Environmental philosophy – broadly conceived as using philosophical tools to develop ideas related to environmental issues – is conducted and practised in highly diverse ways in different contexts and traditions in Asia. ‘Asian environmental philosophy’ can be understood to include Asian traditions of thought as well as grassroots perspectives on environmental issues in Asia. Environmental issues have sensitive political facets tied to who has the legitimacy to decide about how natural resources are used. Because of this, the works, practices, and (...) researchers in Asian environmental philosophy are exposed to being (mis)used by diverse stakeholders and actors to support political ends not related to environmental sustainability. Two processes are at play at the nexus of the construction of identities in relation to conceptualisations of nature: eco-orientalism and ecological nationalisms. This paper analyzes and exemplifies these dynamics through a conceptual framework that distinguishes ideological and socio-technical explanations of environmental degradation. Finally, to minimise the risks of political misuse, five pathways are presented to carefully help curate environmental, philosophical statements: contextualise, quantify uncertainty and ‘uniqueness’, downscale, confront claims with local realities and literature, and collaborate with researchers from other disciplines. Conjointly, these pathways aim at favouring intercultural collaboration while valuing diversity, thus supporting the development and exchanges in environmental philosophy in Asia and beyond. (shrink)

Abstract: As artificial intelligence (AI) technologies become increasingly integrated into various sectors, ethical considerations surrounding their development and deployment have become paramount. This paper explores the multifaceted ethical landscape of AI, focusing on key challenges such as bias, transparency, privacy, and accountability. It examines how these issues manifest in AI systems and their impact on society. The paper also evaluates current approaches and solutions aimed at mitigating these ethical concerns, including regulatory frameworks, ethical guidelines, and best practices for AI design. (...) By providing a comprehensive analysis of these challenges and solutions, this paper aims to contribute to the ongoing discourse on responsible AI development and implementation, advocating for a balance between technological innovation and ethical integrity. (shrink)

Abstract: Artificial Intelligence (AI) has rapidly evolved, offering transformative capabilities for business decision-making. This paper explores how AI can be leveraged to enhance strategic decision-making in business contexts. It examines the integration of AI-driven analytics, predictive modeling, and automation to improve decision accuracy and operational efficiency. By analyzing current applications and case studies, the paper highlights the opportunities AI presents, including enhanced data insights, risk management, and personalized customer experiences. Additionally, it addresses the challenges businesses face in adopting AI, such (...) as data privacy concerns, integration issues, and the need for skilled personnel. The paper concludes with recommendations for effectively implementing AI solutions to maximize their benefits while navigating potential pitfalls. (shrink)

The study aimed to identify the relationship between correcting the deviations in the measurement of performance and achieving the objectives of control and the performance of the job at the Islamic University in the Gaza Strip. To achieve the objectives of the research, the researchers used the descriptive analytical approach to collect information. The questionnaire consisted of (20) statements distributed to three categories of employees of the Islamic University (senior management, faculty members, their assistants and members of the administrative board). (...) A random sample of 314 employees was selected and 276 responses were retrieved with a recovery rate of 88.1%. The Statistical Analysis Program (SPSS) was used to enter, process, and analyze the data. The results of the study showed a positive relationship between correcting deviations in performance measurement and achieving the control objectives represented by the functional performance in the Islamic University from the point of view of the members (senior management, faculty and their assistants, and the administrative board), where the relative weight of all the paragraphs was (74.25%). The study recommended the need to ensure that the actual performance of the planned performance is matched and decisions are taken to correct the serious deviations and take the necessary measures in terms of retraining and change in regulations, wages and bonuses and punishment of the culprit, neglect and negligence by mistake. (shrink)

When looking at a scene, observers feel that they see its entire structure in great detail and can immediately notice any changes in it. However, when brief blank fields are placed between alternating displays of an original and a modified scene, a striking failure of perception is induced: identification of changes becomes extremely difficult, even when changes are large and made repeatedly. Identification is much faster when a verbal cue is provided, showing that poor visibility is not the cause of (...) this difficulty. Identification is also faster for objects mentioned in brief verbal descriptions of the scene. These results support the idea that observers never form a complete, detailed representation of their surroundings. In addition, results also indicate that attention is required to perceive change, and that in the absence of localized motion signals it is guided on the basis of high-level interest. (shrink)

