A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...) Hart saw legal rules as determined by social rules accepted by a particular community. We argue that this acceptance requires no genuine normative commitment; agreement or compliance with the rules might even be feigned. And this community need not be limited to an official class, but includes all who jointly accept the rules. Having rejected these artificial limits, one can take the official story at its word. (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)

In this article, I draw an important distinction between two kinds of inquiry. “Framed inquiries” take for granted and use a conceptual framework in order to ask and answer questions, while “framing inquiries” require the creation, revision, or expansion of the conceptual framework itself in order to address the problem at hand. This distinction has been largely ignored in epistemology, and collapsed by two radically opposed philosophical camps: representationalism and antirepresentationalism. While the former takes all inquiries to be in the (...) business of discovering mind-independent facts, the latter takes all inquiries to be primarily governed by pragmatic considerations. Against the objections raised by both camps, I defend a pragmatist and substantive distinction between framed and framing inquiry, inspired by Rudolf Carnap’s distinction between internal and external questions and reformulated in terms of John Dewey’s theory of inquiry. (shrink)

According to Max Deutsch, conceptual engineers face a dilemma: either they target semantic meanings, in which case they are engaged in an infeasible activity (the “implementation challenge”), or they target speaker meanings, in which case they are engaged in a trivial enterprise (the “trivialization challenge”). Focusing on the first horn of the dilemma, I argue that the “transubstantiation version” of the implementation challenge only holds for representationalist approaches to conceptual engineering, according to which concepts are individuated by their representational relation (...) to phenomena or sets of objects in the world. From a non-representationalist (e.g. pragmatist) perspective, the dilemma is therefore dissolved. Nevertheless, Deutsch’s article still deserves a response from the pragmatist, since it raises a more general challenge to conceptual engineering that I dub the “practical implementation challenge”. I offer a pragmatist solution to that challenge, drawing on John Dewey’s theory of inquiry and Robert Brandom’s inferentialism. This solution includes recommendations distributed across all stages of the engineering process, in privileging projects that are (1) problem-driven, (2) bottom-up; ensuring that the proposal is (3) clearly justified, (4) maintains continuity with the existing inferential role; and finally, in (5) enforcing the novel concept in practices of deontic scorekeeping, (6) backed up by institutional or intellectual authority. (shrink)

Conceptual engineering takes a distinctively normative and reconstructive approach to our conceptual repertoire. This approach is congenial to the ideas defended by philosophers belonging to the multifaceted tradition of American and Cambridge Pragmatism. This special issue is devoted to the investigation and development of these connections. Our introduction maps some of the historical and theoretical entanglements between the two fields and gives a short overview of the contributions to the special issue.

Do physicists believe that general relativity is true, and that electrons and phonons exist, and if so, in what sense? To what extent does the spectrum of positions among physicists correspond to philosophical positions like scientific realism, instrumentalism, or perspectivism? Does agreement with these positions correlate with demographic factors, and are realist physicists more likely to support research projects purely aimed at increasing knowledge? We conducted a questionnaire study to scrutinize the philosophical stances of physicists. We received responses from 384 (...) physicists and 151 philosophers. Our main findings are (1) On average, physicists tend toward scientific realism, and slightly more so than philosophers of science. (2) Physicists can be clustered into five groups. Three show variants of scientific realism, one is instrumentalist, and one seems undecided or incoherent. (3) Agreement with realism weakly correlates with approval of building a bigger particle collider. (4) Agreement with realism weakly correlates with the seniority of physicists. (5) We did not find correlations with other factors, such as whether physicists focus on theoretical or experimental research and whether they engage with applied or basic research. (shrink)

"What are you?" This question, whether explicitly raised by another or implied in his gaze, is one with which many persons perceived to be racially ambiguous struggle. This article centers on encounters with this question. Its aim is twofold: first, to describe the phenomenology of a particular type of racializing encounter, one in which one of the parties is perceived to be racially ambiguous; second, to investigate how these often alienating encounters can be better negotiated. In the course of this (...) investigation, this article examines the addressee's point of view and consider possible responses to the other's question. In addition, it discusses the addresser's perspective, both to probe the curiosity underlying the "What are you?" question and to explore alternatives to it. By describing the phenomenology of these encounters, this article hopes to show that racial ambiguity, as distinct from mixed-race, is a category of lived experience that calls for deeper philosophical scrutiny. (shrink)

