This article examines the prisoner's dilemma paradox and argues that confessing is the rational choice, despite this probably entailing a less-than-ideal outcome.

Gender is both indeterminate and multifaceted: many individuals do not fit neatly into accepted gender categories, and a vast number of characteristics are relevant to determining a person's gender. This article demonstrates how these two features, taken together, enable gender to be modeled as a multidimensional sorites paradox. After discussing the diverse terminology used to describe gender, I extend Helen Daly's research into sex classifications in the Olympics and show how varying testosterone levels can be represented using a sorites argument. (...) The most appropriate way of addressing the paradox that results, I propose, is to employ fuzzy logic. I then move beyond physiological characteristics and consider how gender portrayals in reality television shows align with Judith Butler's notion of performativity, thereby revealing gender to be composed of numerous criteria. Following this, I explore how various elements of gender can each be modeled as individual sorites paradoxes such that the overall concept forms a multidimensional paradox. Resolving this dilemma through fuzzy logic provides a novel framework for interpreting gender membership. (shrink)

In The Hobbit, J. R. R. Tolkien constructs middle-aged Bilbo Baggins as a sheltered and emotionally immature ‘child’ during the opening chapters before tracing his development into an autonomous, self-aware adult as the tale progresses. This article examines Tolkien’s novel qua bildungsroman through both a literary lens—considering setting, dialogue, and symbolism, among other techniques—and via a psychological framework, emphasizing an Eriksonian conception of development. Additionally, Peter Jackson’s three-part film adaptation of The Hobbit is discussed throughout with ways that Jackson succeeds (...) and fails at portraying Bilbo’s childlike attributes noted. I argue that Tolkien presents a sophisticated account of Bilbo’s childish persona growing into a mature adult worldview, and that Jackson appropriately reflects much, though not all, of this development in his films. (shrink)

Here, we outline UPJA’s recent developments and the contents of Volume 2, Issue 2.

Disparities in educational outcomes between Māori and non-Māori students remain a pressing concern in New Zealand. Recent policy documents framed through notions of 'effectiveness' champion culturally responsive pedagogies (CRPs) to address the achievement gap in mainstream secondary schools. Here, I interrogate this claim through close analysis of the Te Kotahitanga project led by Russell Bishop which, despite extensive government support, including a $42 million investment to restart the initiative, has limited conceptual and empirical grounding. I then consider broader understandings of (...) effectiveness that might better capture the benefits of CRPs but argue, drawing on social realist criticism, that some practices may paradoxically lead to poorer educational experiences for many Māori students by restricting access to disciplinary knowledge. I conclude that CRPs have variable effectiveness and are unlikely – on their own, at least – to greatly improve educational outcomes for Māori. (shrink)

Curriculum integration is frequently promoted as a means of enabling deeper and more authentic learning, with Mathematics often considered a suitable subject for doing so. This review investigates which elements contribute to the effectiveness of Mathematics integration in secondary education. Teacher factors include attitudes towards integrative practices and knowledge of both disciplinary content and curriculum integration theory. Pedagogy factors concern utilising activities that best synthesise concepts from multiple subjects to enhance learning, especially projects. Institutional factors relate to curriculum and assessment (...) requirements as well as school-level variables such as access to planning time and professional development. Limitations in the research literature include a narrow focus on connecting Mathematics with scientific disciplines, a reliance on qualitative methods and small sample sizes, and unknown generalisability to education systems other than those in which studies were conducted. Even so, attempting to navigate the factors involved in effective curriculum integration with Mathematics appears worthwhile. (shrink)

Since W. B. Gallie introduced the notion of essentially contested concepts (ECCs) in 1956, social science scholars have increasingly used his framework to analyze key concepts drawing “endless disputes” from contestant users. Despite its merits, the ECC framework has been limited by a neglect of social, cultural, and political contexts, the invisibility of actors, and its ahistorical character. To understand how ECCs evolve and change over time, I use a conceptual history approach to study the concept of philanthropy, recently labeled (...) as an ECC. Using France during classical modernity as a case study, I analyze key events and actors from the concept’s inception in 1712 as a virtue of the Enlightenment to its triumph after 1789 as a secular alternative to Catholic charity, until its decline at the end of the nineteenth century as a new consensus emerged around the concept of solidarity. By introducing the notion of historically contested concepts, I make several contributions to research on ECCs, conceptual contestation, and conceptual change. (shrink)

