Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.

Brief reflections in prose and verse on the vital importance of linguistic diversity.

This article briefly addresses the following questions: Why should we study narrative? Does narrative have a basic overarching form or forms? How does framing drive narrative? How do concepts drive narrative? What can we do when we lack the necessary concepts for the narrative we need to tell? Are there basic storylines that repeat? Are there basic character types that we reuse? Can narrative drive the results of a Supreme Court case? Can narrative drive transactional practice? How does narrative's importance (...) underscore the importance of an education in the humanities? (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...) types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in common (...) with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains that (...) a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...) the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)

Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...) wrongly appear as simply given. Similarly, in the context of their redacted appellate cases, many current students may only see constraint in IRAC (Issue-Rule-Application-Conclusion) and other thought forms rather than the fastidious freedoms such forms both provide and create. -/- Overlooking such freedoms is not only misleading in itself. It also misses the need to study how such freedoms are and should be exercised. When facts are simply presented as “given” and strategic and other choices go unrecorded and unnoticed in redacted appellate opinions, no thorough analysis of these overlooked subjects can occur. This is extremely troubling since such overlooked subjects are at the very heart of the lawyer’s craft. -/- Attempting to remedy such Langdellian shortcomings, this article explores, among other things, five basic levels of thought and the framing choices in such levels of thought: references, issues, rules, application of rules, and conclusions. Though often merely taken as “given” in redacted appellate opinions, a good grasp of reference assures that parties are in fact talking about the same matter or matters (the “reference”). It also increases the likelihood of ascertaining and properly framing all the relevant “facts” in a manner reasonably and ethically consistent with a client’s real interests. Similarly, focusing on flexibility of issue framing both brings necessary focus on what is important in the reference and, to the extent reasonable and ethical, again increases the likelihood of frames most consistent with a client’s real interests. A good grasp of applicable rules and how to frame and apply them on its face increases the likelihood of representing a client well. A good grasp of conclusions and how to frame and hedge them also does the same. -/- Grasping the multilevel complexities in play at these multiple levels pushes us beyond briefing redacted appellate cases to the much more difficult and stimulating work of exploring and teaching good legal thought at all its levels. Legal writing professors are pioneers in this regard and others in the academy can learn much from them. -/- Keywords: RIRAC, IRAC, CREAC, Reference, Issue, Analysis, Rule, Application, Conclusion, Frame, Framing, Metaphor, Concept, Category, Legal Thought, Legal Analysis, Rhetoric, Langdell, Wordsworth, Form, Formalism, Sonnet, Text. (shrink)

This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...) meant these terms, this article shows how this example actually undermines Originalism when applied to on-going rules. It also explores inconsistencies and problems with several definitions of Originalism including Justice Scalia's arbitrary exclusion of technology from the constraints of "original meaning." It further disputes his claim that Originalism ". . .will narrow the range of acceptable judicial decision-making and acceptable argumentation [and that it] will curb -- even reverse -- the tendency of judges to imbue authoritative texts with their own policy preferences." This article maintains that Originalism has the opposite effect. -/- Keywords: originalism, original meaning, Scalia, interpretation, meaning. (shrink)

In 1753, the Berlin Academy announced that the focus of the prize essay contest of 1755 would be optimism, with entrants required (among other things) ‘to put forward arguments that will be thought most fitting to confirm or destroy this system’. In line with these instructions, entrants submitted essays that were either pro- or anti-optimism. This was to the dismay of one of the judges of the contest, André-Pierre Le Guay de Prémontval (1716–1764), who had, by his own admission, surreptitiously (...) attempted to influence the entrants by sketching out a ‘middle point’ between the polarized pro- and anti-optimist positions in a series of books published between 1754 and 1755, namely Thoughts on Freedom, The Diogenes of d’Alembert, and On Chance under the Rule of Providence. The aim of this essay is to elucidate and historically contextualize Prémontval’s highly original ‘middle point’, as outlined implicitly in the aforementioned books and much more explicitly in a series of essays published after the essay contest had concluded. (shrink)