1. The Situation in Cognition 2. Situated Cognition: A Potted Recent History 3. Extensions in Biology, Computation, and Cognition 4. Articulating the Idea of Cognitive Extension 5. Are Some Resources Intrinsically Non-Cognitive? 6. Is Cognition Extended or Only Embedded? 7. Letting Nature Take Its Course.

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 dispute between realists about color and anti-realists is actually a dispute about the nature of color properties. The disputants do not disagree over what material objects are like. Rather, they disagree over whether any of the uncontroversial facts about material objects--their powers to cause visual experiences, their dispositions to reflect incident light, their atomic makeup, and so on--amount to their having colors. The disagreement is thus about which properties colors are and, in particular, whether colors are any of the (...) properties in a particular set that is acknowledged on both sides to exhaust the properties of material objects. In a previous paper we discussed at length one attempt to identify colors with particular properties of material objects--namely, with their dispositions to cause visual experiences. Here we shall discuss a different and perhaps more influential version of realism, which says that the colors of material objects are microphysical properties of their surfaces. We shall call this theory physicalism about color (physicalism, for short). In order to evaluate this theory, however, we shall first have to clarify some methodological issues. Our hope is that we can bring some further clarity to the question of color realism, whether or not we succeed in our critique of the physicalists' answer. (shrink)

While memory is conceptualized predominantly as an individual capacity in the cognitive and biological sciences, the social sciences have most commonly construed memory as a collective phenomenon. Collective memory has been put to diverse uses, ranging from accounts of nationalism in history and political science to views of ritualization and commemoration in anthropology and sociology. These appeals to collective memory share the idea that memory ‘‘goes beyond the individual’’ but often run together quite different claims in spelling out that idea. (...) This paper reviews a sampling of recent work on collective memory in the light of emerging externalist views within the cognitive sciences, and through some reflection on broader traditions of thought in the biological and social sciences that have appealed to the idea that groups have minds. The paper concludes with some thoughts about the relationship between these kinds of cognitive metaphors in the social sciences and our notion of agency. (shrink)

This article discusses various dangers that accompany the supposedly benign methods in behavioral evoltutionary biology and evolutionary psychology that fall under the framework of "methodological adaptationism." A "Logic of Research Questions" is proposed that aids in clarifying the reasoning problems that arise due to the framework under critique. The live, and widely practiced, " evolutionary factors" framework is offered as the key comparison and alternative. The article goes beyond the traditional critique of Stephen Jay Gould and Richard C. Lewontin, to (...) present problems such as the disappearance of evidence, the mishandling of the null hypothesis, and failures in scientific reasoning, exemplified by a case from human behavioral ecology. In conclusion the paper shows that "methodological adaptationism" does not deserve its benign reputation. (shrink)

This paper attempts to do two things. First, it recounts the problem of intentionality, as it has typically been conceptualized, and argues that it needs to be reconceptualized in light of the radical form of externalism most commonly referred to as the extended mind thesis. Second, it provides an explicit, novel argument for that thesis, what I call the argument from meaning making, and offers some defense of that argument. This second task occupies the core of the paper, and in (...) completing it I distinguish _active _ _cognition_ from _cyborg fantasy arguments_ for externalism, and develop the analogy between the extended mind thesis in the cognitive sciences and developmental systems theory in developmental biology. The rethinking of the problem of intentionality on offer leads not so much to a solution as to a dissolution of that problem, as traditionally conceived. (shrink)

We introduce two notions–the shadows and the shallows of explanation–in opening up explanation to broader, interdisciplinary investigation. The shadows of explanation refer to past philosophical efforts to provide either a conceptual analysis of explanation or in some other way to pinpoint the essence of explanation. The shallows of explanation refer to the phenomenon of having surprisingly limited everyday, individual cognitive abilities when it comes to explanation. Explanations are ubiquitous, but they typically are not accompanied by the depth that we might, (...) prima facie, expect. We explain the existence of the shadows and shallows of explanation in terms of there being a theoretical abyss between explanation and richer, theoretical structures that are often attributed to people. We offer an account of the shallows, in particular, both in terms of shorn-down, internal, mental machinery, and in terms of an enriched, public symbolic environment, relative to the currently dominant ways of thinking about cognition and the world. (shrink)

Eugenics does not feel so distant from where I stand. This essay explains why.

