In our article (Zawadzki and Adamczyk 2021), we analyzed threats that novel memory modifying interventions may pose in the future. More specifically, we discussed how optogenetics’ potential for reversible erasure/deactivation of memory “may impact authenticity by producing changes at different levels of personality.” Our article has received many thoughtful open peer commentaries for which we would like to express our great appreciation. We have identified two main threads of objections. They are related to the potential applicability of optogenetics as a (...) therapeutic memory modification technology (MMT) in humans—applicability thread, and the normative value of authenticity, that is, the assumption that preserving authenticity is valuable (either in general or in the particular approach we adopted)—normative thread. Both of these threads concern fundamental issues: The former deals with the scientific credibility of the case vignette on which our discussion is based, and the latter deals with the normative weight of our considerations. We think that addressing both of them can be instructive in a broader context as they reflect a more general disagreement among neuroethicists about the very purpose and method of our discipline. (shrink)

Optogenetics is an invasive neuromodulation technology involving the use of light to control the activity of individual neurons. Even though optogenetics is a relatively new neuromodulation tool whose various implications have not yet been scrutinized, it has already been approved for its first clinical trials in humans. As optogenetics is being intensively investigated in animal models with the aim of developing novel brain stimulation treatments for various neurological and psychiatric disorders, it appears crucial to consider both the opportunities and dangers (...) such therapies may offer. In this review, we focus on the memory-modifying potential of optogenetics, investigating what it is capable of and how it differs from other memory modification technologies. We then outline the safety challenges that need to be addressed before optogenetics can be used in humans. Finally, we re-examine crucial neuroethical concerns expressed in regard to other MMTs in the light of optogenetics and address those that appear to be unique to the memory-modifying potential of optogenetic technology. (shrink)

The New Evil Demon Problem is supposed to show that straightforward versions of reliabilism are false: reliability is not necessary for justification after all. I argue that it does no such thing. The reliabilist can count a number of beliefs as justified even in demon worlds, others as unjustified but having positive epistemic status nonetheless. The remaining beliefs---primarily perceptual beliefs---are not, on further reflection, intuitively justified after all. The reliabilist is right to count these beliefs as unjustified in demon worlds, (...) and it is a challenge for the internalist to be able to do so as well. (shrink)

In response to historical challenges, advocates of a sophisticated variant of scientific realism emphasize that theoretical systems can be divided into numerous constituents. Setting aside any epistemic commitment to the systems themselves, they maintain that we can justifiably believe those specific constituents that are deployed in key successful predictions. Stathis Psillos articulates an explicit criterion for discerning exactly which theoretical constituents qualify. I critique Psillos's criterion in detail. I then test the more general deployment realist intuition against a set of (...) well-known historical cases, whose significance has, I contend, been overlooked. I conclude that this sophisticated form of realism remains threatened by the historical argument that prompted it. A criterion for scientific realism Assessing the criterion A return to the crucial insight: responsibility A few case studies Assessing deployment realism. (shrink)

Is perception cognitively penetrable, and what are the epistemological consequences if it is? I address the latter of these two questions, partly by reference to recent work by Athanassios Raftopoulos and Susanna Seigel. Against the usual, circularity, readings of cognitive penetrability, I argue that cognitive penetration can be epistemically virtuous, when---and only when---it increases the reliability of perception.

Scientific realists have claimed that the posit that our theories are (approximately) true provides the best or the only explanation for their success . In response, I revive two non-realists explanations. I show that realists, in discarding them, have either misconstrued the phenomena to be explained or mischaracterized the relationship between these explanations and their own. I contend nonetheless that these non-realist competitors, as well as their realist counterparts, should be rejected; for none of them succeed in explaining a significant (...) list of successes. I propose a related non-realist explanation of success that appears to be the most suitable among those considered. (shrink)

Goldman, though still a reliabilist, has made some recent concessions to evidentialist epistemologies. I agree that reliabilism is most plausible when it incorporates certain evidentialist elements, but I try to minimize the evidentialist component. I argue that fewer beliefs require evidence than Goldman thinks, that Goldman should construe evidential fit in process reliabilist terms, rather than the way he does, and that this process reliabilist understanding of evidence illuminates such important epistemological concepts as propositional justification, ex ante justification, and defeat.

