The willful ignorance doctrine says defendants should sometimes be treated as if they know what they don't. This book provides a careful defense of this method of imputing mental states. Though the doctrine is only partly justified and requires reform, it also demonstrates that the criminal law needs more legal fictions of this kind. The resulting theory of when and why the criminal law can pretend we know what we don't has far-reaching implications for legal practice and reveals a pressing (...) need for change. (shrink)

Whether causing flash crashes in financial markets, purchasing illegal drugs, or running over pedestrians, AI is increasingly engaging in activity that would be criminal for a natural person, or even an artificial person like a corporation. We argue that criminal law falls short in cases where an AI causes certain types of harm and there are no practically or legally identifiable upstream criminal actors. This Article explores potential solutions to this problem, focusing on holding AI directly criminally liable where it (...) is acting autonomously and irreducibly. Conventional wisdom holds that punishing AI is incongruous with basic criminal law principles such as the capacity for culpability and the requirement of a guilty mind. -/- Drawing on analogies to corporate and strict criminal liability, as well as familiar imputation principles, we show how a coherent theoretical case can be constructed for AI punishment. AI punishment could result in general deterrence and expressive benefits, and it need not run afoul of negative limitations such as punishing in excess of culpability. Ultimately, however, punishing AI is not justified, because it might entail significant costs and it would certainly require radical legal changes. Modest changes to existing criminal laws that target persons, together with potentially expanded civil liability, are a better solution to AI crime. (shrink)

The legal reasons that bind a judge and the moral reasons that bind all persons can sometimes pull in different directions. There is perhaps no starker example of such judicial dilemmas than in criminal sentencing. Particularly where mandatory minimum sentences are triggered, a judge can be forced to impose sentences that even the judge regards as “immensely cruel, if not barbaric.” Beyond those directly harmed by overly harsh laws, some courts have recognized that “judges who, forced to participate in such (...) inhumane acts, suffer a loss of dignity and humanity as well.” When faced with such a judicial dilemma—a powerful tension between the judge’s legal and moral reasons—the primary question is what a judge can do to resolve it. We argue that the two standard responses—sacrificing morality to respect the law (“legalism”), or sacrificing the law to respect morality (“moralism”)—are unsatisfying. Instead, this Article defends an underexplored third response: rather than abandoning one ideal to maximally promote the other, we argue that judges should seek to at least minimally satisfy the demands of both. Judges should, in other words, look for and employ what we dub Satisficing Options. These are actions that enjoy sufficient support from both the legal reasons and the moral reasons, and thus are both legally and morally permissible—even if the acts in question would not strictly count as optimal by the lights of the law or morality. This common sensical response to the problem is not only underappreciated in the literature, but also has great practical import. Focusing on the sentencing context, this Article demonstrates that judicial dilemmas can be systematically resolved, mitigated or avoided through a range of concrete strategies that on their own or in conjunction can constitute Satisficing Options: these strategies include seeking out legally permitted but morally preferable interpretations of the law, expressing condemnation of unjust laws in dicta, and seeking assistance or cooperation from other actors to help defendants facing substantively unjust mandatory sentences. While these strategies can at times also go too far, we argue that in certain contexts they can be sufficiently defensible on both legal and moral grounds to be a justifiable response to judicial dilemmas. This Article thus provides both a novel theoretical framework for understanding the justification of judicial responses to unjust laws, as well as a practical a menu of options which judges can use to guide their responses to the judicial dilemmas that they are increasingly likely to encounter within our criminal justice system. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

One shortcoming of the chain rule is that it does not iterate: it gives the derivative of f(g(x)), but not (directly) the second or higher-order derivatives. We present iterated differentials and a version of the multivariable chain rule which iterates to any desired level of derivative. We first present this material informally, and later discuss how to make it rigorous (a discussion which touches on formal foundations of calculus). We also suggest a finite calculus chain rule (contrary to Graham, Knuth (...) and Patashnik's claim that "there's no corresponding chain rule of finite calculus"). (shrink)

Bilim ve din arasındaki etkileşimler hem tarihsel olarak hem de günümüzde çeşitli ve karmaşıktır. Modeller, verileri anlamlandırmak için faydalı olabilir. Bu makale, bilim-din etkileşimlerini tanımlamak için önerilen dört ana model türünü karşılaştırarak, onların güçlü ve zayıf yönlerini vurgulamaktadır. Bilimsel ve dini bilgiyi ilişkilendirme görevinde 'bütünleyici' modelin en verimli olduğu sonucuna varılmıştır.

