Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

Need considerations play an important role in empirically informed theories of distributive justice. We propose a concept of need-based justice that is related to social participation and provide an ethical measurement of need-based justice. The β-ε-index satisfies the need-principle, monotonicity, sensitivity, transfer and several »technical« axioms. A numerical example is given.

This seventh volume of Collected Papers includes 70 papers comprising 974 pages on (theoretic and applied) neutrosophics, written between 2013-2021 by the author alone or in collaboration with the following 122 co-authors from 22 countries: Mohamed Abdel-Basset, Abdel-Nasser Hussian, C. Alexander, Mumtaz Ali, Yaman Akbulut, Amir Abdullah, Amira S. Ashour, Assia Bakali, Kousik Bhattacharya, Kainat Bibi, R. N. Boyd, Ümit Budak, Lulu Cai, Cenap Özel, Chang Su Kim, Victor Christianto, Chunlai Du, Chunxin Bo, Rituparna Chutia, Cu Nguyen Giap, Dao (...) The Son, Vinayak Devvrat, Arindam Dey, Partha Pratim Dey, Fahad Alsharari, Feng Yongfei, S. Ganesan, Shivam Ghildiyal, Bibhas C. Giri, Masooma Raza Hashmi, Ahmed Refaat Hawas, Hoang Viet Long, Le Hoang Son, Hongbo Wang, Hongnian Yu, Mihaiela Iliescu, Saeid Jafari, Temitope Gbolahan Jaiyeola, Naeem Jan, R. Jeevitha, Jun Ye, Anup Khan, Madad Khan, Salma Khan, Ilanthenral Kandasamy, W.B. Vasantha Kandasamy, Darjan Karabašević, Kifayat Ullah, Kishore Kumar P.K., Sujit Kumar De, Prasun Kumar Nayak, Malayalan Lathamaheswari, Luong Thi Hong Lan, Anam Luqman, Luu Quoc Dat, Tahir Mahmood, Hafsa M. Malik, Nivetha Martin, Mai Mohamed, Parimala Mani, Mingcong Deng, Mohammed A. Al Shumrani, Mohammad Hamidi, Mohamed Talea, Kalyan Mondal, Muhammad Akram, Muhammad Gulistan, Farshid Mofidnakhaei, Muhammad Shoaib, Muhammad Riaz, Karthika Muthusamy, Nabeela Ishfaq, Deivanayagampillai Nagarajan, Sumera Naz, Nguyen Dinh Hoa, Nguyen Tho Thong, Nguyen Xuan Thao, Noor ul Amin, Dragan Pamučar, Gabrijela Popović, S. Krishna Prabha, Surapati Pramanik, Priya R, Qiaoyan Li, Yaser Saber, Said Broumi, Saima Anis, Saleem Abdullah, Ganeshsree Selvachandran, Abdulkadir Sengür, Seyed Ahmad Edalatpanah, Shahbaz Ali, Shahzaib Ashraf, Shouzhen Zeng, Shio Gai Quek, Shuangwu Zhu, Shumaiza, Sidra Sayed, Sohail Iqbal, Songtao Shao, Sundas Shahzadi, Dragiša Stanujkić, Željko Stević, Udhayakumar Ramalingam, Zunaira Rashid, Hossein Rashmanlou, Rajkumar Verma, Luige Vlădăreanu, Victor Vlădăreanu, Desmond Jun Yi Tey, Selçuk Topal, Naveed Yaqoob, Yanhui Guo, Yee Fei Gan, Yingcang Ma, Young Bae Jun, Yuping Lai, Hafiz Abdul Wahab, Wei Yang, Xiaohong Zhang, Edmundas Kazimieras Zavadskas, Lemnaouar Zedam. (shrink)

E. Husserl’s reflections in Logical Investigations on “intentional feelings” and “non-intentional feelings” are significant in both his later ethical explorations and M. Scheler’s thought on ethics. Through the incorporation of the views of Husserl and Scheler, we find that the phenomenology of the intentional feeling-acts is not only the foundation of the non-formal ethics of values in Scheler’s phenomenology, but also at least the constitutive foundation of the ethics of Husserl’s first orientation.

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)

Polger and Shapiro argue that their official recipe, a criterion for judging when the phenomenon of multiple realization exists, renders MR less widespread than its proponents have assumed. I argue that, although Polger and Shapiro’s criterion is a useful contribution, they arrive at their conclusion too hastily. Contrary to Polger and Shapiro, I claim that the phenomenon of multiple realization in the biological world, judged by their criterion, is not as scarce as they suggest. To show this, an updated official (...) recipe, namely a multiple mechanistic realization thesis, integrating Polger and Shapiro’s criterion with a compositional conception of realization, is developed. Then, three examples of varied kinds are examined, showing that cases of MR are not so hard to find in the biological world. (shrink)

This essay develops an inferential account of model explanation, based on Mauricio Suárez’s inferential conception of scientific representation and Alisa Bokulich’s counterfactual account of model explanation. It is suggested that the fact that a scientific model can explain is essentially linked to how a modeler uses an established model to make various inferences about the target system on the basis of results derived from the model. The inference practice is understood as a two-step activity, with the first step involving making (...) counterfactual statements about the model itself and the second step involving making hypothetical statements transferring over claims derived from the model onto the target. To illustrate how this two-step activity proceeds, an agent-based simulation model is discussed. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

This article argues for the explanatory autonomy of psychology drawing on cases from the multilevel modeling practice. This is done by considering a multilevel linear model in personality and social psychology, and discussing its philosophical implications for the reductionism debate in philosophy of psychology. I argue that this practice challenges the reductionist position in philosophy of psychology, and supports the explanatory autonomy of psychology.

