assault isencapsulated in the celebrated Duhem-Quinethesis, which according to a number ofcontemporary leading philosophers of economics,poses a particularly serious methodologicalproblem for economics. This problem, (...) asreflected in Hausman's analysis, consists ofthe inability of economics to learn fromexperience, thereby subverting the capacity totest economic theories. In this paper wedispute this position. Our argument is basedon a combination of Quine's holism with VanFraassen's constructive empiricism, especiallythe latter's analysis of empirical adequacy andhis pragmatic approach to explanation. Theresulting reorientation of economic methodologyrestores the capacity of economics to learnfrom experience and reinstates the imperativeof developing alternatives to orthodoxtheorizing in economics. (shrink)

This paper refines a number of theoretical distinctions relevant to deceptive play, in particular the difference between merely misleading actions and types of simulation commonly considered beyond the pale, such as diving. To do so, I rely on work in the philosophy of language about conversational convention and implicature, the distinction between lying and misleading, and their relation to concepts of seduction and bullshit. The paper works through a number of possible solutions to the question of what is wrong with (...) simulation and its difference from strategic fouling, including the argument that games and their rules operate like contracts. I conclude that the wrongness lies in the injustice of unfair advantage gained through actions that silence opposition by resort to unanswerable play. (shrink)