No centro da filosofia moral de Kant está sem dúvida sua doutrina do imperativo categórico. Por esse motivo não é de se surpreender que a Fundamentação da Metafísica dos Costumes (1785), na qual Kant explica, em detalhes, essa doutrina pela primeira vez, tenha sido o foco da atenção por décadas. Mas há alguns anos é observável uma significativa mudança na literatura que é univocamente bem vinda: ao lado da pesquisa das Doutrinas da Virtude e do Direito publicadas por Kant nos (...) anos noventa do século 18, agora também são intensamente estudadas suas perspectivas filosófico-morais desenvolvidas antes de 1781. Nesse sentido assume uma posição de destaque o manuscrito estudantil de uma lição de ética ministrada no meio dos anos 70, que é publicada aqui, em língua portuguesa, pela primeira vez em uma tradução comentada. Ainda hoje, esta lição serve como uma introdução à ética de Kant, muito embora pareça divergir, em alguns aspectos, da doutrina crítica do imperativo categórico. As Lições de Ética são um „trabalho em andamento“. Por um lado, somos capazes de assistir Kant "pensando" e compreender como ele se reporta ao livro de Alexander Baumgarten sobre os Príncípios da Metafísica Prática (Initia philosophiae practicae primae, 1760). E, por outro lado, somos capazes de vivenciar como ele desenvolve suas próprias perspectivas filosófico-morais em contraste a Baumgarten. Para todos que se interessam pela filosofia moral de Kant e pela história da ética na época da Aufklärung, o estudo desse manuscrito é indispensável. -/- Heiner F. Klemme (Martin Luther Universität - Halle-Wittenberg) . (shrink)

Résumé Le débat holisme-réductionnisme se structure autour de trois domaines sémantiques : l 'ontologie, la méthodologie et l'épistémologie. Généralement, une méthodologie analytique s'accompagne d'une ontologie atomiste et de la réduction des lois et théorie des niveaux d'organisation supérieurs aux lois et théorie des niveaux inférieurs. Par contre, une ontologie holiste, relationnelle peut s'accorder au concept d'émergence. En conséquence dans l'élaboration des lois et théories d'un phénomène appartenant à un niveau donné la prise en compte du niveau d'organisation supérieurs se révélera (...) déterminante. Les propositions philosophiques anti-mécanicistes de précurseur tels que Bradley, S. Alexander, A.N. Whitehead, C.L. Morgan, D.C. Broad, même en restant au niveau d'une forme de proto-émergentisme représentent le fondement épistémologique à partir duquel s'est développée une méthodologie véritablement émergentiste. Abstract The holism-reductionism debate is structured around three areas of semantics: ontology, methodology and epistemology. As a general rule, an analytical methodology goes with an atomist ontology, and the reduction of laws and theories from the higher levels of organisation to the laws and theories of lower levels. On the other hand, a holistic and relational ontology can be in unison with the concept of emergence. As a consequence, in elaborating laws and theories of a phenornenon of a given level, taking into account that the higher level of organisation will be determinant. The philosophical and anti-mechanistic propositions of precursors such as F. Bradley, S. Alexander, A.N. Whitehead, C.L. Morgan, D.C. Broad, even remaining at the level of a kind of proto-emergentism represent the epistemological basis on which a true emergentist methodology has been developed. (shrink)

This book is inspired by a German theoretical physicist, Sabine Hossenfelder’s publication: “Lost in Mathematics”. Her book seems to question highly mathematical and a lot of abstraction in the development of physics and cosmology studies nowadays. There is clear tendency that in recent decades, the physics science has been predominated by such an advanced mathematics, which at times sounding more like acrobatics approach to a reality. Through books by senior mathematical-physicists like Unzicker and Peter Woit, we know that the answer (...) of TOE is not in superstring theories or other variations of such 26 dimensional bosonic string theory, of which none of those theories survived experimental test, but perhaps in low dimensional physics. As Alexander Unzicker suggests, perhaps it is more advisable to consider rotation in 3D space (known as SO3), or a kind of superfluid vortices version of gravitation theory. We can also reconsider proposition by the late Prof F. Winterberg (formerly professor at Univ. Nevada, Reno), that it is most likely that superfluid phonon roton theory in 3D can replace the entire superstring theories. While we don’t explore yet implications of his model to particle physics, we discuss here some published papers at several journals in the past few years. (shrink)

There have been attempts to subsume Charles Darwin's theory of evolution under either one of two distinct intellectual traditions: early Victorian natural science and its descendants in political economy (as exemplified by Herschel, Lyell, or Malthus) and the romantic approach to art and science emanating from Germany (as exemplified by Humboldt and Goethe). In this paper, it will be shown how these traditions may have jointly contributed to the design of Darwin's theory. The hypothesis is that their encounter created a (...) particular tension in the conception of his theory which first opened up its characteristic field and mode of explanation. On the one hand, the domain of the explanandum was conceived of under a holistic and aesthetic view of nature that, in its combination with refined techniques of observation, was deeply indebted to Humboldt in particular. On the other hand, Darwin fashioned explanations for natural phenomena, so conceived, in order to identify their proper causes in a Herschelian spirit. The particular interaction between these two traditions in Darwin, it is concluded, paved the way for a transfer of the idea of causal laws to animate nature while salvaging the romantic idea of a complex, teleological and harmonious order of nature. Copyright © 2015 Elsevier Ltd. All rights reserved. (shrink)