Can beliefs that are not consciously formulated serve as part of an agent's evidence for other beliefs? A common view says no, any belief that is psychologically immediate is also epistemically immediate. I argue that some unconscious beliefs can serve as evidence, but other unconscious beliefs cannot. Person-level beliefs can serve as evidence, but subpersonal beliefs cannot. I try to clarify the nature of the personal/subpersonal distinction and to show how my proposal illuminates various epistemological problems and provides a principled (...) framework for solving other problems. (shrink)

The article presents edmund Husserl’s idea of transcendental phenomenology in the perspec‐ tive of the project of science. this aspect of Husserl’s writings was pointed out by, for example, rudolf Bernet, man ed Brelage, Iso Kern, eduard marbach, eugen Fink, Ludwig Landgrebe, and roman Ingarden. the main aim, realised in the article is to prove the main hypothesis claiming that transcendental phenomenology is closely connected with Husserl’s conception of philosophy, the idea of philosophy as a science (eidetic and transcendental). the (...) project of transcendental science and knowledge is also connected with Husserl’s conception of transcen‐ dental reduction taken as a mode of revealing those constitutive achievements of consciousness which were covered in the natural attitude. In the paper, I focus on presenting the most im‐ portant points (epistemological, methodological, and transcendental) connected with Husserl’s evolution of phenomenology in the perspective of the project of science. (shrink)

Part of a book symposium on Ernest Sosa's Knowing Full Well. An important feature of Sosa's epistemology is his distinction between animal knowledge and reflective knowledge. What exactly is reflective knowledge, and how is it superior to animal knowledge? Here I try to get clearer on what Sosa might mean by reflective knowledge and what epistemic role it is supposed to play.

A general insight of 20th-century philosophy of science is that the acceptance of a scientific theory is grounded, not merely on a theory's relation to data, but on its status as having no, or being superior to its, competitors. I explore the ways in which scientific realists might be thought to utilise this insight, have in fact utilised it, and can legitimately utilise it. In more detail, I point out that, barring a natural but mistaken characterisation of scientific realism, traditional (...) realism has not utilised that insight regarding scientific theories, i.e., has not explicitly factored that insight into, and invoked it as justification for, what realists believe. Nonetheless, a new form of realism has. In response to a key historical threat, two of the most thoroughly developed contemporary versions of realism—one put forward by Jarrett Leplin, another by Stathis Psillos—are anchored on the sensible tactic of requiring that the theories to which realists commit themselves have no competitors. I argue, however, that the particular kind of non-competitor condition they invoke is illegitimate in the context of the realism debate. I contend further that invoking a non-competitor condition that is legitimate, sensible, and even, as it turns out, required in the context of the debate threatens to eliminate the possibility of scientific realism altogether. (shrink)

We provide a direct method for proving Craig interpolation for a range of modal and intuitionistic logics, including those containing a "converse" modality. We demonstrate this method for classical tense logic, its extensions with path axioms, and for bi-intuitionistic logic. These logics do not have straightforward formalisations in the traditional Gentzen-style sequent calculus, but have all been shown to have cut-free nested sequent calculi. The proof of the interpolation theorem uses these calculi and is purely syntactic, without resorting to embeddings, (...) semantic arguments, or interpreted connectives external to the underlying logical language. A novel feature of our proof includes an orthogonality condition for defining duality between interpolants. (shrink)

Multicellular organisms contain numerous symbiotic microorganisms, collectively called microbiomes. Recently, microbiomic research has shown that these microorganisms are responsible for the proper functioning of many of the systems (digestive, immune, nervous, etc.) of multicellular organisms. This has inclined some scholars to argue that it is about time to reconceptualise the organism and to develop a concept that would place the greatest emphasis on the vital role of microorganisms in the life of plants and animals. We believe that, unfortunately, there is (...) a problem with this suggestion, since there is no such thing as a universal concept of the organism which could constitute a basis for all biological sciences. Rather, the opposite is true: numerous alternative definitions exist. Therefore, comprehending how microbiomics is changing our understanding of organisms may be a very complex matter. In this paper we will demonstrate that this pluralism proves that claims about a change in our understanding of organisms can be treated as both true and untrue. Mainly, we assert that the existing concepts differ substantially, and that only some of them have to be reconsidered in order to incorporate the discoveries of microbiomics, while others are already flexible enough to do so. Taking into account the plurality of conceptualisations within different branches of modern biology, we will conduct our discussion using the developmental and the cooperation–conflict concepts of the organism. Then we will explain our results by referring to the recent philosophical debate on the nature of the concept of the organism within biology. (shrink)