Originalism has long been criticized for its “law office history” and other historical sins. But a recent “positive turn” in originalist thought may help make peace between history and law. On this theory, originalism is best understood as a claim about our modern law — which borrows many of its rules, constitutional or otherwise, from the law of the past. Our law happens to be the Founders’ law, unless lawfully changed. This theory has three important implications for the role of (...) history in law. First, whether and how past law matters today is a question of current law, not of history. Second, applying that current law may often require deference to historical expertise, but for a more limited inquiry: one that looks specifically at legal doctrines and instruments, interprets those instruments in artificial ways, and makes use of evidentiary principles and default rules when the history is obscure. Third, ordinary legal reasoning already involves the application of old law to new facts, an inquiry that might other-wise seem daunting or anachronistic. Applying yesterday’s “no vehicles in the park” ordinance is no less fraught — and no more so — than applying Founding-era legal doctrines. (shrink)

In discussing instrumentalism in philosophy of science, John Dewey is rarely studied, but rather mentioned in passing to credit him for coining the label. His instrumentalism is often interpreted as the view that science is an instrument designed to control the environment and satisfy our practical ends, or likened to the Duhemian view that scientific objects are useful fictions for organizing observable phenomena. Dewey was careful to qualify the first view and denied holding the second. Furthermore, the observable/unobservable distinction does (...) not play any significant role in Dewey’s instrumentalism. The question then arises: Was the inventor of instrumentalism himself an instrumentalist? I present the key aspects of Dewey’s instrumentalismand contrast his views with the instrumentalism of Mach, Duhem and Poincaré. Dewey’s epistemological instrumentalism is global and not local; nevertheless, it is fallibilist and optimistic, rather than skeptical and pessimistic. Dewey’s ontological instrumentalism concerns the nature of scientific objects, regardless of whether they are observable or unobservable, and is fully compatible with realism about atoms or electrons. Dewey’s practical instrumentalism holds that becausescience provides understanding of the workings of nature rather than an exhaustive picture of reality, it is thebest instrument we have for the enrichment of experience. (shrink)

This article examines the question of life's meaning in the Anthropocene, an era where the biosphere is significantly threatened by human activities. To introduce the existential dilemma posed by the Anthropocene, Leboeuf considers Samuel Scheffler's Death and the Afterlife. According to Scheffler, the existence of others after one's death shapes how one finds life meaningful. Thus, anyone who sees a connection between the meaning of life and the future of humanity should ask, why live in the Anthropocene? Leboeuf answers this (...) question via William James's lecture “Is Life Worth Living?” James, Leboeuf argues, would enjoin us not to waste time deliberating about life's worthwhileness. Instead, we must meet the challenges placed on us. Today we are summoned by our climate crisis to fight for our survival. Even if our collective future will have been shortened by our inaction, life is worth living in the Anthropocene. (shrink)

In this paper, building on these previous works, we propose to go deeper into the understanding of crowd behavior by proposing an approach which integrates ontologi- cal models of crowd behavior and dedicated computer vision algorithms, with the aim of recognizing some targeted complex events happening in the playground from the observation of the spectator crowd behavior. In order to do that, we first propose an ontology encoding available knowledge on spectator crowd behavior, built as a spe- cialization of the (...) DOLCE foundational ontology, which allows the representation of categories belonging both to the physical and to the social realms. We then propose a simplified and tractable version of such ontology in a new temporal extension of a description logic, which is used for temporally coupling events happening on the play- ground and spectator crowd behavior. At last, computer vision algorithms provide the input information concerning what is observed on the stands and ontological reasoning delivers the output necessary to perform complex event recognition. (shrink)