This paper is a critique of some ideas about narrow content owing to Horgan and Tienson and Brian Loar.

This paper examines a recent, influential argument for individualism in psychology defended by Jerry Fodor and others, what I call the argument from causal powers. I argue that this argument equivocates on the crucial notion of "causal powers", and that this equivocation constitutes a deep problem for arguments of this type. Relational and individualistic taxonomies are incompatible, and it does not seem in general to be possible to factor the former into the latter. The distinction between powers and properties plays (...) a central role in my argument. (shrink)

It has often been assumed that when we use vision to become aware of an object or event in our surroundings, this must be accompanied by a corresponding visual experience (i.e., seeing). The studies reported here show that this assumption is incorrect. When observers view a sequence of displays alternating between an image of a scene and the same image changed in some way, they often feel (or sense) the change even though they have no visual experience of it. The (...) subjective difference between sensing and seeing is mirrored in several behavioral differences, suggesting that these are two distinct modes of conscious visual perception. (shrink)

Hubert Dreyfus argues that explicit thought disrupts smooth coping at both the level of everyday tasks and of highly-refined skills. However, Barbara Montero criticises Dreyfus for extending what she calls the ‘principle of automaticity’ from our everyday actions to those of trained experts. In this paper, I defend Dreyfus’ account while refining his phenomenology. I examine the phenomenology of what I call ‘esoteric’ expertise to argue that the explicit thought Montero invokes belongs rather to ‘gaps’ between or above moments of (...) reflexive coping. However, I agree that the ‘principle of automaticity’ does not adequately capture the experience of performing such skills. Drawing on examples of expert performance in sport and improvised music and dance, I argue that esoteric action, at its best, is marked by a distinct state of non-conceptual awareness- an experience of spontaneity, flow and ‘owned-ness’- that distinguishes it from the automaticity of everyday actions. (shrink)

Experiments are presented showing that visual search for Mueller-Lyer (ML) stimuli is based on complete configurations, rather than component segments. Segments easily detected in isolation were difficult to detect when embedded in a configuration, indicating preemption by low-level groups. This preemption—which caused stimulus components to become inaccessible to rapid search—was an all-or-nothing effect, and so could serve as a powerful test of grouping. It is shown that these effects are unlikely to be due to blurring by simple spatial filters at (...) early visual levels. It is proposed instead that they are due to more sophisticated processes that rapidly bind contour fragments into spatially-extended assemblies. These results support the view that rapid visual search cannot access the primitives formed at the earliest stages of visual processing; rather, it can access only higher-level, more ecologically-relevant structures. (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)

On the eve of the tercentenary of Kant’s birth, just as it was a hundred years ago, Kantianism is simultaneously on the receiving end of the blows of history and attacks by rival philosophical parties, both progressivist and reactionary. The radical wings of both parties perceive modernity as a depressing, nauseating period which must be broken with by moving toward the past or toward the future. One of the most original and profound diagnoses of this attitude was offered by Hans (...) Jonas, who discerned in radical doctrines of a hundred years ago a similarity with the gnosticism of antiquity. Jonas’s diagnosis has not lost its relevance. That is why the central question addressed in this study is as follows: what prescription does the Kantian programme offer for modernity’s “gnostic dizziness?” I maintain that Kant’s critical turn is still an effective strategy by means of which to compensate for the sudden stresses and “gnostic impulses” provoked by the modern worldview revolution, bringing back an “orientation in thinking” which reorients the world process and individual activity. The imperative to always see and respect humanity in a particular individual warns against the “category mistake” committed by modern radicals who ascribe agency (subjectivity) to non-­human abstractions which cannot possess this property. In theory, Kant grounds the view that humanity should resign itself to the fact of its perspective being limited and local. Kantian practical philosophy provides the traveler with a map of regulative ideas and a “moral compass”, along with an explanation of disruptive factors, offering a working explanation of the situation and its possible outcomes. Kant’s “Copernican revolution” brings human beings back into focus and imagination to order, allowing for the hope that new challenges will be successfully met. (shrink)

