Aristotle’s discussions of natural slavery, ‘barbarian kingship’, and the natural characteristics of barbarians or non-Greeks are usually read as calling into question the intellectual, ethical, and political accomplishments of non-Greeks. Such accounts of non-Greek inferiority or inability to self-govern also appear to presuppose a climatic or environmental account that on the whole would imply severe limitations on the possibility of political flourishing for peoples living outside the Greek Mediterranean basin. In light of such accounts, it is somewhat astounding to find (...) Aristotle praising the social and political institutions of Carthage within his discussion of the best constitution in the second book of the Politics. In the 4th century BCE, Carthage (modern day Tunis) was a Phoenician commercial empire that culturally and linguistically was Semitic and clearly non-Greek. That Aristotle contrasts Carthage, a non-Greek polis, favorably with both Sparta and Crete undermines both the claim that Aristotle embraced a categorical opposition between Greeks and non-Greeks and the claim that he was dismissive of the achievements of non-Greeks. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

My paper argues that the Nicomachean Ethics endorses kingship (basileia) as the best regime (aristê politeia). In order to justify such a claim, I look at Aristotle’s discussion and rankings of regimes throughout the Ethics, specifically, the discussions of regime division in EN VIII.10, the inculcation of virtue in II.1, ethical habituation in X.9, and the “one regime which is best everywhere according to nature” in V.7.

The claim that consciousness constitutively involves self-consciousness has a long philosophical history, and has received renewed support in recent years. My aim in this paper is to argue that this surprisingly enduring idea is misleading at best, and insufficiently supported at worst. I start by offering an elucidatory account of consciousness, and outlining a number of foundational claims that plausibly follow from it. I subsequently distinguish two notions of self-consciousness: consciousness of oneself and consciousness of one’s experience. While “self-consciousness” (...) is often taken to refer to the former notion, the most common variant of the constitutive claim, on which I focus here, targets the latter. This claim can be further interpreted in two ways: on a deflationary reading, it falls within the scope of foundational claims about consciousness, while on an inflationary reading, it points to determinate aspects of phenomenology that are not acknowledged by the foundational claims as being aspects of all conscious mental states. I argue that the deflationary reading of the constitutive claim is plausible, but should be formulated without using a term as polysemous and suggestive as “self-consciousness”; by contrast, the inflationary reading is not adequately supported, and ultimately rests on contentious intuitions about phenomenology. I conclude that we should abandon the idea that self-consciousness is constitutive of consciousness. (shrink)

In Plato's Laws, the Athenian Visitor says that the best constitution is a mixture of monarchy and democracy. This is the theoretical basis for the institutions of Magnesia, and it helps the citizens to become virtuous. But what is meant by ‘monarchy’ and ‘democracy’, and how are they mixed? I argue that the fundamental relations in Plato's discussion of constitutions are those of authority and equality. These principles are centrally about the extent to which citizens submit to the (...) judgment of an authority and the extent to which they decide for themselves respectively—the extent to which they are ruled by themselves or ruled by another. The institutions of Magnesia reflect these principles in practice and provide a more nuanced way to understand Plato’s assessment of democratic institutions. (shrink)

The first part of this paper finds Craver’s (2007) mutual manipulability theory (MM) of constitution inadequate, as it definitionally ties constitution to the feasibility of idealized experiments, which, however, are unrealizable in principle. As an alternative, the second part develops an abductive theory of constitution (NDC), which exploits the fact that phenomena and their constituents are unbreakably coupled via common causes. The best explanation for this common-cause coupling is the existence of an additional dependence relation, viz. (...) constitution. Apart from adequately capturing the essential characteristics of constitution missed by MM, NDC has important ramifications for constitutional discovery—most notably, that there is no experimentum crucis for constitution, not even under ideal discovery circumstances. (shrink)

In this article, I will provide a critical overview of the form of non-deductive reasoning commonly known as “Inference to the Best Explanation” (IBE). Roughly speaking, according to IBE, we ought to infer the hypothesis that provides the best explanation of our evidence. In section 2, I survey some contemporary formulations of IBE and highlight some of its putative applications. In section 3, I distinguish IBE from C.S. Peirce’s notion of abduction. After underlining some of the essential elements (...) of IBE, the rest of the entry is organized around an examination of various problems that IBE confronts, along with some extant attempts to address these problems. In section 4, I consider the question of when a fact requires an explanation, since presumably IBE applies only in cases where some explanation is called for. In section 5, I consider the difficult question of how we ought to understand IBE in light of the fact that among philosophers, there is significant disagreement about what constitutes an explanation. In section 6, I consider different strategies for justifying the truth-conduciveness of the explanatory virtues, e.g., simplicity, unification, scope, etc., criteria which play an indispensable role in any given application of IBE. In section 7, I survey some of the most recent literature on IBE, much of which consists of investigations of the status of IBE from the standpoint of the Bayesian philosophy of science. (shrink)

The central aim of this article is to specify the ontological nature of constitutive mechanistic phenomena. After identifying three criteria of adequacy that any plausible approach to constitutive mechanistic phenomena must satisfy, we present four different suggestions, found in the mechanistic literature, of what mechanistic phenomena might be. We argue that none of these suggestions meets the criteria of adequacy. According to our analysis, constitutive mechanistic phenomena are best understood as what we will call ‘object-involving occurrents’. Furthermore, on the (...) basis of this notion, we will clarify what distinguishes constitutive mechanistic explanations from etiological ones. 1 Introduction 2 Criteria of Adequacy 2.1 Descriptive adequacy 2.2 Constitutive–etiological distinction 2.3 Constitution 3 The Ontological Nature of Constitutive Mechanistic Phenomena 3.1 Phenomena as input–output relations 3.2 Phenomena as end states 3.3 Phenomena as dispositions 3.4 Phenomena as behaviours 4 Phenomena as Object-Involving Occurrents 4.1 What object-involving occurrents are and why we need them 4.2 The object in the phenomenon 4.3 The adequacy of option 5 Conclusion. (shrink)

The chapter, while exploring the interconnections between Plato’s Republic and Aristophanes’ Ecclesiazusae, postulates the existence of a third common source, which was presumably Hippodamus’ project of the best constitution. Hippodamus embraced the Pythagorean idea that the leading role in the polis should pertain to a group of morally and intellectually perfect philosophers who live on a communist basis; on this background, he proposed a tripartite functional division of the city. Aristophanes had adopted this model and reformulated it comically (...) by identifying the ruling group with women. This comical travesty then successfully manifested the fundamental connection between nourishing, sexuality and ruling. In the Republic, Plato integrates all these impulses into the dialectical context and develops a theory of naturalness of the political community. (shrink)