Par risques majeurs, on entend ceux qui s’attachent à des événements dont les conséquences défavorables, pour l’humanité ou pour l’environnement, sont d’une gravité exceptionnelle. On n’ajoutera ni que ces événements sont d’une intensité physique extrême, ni qu’ils surviennent rarement, car ce n’est pas toujours le cas. Seuls des risques majeurs de nature civile seront considérés dans cet ouvrage, et il s'agira, plus limitativement, de risques naturels, comme ceux d’inondation et de submersion marine, illustrés par la tempête Xynthia en 2010, de (...) risques technologiques industriels, comme celui d’une explosion d'usine, illustré par la catastrophe AZF en 2001, et de risques nucléaires, pour autant qu’ils mettent en jeu les dangers de la radioactivité, et qu’illustrent, hors de France, les catastrophes de Three Miles Island (1979), Tchernobyl (1986) et Fukushima (2011), -/- Conçu comme un rapport destiné au Conseil d'analyse économique (CAE) du Premier Ministre français, l'ouvrage comporte une introduction traitant du risque majeur pris en général (section 1). Dans sa partie principale, il aborde les trois risques majeurs qu'il a sélectionnés à travers les prismes successifs de la géographie et de la technologie (section 2), de l’histoire institutionnelle et juridique (section 3), enfin d’un bilan normatif accompagné de recommandations pour l'action publique (section 4). -/- Neuf compléments spécialisés, dus à d'autres auteurs, complètent l'ouvrage. Ils portent sur des aspects technologiques (F. Ménage; A. Quantin et D. Moucoulon; P. Saint-Raymond), juridiques (V. Sanseverino-Godfrin), économiques généraux (C. Grislain-Letrémy et B. Villeneuve; R. Lahidji; J. Percebois; A. Schmitt et S. Spaeter) et financiers (M. Pappalardo) et ils concernent principalement le risque nucléaire. -/- Dans cet ensemble de vaste format, on espère avoir su proposer, non seulement des évaluations et des préconisations destinées aux pouvoirs publics, comme il convenait au projet initial de rapport, mais aussi une synthèse qui soit utilisable par tous ceux - décideurs, scientifiques ou simples observateurs - que préoccupent les questions de risques majeurs. (shrink)

Concerns about threats to human autonomy feature prominently in the field of AI ethics. One aspect of this concern relates to the use of AI systems for problematically manipulative influence. In response to this, the European Union’s draft AI Act (AIA) includes a prohibition on AI systems deploying subliminal techniques that alter people’s behavior in ways that are reasonably likely to cause harm (Article 5(1)(a)). Critics have argued that the term ‘subliminal techniques’ is too narrow to capture the target cases (...) of AI-based manipulation. We propose a definition of ‘subliminal techniques’ that (a) is grounded on a plausible interpretation of the legal text; (b) addresses all or most of the underlying ethical concerns motivating the prohibition; (c) is defensible from a scientific and philosophical perspective; and (d) does not over-reach in ways that impose excessive administrative and regulatory burdens. The definition is meant to provide guidance for design teams seeking to pursue responsible and ethically aligned AI innovation. (shrink)

Brief review of William Baude and Ryan Doerfler, Arguing with Friends, 117 Mich. L. Rev. 319 (2018).

Contributors: Steven Barbone, Laurent Bove, Edwin Curley, Valérie Debuiche, Michael Della Rocca, Simon B. Duffy, Daniel Garber, Pascale Gillot, Céline Hervet, Jonathan Israel, Chantal Jaquet, Mogens Lærke, Jacqueline Lagrée, Martin Lin, Yitzhak Y. Melamed, Pierre-François Moreau, Steven Nadler, Knox Peden, Alison Peterman, Charles Ramond, Michael A. Rosenthal, Pascal Sévérac, Hasana Sharp, Jack Stetter, Ariel Suhamy, Lorenzo Vinciguerra.