After some generalities about connections between functions and relations in Sections 1 and 2 recalls the possibility of taking the semantic values of ‐ary Boolean connectives as ‐ary relations among truth‐values rather than as ‐ary truth functions. Section 3, the bulk of the paper, looks at correlates of these truth‐value relations as applied to formulas, and explores in a preliminary way how their properties are related to the properties of “logical relations” among formulas such as equivalence, implication (entailment) and contrariety (...) (logical incompatibility), concentrating for illustrative purposes on binary logical relations such as those just listed. To avoid an excess of footnotes, some points have been deferred to an Appendix as “Longer Notes”. (shrink)

New AI technologies have the potential to cause unintended harms in diverse domains including warfare, judicial sentencing, biomedicine and governance. One strategy for realising the benefits of AI whilst avoiding its potential dangers is to ensure that new AIs are properly ‘aligned’ with some form of ‘alignment target.’ One danger of this strategy is that – dependent on the alignment target chosen – our AIs might optimise for objectives that reflect the values only of a certain subset of society, and (...) that do not take into account alternative views about what constitutes desirable and safe behaviour for AI agents. In response to this problem, several AI ethicists have suggested alignment targets that are designed to be sensitive to widespread normative disagreement amongst the relevant stakeholders. Authors inspired by voting theory have suggested that AIs should be aligned with the verdicts of actual or simulated ‘moral parliaments’ whose members represent the normative views of the relevant stakeholders. Other authors inspired by decision theory and the philosophical literature on moral uncertainty have suggested that AIs should maximise socially expected choiceworthiness. In this paper, I argue that both of these proposals face several important problems. In particular, they fail to select attractive ‘compromise options’ in cases where such options are available. I go on to propose and defend an alternative, bargaining-theoretic alignment target, which avoids the problems associated with the voting- and decision-theoretic approaches. (shrink)

This paper is concerned with Leibniz’s Egypt Plan, written in 1671 and 1672, when Leibniz was in the service of the Elector of Mainz. One of the aims of this paper is to offer a more balanced and plausible reading of the religious benefits of war that Leibniz outlines in his Egypt plan.

A fresh translation and in-depth commentary of Leibniz's seminal text, the Monadology. -/- Written in 1714, the Monadology is widely considered to be the classic statement of Leibniz's mature philosophy. In the space of 90 numbered paragraphs, totalling little more than 6000 words, Leibniz outlines - and argues for - the core features of his philosophical system. Although rightly regarded as a masterpiece, it is also a very condensed work that generations of students have struggled to understand. -/- Lloyd (...) Strickland presents a new translation of the Monadology, alongside key parts of the Theodicy, and an in-depth, section-by-section commentary that explains in detail not just what Leibniz is saying in the text but also why he says it. The sharp focus on the various arguments and other justifications Leibniz puts forward makes possible a deeper and more sympathetic understanding of his doctrines. (shrink)

I propose a distinct type of robustness, which I suggest can support a confirmatory role in scientific reasoning, contrary to the usual philosophical claims. In model robustness, repeated production of the empirically successful model prediction or retrodiction against a background of independentlysupported and varying model constructions, within a group of models containing a shared causal factor, may suggest how confident we can be in the causal factor and predictions/retrodictions, especially once supported by a variety of evidence framework. I present climate (...) models of greenhouse gas global warming of the 20th Century as an example, and emphasize climate scientists’ discussions of robust models and causal aspects. The account is intended as applicable to a broad array of sciences that use complex modeling techniques. (shrink)

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

Recent philosophical attention to climate models has highlighted their weaknesses and uncertainties. Here I address the ways that models gain support through observational data. I review examples of model fit, variety of evidence, and independent support for aspects of the models, contrasting my analysis with that of other philosophers. I also investigate model robustness, which often emerges when comparing climate models simulating the same time period or set of conditions. Starting from Michael Weisberg’s analysis of robustness, I conclude that his (...) approach involves a version of reasoning from variety of evidence, enabling this robustness to be a confirmatory virtue.. (shrink)