Recent work in democratic theory has seriously questioned the dominant pluralist model of self-government and recommended the adoption of a ‘deliberative’ conception of constitutional democracy. With this shift in basic political theory, the objection to judicial review, often voiced in jurisprudential theory, as an anti-democratic instance of paternalism merits another look. This paper argues that the significant differences between four recent theories of constitutional review—put forward by Ely, Perry, Dworkin, and Habermas—are best understood as arising from different positions taken (...) on two cross-cutting distinctions that have been inherited from Locke and Rousseau: democratic processes as aggregative versus deliberative, and democratic legitimacy as substantive versus procedural. A reconstruction and critical evaluation of the four theories of judicial review, with special emphasis on their underlying theories of constitutional democracy, yields a set of criteria for adequate accounts of democratic processes, democratic legitimacy, and their relation to judicial review. I argue that the best understanding of constitutional review is yielded by Habermas’s theory because it combines a conception of popular sovereignty in terms of the collective process of citizens’ deliberative attempt to institutionalize the general will through law, with a resolutely proceduralist conception of democratic legitimacy. However, I also argue that some of the specific proposals Habermas makes concerning the institutionalization of constitutional review in an independent, non-accountable judiciary and the scope of duties for such a body need to be modified in the light of his overriding commitments to participatory deliberative processes and procedural legitimacy. (shrink)

This paper argues that, according to a specific conception of the ideals of constitutional democracy - deliberative democratic constitutionalism - the proper function of constitutional review is to ensure that constitutional procedures are protected and followed in the ordinary democratic production of law, since the ultimate warrant for the legitimacy of democratic decisions can only be that they have been produced according to procedures that warrant the expectation of increased rationality and reasonability. It also contends that three desiderata for the (...) institutionalization of the function of constitutional review follow from this conception: structural independence, democratic sensitivity and the maintenance of legal integrity. Finally, evaluating three broadly different ways of institutionalizing constitutional review - solely in appellate courts, in deliberative constitutional juries of ordinary citizens and in a combined system of constitutional courts and civic constitutional amendment fora - it argues that the third arrangement would perform best at collectively fulfilling the sometimes antithetical desiderata. (shrink)

Numerous philosophers allege that the "general theory of second best" (Lipsey and Lancaster, 1956) poses a challenge to the Target View, which asserts that real world reform efforts should aim to establish arrangements that satisfy the constitutive features of ideal just states of affairs. I demonstrate two claims that are relevant in this context. First, I show that the theory of second best fails to present a compelling challenge to the Target View in general. But, second, the theory (...) of second best requires ideal theorists to undertake certain kinds of causal and comparative analyses that are typically thought to lie beyond the borders of conventional ideal theory. (shrink)

Can a man be a feminist? If so, what would it mean? I want to participate in a dialogue between women and men on how to accommodate women’s moral concerns. I propose that the fundamental values of justice embodied in the South African constitutional democracy require men to be feminist. These values provide the best safeguard of the important interests and values of both women and men. Men who accept these values can support the main concerns of feminism. The (...) implications of the argument in this article range from public issues to the most private aspects of marriage. (shrink)

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers (...) the concepts of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (shrink)

According to Aristotle, democracy and oligarchy are empirically the most widespread and analytically fundamental ‘constitutions’. I analyse how in different places in his Politics Aristotle ‘positively’ defines and differentiates between democracy and oligarchy. At the same time, I substantiate in detail a new interpretation of Aristotle’s view that significantly differs from the current interpretation. ‘Combining’ the elements, procedures, and principles of democracy and oligarchy gives rise to mixed ‘constitutions’, a special place among which is occupied by the polity or republic, (...) which is the best regime ‘for most states and for most people’. I show the ways in which, according to Aristotle, it is possible to form such a regime. Carl Schmitt and, later somewhat differently, Bernard Manin draw a link between Aristotle’s mixed regime and the representative democracies of today. (shrink)

Inference to the Best Explanation, roughly put, appeals to the explanatory power of a theory or hypothesis (relative to some data set) as constituting epistemic justification for it. Inference to the Best Explanation (henceforth IBE) is a tool widely employed among all reasoners alike, from the empirical sciences to ordinary life. Philosophical discussions do not differ in the usualness of explanatory appeals of this kind during serious argument. Often enough, the appeal is dialectically blocked, as many of our (...) epistemic peers in philosophy offer reasons to be skeptical of IBE. Our aim with this monograph is to assess one worry that have been raised about this mode of inference: That explanatory power is not truth-conducive. We begin by discussing general features of inferences and then formulating IBE in detail. Afterward, we explicate and apply a canonical understanding of what an explanation is. This will lead to a certain understanding of explanatory power. We undergo a case study to defend the thesis that this kind of explanatory power is indeed epistemically irrelevant – unless, perhaps, when combined with other theoretical virtues. Our conclusion is that the measure what explanations are best requires taking other theoretical virtues into account, such as simplicity and unification. In this case, a complete assessment of IBE requires examining if, when, and how these alleged theoretical virtues are indeed truth-conducive. (shrink)

One element in the choice of a constitutional design or model of democracy is the criterion of efficiency. Different political scientists, however, understand the word ‘efficiency’ in different ways. The author suggests a distinction between its two main meanings: (1) efficiency-action capacity and (2) effectiveness-socioeconomic performance. It is not just socio-economic effectiveness that is important, but also political efficiency-action capacity. Efficiency-action capacity is closely linked with the theory of democracy put forward by Schumpeter and adopted by the majority of political (...) scientists today. Thus efficiency is essential not only for the government (in that it simplifies the operation of power) but also, and even more importantly, for the governed, for the citizens (in that it simplifies the choice and peaceful removal of the rulers, i.e. the executive). (shrink)

A central question of environmental ethics remains one of how best to account for the intuitions generated by the Last Man scenarios; that is, it is a question of how to explain our experience of value in nature and, more importantly, whether that experience is justified. Seeking an alternative to extrinsic views, according to which nonhuman entities possess normative features that obligate us, I turn to constitutive views, which make value or whatever other limits nonhuman nature places on action (...) dependent on features intrinsic to human beings and constitutive of them or their obligations. After examining two kinds of constitutive views—environmental virtue ethics and Korsgaard’s Kantianism—I suggest an alternative that takes up the strengths of both while avoiding their shortcomings. On this view, we have an indirect obligation to experience nature as obligating us, although we have direct obligations only to human beings. (shrink)