The social welfare functional approach to social choice theory fails to distinguish a genuine change in individual well-beings from a merely representational change due to the use of different measurement scales. A generalization of the concept of a social welfare functional is introduced that explicitly takes account of the scales that are used to measure well-beings so as to distinguish between these two kinds of changes. This generalization of the standard theoretical framework results in a more satisfactory formulation of welfarism, (...) the doctrine that social alternatives are evaluated and socially ranked solely in terms of the well-beings of the relevant individuals. This scale-dependent form of welfarism is axiomatized using this framework. The implications of this approach for characterizing classes of social welfare orderings are also considered. (shrink)

Doctors must now take a fifth vital sign from their patients: pain reports. I use this as a case study to discuss how different schools of psychology (introspectionism, behaviorism, cognitive psychology) have treated verbal reports about the contents of consciousness. After examining these differences, I suggest that, with new methods of mapping data about neurobiological states with behavioral data and with verbal reports about conscious experience, we should reconsider some of the introspectionists' goals and methods. I discuss examples from cognitive (...) psychology, including pain researchers' attempts to develop self-reports of pain so that they can be, like other vital signs, reliable indicators of internal states. (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..

Efforts by governments, firms, and patients to deliver pioneering drugs for critical health needs face a challenge of diminishing efficiency in developing those medicines. While multi-sectoral collaborations involving firms, researchers, patients, and policymakers are widely recognized as crucial for countering this decline, existing incentives to engage in drug development predominantly target drug manufacturers and thereby do little to stimulate collaborative innovation. In this mini review, we consider the unexplored potential within pharmaceutical regulations to create novel incentives to encourage a diverse (...) set of actors from the public and private spheres to engage in the kind of collaborative knowledge exchange requisite for fostering enhanced innovation in early drug development. (shrink)

Our aim in this paper is to bring the woefully neglected literature on predictive modeling to bear on some central questions in the philosophy of science. The lesson of this literature is straightforward: For a very wide range of prediction problems, statistical prediction rules (SPRs), often rules that are very easy to implement, make predictions than are as reliable as, and typically more reliable than, human experts. We will argue that the success of SPRs forces us to reconsider our views (...) about what is involved in understanding, explanation, good reasoning, and about how we ought to do philosophy of science. (shrink)

Projects of human improvement take both individual and intergenerational forms. The biosciences provide many technologies, including prenatal screening and the latest gene editing techniques, such as CRISPR, that have been viewed as providing the means to human improvement across generations. But who is fit to furnish the next generation? Historically, eugenics epitomizes the science-based attempt to improve human society through distinguishing kinds of people and then implementing social policies—from immigration restriction to sexual sterilization and euthanasia—that influence and even direct what (...) sorts of people populate our future. Despite recognition of the horrors of the eugenic extremes of the past and of the subhumanizing of those sufficiently below appearance or ability norms to be viewed as “defective” or “unfit”, many people continue to be drawn to strands of eugenic thinking. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” rape as such. I (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

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.

Remhof contends that Nietzsche is a metaphysician. According to his Meta-Metaphysical Argument, Nietzsche’s texts satisfy the criteria for an adequate conception of metaphysics. According to his Constructivist Argument, Nietzsche adopts a metaphysical position on which concepts’ application conditions constitute the identity conditions of their objects. This article critically appraises these arguments. I maintain that the criteria advanced in the Meta-Metaphysical Argument are collectively insufficient for delineating metaphysics as a distinct field of inquiry and that the Constructivist Argument attributes a position (...) to Nietzsche that remains vulnerable to his evaluative and psychological indictments of two-world metaphysics. I conclude by discussing how these objections might help non-metaphysical readers of Nietzsche resist Remhof’s interpretation. (shrink)

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.