Leibniz’s lengthy theological treatise, Examen religionis christianae, has long puzzled scholars. Although a lifelong Lutheran who spurned many attempts to convert him to Catholicism, in the Examen Leibniz defends the Catholic position on a range of matters of controversy, from justification of the sinner to transubstantiation, from veneration of images to communion under both kinds. Inevitably, when finally published in 1819, the Examen quickly became the focus of a heated and sometimes ill-tempered debate about Leibniz’s true religious commitments. For many, (...) what was at stake was not simply the interpretation of a particular text but the very soul of Leibniz, that universal genius and ornament of Europe. The aim of this paper is to chart the various ways in which the earliest readers of the Examen responded to the text and sought to understand it. Such a study will enable us not only to see the varying and quite contrasting interpretations put forward for Leibniz’s motive for writing the Examen, some of which inform contemporary interpretations, but also give us the opportunity to take a deeper look at certain features of the text and the context in which it was written. (shrink)

Resolving to finish reading a novel, staying true to your punk style, or dedicating your life to an artistic project: these are examples of aesthetic commitments. I develop an account of the nature of such commitments, and I argue that they are significant insofar as they help us manage the temporally extended nature of our aesthetic agency and our relationships with aesthetic objects. At the same time, focusing on aesthetic commitments can give us a better grasp on the nature of (...) aesthetic normativity; this is because, in making aesthetic commitments, we are capable of giving aesthetic concerns the weight of obligation. I argue that appealing to aesthetic commitments allows us to account for the existence of aesthetic obligations as well as their grounding. I conclude by arguing that, although the aesthetic domain is a domain of play and freedom of choice, there is nevertheless an important place in it for both aesthetic commitments and the aesthetic obligations they generate. (shrink)

This chapter examines the pioneering work of Gottfried Wilhelm Leibniz (1646-1716) on various number systems, in particular binary, which he independently invented in the mid-to-late 1670s, and hexadecimal, which he invented in 1679. The chapter begins with the oft-debated question of who may have influenced Leibniz’s invention of binary, though as none of the proposed candidates is plausible I suggest a different hypothesis, that Leibniz initially developed binary notation as a tool to assist his investigations in mathematical problems that were (...) exercising him at the time, namely those concerning the divisibility of composite numbers, primality, and perfect numbers. The chapter then explores Leibniz’s development of binary, his little-known work on binary fractions and expansions, his use of binary as a symbol for creation in his philosophical-theology, and his response to the suggestion that there was a correlation between binary numeration and the hexagrams of the ancient Chinese divinatory text, the Yijing. The chapter then focuses on Leibniz’s work on other number systems, in particular his invention and exploration of hexadecimal as well as his work on duodecimal. The chapter concludes by revealing a hitherto unknown practical application of binary that Leibniz devised in the last year of his life. (shrink)

The present discussion takes up an issue raised in Section 5 of Ross Brady and Penelope Rush’s paper ‘Four Basic Logical Issues’ concerning the (claimed) triviality – in the sense of automatic availability – of soundness and completeness results for a logic in a metalanguage employing at least as much logical vocabulary as the object logic, where the metalogical behaviour of the common logical vocabulary is as in the object logic. We shall see – in Propositions 4.5–4.7 – that this (...) triviality claim faces difficulties in the face of Halldén incompleteness, for essentially the same reasons that Halldén thought this phenomenon raised seman- tic difficulties for the modal logics of C. I. Lewis exhibiting it. To counter any inclination to dismiss the phenomenon as providing at best a marginal range of counterexamples to the triviality claim, a Postscript assembles some reminders of the extent of – and the varied considerations favouring – Halldén incompleteness. (shrink)

The article recalls Dr. B. R. Ambedkar's critique of sacred narratives and liberatory practices to let the reader to get a taste of how philosophy can play out on the political level in the society.