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

Michael Weisberg’s account of scientific models concentrates on the ways in which models are similar to their targets. He intends not merely to explain what similarity consists in, but also to capture similarity judgments made by scientists. In order to scrutinize whether his account fulfills this goal, I outline one common way in which scientists judge whether a model is similar enough to its target, namely maximum likelihood estimation method. Then I consider whether Weisberg’s account could capture the judgments involved (...) in this practice. I argue that his account fails for three reasons. First, his account is simply too abstract to capture what is going on in MLE. Second, it implies an atomistic conception of similarity, while MLE operates in a holistic manner. Third, Weisberg’s atomistic conception of similarity can be traced back to a problematic set-theoretic approach to the structure of models. Finally, I tentatively suggest how these problems might be solved by a holistic approach in which models and targets are compared in a non-set-theoretic fashion. (shrink)

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (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)

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.

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)

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)

Plato’s nephew Speusippus has been widely accepted as the historical person behind the mask of the anti-hedonists in Phlb. 42b–44c. This hypothesis is supported by, inter alia, the link between Socrates’ char- acterization of them as δυσχερεῖς and the frequent references of δυσχέρεια as ἀπορία to Speusippus in Aristotle’s Metaphysics MN. This study argues against assigning any privileged status to Speusippus in the assimilation of δυσχέρεια with ἀπορία. Instead, based on a comprehensive survey of how δυσχερ- words were used in (...) classical antiquity, the semantic shift of δυσχέρεια can be explained in an alternative way. (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 prescriptive force of methodological rules rests, I argue, on the acceptance of scientific theories; that of the most general methodological rules rests on theories in the philosophy of science, which differ from theories in the several sciences only in generality and abstraction. I illustrate these claims by reference to methodological disputes in social science and among philosophers of science. My conclusions substantiate those of Laudan except that I argue for the existence of transtheoretical goals common to all scientists and (...) concrete enough actually to have bearing on methodology. And I argue that Laudan is committed to such goals himself, willy nilly. (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)

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)

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)

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

This is an introduction to the volume "Explanation Beyond Causation: Philosophical Perspectives on Non-Causal Explanations", edited by A. Reutlinger and J. Saatsi (OUP, forthcoming in 2017). -/- Explanations are very important to us in many contexts: in science, mathematics, philosophy, and also in everyday and juridical contexts. But what is an explanation? In the philosophical study of explanation, there is long-standing, influential tradition that links explanation intimately to causation: we often explain by providing accurate information about the causes of the (...) phenomenon to be explained. Such causal accounts have been the received view of the nature of explanation, particularly in philosophy of science, since the 1980s. However, philosophers have recently begun to break with this causal tradition by shifting their focus to kinds of explanation that do not turn on causal information. The increasing recognition of the importance of such non-causal explanations in the sciences and elsewhere raises pressing questions for philosophers of explanation. What is the nature of non-causal explanations - and which theory best captures it? How do non-causal explanations relate to causal ones? How are non-causal explanations in the sciences related to those in mathematics and metaphysics? This volume of new essays explores answers to these and other questions at the heart of contemporary philosophy of explanation. The essays address these questions from a variety of perspectives, including general accounts of non-causal and causal explanations, as well as a wide range of detailed case studies of non-causal explanations from the sciences, mathematics and metaphysics. (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)

Kant and Fichte developed the concept of a worldview as a way of reflecting on experience as a whole. But what does it mean to form a worldview? And what role did it play in the German Idealist tradition? This paper seeks to answer these questions through a detailed analysis of the form of a philosophical worldview and its historical portent, both of which remain unexplored in the literature. The dearth of attention is partially to blame on Kant’s desultory development (...) of it, as well as its place in Fichte’s understudied lectures on religion. In this paper, I first reconstruct Kant’s conception as the starting point and then trace it to Fichte who went on to evolve it further. Fichte endorses the basic conceptual shape pioneered by Kant, namely, a reflective process of positing an idea and then checking the coherence of necessary judgments relative to it. However, Fichte came to realize that its philosophical function needed expanding. Beyond recognizing the possibility for alternative worldviews, Fichte further fleshed out how worldview creation could lead to human flourishing. The common feature between both thinkers is that the formation of a worldview aims to turn philosophy into a life-orienting exercise. (shrink)