Der berühmte Ameisenmann E.O. Wilson war schon immer einer meiner Helden - nicht nur ein hervorragender Biologe, sondern eine der winzigen und verschwindenden Minderheit von Intellektuellen, die es zumindest wagt, die Wahrheit über unsere Natur anzudeuten, die andere nicht verstehen oder, soweit sie es verstehen, aus politischen Gründen unermüdlich vermeiden. Leider beendet er seine lange Karriere auf äußerst schäbige Weise als Partei eines ignoranten und arroganten Angriffs auf die Wissenschaft, der zumindest teilweise durch die religiöse Inbrunst seiner Harvard-Kollegenmotiviertist. Es zeigt (...) die abscheulichen Folgen, wenn Universitäten Geld von religiösen Gruppen annehmen, Wissenschaftszeitschriften von großen Namen so bewundert sind, dass sie eine ordnungsgemäße Peer Review vermeiden und wenn Egos außer Kontrolle geraten dürfen. Es führt uns in die Natur der Evolution, die Grundlagen der wissenschaftlichen Methodik, wie Mathematik mit Wissenschaft zusammenhängt, was eine Theorie ausmacht, und sogar, welche Einstellungen zu Religion und Großzügigkeit angemessen sind, wenn wir uns unaufhaltsam dem Zusammenbruch der industriellen Zivilisation nähern. Ich fand Abschnitte in 'Conquest' mit dem üblichen prägnanten Kommentar (obwohl nichts wirklich Neues oder Interessantes, wenn man seine anderen Werke gelesen hat und auf biologie im Allgemeinen ist) in der oftgestylten Prosa, die sein Markenzeichen ist, aber war ziemlich überrascht, dass der Kern des Buches seine Ablehnung inklusiver Fitness (die seit über 50 Jahren ein Standbein der Evolutionsbiologie ist) zugunsten der Gruppenauswahl ist. Man nimmt an, dass von ihm kommen und mit den articles er bezieht sich auf veröffentlicht von sich selbst und Harvard Mathematik Kollege Nowak in großen Peer-Review-Zeitschriften wie Nature, muss es ein wesentlicher Fortschritt sein,, trotz der Tatsache, dass ich wusste, Gruppenauswahl wurde fast überall abgelehnt, da mit jeder großen Rolle in der Evolution. Ich habe zahlreiche Rezensionen im Netz gelesen und viele haben gute Kommentare, aber die, die ich am meisten sehen wollte, war, dass von renommierten Wissenschaftsautor und Evolutionsbiologe Richard Dawkins. Im Gegensatz zu den meisten von Fachleuten, die in Zeitschriften nur für diejenigen mit Zugang zu einer Universität zur Verfügung stehen, ist es leicht im Netz verfügbar, obwohlanscheinend, entschied er sich, es nicht in einer Zeitschrift zu veröffentlichen, da es angemessen abscheulich ist. Leider findet man eine vernichtende Ablehnung des Buches und den acerbic Kommentar über einen wissenschaftlichen Kollegen, den ich je von Dawkins gesehen habe -- über alles in seinem vielen Austausch mit dem verstorbenen und unbeklagten Demagogen und Pseudowissenschaftler Stephan Jay Gould. Obwohl Gould für seine persönlichen Angriffe auf seinen Harvard-Kollegen Wilson berüchtigt war, stellt Dawkins fest, dass ein Großteil von "Conquest" einen unbequem an Goulds häufige Verfehlungen in "bland, unfocussed ecumenicalis" erinnert. Dasselbe gilt mehr oder weniger für Wilsons populäres Schreiben, einschließlich seines jüngsten Buches "The Meaning of Human Existence" – eine weitere schamlose Eigenwerbung seiner diskreditierten Ideen zu Inklusiver Fitness (IF). Dawkins weist darauf hin, dass das berüchtigte 2010-Papier von Nowak, Tarnita und Wilson in Nature von über 140 Biologen, die einen Brief unterzeichnet haben, fast überall abgelehnt wurde und dass es in Wilsons Buch kein Wort darüber gibt. Auch in den folgenden 4 Jahren mit Artikeln, Vorträgen und mehreren Büchern haben sie dies nicht korrigiert. Es gibt keine andere Wahl, als Dawkins trenchant Kommentar zuzustimmen: "Für Wilson nicht zu zugeben, dass er für sich selbst gegen die große Mehrheit seiner professionellen Kollegen spricht - es schmerzt mich, dies von einem lebenslangen Helden zu sagen -- ein Akt mutwilligen Arroganz." Angesichts von Nowaks späterem Verhalten muss man ihn auch einbeziehen. Ich habe das Gefühl, dass einer der fassungslosen Menschen, die man im Fernsehen sieht, interviewt wird, nachdem der nette Mann von nebenan, der seit 30 Jahren alle Kinder babysitten, als Serienmörder entlarvt wird. Dawkins weist auch darauf hin (wie er und andere seit vielen Jahren), dass inklusive Fitness mit dem Neo-Darwinismus (d.h. logischerweise folgt) entsteht und nicht abgelehnt werden kann, ohne die Evolution selbst abzulehnen. Wilson erinnert uns erneut an Gould, der Kreationisten von der einen Seite seines Mundes anprangerte, während er ihnen Trost spendete, indem er endlosen ultraliberalen marxistisch gefärbten Kauderwelsch über Spandrels, unterbrochenes Gleichgewicht und Evolutionspsychologie von der anderen ausspeist. Die Unbestimmtheit und mathematische Opazität (für die meisten von uns) der Mathematik der Gruppen- oder Mehrebenenauswahl ist genau das, was die Sanftmütigen ihnen ermöglichen wollen, dem rationalen Denken in ihren endlosen antiwissenschaftlichen Gerüchten und (in der Wissenschaft) postmodernen Wortsalate zu entkommen. Schlimmer noch, Wilsons "Eroberung" ist ein schlecht durchdachtes und schlampig geschriebenes Durcheinander voller Nonsequiturs, vager Streifzüge, Verwirrungen und Inkohärenz. Eine gute Bewertung, die einige davon im Detail ist, dass von Absolvent Gerry Carter, die Sie im Netz finden können. Wilson hat auch nichts mit unserem gegenwärtigen Verständnis der Evolutionspsychologie (EP) zu tun (siehe z.B. die letzten 300 Seiten von Pinkers 'The Better Angels of our Nature'). Wenn Sie eine seriöse Buchlänge Bericht über die soziale Evolution und einige relevante EP von einem Experten wollen, siehe 'Principles of Social Evolution' von Andrew F.G. Bourke, oder ein nicht ganz so ernster und zugegebenermaßen fehlerhafter und irrender Bericht, aber ein Muss,das Robert Trivers dennoch lesen muss—'The Folly of Fools: The Logic of Deceit and Self-Deception in Human Life' und ältere, aber immer noch aktuelle und durchdringende Werke wie 'The Evolutionof Cooperation':Revised Edition by Robert Axelrod and 'The Biology ofMoral Systems' von Richard Alexander. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