Scientific realism says of our best scientific theories that (1) most of their important posits exist and (2) most of their central claims are approximately true. Antirealists sometimes offer the pessimistic induction in reply: since (1) and (2) are false about past successful theories, they are probably false about our own best theories too. The contemporary debate about this argument has turned (and become stuck) on the question, Do the central terms of successful scientific theories refer? For example, Larry Laudan (...) offers a list of successful theories that employed central terms that failed to refer, and Philip Kitcher replies with a view about reference in which the central terms of such theories did sometimes refer. This article attempts to break this stalemate by proposing a direct version of the pessimistic induction, one that makes no explicit appeal to a substantive notion or theory of reference. While it is premature to say that this argument succeeds in showing that realism is probably false, the direct pessimistic induction is not subject to any kind of reference-based objection that might cripple a weaker, indirect version of the argument. Any attempt to trounce the direct pessimistic induction with a theory of reference fails. (shrink)

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)

The social, behavioral, and a good chunk of the biological sciences concern the nature of individual agency, where our paradigm for an individual is a human being. Theories of economic behavior, of mental function and dysfunction, and of ontogenetic development, for example, are theories of how such individuals act, and of what internal and external factors are determinative of that action. Such theories construe individuals in distinctive ways.

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.

In their recent paper Bi-facial truth: a case for generalized truth values Zaitsev and Shramko [7] distinguish between an ontological and an epistemic interpretation of classical truth values. By taking the Cartesian product of the two disjoint sets of values thus obtained, they arrive at four generalized truth values and consider two “semi-classical negations” on them. The resulting semantics is used to define three novel logics which are closely related to Belnap’s well-known four valued logic. A syntactic characterization of these (...) logics is left for further work. In this paper, based on our previous work on a functionally complete extension of Belnap’s logic, we present a sound and complete tableau calculus for these logics. It crucially exploits the Cartesian nature of the four values, which is reflected in the fact that each proof consists of two tableaux. The bi-facial notion of truth of Z&S is thus augmented with a bi-facial notion of proof. We also provide translations between the logics for semi-classical negation and classical logic and show that an argument is valid in a logic for semi-classical negation just in case its translation is valid in classical logic. (shrink)

Should a principle of charity be applied to the interpretation of the colour concepts exercised in visual experience? We think not. We shall argue, for one thing, that the grounds for applying a principle of charity are lacking in the case of colour concepts. More importantly, we shall argue that attempts at giving the experience of colour a charitable interpretation either fail to respect obvious features of that experience or fail to interpret it charitably, after all. Charity to visual experience (...) is therefore no motive for resisting the natural, Galilean response to a scientific understanding of light and vision. The best interpretation of colour experience ends up convicting it of widespread and systematic error. (shrink)

Fred Dretske has recently argued, in a highly original book and a series of articles, that action explanations are a very special species of historical explanation, in opposition to the traditional view that action explanations cite causes of actions, which are identical with bodily movements. His account aims to explain how it is possible for there to be a genuine explanatory role for reasons in a world of causes, and, in particular, in a world in which we have available in (...) principle an explanation for any movement of our bodies in neurophysiological terms. While Dretske draws attention to an important, and overlooked, feature of the form of the explananda of action explanations, he draws the wrong conclusion from it. This paper argues argues that his account of the nature of action explanations, and the role of reasons in explaining behavior, cannot be right. This will force us to re©examine the assumptions that suggest that reason explanations and neurophysiological explanations of our movements cannot coexist. (shrink)