Fine is widely thought to have refuted the simple modal account of essence, which takes the essential properties of a thing to be those it cannot exist without exemplifying. Yet, a number of philosophers have suggested resuscitating the simple modal account by appealing to distinctions akin to the distinction Lewis draws between sparse and abundant properties, treating only those in the former class as candidates for essentiality. I argue that ‘sparse modalism’ succumbs to counterexamples similar to those originally posed by (...) Fine, and fails to capture paradigmatic instances of essence involving abundant properties and relations. (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)

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 paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

A common objection to the very idea of conceptual engineering is the topic continuity problem: whenever one tries to “reengineer” a concept, one only shifts attention away from one concept to another. Put differently, there is no such thing as conceptual revision: there’s only conceptual replacement. Here, I show that topic continuity is compatible with conceptual replacement. Whether the topic is preserved in an act of conceptual replacement simply depends on what is being replaced (a conceptual tool or a conceptual (...) role) and what the topic under discussion is. Thus, the topic continuity problem only arises from a failure to specify these two things. (shrink)

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)

The recent literature abounds with accounts of the semantics and pragmatics of so-called predicates of personal taste, i.e. predicates whose application is, in some sense or other, a subjective matter. Relativism and contextualism are the major types of theories. One crucial difference between these theories concerns how we should assess previous taste claims. Relativism predicts that we should assess them in the light of the taste standard governing the context of assessment. Contextualism predicts that we should assess them in the (...) light of the taste standard governing the context of use. We show in a range of experiments that neither prediction is correct. People have no clear preferences either way and which taste standard they choose in evaluating a previous taste claim crucially depends on whether they start out with a favorable attitude towards the object in question and then come to have an unfavorable attitude or vice versa. We suggest an account of the data in terms of what we call hybrid relativism. (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)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Effective quantum field theories are effective insofar as they apply within a prescribed range of length-scales, but within that range they predict and describe with extremely high accuracy and precision. The effectiveness of EFTs is explained by identifying the features—the scaling behaviour of the parameters—that lead to effectiveness. The explanation relies on distinguishing autonomy with respect to changes in microstates, from autonomy with respect to changes in microlaws, and relating these, respectively, to renormalizability and naturalness. It is claimed that the (...) effectiveness of EFTs is a consequence of each theory’s autonomyms rather than its autonomyml.1Introduction2Renormalizability2.1Explaining renormalizability3Naturalness3.1An unnatural but renormalizable theory4Two Kinds of Autonomy5The Effectiveness of Effective Quantum Field Theories6Conclusion. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

Near the end of 'Naming the Colours', Lewis (1997) makes an interesting claim about the relationship between linguistic and mental content; we are typically unable to read the content of a belief off the content of a sentence used to express that belief or vice versa. I call this view autonomism. I motivate and defend autonomism and discuss its importance in the philosophy of mind and language. In a nutshell, I argue that the different theoretical roles that mental and linguistic (...) content play suggest these kinds of content should be understood as sensitive to different things. (shrink)

Rational agents face choices, even when taking seriously the possibility of determinism. Rational agents also follow the advice of Causal Decision Theory (CDT). Although many take these claims to be well-motivated, there is growing pressure to reject one of them, as CDT seems to go badly wrong in some deterministic cases. We argue that deterministic cases do not undermine a counterfactual model of rational deliberation, which is characteristic of CDT. Rather, they force us to distinguish between counterfactuals that are relevant (...) and ones that are irrelevant for the purposes of deliberation. We incorporate this distinction into decision theory to develop ‘Selective Causal Decision Theory’, which delivers the correct recommendations in deterministic cases while respecting the key motivations behind CDT. (shrink)

Pattern-based reasons are reasons for action deriving not from the features of our own actions, but from the features of the larger patterns of action in which we might be participating. These reasons might relate to the patterns of action that will actually be carried out, or they might relate to merely hypothetical patterns. In past work, I have argued that accepting merely hypothetical pattern-based reasons, together with a plausible account of how to weigh these reasons, can lead to disastrous (...) consequences. However, in this article, I argue that this problem is not limited to hypothetical pattern-based reasons: it turns out that there are analogous issues for reasons deriving from actual patterns. I then suggest that we can avoid this problem by adopting a different account of the weight of pattern-based reasons. (shrink)

I like the view that the fundamental facts are logically simple, not complex. However, some universal generalizations and negations may appear fundamental, because they cannot be explained by logically simple facts about particulars. I explore a natural reply: those universal generalizations and negations are true because certain logically simple facts—call them —are the fundamental facts. I argue that this solution is only available given some metaphysical frameworks, some conceptions of metaphysical explanation and fundamentality. It requires a ‘fitting’ framework, according to (...) which metaphysical theories explain the aptness of representations in terms of how things are fundamentally. Fitting frameworks conceive of the fundamental facts as those that are metaphysically ‘real’; call them the ‘facts-in-reality’. Moreover, we must take as primary a plural notion of the facts-in-reality, not the singular notion of a fact-in-reality. By contrast, a metaphysics that grounds facts is incompatible with my strategy for keeping the fundamental facts logically simple. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (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)

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)