Richard Linklater’s celebrated Before trilogy chronicles the love of Jesse (Ethan Hawke) and Céline (Julie Delpy) who first meet up in Before Sunrise, later reconnect in Before Sunset and finally experience a fall-out in Before Midnight. Not only do these films present storylines and dilemmas that invite philosophical discussion, but philosophical discussion itself is at the very heart of the trilogy. This book, containing specially commissioned chapters by a roster of international contributors, explores the many philosophical themes that feature (...) so vividly in the interactions between Céline and Jesse, including: the nature of love, romanticism and marriage the passage and experience of time the meaning of life the art of conversation the narrative self gender death Including an interview with Julie Delpy in which she discusses her involvement in the films and the importance of studying philosophy. (shrink)

The book covers scientific and philosophical topics by bringing them closer to literature. Some topics are scientific explanation, the concept of cause, rational argumentation, pseudoscience, language, ethics, philosophy of mind, posthumanism, and democracy. Summary Prefazione di Severino Saccardi. Introduzione. Capitolo 1: Le scrivanie di Eddington. 1.1. Il vecchio Qfwfq (I. Calvino. Le cosmicomiche). 1.2. L’assassino invisibile (L.F. Celine, Il dottor Semmelweis). 1.3. Gli gnommeri di Ingravallo (C.E. Gadda, Quer pasticciaccio brutto de via Merulana). 1.4. I sergenti di Napoleone (L. Tolstoj, (...) Guerra e pace). 1.5. Tex e il Coyote nero (G. Bonelli, Il Coyote nero). 1.6. “Elementare Watson!” (A.C. Doyle, Il segno dei quattro). Capitolo 2. Non saranno mai delusi. 2.1. L’albero di Natale. (V. Perrin, Cambiare l’acqua ai fiori). 2.2. Il dagherrotipo di Buendia. (G.G. Marquez, Cent’anni di solitudine). 2.3. Don Ferrante e la peste. (A. Manzoni, I promessi sposi). Capitolo 3. Capitolo puffo. 3.1. L’Accademia di Lagado. (J. Swift, I viaggi di Gulliver). 3.2. Bruto è uomo d’onore. (W. Shakespeare, Giulio Cesare). 3.3. Le oche mute. (G. Orwell, 1984). Capitolo 4. “Quarantadue!” 4.1. Lo zio N’Ba N’Ga. (I. Calvino, Le cosmicomiche). 4.2. La mosca cocchiera. (J. de La Fontaine, Favole). 4.3. Il fiore del dr. Dek. (E. Salgari, Le meraviglie del Duemila). Capitolo 5. L’ultimo uomo. 5.1. La pernice accusatrice. (Cyrano de Bergerac, Gli stati e gli imperi del Sole). 5.2. Pallino in via Mjasnickaja. (M.A. Bulgakov, Cuore di cane). Capitolo 6. Scenari perturbanti. 6.1. Dissipatio. (G. Morselli, Dissipatio H.G.). 6.2. Un mammifero meccanizzato. (S. Butler, Erewhon). 6.3. Mlle Olimpia. (E.T.A. Hoffmann, Racconti notturni). Capitolo 7. La gente perbene. 7.1. La balena bianca. (H. Melville, Moby Dick). 7.2. Betsabea Everdeene. (T. Hardy, Via dalla pazza folla). 7.3. Un’idea francese. (C. McCarthy, Cavalli selvaggi). 7.4. Le montagne del Montana. (D. Delillo, Rumore bianco). (shrink)

Melancholy is a central expressive property of the Before films and key to understanding and appreciating the trilogy as a whole. That, in a nutshell, is the thesis I develop in this paper. In the first section, I present a philosophical account of melancholy in general and aesthetic melancholy in particular. Melancholy is understood here as the profound and bittersweet emotional experience that occurs when we vividly grasp a harsh truth about human existence in such a way that we come (...) to appreciate certain aspects of life more deeply. The second section of the paper focuses on the many intense as well as more subtle moments of melancholy in the various encounters between Celine and Jesse. These moments, I argue, are partly prompted by the environment and the circumstances in which they find themselves. But both of them also actively seek out and create such moments by the stories they tell and the reflections they engage in. That seems part of who they are as individuals and, I contend, it may be part of what attracts them to each other. In the third section, I address ‘film expression’, as opposed to ‘character expression’, and argue that melancholy is not just present in the characters’ dialogue and in their facial and bodily expressions but is also expressed through various cinematic means. The final section centres on the audience and the reception of the Before trilogy. I introduce the distinction between expression and expressiveness and suggest that the films may have resonated deeply with some viewers because they are so expressive of melancholy. (shrink)