This article studies the political dimension of friendship in Robert Guédiguian’s cinema, delving into the crucial role that conversation plays in this relationship, and taking Stanley Cavell’s thought as a main reference. Aristotle’s concept of civic friendship, along with its contemporary readings, and Cavell’s notion of conversation provide a theoretical frame for the analysis of three recent feature films directed by Guédiguian that present a strong thematic and narrative unity (and have barely received attention in previous scholarship): Les Neiges du (...) Kilimandjaro/The Snows of Kilimanjaro (2011), La Villa/The House by the Sea (2017) and Gloria Mundi (2019). Based on, but going beyond, Cavell’s moral theorisation of the filmic portrayal of human relationships, the analysis of these films has identified four milestones in the transformative process—both personal and political—that stems from conversation with friends: conformity, confrontation, acknowledgement and renewed community. In all three films, this process of change is not only presented as a progressive discovery of one’s own voice, but also as a progressive unmasking: both are necessary prerequisites for welcoming foreigners in need of acknowledgement and, consequently, for the renewal of community. (shrink)

"This self-consistent evolution of the fragments, their causal relationships, and their quantum properties is at the heart of the FCQG-SM framework, providing a unified description of quantum mechanics, general relativity, and the Standard Model.".

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 ideas that law is (or can be regarded as) a legal system, and that law evolves over time in adaptation to its context, are two of the most widely shared and presupposed ideas in contemporary legal theory. However, even if much interest has been dedicated in legal theory and legal dogmatics to the evolution of specific legal concepts or institutions, as well as legal norms in particular, not so much attention has been dedicated to the evolution of legal systems (...) in themselves. In this chapter, I will try to offer an overview of the evolution of the concept of legal system and critically analyse whether an evolutionary theory of legal systems - i.e., a theory about the evolution of legal systems - can be reconstructed and laid down for the analysis both of the past, the present, and the future of legal systems. (shrink)

This paper will consider ethical issues arising from medical tort litigation. I will argue that deep changes are required to ensure fairness in litigation and in order to hold morally responsible those corporations that take unnecessary risks with consumers’ lives.

The article contains a critical analysis of the skeptical solution to the rule- following problem. The skeptical solution denies the existence of “superlative” R-facts that would make statements of the form “P means R by ‘+’ ” true. The role of the sources for the meaning of ‘+’ here is played by the patterns of solidarity behavior of members of some community to which P belongs. The correct use of ‘+’ would be one that is approved by the competent majority (...) of this community, and there can be no other sense in which it would be correct or wrong. Boyd’s hypothesis denies the communal character of the ‘+’ meaning. While there are no “superlative” R-facts, there should be C-facts not about the R as the standard that P or its community follows in their practice of using ‘+’, but about whether they do it correctly. The proof of the Boyd hypothesis is based on the example of an imaginary Ω-community, whose agents use a finite set of simple symbols for the needs of their arithmetic: ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’. Each symbol denotes a subset of identical, from the Ω-community point of view, numerical values. The symbol ‘A’ is used, for ex- ample, for a subset of the natural numbers 1, 10, 19, 28, 37, 46, etc.; ‘B’ for 2, 11, 20, 29, 38, 47, etc.; ‘C’ for 3, 12, 21, 30, 39, 48, etc. The Ω-community’s arithmetic uses the only local function ⊕ whose range of values forms a finite set of mathematical propositions {α} that are true. The Ω-community’s arithmetic, like our own, is open to many skeptical challenges. Is there a fact that determines the meaning of ‘⊕’? What do agents do when they calculate with ‘⊕’ (say, solve examples ‘A⊕B = ?’, ‘C⊕E=?’, etc.)? Do they Add, Badd or Dadd? To answer them would require a “superlative” R-fact. For the calculation practice with ‘⊕’, it could be a certain R-fact that determines the only possible order for the sequence of numerals ‘A’, ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, ‘H’, ‘J’ such that {α} is true. An analysis of the calculation practice using the local arithmetic function ⊕ shows that for it there are no such R-facts that would determine the only correct standard R – even if the agents in the Ω-community were trained in such calculations on a full set of cases for the application of that function. However, for such practice there are C-facts (independent in their existence from R-facts) that make it possible to distinguish between what seems to be right and what is right. The solitary agent P and the Ω-community are in the same position regarding the knowledge of C-facts. The Ω-community’s point of view has no advantage in matters of C-facts knowledge over the solitary agent P’s point of view. The Ω-community arithmetic shows that if a solitary agent P had the suitable knowledge of C-facts about the practice of calculations with ‘⊕’, it would allow him/her to disagree with the not correct answers of other members of the community even when they would constitute an absolute majority. (shrink)