The first collection of Leibniz's key writings on the binary system, newly translated, with many previously unpublished in any language. -/- The polymath Gottfried Wilhelm Leibniz (1646–1716) is known for his independent invention of the calculus in 1675. Another major—although less studied—mathematical contribution by Leibniz is his invention of binary arithmetic, the representational basis for today's digital computing. This book offers the first collection of Leibniz's most important writings on the binary system, all newly translated by the authors with many (...) previously unpublished in any language. Taken together, these thirty-two texts tell the story of binary as Leibniz conceived it, from his first youthful writings on the subject to the mature development and publication of the binary system. -/- As befits a scholarly edition, Strickland and Lewis have not only returned to Leibniz's original manuscripts in preparing their translations, but also provided full critical apparatus. In addition to extensive annotations, each text is accompanied by a detailed introductory “headnote” that explains the context and content. Additional mathematical commentaries offer readers deep dives into Leibniz's mathematical thinking. The texts are prefaced by a lengthy and detailed introductory essay, in which Strickland and Lewis trace Leibniz's development of binary, place it in its historical context, and chart its posthumous influence, most notably on shaping our own computer age. (shrink)

Empathy is a topic of continuous debate in the nursing literature. Many argue that empathy is indispensable to effective nursing practice. Yet others argue that nurses should rather rely on sympathy, compassion, or consolation. However, a more troubling disagreement underlies these debates: There’s no consensus on how to define empathy. This lack of consensus is the primary obstacle to a constructive debate over the role and import of empathy in nursing practice. The solution to this problem seems obvious: Nurses need (...) to reach a consensus on the meaning and definition of empathy. But this is easier said than done. Concept analyses, for instance, reveal a profound ambiguity and heterogeneity of the concept of empathy across the nursing literature. Since the term “empathy” is used to refer to a range of perceptual, cognitive, emotional, and behavioral phenomena, the presence of a conceptual ambiguity and heterogeneity is hardly surprising. Our proposal is simple. To move forward, we need to return to the basics. We should develop the concept from the ground up. That is, we should begin by identifying and describing the most fundamental form of empathic experience. Once we identify the most fundamental form of empathy, we will be able to distinguish among the more derivative experiences and behaviors that are addressed by the same name and, ideally, determine the place of these phenomena in the field of nursing. The aim of this article is, consequently, to lay the groundwork for a more coherent concept of empathy and thereby for a more fruitful debate over the role of empathy in nursing. In Part 1, we outline the history of the concept of empathy within nursing, explain why nurses are sometimes warry of adapting concepts from other disciplines, and argue that nurses should distinguish between adapting concepts from applied disciplines and from more theoretical disciplines. In Part 2, we show that the distinction between emotional and cognitive empathy—borrowed from theoretical psychology—has been a major factor in nurses’ negative attitudes toward emotional empathy. We argue, however, that both concepts fail to capture the most fundamental form of empathy. In Part 3, we draw on and present some of the seminal studies of empathy that can be found in the work of phenomenological philosophers including Max Scheler, Edmund Husserl, and Edith Stein. In Part 4, we outline how their understanding of empathy may facilitate current debates about empathy’s role in nursing. (shrink)

We discuss conditions under which the following ‘truism’ does indeed express a truth: the weaker a logic is in terms of what it proves, the stronger it is as a tool for registering distinctions amongst the formulas in its language.

Most recent discussions of reasons in art criticism focus on reasons that justify beliefs about the value of artworks. Reviving a long-neglected suggestion from Paul Ziff, I argue that we should focus instead on art-critical reasons that justify actions—namely, particular ways of engaging with artworks. I argue that a focus on practical rather than theoretical reasons yields an understanding of criticism that better fits with our intuitions about the value of reading art criticism, and which makes room for a nuanced (...) distinction between criticism that aims at universality and criticism that is resolutely personal. (shrink)

My contribution to this Symposium focuses on the links between sexuality and reproduction from the evolutionary point of view.' The relation between women's sexuality and reproduction is particularly importantb ecause of a vital intersectionb etweenp olitics and biology feminists have noticed, for more than a century, that women's identity is often defined in terms of her reproductive capacity. More recently, in the second wave of the feminist movement in the United States, debates about women'si dentityh ave explicitlyi ncludeds exuality;m uch (...) feminist argument in the late 1960's and early 1970's involved an attempt to separate out an autonomous female sexuality from women's reproductive functions. It is especially relevant, then, to examine biological arguments, particularlye volutionarya rgumentst, o see what they say about whether and how women's sexuality is related to reproduction. We shall find that many evolutionarya rgumentss eem to supportt he direct linkingo f female sexualitya nd reproductionY. et I will argue that this supporti s not well-groundedI. n fact, I think evolutionarye xplanationso f female sexuality exemplify how social beliefs and social agendas can influence very basic biological explanations of fundamental physiological processes. In this paper, I shall spend some time spelling out a few examples in which assumptions about the close link between reproduction and sexuality yield misleading results, then I shall conclude with a discussion of the consequences of this case study for issues in the philosophy of science. (shrink)