This book presents Robert S. Hartman’s formal theory of value and critically examines many other twentieth century value theorists in its light, including A.J. Ayer, Kurt Baier, Brand Blanshard, Paul Edwards, Albert Einstein, William K. Frankena, R.M. Hare, Nicolai Hartmann, Martin Heidegger, G.E. Moore, P.H. Nowell-Smith, Jose Ortega y Gasset, Charles Stevenson, Paul W. Taylor, Stephen E. Toulmin, and J.O. Urmson.

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...) by explicitly proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This book collects and focuses recent writings of Arthur Schlesinger on the themes of its title. In its short Foreword and seven concise essays, the book aims to explore, in some contrast with the genre of “instant history,” the relationship between President George W. Bush’s Iraq adventure and the national past. This aim and the present work are deserving of wide attention, both because of the contemporary need to deal with the extended war in Iraq and because Americans, in (...) particular, need to attend to their own history, if we are to avoid past mistakes and make the best use of our ongoing political traditions and institutions. In order to know better where we might go in the future, we need an adequate picture of where we have been in the past. Schlesinger invites us to debate the war, the Presidency, and their relation to the American past. (shrink)

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (shrink)

To escape from the labyrinth of the continuum, Leibniz maintains, we must think very differently about the nature of space, time, bodies, and substances; and in particular we must posit an infinity of simple substances or monads. The main aim of this historically rich and interpretively provocative book is to explain why Leibniz says such things by examining his purported solution and how he arrived at it. Each of the book’s seven chapters focuses on a different “Ariadnean thread” that supposedly (...) helped Leibniz find his way out of the labyrinth. They concern the themes of “composition, aggregation, atoms, forms, motion, substance, and continuation in existence” (6). (shrink)

I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.

The foundational principles of representative democracy are under attack globally. What we desperately need are enlightened and persuasive public intellectuals who can help us see through the fog of our fear, anger, and disillusionment, to find our rational political commitments again. One of these public intellectuals is undoubtedly Yuval Noah Harari, the bestselling author of three recent books – Sapiens, Homo Deus, and 21 Lessons for the 21st Century. Harari is also a frequent contributor in the popular press, and a (...) guest on shows, podcasts, panels, and as a keynote speaker. Add to all this that Harari is acting on his lofty academic ideals through ‘Sapienship’, a multidisciplinary organization he cofounded that advocates for global responsibility, clarifies the global conversation, and focuses attention on the most important global challenges. I single out Harari because I presume many readers will be familiar with his work. He is certainly one of the fastest rising stars of public intellectualism. Unfortunately, his work is undercut by the philosophical positions he put forth in his first bestselling book, Sapiens. In this review/critique I wish to show that in order for Harari advance a coherent political or ideological argument, he must first shore up his philosophical commitments. (shrink)

ABSTRACT:Organismal superposition holds that the same individual both is and is not an organism, as a consequence of organismal pluralism. When coupled with the assumption that death is the cessation of an organism, this entails that there is no unique answer as to whether brain death is biological death. This essay argues that concerns about organismal pluralism and superposition do not undermine a theory of biological death, nor entail any metaphysical indeterminacy about the biological vital status of a brain-dead individual.