There has been a growing interest in research concerning memory modification technologies (MMTs) in recent years. Neuroscientists and psychologists are beginning to explore the prospect of controllable and intentional modification of human memory. One of the technologies with the greatest potential to this end is optogenetics—an invasive neuromodulation technique involving the use of light to control the activity of individual brain cells. It has recently shown the potential to modify specific long-term memories in animal models in ways not yet possible (...) with other MMTs. As the therapeutic potential of optogenetics has already prompted approval of the first human trials, it is especially important and timely to consider the opportunities and dangers this technology may entail. In this article, we focus on possible consequences of optogenetics as an MMT by analyzing fundamental threats potentially associated with memory modifications: the potential disruption of personality and authenticity. (shrink)

This chapter aims at describing the role of housing in the ageing population, on the example of Poland, which is one the fastest ageing country in the world. This issue is significant because housing well suited to the needs of older people means lower expenses in medical and social care. Seniors living in proper conditions remain not only longer healthy, but they may also stay longer active in the labor market. Housing adoption to the needs of an older population means (...) a particular challenge for Poland, where the majority of the housing stock was created in socialism and is inhabited by large by older people. It is crucial to raise awareness of age-friendly housing among the seniors, their relatives, architects, and policymakers. This purpose serves the first model apartment for seniors in Poland, which was created by the chapter's authors. (shrink)

In the chapter, there is an analysis of sharing economy development in Poland. It concerns both the big players on the market like the most known Airbnb and Uber, as well as smaller, local initiatives, flourishing especially in the food sector. Sharing economy is not a normative concept and is defined differently depending on the subject to which it refers. However, the significance of the phenomenon is rising rapidly from year to year. Moreover, sharing economy brings many opportunities but also (...) creates a lot of unsolved issues, such as regulations, tax regulations, labour law, competition, which often can lead to conflicts between diverse groups of actors. The new, unregulated, by law, model of the economy in some sectors has caused a lot of confusion, leading to conflicts, as well as a feeling of inequality. (shrink)

This thesis introduces the "method of structural refinement", which serves as a means of transforming the relational semantics of a modal and/or constructive logic into an 'economical' proof system by connecting two proof-theoretic paradigms: labelled and nested sequent calculi. The formalism of labelled sequents has been successful in that cut-free calculi in possession of desirable proof-theoretic properties can be automatically generated for large classes of logics. Despite these qualities, labelled systems make use of a complicated syntax that explicitly incorporates the (...) semantics of the associated logic, and such systems typically violate the subformula property to a high degree. By contrast, nested sequent calculi employ a simpler syntax and adhere to a strict reading of the subformula property, making such systems useful in the design of automated reasoning algorithms. However, the downside of the nested sequent paradigm is that a general theory concerning the automated construction of such calculi (as in the labelled setting) is essentially absent, meaning that the construction of nested systems and the confirmation of their properties is usually done on a case-by-case basis. The refinement method connects both paradigms in a fruitful way, by transforming labelled systems into nested (or, refined labelled) systems with the properties of the former preserved throughout the transformation process. To demonstrate the method of refinement and some of its applications, we consider grammar logics, first-order intuitionistic logics, and deontic STIT logics. The introduced refined labelled calculi will be used to provide the first proof-search algorithms for deontic STIT logics. Furthermore, we employ our refined labelled calculi for grammar logics to show that every logic in the class possesses the effective Lyndon interpolation property. (shrink)

This paper studies the relationship between labelled and nested calculi for propositional intuitionistic logic, first-order intuitionistic logic with non-constant domains and first-order intuitionistic logic with constant domains. It is shown that Fitting’s nested calculi naturally arise from their corresponding labelled calculi—for each of the aforementioned logics—via the elimination of structural rules in labelled derivations. The translational correspondence between the two types of systems is leveraged to show that the nested calculi inherit proof-theoretic properties from their associated labelled calculi, such as (...) completeness, invertibility of rules and cut admissibility. Since labelled calculi are easily obtained via a logic’s semantics, the method presented in this paper can be seen as one whereby refined versions of labelled calculi (containing nested calculi as fragments) with favourable properties are derived directly from a logic’s semantics. (shrink)