In this philosophical response to Terrance MacMullan’s From American Empire to América Cósmica through Philosophy: Prospero’s Reflection (2023), I engage with his ambitious and timely project of inter-American philosophy and critique of U.S. imperialism. While analyzing and praising MacMullan's engagement with philosophers like Pedro Albizu Campos and Gloria Anzaldúa, I also reflect on our shared positionality as white scholars raised in Spanish-speaking regions of the USA. Finally, I draw upon Anzaldúa's "Geographies of Selves" concept to suggest that more "autohistoria" or (...) self-disclosure would enhance the existential depth and power of MacMullan's project of haciendo una América Cósmica through philosophy. (shrink)

Can there be grounding without necessitation? Can a fact obtain wholly in virtue of metaphysically more fundamental facts, even though there are possible worlds at which the latter facts obtain but not the former? It is an orthodoxy in recent literature about the nature of grounding, and in first-order philosophical disputes about what grounds what, that the answer is no. I will argue that the correct answer is yes. I present two novel arguments against grounding necessitarianism, and show that grounding (...) contingentism is fully compatible with the various explanatory roles that grounding is widely thought to play. (shrink)

Discussion of the relevance of grounding to substantiveness, theory-choice, and “location problems” in metaphysics.

Whether or not quantum physics can account for molecular structure is a matter of considerable controversy. Three of the problems raised in this regard are the problems of molecular structure. We argue that these problems are just special cases of the measurement problem of quantum mechanics: insofar as the measurement problem is solved, the problems of molecular structure are resolved as well. In addition, we explore one consequence of our argument: that claims about the reduction or emergence of molecular structure (...) cannot be settled independently of the choice of a particular resolution to the measurement problem. Specifically, we consider how three standard putative solutions to the measurement problem inform our under- standing of a molecule in isolation, as well as of chemistry’s relation to quantum physics. (shrink)

It is shown that one common formulation of Stalnaker's semantics for conditionals is incomplete: it has no sound and (strongly) complete proof system. At first, this seems to conflict with well-known completeness results for this semantics (e.g., Stalnaker and Thomason 1967; Stalnaker 1970 and Lewis 1973, ch. 6). As it turns out, it does not: these completeness results rely on another closely-related formulation of the semantics that is provably complete. Specifically, the difference comes down to how the Limit Assumption is (...) stated. I close with some remarks about what this means for the logic of conditionals. (shrink)

It is widely held that counterfactuals, unlike attitude ascriptions, preserve the referential transparency of their constituents, i.e., that counterfactuals validate the substitution of identicals when their constituents do. The only putative counterexamples in the literature come from counterpossibles, i.e., counterfactuals with impossible antecedents. Advocates of counterpossibilism, i.e., the view that counterpossibles are not all vacuous, argue that counterpossibles can generate referential opacity. But in order to explain why most substitution inferences into counterfactuals seem valid, counterpossibilists also often maintain that counterfactuals (...) with possible antecedents are transparency‐preserving. I argue that if counterpossibles can generate opacity, then so can ordinary counterfactuals with possible antecedents. Utilizing an analogy between counterfactuals and attitude ascriptions, I provide a counterpossibilist‐friendly explanation for the apparent validity of substitution inferences into counterfactuals. I conclude by suggesting that the debate over counterpossibles is closely tied to questions concerning the extent to which counterfactuals are more like attitude ascriptions and epistemic operators than previously recognized. (shrink)