In “A Tension in the Strong Program: The Relation between the Rational and the Social”, Shahram Shahryari (2021) advances the following thesis: In his Strong Program in the sociology of science, David Bloor blames traditional philosophy of science for adopting a dualist strategy in explaining scientific developments, as it employs rational explanation for successful science and social explanation for flawed science. Instead, according to Bloor, all scientific developments should be explained monistically, i.e. in terms of social causes. This is also (...) referred to as the Symmetry Principle, and it is a key tenet in the Strong Program. The author detects a tension here, as Bloor apparently asserts that traditional philosophy of science deploys two kinds of explanation, and simultaneously insists that there is only one kind, i.e. social explanation. (shrink)

A plausible thought about vagueness is that it involves semantic incompleteness. To say that a predicate is vague is to say (at the very least) that its extension is incompletely specified. Where there is incomplete specification of extension there is indeterminacy, an indeterminacy between various ways in which the specification of the predicate might be completed or sharpened. In this paper we show that this idea is bound to founder by presenting an argument to the effect that there are vague (...) predicates which cannot be sharpened in such a way as to meet certain basic constraints (of penumbral connection and public accessibility) that must be imposed on the very notion of a sharpening. (shrink)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

In this paper, new evidence is presented for the assumption that the reason-relation reading of indicative conditionals ('if A, then C') reflects a conventional implicature. In four experiments, it is investigated whether relevance effects found for the probability assessment of indicative conditionals (Skovgaard-Olsen, Singmann, and Klauer, 2016a) can be classified as being produced by a) a conversational implicature, b) a (probabilistic) presupposition failure, or c) a conventional implicature. After considering several alternative hypotheses and the accumulating evidence from other studies as (...) well, we conclude that the evidence is most consistent with the Relevance Effect being the outcome of a conventional implicature. This finding indicates that the reason-relation reading is part of the semantic content of indicative conditionals, albeit not part of their primary truth-conditional content. (shrink)

Some cognitive processes appear to have “phenomenal” properties that are directly revealed to the subject and not determined by physical properties. I suggest that the source of this appearance is the method by which our brain processes sensory information. The appearance is an illusion. Nonetheless, we are not mistaken when we judge that people sometimes fee lpain.

Unreproducibility stemming from a loss of data integrity can be prevented with hash functions, secure sketches, and Benford's Law when combined with the historical practice of a Pli Cacheté where scientific discoveries were archived with a 3rd party to later prove the date of discovery. Including the distinct systems of preregistation and data provenance tracking becomes the starting point for the creation of a complete ontology of scientific documentation. The ultimate goals in such a system--ideally mandated--would rule out several forms (...) of dishonesty, catch computational and database errors, catch honest mistakes, and allow for automated data audits of large collaborative open science projects. (shrink)

Nudging works through dispositions to decide with specific heuristics, and has three component parts. A nudge is a feature of an environment that enables such a disposition; a person is nudged when such a disposition is triggered; and a person performs a nudged action when such a disposition manifests in action. This analysis clarifies an autonomy-based worry about nudging as used in public policy or for private profit: that a person’s ability to reason well is undermined when she is nudged. (...) Reasoning well is a component of self-guidance, which is an aspect of autonomy and so something there is reason to promote, preserve, or respect. However, a person can reason well when she is nudged: Many of these heuristics are good rules to reason with, and she can be flexible with respect to them when she takes there to be a better way to reason. Along the way, this paper uncovers several design specifications for responsible nudging, and discusses open empirical questions. However, nudging’s being compatible with reasoning well crystallizes a distinct worry about manipulation: that nudge designers can rely on nudged people guiding themselves toward the designers’ own ends. Manipulation of this sort exploits one aspect of autonomy (namely, self-guidance) to undermine autonomy in other respects. (shrink)

Throughout Alexandre Herculano’s historical oeuvre claims of impartiality are mingled with the partiality of the beliefs, ideals, and interests that give shape to the author’s point of view. One can trace in it both the commitment to the disinterested search for truth and the pragmatic intention to remodel the relations of Portuguese society with its past and with the effects of this past on the present. This text revisits Herculano’s major historical writings with the aim of understanding how it is (...) possible for historical texts to be or claim to be at the same time true and useful, objective and engaged, impartial and partial. I intend to show that those oppositions not necessarily entail paralyzing contradictions, and that good historians such as Herculano are usually capable of drawing from them a great amount of intellectual energy. Focusing on the tension between impartiality and partiality, and supported by close readings and contextual analyses, I will try to demonstrate that such tension configures itself in at least two different modes, which in turn depend on the positive or negative significance the studied past turns out to have for the person who studies it. (shrink)