Tematem artykułu są nowe założenia w nauczaniu wiedzy okrajach niemieckiego obszaru językowego, zawarte w najnowszym curriculum dotyczącym tego przedmiotu. Cele, treści, metody, mierzenie postępu w nauce opierają się na czterech podstawowych zasadach: - integralności, która oznacza łączenie przekazywanych informacji z kompetencją językową i metodyczno-dydaktyczną; - łączenia i wzajemnego powiązania wiedzy z różnych dziedzin, np. realioznawstwo, kulturoznawstwo, historia itp.; - interkulturowości, tzn. rozwijania kompetencji, umiejętności, strategii w kontakcie z innymi kulturami; - ukierunkowania na działania, tzn. przekazywanie wiedzy nie w formie prezentacji (...) faktów, lecz na drodze indukcyjnej, także w formie projektów, wyjazdów studyjnych, kontaktów w kraju i za granicą. Nadrzędnym celem jest wykształcenie człowieka, który będzie dysponował nie tylko wiedzą z zakresu przedmiotu, ale także kompetencją fachowo-dydaktyczną, interkulturową i będzie w stanie samodzielnie interpretować zjawiska społeczne, polityczne i kulturowe w krajach niemieckiego obszaru językowego, a także we własnym zakresie uzupełniać swoją wiedzę. Ponieważ zjawiska te są w ciągłym rozwoju, nie należy zakładać, iż ogarnięty zostanie ich całokształt. Należy dążyć do naświetlenia różnorakich aspektów rzeczywistości społecznej z takich zakresów, jak np. jednostka i społeczeństwo, państwo i społeczeństwo, gospodarka, życie kulturalne itp. Przy ich omawianiu punktem wyjścia są doświadczenia i zainteresowania uczących się. Znajdują oni wspólnie takie tematy, które dają się rozbudowywać w różnych kierunkach w zależności od potrzeb i zainteresowań. Efektem takiego postępowania jest stworzenie nie listy obowiązujących tematów, lecz pewnej sieci wzajemnie z siebie wynikających problemów, którą ciągle można rozszerzać. Wdrożenie takiej drogi musi iść w parze z zastosowaniem różnorakich technik i metod. Powyższe curriculum uwzględnia także powstałą w ostatnich latach koncepcję nauczania wiedzy okrajach niemieckiego obszaru językowego nie w sposób sumaryczny, czyli omawiając kolejno te kraje i występujące w nich zjawiska, lecz w sposób zintegrowany i ukierunkowany na problem, tzn. odnosząc omawiane zjawiska do wszystkich krajów jednocześnie. (shrink)

An examination of the role played by general rules in Hume's positive (nonskeptical) epistemology. General rules for Hume are roughly just general beliefs. The difference between justified and unjustified belief is a matter of the influence of good versus bad general rules, the good general rules being the "extensive" and "constant" ones.

The paper offers a solution to the generality problem for a reliabilist epistemology, by developing an “algorithm and parameters” scheme for type-individuating cognitive processes. Algorithms are detailed procedures for mapping inputs to outputs. Parameters are psychological variables that systematically affect processing. The relevant process type for a given token is given by the complete algorithmic characterization of the token, along with the values of all the causally relevant parameters. The typing that results is far removed from the typings of folk (...) psychology, and from much of the epistemology literature. But it is principled and empirically grounded, and shows good prospects for yielding the desired epistemological verdicts. The paper articulates and elaborates the theory, drawing out some of its consequences. Toward the end, the fleshed-out theory is applied to two important case studies: hallucination and cognitive penetration of perception. (shrink)

Stewart Cohen argues that much contemporary epistemological theorizing is hampered by the fact that ‘epistemic justification’ is a term of art and one that is never given any serious explication in a non-tendentious, theory-neutral way. He suggests that epistemologists are therefore better off theorizing in terms of rationality, rather than in terms of ‘epistemic justification’. Against this, I argue that even if the term ‘epistemic justification’ is not broadly known, the concept it picks out is quite familiar, and partly because (...) it’s a term of art, justification talk is a better vehicle for philosophical theorizing. ‘Rational’ is too unclear for our philosophical purposes, and the fact that ‘epistemic justification’ gets fleshed out by appeal to substantive, controversial theses is no obstacle to its playing the needed role in epistemological theorizing. (shrink)