Thomas Schmidt argues that a widely held combination of views about reasons and ought—the Balancing View of Ought and the claim that reasons against Q are reasons for not-Q—is extensionally adequate only if it is complemented by two principles of reasons transmission. In this paper I present three problems for Schmidt’s package of views and two problems for his transmission principles considered in isolation. I then defend a rival package of views—a version of the Balancing View and the claim that (...) reasons against Q are reasons that bear on Q with negative weight—that avoids these problems and secures extensional adequacy without Schmidt’s principles. I conclude that friends of the Balancing View should prefer my package of views. (shrink)

Elselijn Kingma argues that, in cases of mammalian placental pregnancy, the foster (roughly, the post-implantation embryo/foetus) is part of the gravida (the pregnant organism). But she does not consider the possibility of proper overlap. I show that this generates a number of serious problems for her argument and trace the oversight to a quite general issue within the literature on biological individuality. Doing so provides an opportunity to pull apart and clarify the relations between some importantly distinct questions concerning organismality (...) and organismic parthood, and to identify the implications that this has for those who want to draw on this literature when making metaphysical or mereological arguments. (shrink)

A counterpossible is a counterfactual with an impossible antecedent. Counterpossibles present a puzzle for standard theories of counterfactuals, which predict that all counterpossibles are semantically vacuous. Moreover, counterpossibles play an important role in many debates within metaphysics and epistemology, including debates over grounding, causation, modality, mathematics, science, and even God. In this article, we will explore various positions on counterpossibles as well as their potential philosophical consequences.

Recent discussions of emergence in physics have focussed on the use of limiting relations, and often particularly on singular or asymptotic limits. We discuss a putative example of emergence that does not fit into this narrative: the case of phonons. These quasi-particles have some claim to be emergent, not least because the way in which they relate to the underlying crystal is almost precisely analogous to the way in which quantum particles relate to the underlying quantum field theory. But there (...) is no need to take a limit when moving from a crystal lattice based description to the phonon description. Not only does this demonstrate that we can have emergence without limits, but also provides a way of understanding cases that do involve limits. (shrink)

Conventional wisdom has it that truth is always evaluated using our actual linguistic conventions, even when considering counterfactual scenarios in which different conventions are adopted. This principle has been invoked in a number of philosophical arguments, including Kripke’s defense of the necessity of identity and Lewy’s objection to modal conventionalism. But it is false. It fails in the presence of what Einheuser (2006) calls c-monsters, or convention-shifting expressions (on analogy with Kaplan’s monsters, or context-shifting expressions). We show that c-monsters naturally (...) arise in contexts, such as metalinguistic negotiations, where speakers entertain alternative conventions. We develop an expressivist theory—inspired by Barker (2002) and MacFarlane (2016) on vague predications and Einheuser (2006) on counterconventionals—to model these shifts in convention. Using this framework, we reassess the philosophical arguments that invoked the conventional wisdom. (shrink)

This article examines two questions about scientists’ search for knowledge. First, which search strategies generate discoveries effectively? Second, is it advantageous to diversify search strategies? We argue pace Weisberg and Muldoon, “Epistemic Landscapes and the Division of Cognitive Labor”, that, on the first question, a search strategy that deliberately seeks novel research approaches need not be optimal. On the second question, we argue they have not shown epistemic reasons exist for the division of cognitive labor, identifying the errors that led (...) to their conclusions. Furthermore, we generalize the epistemic landscape model, showing that one should be skeptical about the benefits of social learning in epistemically complex environments. (shrink)

Kant’s accounts of the Highest Good and the moral argument for God and immortality are central features of his philosophy. But both involve lingering puzzles. In this entry, we first explore what the Highest Good is for Kant and the role it plays in a complete account of ethical life. We then focus on whether the Highest Good involves individuals only, or whether it also connects with Kant’s doctrines about the moral progress of the species. In conclusion, we look into (...) three ways of articulating the moral argument for God and immorality that take our commitment to the Highest Good as their point of departure. (shrink)

Otto Neurath’s empiricist methodology of economics and his contributions to politi- cal economy have gained increasing attention in recent years. We connect this research with contemporary debates regarding the epistemological status of thought experiments by reconstructing Neurath’s utopias as linchpins of thought experiments. In our three reconstructed examples of different uses of utopias/dystopias in thought experiments we employ a reformulation of Häggqvist’s model for thought experiments and we argue that: (1) Our reformulation of Häggqvist’s model more adequately complies with many (...) uses of thought experiments, especially with the open-ended discussions of utopias and dys- topias in thought experiments. (2) As a strict logical empiricist, Neurath is committed to a strictly empiricist account of thought experiments. John Norton’s empiricist argument view can indeed account for the justifications of empirical beliefs and genuine discoveries targeted by scientific utopianism in three distinct (yet connected) ways, all of which Neur- ath already contemplated: (2.I) Dealing with utopias and thought experiments on a regular basis increases creativity and inventiveness. (2.II) Particular ways of presenting knowl- edge facilitate scientific discovery and social progress. (2.III) The use of utopias in thought experiments can prompt conceptual change and allow access to new phenomena. We con- clude by highlighting that, even though thought experiments support a positive attitude for exploring new social possibilities, Neurath points out that active decisions are unavoidable. The exploration of alternatives and the awareness of a need for decisions in policy discus- sion avert a technocratic outlook in social science. (shrink)