Within contemporary philosophy of mind, it is taken for granted that externalist accounts of meaning and mental content are, in principle, orthogonal to the matter of whether cognition itself is bound within the biological brain or whether it can constitutively include parts of the world. Accordingly, Clark and Chalmers (1998) distinguish these varieties of externalism as ‘passive’ and ‘active’ respectively. The aim here is to suggest that we should resist the received way of thinking about these dividing lines. With reference (...) to Brandom’s (1994; 2000; 2008) broad semantic inferentialism, we show that a theory of meaning can be at the same time a variety of active externalism. While we grant that supporters of other varieties of content externalism (e.g., Putnam 1975 and Burge 1986) can deny active externalism, this is not an option for semantic inferentialists: On this latter view, the role of the environment (both in its social and natural form) is not ‘passive’ in the sense assumed by the alternative approaches to content externalism. (shrink)

Many have begun to despair that climate justice will prevail even in a minimal form. The affective dimensions of such despair, we suggest, threaten to make climate action appear too demanding. Thus, despair constitutes a moral challenge to individual climate action that has not yet received adequate attention. In response, we defend a duty to act in hope for a more just (climate) future. However, as we see it, this duty falls differentially upon the shoulders of more and less advantaged (...) agents in society. From arguments by Black thinkers like Derrick Bell, we draw a set of distinctions between two types of hope: one for ideal justice, and one for more modest change; and between two types of hopeful actions, those undertaken through formal political channels and those we call 'extra-political' actions; and between two sites of differential moral burdens, those of the privileged and those of the oppressed. Ours is a case for facing even bleak realities, demanding otherwise, and acting in hope to achieve a better future. (shrink)

The computational paradigm, which has dominated psychology and artificial intelligence since the cognitive revolution, has been a source of intense debate. Recently, several cognitive scientists have argued against this paradigm, not by objecting to computation, but rather by objecting to the notion of representation. Our analysis of these objections reveals that it is not the notion of representation per se that is causing the problem, but rather specific properties of representations as they are used in various psychological theories. Our analysis (...) suggests that all theorists accept the idea that cognitive processing involves internal information-carrying states that mediate cognitive processing. These mediating states are a superordinate category of representations. We discuss five properties that can be added to mediating states and examine their importance in various cognitive models. Finally, three methodological lessons are drawn from our analysis and discussion. (shrink)

Dilation occurs when an interval probability estimate of some event E is properly included in the interval probability estimate of E conditional on every event F of some partition, which means that one’s initial estimate of E becomes less precise no matter how an experiment turns out. Critics maintain that dilation is a pathological feature of imprecise probability models, while others have thought the problem is with Bayesian updating. However, two points are often overlooked: (1) knowing that E is stochastically (...) independent of F (for all F in a partition of the underlying state space) is sufficient to avoid dilation, but (2) stochastic independence is not the only independence concept at play within imprecise probability models. In this paper we give a simple characterization of dilation formulated in terms of deviation from stochastic independence, propose a measure of dilation, and distinguish between proper and improper dilation. Through this we revisit the most sensational examples of dilation, which play up independence between dilator and dilatee, and find the sensationalism undermined by either fallacious reasoning with imprecise probabilities or improperly constructed imprecise probability models. (shrink)

Moral duties are regularly attributed to groups. Does this make conceptual sense or is this merely political rhetoric? And what are the implications for these individuals within groups? Collins outlines a Tripartite Model of group duties that can target political demands at the right entities, in the right way and for the right reasons.

There is a remarkable trend in contemporary environmentalism that emphasizes ‘accepting responsibility’ for the natural world in contrast to outdated preservationist thinking that shirks such responsibility. This approach is often explained and justified by reference to the anthropocene: this fundamentally new epoch—defined by human domination—requires active human intervention to avert planetary catastrophe. However, in this paper, I suggest this rhetoric encourages a flight from history. This often jubilant, sometimes anxious, yearning for unprecedented human innovation and—ultimately—control in our new millennia mirrors (...) the Futurist movement that took off near the beginning of the last century. Despite the significant differences in the details of how academics have defended this twenty-first-century environmental outlook, they all represent the true flight from history; they too quickly jettison the ideas of historical environmentalists and so misunderstand the environmental values at the heart of preservation that are more salient than ever. (shrink)