According to standard scientific realism, science seeks truth and we can justifiably believe that our successful theories achieve, or at least approximate, that goal. In this paper, I discuss the implications of the following competitor thesis: Any theory we may favor has competitors such that we cannot justifiably deny that they are approximately true. After defending that thesis, I articulate three specific threats it poses for standard scientific realism; one is epistemic, the other two are axiological (that is, pertaining to (...) the claim that science seeks truth). I also flag an additional axiological “challenge,” that of how one might justify the pursuit of a primary aim, such as truth. Bracketing epistemic realism, I argue that the axiological threats can be addressed by embracing a refined realist axiological hypothesis, one that specifies a specific subclass of true claims sought in science. And after identifying three potential responses to the axiological “challenge,” I contend that, while standard axiological realism appears to lack the resources required to utilize any of the responses, the refined realist axiology I embrace is well suited to each. (shrink)

Epistemic defeat is standardly understood in either evidentialist or responsibilist terms. The seminal treatment of defeat is an evidentialist one, due to John Pollock, who famously distinguishes between undercutting and rebutting defeaters. More recently, an orthogonal distinction due to Jennifer Lackey has become widely endorsed, between so-called doxastic (or psychological) and normative defeaters. We think that neither doxastic nor normative defeaters, as Lackey understands them, exist. Both of Lackey’s categories of defeat derive from implausible assumptions about epistemic responsibility. Although Pollock’s (...) evidentialist view is superior, the evidentialism per se can be purged from it, leaving a general structure of defeat that can be incorporated in a reliabilist theory that is neither evidentialist nor responsibilist in any way. (shrink)

Broadly speaking, the contemporary scientific realist is concerned to justify belief in what we might call theoretical truth, which includes truth based on ampliative inference and truth about unobservables. Many, if not most, contemporary realists say scientific realism should be treated as ‘an overarching scientific hypothesis’ (Putnam 1978, p. 18). In its most basic form, the realist hypothesis states that theories enjoying general predictive success are true. This hypothesis becomes a hypothesis to be tested. To justify our belief in the (...) realist hypothesis, realists commonly put forward an argument known as the ‘no-miracles argument’. With respect to the basic hypothesis this argument can be stated as follows: it would be a miracle were our theories as successful as they are, were they not true; the only possible explanation for the general predictive success of our scientific theories is that they are true. (shrink)

Fritz von Herzmanovsky-Orlando, austriacki pisarz zmarły w 1954 r., którego dzieła, wydane przez Friedricha Torberga w 1957 r., zostały uznane za kwintesencję austriackości, ponownie wzbudził zainteresowanie germanistów. Kolejna, IQ-tomowa edycja Dziel wszystkich, które opierając się na źródłach i rezygnując ze skrótów oraz przeróbek Torberga, rzuca nowe światło na autora. Ujawnia ona m. in. jego antysłowiańskie i antysemickie skłonności, jego fascynację rasistowskimi teoriami Lanza Liebenfelsa i skłonności do mistyki.

In this paper I distinguish between two kinds of meta-hypotheses, or hypotheses about science, at issue in the scientific realism debate. The first are descriptive empirical hypotheses regarding the nature of scientific inquiry. The second are epistemological theories about what individuals should / can justifiably believe about scientific theories. Favoring the realist Type-D meta-hypotheses, I argue that a particular set of realist and non-realist efforts in the debate over Type-E’s have been valuable in the quest to describe and understand the (...) nature of scientific inquiry. For the realism debate itself has inadvertently and indirectly laid the foundations for an important kind of Type-D meta-hypothesis, one regarding creativity in the history of science—which, in turn, is relevant to refining our descriptions of inference. After illustrating this result with regard to the historical argument against realism, I suggest that these empirically attained meta-hypotheses pertaining to scientific creativity can, in turn, be made methodologically prescriptive. (shrink)

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

Nearly everyone agrees that perception gives us justification and knowledge, and a great number of epistemologists endorse a particular two-part view about how this happens. The view is that perceptual beliefs get their justification from perceptual experiences, and that they do so by being based on them. Despite the ubiquity of these two views, I think that neither has very much going for it; on the contrary, there’s good reason not to believe either one of them.