The modern Everett interpretation of quantum mechanics describes an emergent multiverse. The goal of this paper is to provide a perspicuous characterisation of how the multiverse emerges making use of a recent account of (weak) ontological emergence. This will be cashed out with a case study that identifies decoherence as the mechanism for emergence. The greater metaphysical clarity enables the rebuttal of critiques due to Baker (2007) and Dawid and Th\'ebault (2015) that cast the emergent multiverse ontology as incoherent; responses (...) are also offered to challenges to the Everettian approach from Maudlin (2010) and Monton (2013). (shrink)

The notion of neutrosophic cubic set is originated from the hybridization of the concept of neutrosophic set and interval valued neutrosophic set. We define similarity measure for neutrosophic cubic sets and prove some of its basic properties. We present a new multi criteria group decision making method with linguistic variables in neutrosophic cubic set environment. Finally, we present a numerical example to demonstrate the usefulness and applicability of the proposed method.

The National Center for Biomedical Ontology is now in its seventh year. The goals of this National Center for Biomedical Computing are to: create and maintain a repository of biomedical ontologies and terminologies; build tools and web services to enable the use of ontologies and terminologies in clinical and translational research; educate their trainees and the scientific community broadly about biomedical ontology and ontology-based technology and best practices; and collaborate with a variety of groups who develop and use ontologies and (...) terminologies in biomedicine. The centerpiece of the National Center for Biomedical Ontology is a web-based resource known as BioPortal. BioPortal makes available for research in computationally useful forms more than 270 of the world's biomedical ontologies and terminologies, and supports a wide range of web services that enable investigators to use the ontologies to annotate and retrieve data, to generate value sets and special-purpose lexicons, and to perform advanced analytics on a wide range of biomedical data. (shrink)

We develop and defend a new approach to counterlogicals. Non-vacuous counterlogicals, we argue, fall within a broader class of counterfactuals known as counterconventionals. Existing semantics for counterconventionals, 459–482 ) and, 1–27 ) allow counterfactuals to shift the interpretation of predicates and relations. We extend these theories to counterlogicals by allowing counterfactuals to shift the interpretation of logical vocabulary. This yields an elegant semantics for counterlogicals that avoids problems with the usual impossible worlds semantics. We conclude by showing how this approach (...) can be extended to counterpossibles more generally. (shrink)

In this paper, we argue that a distinction ought to be drawn between two ways in which a given world might be logically impossible. First, a world w might be impossible because the laws that hold at w are different from those that hold at some other world (say the actual world). Second, a world w might be impossible because the laws of logic that hold in some world (say the actual world) are violated at w. We develop a novel (...) way of modelling logical possibility that makes room for both kinds of logical impossibility. Doing so has interesting implications for the relationship between logical possibility and other kinds of possibility (for example, metaphysical possibility) and implications for the necessity or contingency of the laws of logic. (shrink)

A counteridentical is a counterfactual with an identity statement in the antecedent. While counteridenticals generally seem non-trivial, most semantic theories for counterfactuals, when combined with the necessity of identity and distinctness, attribute vacuous truth conditions to such counterfactuals. In light of this, one could try to save the orthodox theories either by appealing to pragmatics or by denying that the antecedents of alleged counteridenticals really contain identity claims. Or one could reject the orthodox theory of counterfactuals in favor of a (...) hyperintensional semantics that accommodates non-trivial counterpossibles. In this paper, I argue that none of these approaches can account for all the peculiar features of counteridenticals. Instead, I propose a modified version of Lewis’s counterpart theory, which rejects the necessity of identity, and show that it can explain all the peculiar features of counteridenticals in a satisfactory way. I conclude by defending the plausibility of contingent identity from objections. (shrink)

This article argues that economic crises are incompatible with the realisation of non-domination in capitalist societies. The ineradicable risk that an economic crisis will occur undermines the robust security of the conditions of non-domination for all citizens, not only those who are harmed by a crisis. I begin by demonstrating that the unemployment caused by economic crises violates the egalitarian dimensions of freedom as non-domination. The lack of employment constitutes an exclusion from the social bases of self-respect, and from a (...) practice of mutual social contribution crucial to the intersubjective affirmation of one’s status. While this argument shows that republicans must be concerned about economic crises, I suggest a more powerful argument can be grounded in the republican requirement that freedom must be robust. The systemic risk of economic crisis constitutes a threat to the conditions of free citizenship that cannot be nullified using policy mechanisms. As a result, republicans appear to be faced with the choice of revising their commitments or rejecting the possibility that republican freedom can be robustly secured in capitalist societies. (shrink)