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this account, all bare plurals (...) fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

Climate change assessments rely upon scenarios of socioeconomic developments to conceptualize alternative outcomes for global greenhouse gas emissions. These are used in conjunction with climate models to make projections of future climate. Specifically, the estimations of greenhouse gas emissions based on socioeconomic scenarios constrain climate models in their outcomes of temperatures, precipitation, etc. Traditionally, the fundamental logic of the socioeconomic scenarios—that is, the logic that makes them plausible—is developed and prioritized using methods that are very subjective. This introduces a fundamental (...) challenge for climate change assessment: The veracity of projections of future climate currently rests on subjective ground. We elaborate on these subjective aspects of scenarios in climate change research. We then consider an alternative method for developing scenarios, a systems dynamics approach called ‘Cross-Impact Balance’ (CIB) analysis. We discuss notions of ‘objective’ and ‘objectivity’ as criteria for distinguishing appropriate scenario methods for climate change research. We distinguish seven distinct meanings of ‘objective,’ and demonstrate that CIB analysis is more objective than traditional subjective approaches. However, we also consider criticisms concerning which of the seven meanings of ‘objective’ are appropriate for scenario work. Finally, we arrive at conclusions regarding which meanings of ‘objective’ and ‘objectivity’ are relevant for climate change research. Because scientific assessments uncover knowledge relevant to the responses of a real, independently existing climate system, this requires scenario methodologies employed in such studies to also uphold the seven meanings of ‘objective’ and ‘objectivity.’. (shrink)

A review of Anthony Appiah's Experiments in Ethics.

If emotion is not an arbitrary compilation of fixed types of (descriptive, conceptual, conative, prescriptive) content, nor a state that can be reduced to other types of pre-existing (perceptual, cognitive, behavioral) states, then what sort of thing is it really? Tom Cochrane has proposed that emotions are valent representations of situated concerns. Valent representation is a type of mental content whose function is to detect the presence or absence of certain conditions; what makes that type of content valent is that (...) without needing the mediation of any other state, a response is triggered that is disposed to increase or decrease the presence of the condition represented. I raise doubts about the plausibility of that account in light of recent work in philosophy of biology and philosophy of mind. (shrink)

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

An attractive form of social stability is realized when the members of a well-ordered society give that society’s organizing principles their free and reflective endorsement. However, many political philosophers are skeptical that there is any requirement to show that their principles would engender this kind of stability. This skepticism is at the root of a number of objections to political liberalism, since arguments for political liberalism often appeal to its ability to be stable in this way. The aim of this (...) paper is to address skepticism about the stability condition by putting forward a novel defense of it. My defense builds on the claim that stable principles are necessary to secure the full autonomy of those who live under them. (shrink)

In this essay I address the question, “What is the subject matter of phenomenological research?” I argue that in spite of the increasing popularity of phenomenology, the answers to this question have been brief and cursory. As a result, contemporary phenomenologists lack a clear framework within which to articulate the aims and results of their research, and cannot easily engage each other in constructive and critical discourse. Examining the literature on phenomenology’s identity, I show how the question of phenomenology’s subject (...) matter has been systematically neglected. It has been overshadowed by an unending concern with phenomenology’s methodological identity. However, an examination of recent contributions to this literature reveals that a concern with articulating phenomenology’s subject matter has gradually increased, although such articulations remain preliminary. In light of this, I delineate, define, and illustrate three layers of phenomenological research, which I term “existentials,” “modes,” and “prejudices.” While the delineation of these layers is drawn primarily from classical phenomenological texts, they are defined and illustrated through the use of more contemporary literature. Following the articulation of this subject matter, I briefly consider some of the debates—both foundational and applied—that can be facilitated by the adoption of this framework. (shrink)