A scholar of Hellenistic and Prussian history, Droysen developed a historical theory that at the time was unprecedented in range and depth, and which remains to the present day a valuable key for understanding history as both an idea and a professional practice. Arthur Alfaix Assis interprets Droysen’s theoretical project as an attempt to redefine the function of historiography within the context of a rising criticism of exemplar theories of history, and focuses on Droysen’s claim that the goal underlying (...) historical writing and reading should be the development of the subjective capacity to think historically. In addition, Assis examines the connections and disconnections between Droysen’s theory of historical thinking, his practice of historical thought, and his political activism. Ultimately, Assis not only shows how Droysen helped reinvent the relationship between historical knowledge and human agency, but also traces some of the contradictions and limitations inherent to that project. (shrink)

It is widely held that there are important differences between indicative conditionals (e.g. “If the authors are linguists, they have written a linguistics paper”) and subjunctive conditionals (e.g. “If the authors had been linguists, they would have written a linguistics paper”). A central difference is that indicatives and subjunctives convey different stances towards the truth of their antecedents. Indicatives (often) convey neutrality: for example, about whether the authors in question are linguists. Subjunctives (often) convey the falsity of the antecedent: for (...) example, that the authors in question are not linguists. This paper tests prominent accounts of how these different stances are conveyed: whether by presupposition or conversational implicature. Experiment 1 tests the presupposition account by investigating whether the stances project – remain constant – when embedded under operators like negations, possibility modals, and interrogatives, a key characteristic of presuppositions. Experiment 2 tests the conversational-implicature account by investigating whether the stances can be cancelled without producing a contradiction, a key characteristic of implicatures. The results provide evidence that both stances – neutrality about the antecedent in indicatives and the falsity of the antecedent in subjunctives – are conveyed by conversational implicatures. (shrink)

Short intellectual biography of Alexandre Herculano. English translation available.

This article addresses two areas of continuing controversy about consent in clinical research: the question of when consent to low risk research is necessary, and the question of when consent to research is valid. The article identifies a number of considerations relevant to determining whether consent is necessary, chief of which is whether the study would involve subjects in ways that would (otherwise) infringe their rights. When consent is necessary, there is a further question of under what conditions consent is (...) valid or successful in waiving a right. The most influential account of validity conditions is non-moralized, in the sense that the conditions make no essential reference to whether the researcher soliciting consent has obtained it in a way that wrongs the subject. The article examines the implications of this account, and compares it with recent accounts that moralize some of the validity conditions. -/- . (shrink)

We expound an alternative to the Copenhagen interpretation of the formalism of nonrelativistic quantum mechanics. The basic difference is that the new interpretation is formulated in the language of epistemological realism. It involves a change in some basic physical concepts. The ψ function is no longer interpreted as a probability amplitude of the observed behaviour of elementary particles but as an objective physical field representing the particles themselves. The particles are thus extended objects whose extension varies in time according to (...) the variation of ψ. They are considered as fundamental regions of space with some kind of nonlocality. Special consideration is given to the Heisenberg relations, the Einstein-Podolsky- Rosen correlations, the reduction process, the problem of measurement, and the quantum-statistical distributions. (shrink)

Trust not only disposes us to feel betrayed, trust can be betrayed. Understanding what a betrayal of trust is requires understanding how trust can ground an obligation on the part of the trusted person to act specifically as trusted. This essay argues that, since trust cannot ground an appropriate obligation where there is no prior obligation, a betrayal of trust should instead be conceived as the violation of a trust-based obligation to respect an already existing obligation. Two forms of trust (...) are evaluated for their potential to ground such a second-order obligation. One form counts as a gift to the trusted person only because it does not involve an expectation of trustworthiness; the other form cannot count as a gift but confers an honor because it does include an expectation of trustworthiness. Only trust that confers an honor generates a second-order obligation whose violation would be a betrayal of trust. -/- . (shrink)