In chapter 3 of Wittgenstein on Rules and Private Language, Kripke’s Wittgenstein offers a “sceptical solution" to the sceptical paradox about meaning developed in chapter 2 (according to which there are no facts in virtue of which ascriptions of meaning such as “Jones means addition by ‘+’” can be true). Although many commentators have taken the sceptical solution to be broadly analogous to non-factualist theories in other domains, such as non-cognitivism or expressivism in metaethics, the nature of the sceptical solution (...) has not been well-understood. The main aim of this paper is to advance our understanding of the nature of the non-factualism about meaning proposed in the sceptical solution. It attempts to outline some desiderata that should be respected by interpretations of the sceptical solution and considers two objections raised against it in Barry Stroud’s paper “Wittgenstein on Meaning, Understanding and Community". It attempts to correct misconstruals of the sceptical solution that have been promulgated by Davidson and some of his followers and suggests that the sceptical solution developed by Kripke’s Wittgenstein is best viewed as a form of quasi-realism about meaning. It ends by outlining what it takes to be the most pressing challenges facing the sceptical solution. (shrink)

In this paper, we analyse how GPS-based navigation systems are transforming some of our intellectual virtues and then suggest two strategies to improve our practices regarding the use of such epistemic tools. We start by outlining the two main approaches in virtue epistemology, namely virtue reliabilism and virtue responsibilism. We then discuss how navigation systems can undermine five epistemic virtues, namely memory, perception, attention, intellectual autonomy, and intellectual carefulness. We end by considering two possible interlinked ways of trying to remedy (...) this situation: [i] redesigning the epistemic tool to improve the epistemic virtues of memory, perception, and attention; and [ii] the cultivation of cognitive diligence for wayfinding tasks scaffolding intellectual autonomy and carefulness. (shrink)

It is commonly claimed that the universality of critical phenomena is explained through particular applications of the renormalization group. This article has three aims: to clarify the structure of the explanation of universality, to discuss the physics of such RG explanations, and to examine the extent to which universality is thus explained. The derivation of critical exponents proceeds via a real-space or a field-theoretic approach to the RG. Building on work by Mainwood, this article argues that these approaches ought to (...) be distinguished: while the field-theoretic approach explains universality, the real-space approach fails to provide an adequate explanation. (shrink)

In 1937 Joan Robinson proposed that “when capitalism is rightly understood, the rate of interest will be set at zero and the major evils of capitalism will disappear”. A permanent zero rate would abolish capitalist profit except in limited cases, leaving nearly all output to be claimed by labour as wages. It would allow capital to be allocated on the basis of prospective social benefit rather than short-term profitability and a collateral basis that favours the wealthy. It would remove some (...) of the economic pressure to use resources unsustainably. So why not do this? I argue that the few available philosophical arguments for positive interest rates are unsatisfactory. Those who want a just and sustainable form of capitalism should target net zero for the interest rate. (shrink)

Hermeneutical injustice is being unjustly prevented from making sense of one’s experiences, identity, or circumstances and/or communicating about them. The literature focusses almost exclusively on whether people have access to adequate conceptual resources. In this paper, we discuss a different kind of hermeneutical struggle caused by stigma. We argue that in some cases of hermeneutic injustice people have access to hermeneutical resources apt to understand their identity but reject employing these due to the stigma attached to the identity. We begin (...) with a reinterpretation of one of the cases discussed in the literature, Edmund White’s novel A Boy’s Own Story. We argue that in this case hermeneutic resources are available but are rejected due to the stigma attached to homosexuality. We then present two analogous kinds of cases: alcohol addiction and being the victim of intimate partner violence. Here, too, hermeneutic injustice occurs because of stigma attached to an identity rather than unavailability of resources. We close by suggesting that these cases may, additionally, involve the wrong of Tightlacing: by meddling with their self-conception, stigma can manipulate individuals into a view of themselves that licenses inappropriate demands on them and makes them complicit in an erasure of their identities. (shrink)

Scientific realists don’t standardly discriminate between, say, biology and fundamental physics when deciding whether the evidence and explanatory power warrant the inclusion of new entities in our ontology. As such, scientific realists are committed to a lush rainforest of special science kinds (Ross, 2000). Viruses certainly inhabit this rainforest – their explanatory power is overwhelming – but viruses’ properties can be explained from the bottom up: reductive explanations involving amino acids are generally available. However, reduction has often been taken to (...) lead to a metaphysical downgrading, so how can viruses keep their place in the rainforest? In this paper, we show how the inhabitants of the rainforest can be inoculated against the eliminative threat of reduction: by demonstrating that they are emergent. According to our account, emergence involves a screening off condition as well as novelty. We go on to demonstrate that this account of emergence, which is compatible with theoretical reducibility, satisfies common intuitions concerning what should and shouldn’t count as real: viruses are emergent, as are trout and turkeys, but philosophically gerrymandered objects like trout-turkeys do not qualify. (shrink)