Pascal famously wrote that Plato and Aristotle “ont écrit de politique c'était comme pour régler un hôpital de fous.” I argue that the best way of understanding Aristotle’s political thought is to see that although Pascal may be right about Plato, he is completely wrong about Aristotle—and that that difference in their political philosophies may provide resources for challenges we face today. The first five chapters of the book argue that Aristotle envisions the paradigmatic case in which the ethical (...) virtue of justice operates as that between citizens within one and the same political community. Just like the virtue of courage is one that paradigmatically applies to a citizen-solider defending his polis, the virtue of justice applies to the citizen-jurist and the citizen-assemblyman, exercising the virtue within the domains of the assembly and the law-courts. The last three chapters argue that Aristotle conceives of justice as an institutional characteristic paradigmatically in the case of politeiai, both in how they are governed and which citizens they incorporate into the governing of the political community. The final chapter maps out how Aristotle understands justice in three domains that are significantly different than paradigmatic citizen roles. I look at what place, if any, Aristotle has for justice between human and non-human animals, within the household (specifically, towards slaves, children, and female spouses), and between poleis (or “inter-nationally”). (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas (...) the good man’s virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

In “The Zygote Argument is Invalid: Now What?” (2015), Kristin Mickelson published an objection to the Zygote Argument that she first presented in 2012 as workshop comments on a draft of Mele's "Manipulation, Moral Responsibility, and Bullet-Biting" (2013). Assuming that the phrase "determinism precludes free will" means something like determinism-related causal factors are what prevent people from acting freely when determinism is true, Mele's original Zygote Argument was invalid. At the workshop, Mickelson presented Mele with two options to address the (...) problem, a premise-preserving option and a conclusion-preserving option. That is, Mele could change the conclusion of the original argument to the negative, non-explanatory thesis entailed by its original two premises, or find a way to add premises that would support the positive, explanatory conclusion of the original argument (which, notably, is the conclusion that Pereboom supports using best-explanation reasoning in his Four-Case Argument). Mickelson used this as an opportunity to explain the key contribution that best-explanation reasoning makes to manipulation arguments -- and why the best variant of the manipulation argument might conclude that incompatibilism is FALSE. In response to Mickelson's objection, Mele changed the conclusion of the argument before "Manipulation, Moral Responsibility, and Bullet-Biting" went to print, choosing Mickelson's proposal to change its conclusion over the suggestion to change its premises. However, Mele failed to mention Mickelson's invalidity objection in print and that he changed the conclusion of his argument as a direct response to it; nor did Mele mention the costs that Mickelson outlined for the premise-preserving solution that he adopted or the benefits of a conclusion-preserving solution. At the same time, Mele began using the term 'incompatibilism' to pick out the negative, non-explanatory claim supported by the newly revised Zygote Argument--and also started to claim (without providing evidence) that those who use the term 'incompatibilism' to denote the explanatory claim deterministic causal factors *make it the case* that no one acts freely when determinism is true" is guilty of using the term in a nonstandard and nontraditional way that he had "never had any use for"--failing to mention that he clearly used the term in this explanatory sense in his 2005 critique of the Four-Case Argument, which is to be expected give that Derk Pereboom uses the explanatory definition (as do Kadri Vihvelin, Carolina Sartorio, and *most* other contributors to the free-will literature). In THIS reply essay, Mickelson responds to an attempt by Gabriel De Marco (FSU, advisor Alfred Mele) to defend the original Zygote Argument from Mickelson's 2012/2015 critique. Unfortunately, both of De Marco's proposed "solutions" are non-starters. The first is a non-starter because De Marco merely repeats the premise-preserving solution that Mickelson offered to Mele in 2012 and that Mele adopted in print in 2013. In other words, De Marco took credit for the premise-preserving solution to the invalidity objection that Mickelson developed (although he does *redescribe* Mickelson's solution in his own idiosyncratic jargon) and Mele had already adopted in print. De Marco's second solution is a non-starter because it is constituted by a patently invalid argument. Contrary to De Marco's proposal, it's not true that the conjunction of possibilism and incompossibilism deductively entails the positive, diagnostic claim that deterministic causal factors beyond one's control preclude (destroy, undermine, is antagonistically relevant to) free will when determinism is true. *My thanks to the editors of Philosophia for publishing this reply when PhilStudies would not. (shrink)

Scholars of race in antiquity commonly claim that Aristotle holds proto-racist views about βάρβαροι or non-Greeks. But a careful examination of Aristotle’s remarks in his Politics about slavery, non-Greek political institutions, and Greek and non-Greek natural qualities calls into question such claims. No doubt, Aristotle held views at odds with modern liberalism, such as defenses of gender subordination and the exploitation of slave and non-slave labor. But claims that Aristotle holds proto-racist views are regularly but erroneously asserted without careful consideration (...) of relevant textual evidence. My article argues that Aristotle neither categorically distinguishes Greeks and non-Greeks nor does he endorse the claim that Greeks are categorically superior to non-Greeks. Indeed, Aristotle regularly draws upon non-Greek political institutions in his own formulation of the best constitution and he praises the non-Greek constitution of Carthage as superior to that of Greek constitutions such as Sparta and Crete. (shrink)

A central question that arises when interpreting the U.S. Constitution is which theory of interpretation is the best? In his recent book, “How to Interpret the Constitution,” Cass Sunstein reviews various theories of constitutional interpretation currently in vogue and then offers what he believes would be the best approach going forward. In this Article, I want to take up a more basic question presupposed by the very idea of a theory of interpretation. That is, whether it (...) is even possible to arrive at more than a provisional understanding of what would be the best interpretation in any given area of study, including constitutional law. That said, I do believe some of the interpretations suggested by Cass Sunstein and elsewhere by myself and others to be more persuasive than most others, even if only partially so. For, as Sunstein himself points out, no theory seems perfect to figure out the Constitution’s meaning in every possible world in which we could imagine it to exist. So, we best just focus on our own world or what we take to matter in our world. In keeping with this idea, I plan to begin by looking first at how we might interpret the world around us based on our past experiences by considering a somewhat imaginative recent experience of my own. Next, I consider some recent studies in the neurosciences and a previous but highly influential article by the philosopher Donald Davidson concerning conceptual schemes and whether we could ever hope to make any sense of a scheme radically different from our own. Here it should be pointed out that I will use the word “scheme” when referring to a very broad system of thought for which there may not be much outside, versus when I use the word “framework,” as referencing something far narrower than a whole system of thought, even if what is referenced might purport to be a significant part of a still larger system. My goal is to eventually adopt John Rawls’ public reason method to separate out non-workable systems of thought as might be part of a particular religious or philosophical tradition that cannot be easily tied to any other system of thought easily imagined within a pluralistic society. I plan to do this by relating how Rawls’ public reason might allow for the creation of a moral interpretation of the Constitution adopting the moral theory of Alan Gewirth. The latter I adopt because its grounding does not presuppose any prior moral or religious framework. I then apply that interpretative method to five cases Sunstein believes are fixed points in our current constitutional understanding. In short, I plan to isolate out an area of human rights where even very different understandings of the world might be able to meet, while acknowledging that there will still be other areas that simply evade any common connection. I hope what I offer here to be of help for a theory of constitutional interpretation that focuses on morality, without having to compete with various religious frameworks going forward. (shrink)