Determinism is established in quantum mechanics by tracing the probabilities in the Born rules back to the absolute (overall) phase constants of the wave functions and recognizing these phase constants as pseudorandom numbers. The reduction process (collapse) is independent of measurement. It occurs when two wavepackets overlap in ordinary space and satisfy a certain criterion, which depends on the phase constants of both wavepackets. Reduction means contraction of the wavepackets to the place of overlap. The measurement apparatus fans out the (...) incoming wavepacket into spatially separated eigenpackets of the chosen observable. When one of these eigenpackets together with a wavepacket located in the apparatus satisfy the criterion, the reduction associates the place of contraction with an eigenvalue of the observable. The theory is nonlocal and contextual. Keywords:. (shrink)

The spin-statistics connection is derived in a simple manner under the postulates that the original and the exchange wave functions are simply added, and that the azimuthal phase angle, which defines the orientation of the spin part of each single-particle spin-component eigenfunction in the plane normal to the spin-quantization axis, is exchanged along with the other parameters. The spin factor (−1)2s belongs to the exchange wave function when this function is constructed so as to get the spinor ambiguity under control. (...) This is achieved by effecting the exchange of the azimuthal angle by means of rotations and admitting only rotations in one sense. The procedure works in Galilean as well as in Lorentz-invariant quantum mechanics. Relativistic quantum field theory is not required. (shrink)

Plausibly, only moral agents can bear action-demanding duties. This places constraints on which groups can bear action-demanding duties: only groups with sufficient structure—call them ‘collectives’—have the necessary agency. Moreover, if duties imply ability then moral agents (of both the individual and collectives varieties) can bear duties only over actions they are able to perform. It is thus doubtful that individual agents can bear duties to perform actions that only a collective could perform. This appears to leave us at a loss (...) when assigning duties in circumstances where only a collective could perform some morally desirable action and no collective exists. But, I argue, we are not at a loss. This article outlines a new way of assigning duties over collective acts when there is no collective. Specifically, we should assign collectivisation duties to individuals. These are individual duties to take steps towards forming a collective, which then incurs a duty over the action. I give criteria for when individuals have collectivisation duties and discuss the demands these duties place on their bearers. (shrink)

The ethics of care has flourished in recent decades yet we remain without a succinct statement of its core theoretical commitment. This book uses the methods of analytic philosophy to argue for a simple care ethical slogan: dependency relationships generate responsibilities. It uses this slogan to unify, specify and justify the wide range of views found within the care ethical literature.

A characterization result of dilation in terms of positive and negative association admits an extremal counterexample, which we present together with a minor repair of the result. Dilation may be asymmetric whereas covariation itself is symmetric. Dilation is still characterized in terms of positive and negative covariation, however, once the event to be dilated has been specified.

We present a game mechanic called pseudo-visibility for games inhabited by non-player characters (NPCs) driven by reinforcement learning (RL). NPCs are incentivized to pretend they cannot see pseudo-visible players: the training environment simulates an NPC to determine how the NPC would act if the pseudo-visible player were invisible, and penalizes the NPC for acting differently. NPCs are thereby trained to selectively ignore pseudo-visible players, except when they judge that the reaction penalty is an acceptable tradeoff (e.g., a guard might accept (...) the penalty in order to protect a treasure because losing the treasure would hurt even more). We describe an RL agent transformation which allows RL agents that would not otherwise do so to perform some limited self-reflection to learn the training environments in question. (shrink)

A fundamental question asked in modal logic is whether a given theory is consistent. But consistent with what? A typical way to address this question identifies a choice of background knowledge axioms (say, S4, D, etc.) and then shows the assumptions codified by the theory in question to be consistent with those background axioms. But determining the specific choice and division of background axioms is, at least sometimes, little more than tradition. This paper introduces generic theories for propositional modal logic (...) to address consistency results in a more robust way. As building blocks for background knowledge, generic theories provide a standard for categorical determinations of consistency. We argue that the results and methods of this paper help to elucidate problems in epistemology and enjoy sufficient scope and power to have purchase on problems bearing on modalities in judgement, inference, and decision making. (shrink)