The focus of this paper is a suite of Latin papers from 1685, some of which are still unpublished, in which Leibniz writes in the guise of a Catholic in order to defend Catholicism and counter Protestant objections, and this despite him being a lifelong Lutheran. After providing an overview of these writings (which I refer to as Leibniz’s “Catholic” writings) and the grounds for dating them to May–June 1685, I consider their purpose, arguing against the claim that they were (...) intended to support Church reunion and suggesting instead that they were apologetic in nature, intended as a reactivation or reimagining of Leibniz’s earlier “Catholic Demonstrations” project. I identify the patron Leibniz had in mind for these writings as Landgrave Ernst von Hessen-Rheinfels and support this by a detailed comparison of the “Catholic” writings with the Leibniz-Landgrave correspondence and the Landgrave’s still-unpublished essays. This reveals that the Protestant arguments Leibniz uses in the “Catholic” writings are the very ones that he himself used when writing to the Landgrave, and that the responses Leibniz gives to these arguments are the very ones that the Landgrave used. I also consider the context of the writings, suggesting they were crafted during a period of personal uncertainty for Leibniz and possibly aimed at securing a position under the Landgrave. (shrink)

One of the more exotic and mysterious features of Leibniz’s later philosophical writings is the harmony between the kingdom of nature and the kingdom of grace. In this paper I show that this harmony is not a single doctrine, but rather a compilation of two doctrines, namely (1) that the order of nature makes possible the rewards and punishments of rational souls, and (2) that the rewards and punishments of rational souls are administered naturally. I argue that the harmony is (...) best considered as Leibniz’s distinctive collation, development, and rebranding of these doctrines, which were not themselves unique to Leibniz, nor uncommon in the seventeenth century. There follows a detailed examination of various concrete examples of the harmony in operation, from which I show that it is essentially the culmination of Leibniz’s lifelong thinking about divine justice. (shrink)

This paper has three main goals. First, to motivate a puzzle about how ignorance-expressing terms like maybe and if interact: they iterate, and when they do they exhibit scopelessness. Second, to argue that there is an ambiguity in our theoretical toolbox, and that exposing that opens the door to a solution to the puzzle. And third, to explore the reach of that solution. Along the way, the paper highlights a number of pleasing properties of two elegant semantic theories, explores some (...) meta-theoretic properties of dynamic notions of meaning, dips its toe into some hazardous waters, and offers characterization theorems for the space of meanings an indicative conditional can have. (shrink)

Two lines of evidence indicate that there exists a reciprocal inhibitory relationship between opposed brain networks. First, most attention-demanding cognitive tasks activate a stereotypical set of brain areas, known as the task-positive network and simultaneously deactivate a different set of brain regions, commonly referred to as the task negative or defaultmode network. Second, functional connectivity analyses show that these same opposed networks are anti-correlated in the resting state. Wehypothesize that these reciprocally inhibitory effects reflect two incompatible cognitive modes, each of (...) which may be directed towards understanding the external world. Thus, engaging onemode activates one set of regions and suppresses activity in the other.Wetest this hypothesis by identifying two types of problem-solving task which, on the basis of prior work, have been consistently associated with the task positive and task negative regions: tasks requiring social cognition, i.e., reasoning about the mental states of other persons, and tasks requiring physical cognition, i.e., reasoning about the causal/mechanical properties of inanimate objects. Social and mechanical reasoning tasks were presented to neurologically normal participants during fMRI. Each task type was presented using both text and video clips. Regardless of presentation modality, we observed clear evidence of reciprocal suppression: social tasks deactivated regions associated with mechanical reasoning and mechanical tasks deactivated regions associated with social reasoning. These findings are not explained by self-referential processes, task engagement, mental simulation,mental time travel or external vs. internal attention, all factors previously hypothesized to explain default mode network activity. Analyses of resting state data revealed a close match between the regions our tasks identified as reciprocally inhibitory and regions of maximal anti-correlation in the resting state. These results indicate the reciprocal inhibition is not attributable to constraints inherent in the tasks, but is neural in origin. Hence, there is a physiological constraint on our ability to simultaneously engage two distinct cognitive modes. Furtherwork is needed tomore precisely characterize these opposing cognitive domains. (shrink)