John Searle has argued that functions owe their existence to the value that we put into life and survival. In this paper, I will provide a critique of Searle’s argument concerning the ontology of functions. I rely on a standard analysis of functional predicates as relating not only a biological entity, an activity that constitutes the function of this entity and a type of system but also a goal state. A functional attribution without specification of such a goal state has (...) no truth-value. But if completed with a goal state, functional attributions understood as four-place relations attain a truth-value. The truth conditions of all attributions of function involve a dependence claim of the goal state on the function bearer’s activity. The nature of this dependence may differ; I consider five different possibilities: causality, mechanistic constitution, mereology, supervenience and metaphysical grounding. If these dependency relations are objective, Searle’s central ontological thesis fails. What he ought to have said is that our valuing survival or other goal states may be the reason why biology seeks functional knowledge, but this has nothing to do with ontology. I will show further that Searle also raised an interesting challenge concerning the relationship of functional and causal truths, but it does not threaten the objectivity of functions either. At best, it could show that functional vocabulary is eliminable. However, I will show that functional vocabulary is not so eliminable. (shrink)

Community (κοινωνία) is one of the most fundamental and distinctive concepts in Aristotle’s writings on human action; the political species of community (alongside spousal community, household community, and the community of friendship) is probably the most complicated iteration of the concept. Thus, scholars of Aristotle’s Politics (the primary audience of the volume under review) are much indebted to the publication of Riesbeck’s revised doctoral dissertation (University of Texas, Austin, 2012) that successfully and persuasively elucidates political community by showing both its (...) likenesses and differences from the other forms of community Aristotle analyzes. The question that Riesbeck uses to explore these concepts in Aristotle’s writings: Is Aristotle’s praise for the constitution (πολιτεία) of kingship (which in places the Politics identifies as the ‘best constitution’ [(Pol. 3.17.1288a15-19, 28-29]) philosophically compatible with his theory of community and commonality? (shrink)

Ground is all the rage in contemporary metaphysics. But what is its nature? Some metaphysicians defend what we could call, following Skiles and Trogdon (2021), the inheritance view: it is because constitutive forms of metaphysical explanation are such-and-such that we should believe that ground is so-and-so. However, many putative instances of inheritance are not primarily motivated by scientific considerations. This limitation is harmless if one thinks that ground and science are best kept apart. Contrary to this view, we believe (...) that ground is a highly serviceable tool for investigating metaphysical areas of science. In this paper, we defend a naturalistic version of the inheritance view which takes constitutive scientific explanation as a better guide to ground. After illustrating the approach and its merits, we discuss some implications of the emerging scientific conception for the theory of ground at large. (shrink)

There are at least twelve major virtues of good theories: evidential accuracy, causal adequacy, explanatory depth, internal consistency, internal coherence, universal coherence, beauty, simplicity, unification, durability, fruitfulness, and applicability. These virtues are best classified into four classes: evidential, coherential, aesthetic, and diachronic. Each virtue class contains at least three virtues that sequentially follow a repeating pattern of progressive disclosure and expansion. Systematizing the theoretical virtues in this manner clarifies each virtue and suggests how they might have a coordinated and (...) cumulative role in theory formation and evaluation across the disciplines—with allowance for discipline specific modification. An informal and flexible logic of theory choice is in the making here. Evidential accuracy, according to my systematization, is not a largely isolated trait of good theories, as some have made it out to be. Rather, it bears multifaceted relationships, constituting significant epistemic entanglements, with other theoretical virtues. (shrink)

This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are the (...) source of physical modality. Humeanism is the best known such approach, but there are other less well-known approaches. The second way, the second degree, is that the source of physical modality lies in certain second-order facts, involving a relation between universals. Armstrong’s necessitarianism and other views are second-degree views. The third way, the third degree, holds that properties themselves are the source of physical modality. This is the powers view. I examine four ways of developing the third degree: relational constitution, graph-theoretic structuralism, dispositional roles, and powerful qualities. All these ways are either incoherent, or just disguised versions of the first-degree. The new metaphysics of powers is illusory. With the collapse of the third degree, the second degree, the necessitarian view of law, collapses as well. I end the paper with some reflections on the first degree, on the problem of explaining necessary connections between distinct existences, and on the dim prospects of holist ontology. (shrink)

I propose an account of the speech act of prediction that denies that the contents of prediction must be about the future and illuminates the relation between prediction and assertion. My account is a synthesis of two ideas: (i) that what is in the future in prediction is the time of discovery and (ii) that, as Benton and Turri recently argued, prediction is best characterized in terms of its constitutive norms.

The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical The public constitutes a major stakeholder in the debate about, and resolution of privacy and ethical about Big Data research seriously and how to communicate messages designed to build trust in specific big data projects and the institution of science in general. This chapter explores the implications of various examples of engaging the public in online activities such as Wikipedia that contrast with “Notice and (...) Consent” forms and offers models for scientists to consider when approaching their potential subjects in research. Drawing from Lessig, Code and Other Laws of Cyberspace, the chapter suggests that four main regulators drive the shape of online activity: Code (or Architecture), Laws, Markets, and Norms. Specifically, scientists should adopt best practices in protecting computerized Big Data (Code), remain completely transparent about their data management practices (Law), make smart choices when deploying digital solutions that place a premium on information protection (Market), and, critically, portray themselves to the public as seriously concerned with protecting the privacy of persons and security of data (Norms). The community of Big Data users and collectors should remember that such data are not just “out there” somewhere but are the intimate details of the lives of real persons who have just as deep an interest in protecting their privacy as they do in the good work that is conducted with such data. (shrink)