Yuri Matiyasevich's theorem states that the set of all Diophantine equations which have a solution in non-negative integers is not recursive. Craig Smoryński's theorem states that the set of all Diophantine equations which have at most finitely many solutions in non-negative integers is not recursively enumerable. Let R be a subring of Q with or without 1. By H_{10}(R), we denote the problem of whether there exists an algorithm which for any given Diophantine equation with integer coefficients, can decide whether (...) or not the equation has a solution in R. We prove that a positive solution to H_{10}(R) implies that the set of all Diophantine equations with a finite number of solutions in R is recursively enumerable. We show the converse implication for every infinite set R \subseteq Q such that there exist computable functions \tau_1,\tau_2:N \to Z which satisfy (\forall n \in N \tau_2(n) \neq 0) \wedge ({\frac{\tau_1(n)}{\tau_2(n)}: n \in N}=R). This implication for R=N guarantees that Smoryński's theorem follows from Matiyasevich's theorem. Harvey Friedman conjectures that the set of all polynomials of several variables with integer coefficients that have a rational solution is not recursive. Harvey Friedman conjectures that the set of all polynomials of several variables with integer coefficients that have only finitely many rational solutions is not recursively enumerable. These conjectures are equivalent by our results for R=Q. (shrink)

Response to Horgan, Goldman, and Graham. Part of a book symposium on my _Perception and Basic Beliefs_.

In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

In the Nyāyasūtras (NS), the fundamental text of the Nyāya tradition, testimony is defined as a statement of a reliable speaker (āpta). According to the NS, such a speaker should possess three qualities: competence, honesty and desire to speak. The content of a discourse, including the prescriptions, is also considered reliable due to the status of a given author and the person that communicated it. -/- The Polish philosopher J.M. Bocheński similarly stresses the role of a speaker; he holds that (...) an authoritative source (whose discourse is called testimony) should be competent and truthful. The conditions of trust and superiority also apply. According to Bocheński, being an authority entails a special relation—it has a subject, object and field. Notably, Bocheński develops his own typology of testimony by distinguishing between what he calls epistemic and deontic authority. He asks questions such as: Who can be the subject of an authoritative statement? Which features should the speaker possess? How is authority recognised? Is there a universal or an absolute authority? What is the field of authority? Moreover, which qualities should the listener possess? -/- The Nyāya philosophers, both the ancient ones, like Akṣapāda Gautama, Vātsyāyana, Vācaspati Miśra, and the contemporary scholars of Nyāya, such as B. K. Matilal and J. Ganeri, were also concerned with these issues. -/- The aim of this paper is to discuss the above points in a comparative manner. I will argue that both Bocheński’s and the Nyāya accounts share very similar perspectives and encounter analogous problems. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Cognitive penetration of perception is the idea that what we see is influenced by such states as beliefs, expectations, and so on. A perceptual belief that results from cognitive penetration may be less justified than a nonpenetrated one. Inferentialism is a kind of internalist view that tries to account for this by claiming that some experiences are epistemically evaluable, on the basis of why the perceiver has that experience, and the familiar canons of good inference provide the appropriate standards by (...) which experiences are evaluated. I examine recent defenses of inferentialism by Susanna Siegel, Peter Markie, and Matthew McGrath and argue that the prospects for inferentialism are dim. (shrink)

The axiological tenet of scientific realism, “science seeks true theories,” is generally taken to rest on a corollary epistemological tenet, “we can justifiably believe that our successful theories achieve (or approximate) that aim.” While important debates have centered on, and have led to the refinement of, the epistemological tenet, the axiological tenet has suffered from neglect. I offer what I consider to be needed refinements to the axiological postulate. After showing an intimate relation between the refined postulate and ten theoretical (...) desiderata, I argue that the axiological postulate does not depend on its epistemological counterpart; epistemic humility can accompany us in the quest for truth. Upon contrasting my axiological postulate against the two dominant non-realist alternatives and the standard realist postulate, I contend that its explanatory and justificatory virtues render it, among the axiologies considered, the richest account of the scientific enterprise. (shrink)

The most promising contemporary form of epistemic scientific realism is based on the following intuition: Belief should be directed, not toward theories as wholes, but toward particular theoretical constituents that are responsible for, or deployed in, key successes. While the debate on deployment realism is quite fresh, a significant degree of confusion has already entered into it. Here I identify five criteria that have sidetracked that debate. Setting these distractions aside, I endeavor to redirect the attention of both realists and (...) non-realists to the fundamental intuition above. In more detail: I show that Stathis Psillos (1999) has offered an explicit criterion for picking out particular constituents, which, contrary to Kyle Stanford’s (2006a) criticisms, neither assumes the truth of theories nor requires hindsight. I contend, however, that, in Psillos’s case studies, Psillos has not successfully applied his explicit criterion. After clarifying the various alternative criteria at work (in those case studies and in a second line of criticism offered by Stanford), I argue that, irrespective of Stanford’s criticisms, the explicit criterion Psillos does offer is not an acceptable one. Nonetheless, the deployment realist’s fundamental intuition withstands all of these challenges. In closing, I point in a direction toward which I’ve elsewhere focused, suggesting that, despite the legitimacy and applicability of the deployment realist’s intuition, the historical threat that prompted it remains. (shrink)