In the good old days, when general philosophy of science ruled the Earth, a simple division was often invoked to talk about philosophical issues specific to particular kinds of science: that between the natural sciences and the social sciences. Over the last 20 years, philosophical studies shaped around this dichotomy have given way to those organized by more fine-grained categories, corresponding to specific disciplines, as the literatures on the philosophy of physics, biology, economics and psychology--to take the most prominent four (...) examples--have blossomed. In general terms, work in each of these areas has become increasingly enmeshed with that in the corresponding science itself, increasingly naturalistic (in at least one sense of that term), and in my view, increasingly interesting. (shrink)

For the general public, there is an intuitive appeal to an animal's living in the wild rather than in captivity. Rarely is it an appeal informed by careful scientific or ethical analysis, however. This paper discusses how animal release projects ought to be conducted, guided by the question, "what are the duties of humans toward animals that are to be released?" It studies the ethical responsibilities of caretakers, practical elements of a responsible release, and proper selection of candidate animals for (...) release, and what marine science tells us about how best these requirements might be achieved. (shrink)

Offers an original interpretation of Plato’s Laws and a new account of its enduring importance. Ballingall argues that the republican regime conceived in the Laws is built on "reverence," an archaic virtue governing emotions of self-assessment—particularly awe and shame. Ballingall demonstrates how learning to feel these emotions in the right way, at the right time, and for the right things is the necessary basis for the rule of law conceived in the dialogue. The Laws remains surprisingly neglected in the scholarly (...) literature, although this is changing. The cynical populisms haunting liberal democracies are focusing new attention on the “characterological” basis of constitutional government and Plato’s Laws remains an indispensable resource on this question, especially when we attend to the theme of reverence at its core. (shrink)

Belief-state ascription — determining what someone “knew,” “believed,” was “aware of,” etc. — is central to many areas of law. In criminal law, the distinction between knowledge and recklessness, and the use of broad jury instructions concerning other belief states, presupposes a common and stable understanding of what those belief-state terms mean. But a wealth of empirical work at the intersection of philosophy and psychology — falling under the banner of “Experimental Epistemology” — reveals how laypeople’s understandings of mens rea (...) concepts differ systematically from what scholars, courts, and perhaps legislators, have assumed. -/- As implemented, mens rea concepts are much more context-dependent and normatively evaluative than the conventional wisdom suggests, even assuming that jurors are following jury instructions to the letter. As a result, there is less difference between knowledge and recklessness than is typically assumed; jurors consistently “over”-ascribe knowledge to criminal defendants; and concepts like “belief,” “awareness,” and “conscious disregard” mean different things in different contexts, resulting in mens rea findings systematically responsive to aspects of the case traditionally considered irrelevant to the meaning of those terms. -/- This Article provides the first systematic account of the factors driving jurors’ ascriptions of the specific belief states criminal law invokes. After surveying mens rea jury instructions, introducing the Experimental Epistemology literature to the legal literature on mens rea, and examining the implications of that literature for criminal law, this Article considers ways to begin bridging the surprisingly large gap between mens rea theory and practice. (shrink)

Watching other people play videogames —a.k.a. ‘spectator gaming’— is a widespread practice. Yet, it is considered by some as an inadequate form of engagement with games. In this paper, I show that the strongest objection to spectator gaming relies on the claim that some properties of videogames are better, if not exclusively, accessible to the player. After that, I propose two replies to this challenge. The first is that ‘secondary players’, i.e., individuals who indirectly take part in the game, can (...) access the relevant properties. The second reply is that even paradigmatic spectators may engage in simulated play, and therefore, access these properties as well. (shrink)