While it is a point of agreement in contemporary republican political theory that property ownership is closely connected to freedom as non-domination, surprisingly little work has been done to elucidate the nature of this connection or the constraints on property regimes that might be required as a result. In this paper, I provide a systematic model of the boundaries within which republican property systems must sit and explore some of the wider implications that thinking of property in these terms may (...) have for republicans. The boundaries I focus on relate to the distribution of property and the application of types of property claims over particular kinds of goods. I develop this model from those elements of non-domination most directly related to the operation of a property regime: (a) economic independence, (b) limiting material inequalities, and (c) the promotion of common goods. The limits that emerge from this analysis support intuitive judgments that animate much republican discussion of property distribution. My account diverges from much orthodox republican theory, though, in challenging the primacy of private property rights in the realization of economic independence. The value of property on republican terms can be realized without private ownership of the means of production. (shrink)

ABSTRACT It has become standard to conceive of metalinguistic disagreement as motivated by a form of negotiation, aimed at reaching consensus because of the practical consequences of using a word with one content rather than another. This paper presents an alternative motive for expressing and pursuing metalinguistic disagreement. In using words with given criteria, we betray our location amongst social categories or groups. Because of this, metalinguistic disagreement can be used as a stage upon which to perform a social identity. (...) The ways in which metalinguistic disagreements motivated in this way diverge in character from metalinguistic negotiations are described, as are several consequences of the existence of metalinguistic disagreements motivated in this way. (shrink)

Grounding and explanation are said to be intimately connected. Some even maintain that grounding just is a form of explanation. But grounding and explanation also seem importantly different—on the face of it, the former is ‘worldy’ or ‘objective’ while the latter isn’t. In this paper, we develop and respond to an argument to the effect that there is no way to fruitfully address this tension that retains orthodox views about grounding and explanation but doesn’t undermine a central piece of methodology, (...) namely that explanation is a guide to ground. (shrink)

Are the real numbers rich enough to measure intelligence? We generalize a result of Alexander and Hutter about the so-called Legg-Hutter intelligence measures of reinforcement learning agents. Using the generalized result, we exhibit a paradox: in one particular version of the Legg-Hutter intelligence measure, certain agents all have intelligence 0, even though in a certain sense some of them outperform others. We show that this paradox disappears if we vary the Legg-Hutter intelligence measure to be hyperreal-valued rather than real-valued.

In this paper, I will discuss what I will call “skeptical pragmatic invariantism” as a potential response to the intuitions we have about scenarios such as the so-called bank cases. SPI, very roughly, is a form of epistemic invariantism that says the following: The subject in the bank cases doesn’t know that the bank will be open. The knowledge ascription in the low standards case seems appropriate nevertheless because it has a true implicature. The goal of this paper is to (...) show that SPI is mistaken. In particular, I will show that SPI is incompatible with reasonable assumptions about how we are aware of the presence of implicatures. Such objections are not new, but extant formulations are wanting for reasons I will point out below. One may worry that refuting SPI is not a worthwhile project given that this view is an implausible minority position anyway. To respond, I will argue that, contrary to common opinion, other familiar objections to SPI fail and, thus, that SPI is a promising position to begin with. (shrink)

Lampert and Waldrop have recently presented a puzzle about moral responsibility and logical truth, in which they derive a contradiction from three apparently plausible principles: (A) no one is responsible for any logical truth; (B) if no one is responsible for something, then no one is responsible for what it strictly implies; and (C) someone is responsible for something. They argue that, in response, we must give up (B)—a principle that plays a key role in arguments for incompatibilism. In this (...) paper, I argue that this response is mistaken, and that the lesson to be drawn lies elsewhere. For the puzzle also rests on a conception of logical truth according to which there are contingent logical truths. And, given this conception, (A) is false—for reasons independent of (B). So the import here concerns, not a connection between responsibility and the debate over incompatibilism, but a connection between responsibility and the debate over the correct conception of logical truth: one can hold on to (A), or hold on to the relevant conception of logical truth, but not both. (shrink)

In this paper, I explore a fundamental but under-appreciated distinction between two ways of understanding the desire-satisfaction theory of well-being. According to proactive desire satisfactionism, a person is benefited by the acquisition of new satisfied desires. According to reactive desire satisfactionism, a person can be benefited only by the satisfaction of their existing desires. I first offer an overview of this distinction. I then canvass several ways of developing a general formulation of desire satisfactionism that would capture the reactive view, (...) and argue that all come with significant costs. (shrink)

Miller has recently argued that the standard liberal and moderate positions on abortion are incapable of grounding the claim that ‘all non-disabled adult humans are equal’. The reason, he claims, is such accounts base the intrinsic moral worth of a human being on some property (or set of properties) which comes in degrees. In contrast, he argues that moral equality must reside in some binary property, such as the property of being human. In this paper, I offer three criticisms of (...) Miller’s position. (shrink)

I develop an expressivist account of verbal disagreements as practical disagreements over how to use words rather than factual disagreements over what words actually mean. This account enjoys several advantages over others in the literature: it can be implemented in a neo-Stalnakerian possible worlds framework; it accounts for cases where speakers are undecided on how exactly to interpret an expression; it avoids appeals to fraught notions like subject matter, charitable interpretation, and joint-carving; and it naturally extends to an analysis of (...) metalinguistic negotiations. (shrink)