Quine's holistic empiricist account of scientific inquiry can be characterized by three constitutive principles: *noncontradiction*, *universal revisability* and *pragmatic ordering*. We show that these constitutive principles cannot be regarded as statements within a holistic empiricist's scientific theory of the world. This claim is a corollary of our refutation of Katz's [1998, 2002] argument that holistic empiricism suffers from what he calls the Revisability Paradox. According to Katz, Quine's empiricism is incoherent because its constitutive principles cannot themselves be rationally revised. Using (...) Gärdenfors and Makinson's logic of belief revision based on epistemic entrenchment, we argue that Katz wrongly assumes that the constitutive principles are *statements* within a holistic empiricist's theory of the world. Instead, we show that constitutive principles are best seen as *properties* of a holistic empiricist's theory of scientific inquiry and we submit that, without Katz's mistaken assumption, the paradox cannot be formulated. We argue that our perspective on the status of constitutive principles is perfectly in line with Quinean orthodoxy. In conclusion, we compare our findings with van Fraassen's [2002] argument that we should think of empiricism as a stance, rather than as a doctrine. (shrink)

This paper is based on the comments I gave to Alfred Mele regarding his original Zygote Argument during my presentation at a small workshop on manipulation arguments in Budapest back in 2012. After those comments, Mele changed the conclusion of his original Zygote Argument (OZA) from a positive, explanatory conclusion to a negative, non-explanatory conclusion--and, correspondingly, redefined 'incompatibilism' so that it would no longer refer in his work to the view that determinism precludes (undermines, eliminates, destroys, etc.) free will, but (...) refers narrowly to the perhaps spurious association claim that appears in the conclusion of the revised Zygote Argument (Mele 2013+). Yet, over the last decade, Mele has made no comment in print about the changes he made, the invalidity objection that led to them, nor to the fact that his revised Zygote Argument was originally presented by me as a (non-optimal) reaction to my invalidity objection to his original Zygote Argument. To my knowledge, Mele has only mentioned this 2015 paper once, at it was not in the context of understanding manipulation arguments; it was, rather, in the context of defending his revised, non-explanatory definition of 'incompatibilism' at the opening of Aspects of Agency (p. 6, n. 4). There, Mele singles out *just this 2015 paper* as a place where they'll find what Mele degrades as a type of nonstandard/nontraditional definition of 'incompatibilism' that he rejects. This is notable because Mele provides no empirical evidence that his preferred definition is standard, and most (including Lehrer, who coined the term) reject the negative, non-explanatory, association-based definition that Mele came to endorse in the aftermath of my invalidity objection to OZA. So, if Mele had a genuine concern about philosophers who use the term 'incompatibilism', then Mele could have--and should have--named almost any leading figure in free will for this purpose (since most--including Pereboom, Vihvelin, Haji, etc.) reject the non-explanatory definition that Mele-2013+ now endorses. Yet, for untold reasons, Mele isolated the working definition of 'incompatibilism' used in one paper by one unemployed junior researcher to use as his example--even though Neil Levy had used this same definition in previously published work (eg. Levy 2011). Moreover, if Mele were genuinely interested in helping his readers understand the ambiguity of terms like 'compatibilism' and 'incompatibilism' it is a mystery that he referenced a paper in which nothing of substance hung on the definitions given to these terms -- especially considering that he might have instead pointed them to my OTHER 2015 paper, "A Critique of Vihvelin's Three-Fold Classification" in which the MAIN AIM of the paper is to expose the difficulties facing anyone who wants to define the terms 'compatibilism' and 'incompatibilism' in a way that everyone will accept (including a critique of the negative, non-explanatory "incompossibilist" definition that Mele adopted after my objection to OZA). By all appearances, Mele's main aim in citing specifically THIS paper and none of my other work was to give readers the false impression that my working definition of 'incompatibilism' played some role in my charge that his argument is invalid (which it doesn't, given that the term doesn't appear in either the premises or conclusion of that argument). Mele adds to this unseemly rhetorical campaign in his book *Manipulation Agents* where he mentions an invalidity objection in the intro (p. 84) and then discusses that objection in the final lines of Chapter 5 of the book (p. 120-121). The invalidity objection discussed here is completely pedantic, has never been seriously raised in the primary literature (and was previously addressed in multiple places my multiple philosophers, including me), and has nothing whatever to do with my invalidity objection. In other words, Mele was content to discuss an invalidity objection that no one has ever had to an argument that is clearly valid while completely ignoring the ONLY substantive invalidity objection to his argument in print. This is unfortunate, because it has led to serious confusion --including the patently false description of my invalidity objection to OZA as an objection to the revised version of the Zygote Argument that Mele adopted in *response* my objection (e.g., Capes mistakenly claims "Mickelson (2015) contends that arguments like this [i.e. like the revised Zygote Argument] are invalid. But that’s because she defines “incompatibilism” differently than I’ve defined it here" in his "Manipulation Arguments and Direct Arguments" chapter in the 2023 Wiley-Blackwell Companion to Free Will; I did not say this, and the definition of 'incompatibilism' is irrelevant to my objection). In "The Zygote Argument Is Invalid--Now What?", I simply use the invalidity of the simple 2-premise Zygote Argument as a foil to make a series of more philosophically significant points (e.g. regarding the dialectical structure of the free-will debate, the role of best-explanation reasoning, and to develop the first-ever "master manipulation argument"). Mele has yet to address my reasons for calling attention to the non-trivial invalidity of his OZA or to any of my answers to the "Now What?" question in this paper, even though this question and my proposed answers to this question are the paper's main point. For those interested in a more recent discussion of how the logical and metaphilosophical observations made in this "Now What?" paper have helped to move the free-will debate forward, I suggest looking at the discussions of the "paradigm shift" in the free-will debate that helps to explain why the free-will debate has become mired in stalemates and empty verbal disputes that are found, for example, in my contributions to the Wiley-Blackwell Companion to Free Will (Intro and Chapter 4, 2023) and my paper "Free Will, Self-Creation, and the Paradox of Moral Luck" (2019). (shrink)