This article endeavors to identify the strongest versions of the two primary arguments against epistemic scientific realism: the historical argument—generally dubbed “the pessimistic meta-induction”—and the argument from underdetermination. It is shown that, contrary to the literature, both can be understood as historically informed but logically validmodus tollensarguments. After specifying the question relevant to underdetermination and showing why empirical equivalence is unnecessary, two types of competitors to contemporary scientific theories are identified, both of which are informed by science itself. With the (...) content and structure of the two nonrealist arguments clarified, novel relations between them are uncovered, revealing the severity of their collective threat against epistemic realism and its “no-miracles” argument. The final section proposes, however, that the realist’s axiological tenet “science seeks truth” is not blocked. An attempt is made to indicate the promise for a nonepistemic, purely axiological scientific realism—here dubbed “Socratic scientific realism.”. (shrink)

The scientific realism debate has now reached an entirely new level of sophistication. Faced with increasingly focused challenges, epistemic scientific realists have appropriately revised their basic meta-hypothesis that successful scientific theories are approximately true: they have emphasized criteria that render realism far more selective and, so, plausible. As a framework for discussion, I use what I take to be the most influential current variant of selective epistemic realism, deployment realism. Toward the identification of new case studies that challenge this form (...) of realism, I break away from the standard list and look to the history of celestial mechanics, with an emphasis on twentieth century advances. I then articulate two purely deductive arguments that, I argue, properly capture the historical threat to realism. I contend that both the content and form of these novel challenges seriously threaten selective epistemic realism. I conclude on a positive note, however, arguing for selective realism at a higher level. Even in the face of threats to its epistemic tenet, scientific realism need not be rejected outright: concern with belief can be bracketed while nonetheless advocating core realist tenets. I show that, in contrast with epistemic deployment realism, a purely axiological scientific realism can account for key scientific practices made salient in my twentieth century case studies. And embracing the realists favored account of inference, inference to the best explanation, while pointing to a set of the most promising alternative selective realist meta-hypothesis, I show how testing the latter can be immensely valuable to our understanding of science. (shrink)

Much of the intuitive appeal of evidentialism results from conflating two importantly different conceptions of evidence. This is most clear in the case of perceptual justification, where experience is able to provide evidence in one sense of the term, although not in the sense that the evidentialist requires. I argue this, in part, by relying on a reading of the Sellarsian dilemma that differs from the version standardly encountered in contemporary epistemology, one that is aimed initially at the epistemology of (...) introspection but which generalizes to theories of perceptual justification as well. (shrink)

Outside of philosophy, ‘intuition’ means something like ‘knowing without knowing how you know’. Intuition in this broad sense is an important epistemological category. I distinguish intuition from perception and perception from perceptual experience, in order to discuss the distinctive psychological and epistemological status of evaluative property attributions. Although it is doubtful that we perceptually experience many evaluative properties and also somewhat unlikely that we perceive many evaluative properties, it is highly plausible that we intuit many instances of evaluative properties as (...) such. The resulting epistemological status of evaluative property attributions is very much like it would be if we literally perceived such properties. (shrink)

W językoznawstwie wiele miejsca poświęca się w ostatnim czasie językom fachowym. Językoznawcy najczęściej podejmują badania dotyczące języka medycyny, ekonomii czy w ostatnim czasie Unii Europejskiej. Rzadziej, choć wymaga tego rzeczywistość, analizuje się język prawny czy też prawniczy. Trzeba zaznaczyć, że język prawny nie jest językiem fachowym w ogólnie przyjętym tego słowa znaczeniu. Opisuje on sytuacje, które są ważne dla opinii publicznej, które muszą być, dla dobra obywateli, uregulowane poprzez przepisy. Przepisy są wprawdzie tworzone przez prawników, powinny być jednak rozumiane przez (...) ogół społeczeństwa. Prawnicy posługują się najczęściej językiem, którego cechy nie są proste do uszeregowania. Język prawny i prawniczy charakteryzuje się skomplikowaną składnią, stylem, który unika wszelkich ozdobników. Problem wiąże się jednak przede wszystkim z prawidłowym odczytaniem znaczeń używanych pojęć. Można tu mówić o dwóch rodzajach pojęć, gdyż język prawny używa terminów tjpowych dla tej dziedziny, takich jak np. prawo majątkowe, prawo autorskie czy ustawa, jednak obok nich pojawiają się często pojęcia zaczerpnięte z języka ogólnego, które w pewnych kolokacjach nabierają innego z punktu widzenia prawa znaczenia, np. orzeczenie, wyrok czy własność. Autorka niniejszego tekstu próbuje odpowiedzieć na pytanie, jak dalece pojęcia języka ogólnego wnikają w język prawny i czy ma miejsce odwrotny proces oraz w jakim stopniu może mieć to wpływ na rozumienie tekstu. Odpowiedź nie jest z pewnością prosta, ale należy wierzyć, że dalsze badania prowadzone nad językiem prawnym przybliżą semantyczne aspekty różnic pomiędzy językiem prawnym a ogólnym i tym samym ułatwią rozumienie tekstów ustaw czy wyroków sądowych. (shrink)

There are two primary arguments against scientific realism, one pertaining to underdetermination, the other to the history of science. While these arguments are usually treated as altogether distinct, P. Kyle Stanford's ‘problem of unconceived alternatives’ constitutes one kind of synthesis: I propose that Stanford's argument is best understood as a broad modus ponens underdetermination argument, into which he has inserted a unique variant of the historical pessimistic induction. After articulating three criticisms against Stanford's argument and the evidence that he offers, (...) I contend that, as it stands, Stanford's argument poses no threat to contemporary scientific realism. Nonetheless, upon identifying two useful insights present in Stanford's general strategy, I offer an alternative variant of the modus ponens underdetermination argument, one that, although historically informed by science, requires no inductive premises. I contend that this non-inductive but historically informed variant of the modus ponens clarifies and considerably strengthens the case against scientific realism. (shrink)

To what extent are cognitive capacities, especially perceptual capacities, informationally encapsulated and to what extent are they cognitively penetrable? And why does this matter? Two reasons we care about encapsulation/penetrability are: (a) encapsulation is sometimes held to be definitional of modularity, and (b) penetrability has epistemological implications independent of modularity. I argue that modularity does not require encapsulation; that modularity may have epistemological implications independently of encapsulation; and that the epistemological implications of the cognitive penetrability of perception are messier than (...) is sometimes thought. (shrink)

Methods have been a controversial element in theories of knowledge for the last 40 years. Recent developments in theories of justification, concerning the identification and individuation of belief-forming processes, can shed new light on methods, solving some longstanding problems in the theory of knowledge. We needn’t and shouldn’t shy away from methods; rather, methods, construed as psychological processes of belief-formation, need to play a central role in any credible theory of knowledge.

Four Challenges to Epistemic Scientific Realism—and the Socratic Alternative.

In this paper I challenge and adjudicate between the two positions that have come to prominence in the scientific realism debate: deployment realism and structural realism. I discuss a set of cases from the history of celestial mechanics, including some of the most important successes in the history of science. To the surprise of the deployment realist, these are novel predictive successes toward which theoretical constituents that are now seen to be patently false were genuinely deployed. Exploring the implications for (...) structural realism, I show that the need to accommodate these cases forces our notion of “structure” toward a dramatic depletion of logical content, threatening to render it explanatorily vacuous: the better structuralism fares against these historical examples, in terms of retention, the worse it fares in content and explanatory strength. I conclude by considering recent restrictions that serve to make “structure” more specific. I show however that these refinements will not suffice: the better structuralism fares in specificity and explanatory strength, the worse it fares against history. In light of these case studies, both deployment realism and structural realism are significantly threatened by the very historical challenge they were introduced to answer. (shrink)

We present cut-free labelled sequent calculi for a central formalism in logics of agency: STIT logics with temporal operators. These include sequent systems for Ldm , Tstit and Xstit. All calculi presented possess essential structural properties such as contraction- and cut-admissibility. The labelled calculi G3Ldm and G3Tstit are shown sound and complete relative to irreflexive temporal frames. Additionally, we extend current results by showing that also Xstit can be characterized through relational frames, omitting the use of BT+AC frames.