How should we interpret the Constitution? The “positive turn” in legal scholarship treats constitutional interpretation, like the interpretation of statutes or contracts, as governed by legal rules grounded in actual practice. In our legal system, that practice requires a certain form of originalism: our system’s official story is that we follow the law of the Founding, plus all lawful changes made since. Or so we’ve argued. Yet this answer produces its own set of questions. How can practice solve our (...) problems, when there are so many theories of law, each giving practice a different role? Why look to an official story, when on-the-ground practice may be confused or divided—or may even make the story ring false? And why take originalism as the official story, when so many scholars and judges seem to reject it? This Essay offers a response to each. To the extent that legal systems are features of particular societies, a useful theory will have to pay attention to actual social practice, including the aspects of legal practice we describe. This positive focus really can resolve a great many contentious legal disputes, as shared legal premises lead to conclusions that might surprise us or that ultimately establish one side in a dispute as correct. The most serious challenge to our view is the empirical one: whether originalism is or isn’t the official story of our law. Stripped of their jurisprudential confusion, though, the best competing accounts of our law seem to have far less supporting evidence than our own account. Focusing on social practice as it stands today turns out to direct our attention to the Founders and to the changes over time that their law has recognized. (shrink)

Is there a ‘common element’ in Buddhist ethical thought from which one might rationally reconstruct a Buddhist normative ethical theory? While many agree that there is such an element, there is disagreement about whether it is best reconstructed in terms that approximate consequentialism or virtue ethics. This paper will argue that two distinct evaluative relations underlie these distinct positions; an instrumental and constitutive analysis. It will raise some difficulties for linking these distinct analyses to particular normative ethical theories but (...) will give reasons to think that both analyses may be justified. It will close with some reflections on the complexity involved in trying to establish a single and homogeneous position on the nature of Buddhist ethics. (shrink)

The three target articles constitute a powerful and persuasive call for actively anti-racist bioethics and biomedicine. All three articles reject race as a biological category. Nevertheless, they share a common commitment to racial classification. At one point, Ruqaiijah Yearby writes that “social race, like biological race, is an illusion created to establish racial hierarchy,” but mostly she writes about “races” as though they were not an illusion, but a reality. In this commentary I critique the racial realism of the target (...) articles. I argue that the biomedical fight against racism is best served by a form of anti-realist reconstructionism about race, which says that there are no races, only racialized groups—groups misunderstood to be races. Note that I do not defend the color blindness that Clarence H. Braddock (2020) persuasively rejects. Because of the role of skin color in racialization and racism, color blindness is a misguided goal. One can reject color blindness, though, without accepting racial realism... (shrink)

JOURNAL OF THE HISTORY OF PHILOSOPHY PRIZE for the best published book in the history of philosophy [Awarded in 2010] _______________ -/- Although it is widely recognized that David Hume's A Treatise of Human Nature (1739-40) belongs among the greatest works of philosophy, there is little agreement about the correct way to interpret his fundamental intentions. It is an established orthodoxy among almost all commentators that skepticism and naturalism are the two dominant themes in this work. The difficulty has (...) been, however, that Hume's skeptical arguments and commitments appear to undermine and discredit his naturalistic ambition to contribute to "the science of man". This schism appears to leave his entire project broken-backed. The solution to this riddle depends on challenging another, closely related, point of orthodoxy: namely, that before Hume published the Treatise he removed almost all material concerned with problems of religion. Russell argues, contrary to this view, that irreligious aims and objectives are fundamental to the Treatise and account for its underlying unity and coherence. It is Hume's basic anti-Christian aims and objectives that serve to shape and direct both his skeptical and naturalistic commitments. When Hume's arguments are viewed from this perspective we can solve, not only puzzles arising from his discussion of various specific issues, we can also explain the intimate and intricate connections that hold his entire project together. This "irreligious" interpretation provides a comprehensive fresh account of the nature of Hume's fundamental aims and ambitions in the Treatise. It also presents a radically different picture of the way in which Hume's project was rooted in the debates and controversies of his own time, placing the Treatise in an irreligious or anti-Chrisitan philosophical tradition that includes Hobbes, Spinoza and freethinking followers. Considered in these terms, Hume's Treatise constitutes the crowning achievement of the Radical Enlightenment. (shrink)

In this paper I argue that the early Kant’s Physical Monadology (1756)—which attempts to solve the philosophical problem of reconciling the infinite divisibility of space with the substantial status of material bodies—is best understood within the framework of substance–accident ontology. I begin by showing how Kant relies on that ontology when arguing that composition as a relation can be taken away, leaving us with simple substances or monads. After this, I discuss apparently conflicting two interpretative camps considering the “force (...) by which the simple element of a body occupies its space” (1:482). Given that neither of them is satisfactory, I explain the way in which Kant’s theory of grounds, positing, and determinations draws on the Aristotelian theory of substances, essences, and necessary and non-necessary accidents. In causal terms, this framework amounts to a theory of powers in which both the internal determinations constitutive of a substance and the accidents they posit are causally efficacious. This enables us to see that the existing interpreting camps result from highlighting different aspects of Kant’s quite nuanced theory of monadic powers. To express that theory economically, it can be called a dual layer theory of power: monads are (1) essentially powerful substances that bring about (2) three kinds of powers—repulsive, attractive, and inertial—as accidents; from these accidents, in turn, result such properties as impenetrability, volume, shape, and cohesion. In virtue of the latter type of powers, a monad most importantly has a determinate sphere of influence by which it occupies space and prevents other things penetrating the space it fills—thereby entering in the mechanical world of bodies. The defended interpretation can thus reveal the full nature of the early Kant’s fine-grained theory of monadic powers and show it to be quite understandable in its ingenious use of a time-honored ontological framework in a post-Newtonian setting. (shrink)

Many nongovernmental forms of business regulation aim at reducing ethical violations in commerce. We argue that such nongovernmental ethics standards, while often laudable, raise their own ethical challenges. In particular, when such standards place burdens upon vulnerable market participants (often, though not always, SMEs), they do so without the backing of traditional legitimate political authority. We argue that this constitutes a structural analogy to wars of humanitarian intervention. Moreover, we show that, while some harms imposed by such standards are desirable, (...) others are best thought of as a form of collateral damage. We thus look at the well-developed literature on just war theory for inspiration and find that the principles of jus ad bellum and jus in bello contain many insights that can be fruitfully adapted to the case of nongovernmental standard-setting. Consequently, we propose the Ius ad Normam—a set of principles that should guide would-be standard-setters in assessing whether imposing those burdens is ethically justifiable in particular cases. We also discuss how powerful multinational businesses often act simultaneously as standard-takers and standard-setters and explore the normative implications of this dual role. (shrink)

Does phenomenal force, the distinctive phenomenology attributed to perceptual experience, really form an integral part of the latter? If not, what implications does it have for perceptual justification? In this paper, I first argue for a metacognitive account, according to which phenomenal force constitutes a separate, metacognitive state. This account opens up a previously unexplored path for challenging phenomenal conservatism or dogmatism, which has been a prominent theory of perceptual justification over the past two decades. Moreover, I investigate several alternative (...) possibilities in which phenomenal force might still be deemed as significant, but ultimately demonstrate that its epistemic role remains marginal at best. (shrink)

ABSTRACT A new ‘political philosophy’ is indispensable to the ‘post-Corona world,’ and this paper tries to analyze the future of ‘liberal democracy’ in it. It shows that ‘liberal democracy’ faces a ‘global crisis’ that has begun before, but the ‘novel Coronavirus pandemic,’ as a setback for it, strongly encourages that crisis. ‘Liberalism’ and ‘democracy,’ which had long been assumed by ‘political philosophers’ to go together, are now becoming decoupled, and the ‘liberal values’ of ‘democracy’ are eroding. To find why and (...) how, this paper analyzes ‘authoritarianism,’ ‘totalitarianism,’ and the evils and propensities of ‘democracy’ that bring about further erosions of ‘liberal values.’ There may be difficult trade-offs to be made between ‘liberal’ and ‘authoritarian’ ‘values’ - and, after the experience of ‘Coronavirus,’ this paper shows the ‘illiberal or authoritarian democracy’ may become stronger. -/- KEYWORDS: democracy, liberalism, liberal democracy, illiberal democracy, the novel Coronavirus pandemic, Covid-19, authoritarianism, totalitarianism. -/- EXTENDED ABSTRACT For almost a century in West, ‘democracy’ has meant ‘liberal democracy’-a political system marked not only by ‘free and fair elections,’ but also by ‘liberal values.’ ‘Liberalism’ applied to the problem of the limits of the criminal law would require commitment to the presumption in favor of ‘liberty.’ If the word ‘liberal’ is to have any utility in this context, it should refer to one who has so powerful a commitment to ‘liberty’ that she is motivated to limit the number of acknowledged liberty-limiting or coercion-legitimizing principles as narrowly as possible. So, she only believes in ‘harm-principle’ as the morally relevant reason for criminal prohibitions. ‘Offense principle’ and ‘paternalistic’ and ‘moralistic’ considerations, when introduced as support for penal legislation, have no weight at all. So, it means ‘autonomy’ and ‘self-regarding vs. other-regarding actions distinction’ based on which the human is the owner of her mind and body and everything consenting adults do is beyond the realm of morality and law. It leads to ‘individual’ ‘basic rights and liberties’ such as ‘basic rights and liberties’ of ‘speech,’ ‘religion,’ and ‘property’ and ‘collective’ ‘basic rights and liberties’ such as ‘basic rights and liberties of assembly,’ ‘civil society,’ ‘political pluralism,’ ‘democratic institutions,’ and ‘non-governmental organizations.’ ‘Liberalism’ also believes in ‘equality of conditions, ‘equal and free participatory rights in political decision making,’ and ‘collective self-governance.’ It also believes in the ‘rule of law,’ a ‘separation of powers,’ and ‘checks and balances.’ However, even under fair and free elections, the elected leaders can be ‘populists,’ ‘ultra-nationalists,’ ‘racists,’ ‘fascists,’ and ‘authoritarians’ who do not respect ‘inviolable basic rights and liberties,’ and suppress ‘minorities.’ Democratically elected leaders can routinely ignore constitutional limits on their power and deprive their citizens of ‘basic rights and liberties.’ The two strands of ‘liberal democracy’ have been coming apart in the world, and the ‘liberal’ elements of ‘democracy’ have been fraying and eroding even before the ‘novel Coronavirus pandemic.’ Even before the Coronavirus hit, there was already much discussion of a crisis of ‘liberal democracy.’ In particular, there has been a debate about whether ‘liberalism’ and ‘democracy,’ which had long been assumed to go together, were becoming decoupled. This paper shows ‘liberal democracy’ faces a ‘global crisis’ that had begun before the ‘novel Coronavirus pandemic.’ It also analyzes ‘authoritarianism,’ ‘totalitarianism,’ ‘liberalism,’ and ‘democracy’ and shows that Covid-19 is a setback for ‘liberal democracy.’ What is striking about the current moment is that many of the ‘liberal’ elements of ‘democracy’ are so far holding up under immense pressure. ‘Illiberal democracies’ seemed to be emerging in many countries. This model of ‘illiberal democracy,’ in which elections continue to be held but some individual rights and liberties are curtailed, may emerge stronger from this new crisis. In that sense, the ‘pandemic’ may become a challenge not only to ‘democracy’ as such but also to ‘liberal democracy’ in particular – in other words, a system of popular sovereignty together with guaranteed basic rights, such as freedom of association and expression and checks and balances on executive power. ‘Authoritarian’ procedures may succeed in mitigating the spread of the ‘Coronavirus,’ but the world now faces another problem: that when the virus recedes, many ‘liberal democracies’ will be far less ‘liberal’ or ‘democratic’ than they were before. In times of crisis, ‘liberal values’ have been ignored temporarily in the name of executive power. However, the ‘temporary’ can become ‘permanent.’ In addition, if citizens lose their faith in the legitimacy of ‘liberal democracy’ as the best form of government, and think ‘liberal democracy’ cannot function effectively during a crisis, and ‘authoritarian regimes’ manage the crisis more decisively, the world will slide towards ‘illiberal or authoritarian democracy,’ and many ‘liberal democracies’ will be at grave risk of failure. There may now be difficult trade-offs to be made between those basic rights and security - and, after the experience of Covid-19, many citizens may choose security. (shrink)

According to a view I’ll call Epistemic Normativism, knowledge is normative in the same sense in which paradigmatically normative properties like justification are normative. This paper argues against EN in two stages and defends a positive non-normativist alternative. After clarifying the target in §1, I consider in §2 some arguments for EN from the premise that knowledge entails justification. I first raise some worries about inferring constitution from entailment. I then rehearse the reasons why some epistemologists reject the Entailment (...) Thesis and argue that a non-normativist picture provides the best explanation of all the intuitions surrounding this thesis, favorable and unfavorable. On this picture, human knowledge is a structured non-normative complex that has as one of its parts a justification-making property, analogous in role to good-making properties like pleasurableness. After giving three arguments against EN in §3 and answering an objection in §4, I turn in §5 to further develop the positive view sketched in §2. In §6, I take stock and conclude. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

The Integrated Information Theory of consciousness (IIT) claims that consciousness is identical to maximal integrated information, or maximal Φ. One objection to IIT is based on what may be called the intrinsicality problem: consciousness is an intrinsic property, but maximal Φ is an extrinsic property; therefore, they cannot be identical. In this paper, I show that this problem is not unique to IIT, but rather derives from a trilemma that confronts almost any theory of consciousness. Given most theories of consciousness, (...) the following three claims are inconsistent. INTRINSICALITY: Consciousness is intrinsic. NON-OVERLAP: Conscious systems do not overlap with other conscious systems (a la Unger’s problem of the many). REDUCTIONISM: Consciousness is constituted by more fundamental properties (as per standard versions of physicalism and Russellian monism). In view of this, I will consider whether rejecting INTRINSICALITY is necessarily less plausible than rejecting NON-OVERLAP or REDUCTIONISM. I will also consider whether IIT is necessarily committed to rejecting INTRINSICALITY or whether it could also accept solutions that reject NON-OVERLAP or REDUCTIONISM instead. I will suggest that the best option for IIT may be a solution that rejects REDUCTIONISM rather than INTRINSICALITY or NON-OVERLAP. (shrink)

Speech acts are governed by a variety of illocutionary norms. Building on Sbisà’s (2019) work, this chapter attempts to develop a common framework to study them. Four families of illocutionary rules are identified: (i) Validity rules set conditions for (actual) performance; (ii) Cooperative rules set conditions for cooperative performance; (iii) Illocutionary goals set conditions for successful performance; (iv) Illocutionary obligations set conditions for compliance. Illocutionary rules are often taken to play a constitutive role: speech acts are said to be constituted (...) by the unique set of rules that regulates them. Against this view, it is argued that many illocutionary rules are instead best construed as rationally derivable expectations of cooperation. This alternative paradigm provides fertile ground to reconcile scholarly disagreement between speech act theorists, and yields a promising explanation of how illocutionary norms are learned and evolve through time. (shrink)

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...) in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

This article explores the possibility that John Dewey’s silence on the matter of which democratic means are needed to achieve democratic ends, while confusing, makes greater sense if we appreciate the notion of political technology from an anthropological perspective. Michael Eldridge relates the exchange between John Herman Randall, Jr., and Dewey in which Dewey concedes “that I have done little or nothing in this direction [of outlining what constitutes adequate political technology, but that] does not detract from my recognition that (...) in the concrete the invention of such a technology is the heart of the problem of intelligent action in political matters.” Dewey’s concession could be interpreted as an admission that he was unqualified to identify political machinery or institutions suitable for realizing his vision of democracy as a way of life. Not being able to specify adequate means to achieve lofty democratic ends is not problematic, though, if we appreciate the roots of Dewey’s work (especially Human Nature and Conduct) in the anthropological writings of Immanuel Kant and Franz Boas. For then experience reflects a myriad of social and cultural conditions such that specifying explicit means to structure that experience risks stymieing the organic development of political practice. When pressured to operationalize political technology, he chose the appropriately open-ended and, at times, frustratingly vague means of education and growth. In short, Dewey did not want his ambitious democratic vision to outstrip the possibilities of practice, so he left the task of specifying exact political technology (or which democratic means are best suited to achieve democratic ends) unfinished. (shrink)

Perceptual experience has representational content. My argument for this claim is an inference to the best explanation. The explanandum is cognitive penetration. In cognitive penetration, perceptual experiences are either causally influenced, or else are partially constituted, by mental states that are representational, including: mental imagery, beliefs, concepts and memories. If perceptual experiences have representational content, then there is a background condition for cognitive penetration that renders the phenomenon prima facie intelligible. Naïve realist or purely relational accounts of perception leave (...) cognitive penetration less well-explained, even when formulated with so-called ‘standpoints’ or ‘third relata.’. (shrink)

Artificial Intelligence (AI) is already having a major impact on society. As a result, many organizations have launched a wide range of initiatives to establish ethical principles for the adoption of socially beneficial AI. Unfortunately, the sheer volume of proposed principles threatens to overwhelm and confuse. How might this problem of ‘principle proliferation’ be solved? In this paper, we report the results of a fine-grained analysis of several of the highest-profile sets of ethical principles for AI. We assess whether these (...) principles converge upon a set of agreed-upon principles, or diverge, with significant disagreement over what constitutes ‘ethical AI.’ Our analysis finds a high degree of overlap among the sets of principles we analyze. We then identify an overarching framework consisting of five core principles for ethical AI. Four of them are core principles commonly used in bioethics: beneficence, non-maleficence, autonomy, and justice. On the basis of our comparative analysis, we argue that a new principle is needed in addition: explicability, understood as incorporating both the epistemological sense of intelligibility (as an answer to the question ‘how does it work?’) and in the ethical sense of accountability (as an answer to the question: ‘who is responsible for the way it works?’). In the ensuing discussion, we note the limitations and assess the implications of this ethical framework for future efforts to create laws, rules, technical standards, and best practices for ethical AI in a wide range of contexts. (shrink)

Contemporary forms of Kantian constitutivism generally begin with a conception of agency on which the constitutive aim of agency is some form of autonomy or self-unification. This chapter argues for a re-orientation of the Kantian constitutivist project towards views that begin with a conception of rationality on which both theoretical and practical rationality aim at forms of understanding. In a slogan, then, understanding-first as opposed to autonomy-first constitutivism. Such a view gives the constitutivist new resources for explaining many classes of (...) reasons, while also offering a new way of understanding the unity of theoretical and practical reason. The chapter concludes by arguing that the resulting view is best understood, not so much as an alternative to autonomy-first constitutivism, but as a complement to it. (shrink)

The purpose of this paper is to address a well-known dilemma for physicalism. If mental properties are type identical to physical properties, then their causal efficacy is secure, but at the cost of ruling out mentality in creatures very different to ourselves. On the other hand, if mental properties are multiply realizable, then all kinds of creatures can instantiate them, but then they seem to be causally redundant. The causal exclusion problem depends on the widely held principle that realized properties (...) inherit their causal powers from their realizers. While this principle holds for functional realization, it fails on a broader notion of realization that permits the realization of complex qualitative properties such as spatial and temporal patterns. Such properties are best seen as dependent powerful qualities, which have their causal roles in virtue of being the qualities they are, and do not inherit powers from their realizers. Recent studies have identified one such property—neural synchrony—as a correlate of consciousness. If synchrony is also partially constitutive of consciousness, then phenomenal properties are both multiply realizable and causally novel. I outline a version of representationalism about consciousness on which this constitution claim holds. (shrink)