I develop a new reading of Frege’s argument for the indefinability of truth. I concentrate on what Frege literally says in the passage that contains the argument. This literal reading of the passage establishes that the indefinability argument is an arguably sound argument to the following conclusion: provided that the Fregean conception of judgment—which has recently been countered by Hanks—is correct and that truth is a property of truth-bearers, a vicious infinite regress is produced. Given this vicious regress, Frege chooses (...) to reject that truth is a property of truth-bearers. Frege’s choice leads to a unique version of the Fregean conception of judgment. His unique conception of judgment can cope with Hanks’s recent criticisms against the Fregean conception. (shrink)

Our concept of choice is integral to the way we understand others and ourselves, especially when considering ourselves as free and responsible agents. Despite the importance of this concept, there has been little empirical work on it. In this paper we report four experiments that provide evidence for two concepts of choice—namely, a concept of choice that is operative in the phrase having a choice and another that is operative in the phrase making (...) a choice. The experiments indicate that the two concepts of choice can be differentiated from each other on the basis of the kind of alternatives to which each is sensitive. The results indicate that the folk concept of choice is more nuanced than has been assumed. This new, empirically informed understanding of the folk concept of choice has important implications for debates concerning free will, responsibility, and other debates spanning psychology and philosophy. -/- Specifically, 'having a choice' appears to require genuinely open alternatives, or alternative possibilities that are actually realizable, while 'making a choice' appears to only require psychological open alternatives, or the ability to consider alternatives independent of whether these alternatives are actually realizable. We argue that these findings are relevant to the free will debate because choice is central to the folk concept of free will and many philosophical analysis of free will. The kinds of alternatives required for having a choice appear to be incompatibilist in nature, while the kinds of alternatives required for making a choice appear to be compatibilist in nature. If free will requires having choices, then this is perhaps evidence against compatibilism. If free will requires making choices, then this is perhaps evidence in favor of--or at least consistent with--compatibilism. (shrink)

Aristotle's treatment of the choice between the political and contemplative lives (in EN I 5 and X 7-8) can seem awkward. To offer one explanation of this, I argue that when he invokes self-sufficience (autarkeia) as a criterion for this choice, he appeals to two different and incompatible specifications of "lacking nothing." On one specification, suitable to a human being living as a political animal and thus seeking to realize his end as an engaged citizen of a polis, (...) a person lacks nothing by possessing a wide range of goods that directly require other people. On the other, more suitable to a god or a beast, a person lacks nothing by having no need of goods that directly require other people. The ambiguity of this criterion renders the choice between the political and contemplative lives difficult. (shrink)

Multidimensional concepts are everywhere, and they are important. Examples include moral value, welfare, scientific confirmation, democracy, and biodiversity. How, if at all, can we aggregate the underlying dimensions of a multidimensional concept F to yield verdicts about which things are Fer than which overall? Social choice theory can be used to model and investigate this aggregation problem. Here, we focus on a particularly thorny problem made salient by this social choice-theoretic framework: the underlying dimensions of a given (...) concept might be measurable on different types of scales—e.g., some ordinal and some cardinal. An underappreciated impossibility theorem due to Anna Khmelnitskaya shows that seemingly plausible constraints on aggregation across scale types are inconsistent. This impossibility threatens to render the notion of overall Fness incoherent. We attempt to defuse this threat, arguing that the impossibility depends on an overly restrictive conception of measurement and of how measurement constrains aggregation. Adopting a more flexible—and, we think, more perspicuous—conception of measurement opens an array of possibilities for aggregation across disparate scale types. (shrink)

We focus on issues of learning assessment from the point of view of an investigation of philosophical elements in teaching. We contend that assessment of concept possession at school based on ordinary multiple-choice tests might be ineffective because it overlooks aspects of human rationality illuminated by Robert Brandom’s inferentialism––the view that conceptual content largely coincides with the inferential role of linguistic expressions used in public discourse. More particularly, we argue that multiple-choice tests at schools might fail to (...) accurately assess the possession of a concept or the lack of it, for they only check the written outputs of the pupils who take them, without detecting the inferences actually endorsed or used by them. We suggest that school tests would acquire reliability if they enabled pupils to make the reasons of their answers or the inferences they use explicit, so as to contribute to what Brandom calls the game of giving and asking for reasons. We explore the possibility to put this suggestion into practice by deploying two-tier multiple-choice tests. (shrink)

The concepts of choice, negation, and infinity are considered jointly. The link is the quantity of information interpreted as the quantity of choices measured in units of elementary choice: a bit is an elementary choice between two equally probable alternatives. “Negation” supposes a choice between it and confirmation. Thus quantity of information can be also interpreted as quantity of negations. The disjunctive choice between confirmation and negation as to infinity can be chosen or not in (...) turn: This corresponds to set-theory or intuitionist approach to the foundation of mathematics and to Peano or Heyting arithmetic. Quantum mechanics can be reformulated in terms of information introducing the concept and quantity of quantum information. A qubit can be equivalently interpreted as that generalization of “bit” where the choice is among an infinite set or series of alternatives. The complex Hilbert space can be represented as both series of qubits and value of quantum information. The complex Hilbert space is that generalization of Peano arithmetic where any natural number is substituted by a qubit. “Negation”, “choice”, and “infinity” can be inherently linked to each other both in the foundation of mathematics and quantum mechanics by the meditation of “information” and “quantum information”. (shrink)

Sometimes citizens disagree about political matters, but a decision must be made. We have two theoretical frameworks for resolving political disagreement. The first is the framework of social choice. In it, our goal is to treat parties to the dispute fairly, and there is no sense in which some are right and the others wrong. The second framework is that of collective decision-making. Here, we do believe that preferences are truth apt, and our moral consideration is owed not to (...) those who disagree but to the community that stands to benefit or suffer from the decision. In this chapter, I describe and explore these two frameworks. I conclude two things. First, analysis of real-world disagreement suggests that collective decision-making is the right way to model politics. In most, possibly even all, political disagreement, all parties believe (if implicitly) that there is an objective standard of correctness. Second, this matter is connected to the concept of pluralism. If pluralism is true, then collective decision-making cannot be applied to some political disagreements. More surprisingly, pluralism may rule out the applicability of social choice theory as well. (shrink)

Is there a choice in sexual orientation? [Wilkerson, William S. : “Is It a Choice? Sexual Orientation as Interpretation”. In: Journal of Social Philosophy 40. No. 1, p. 97–116] argues that sexual desires require interpretation in order to be fully constituted, and therefore sexual orientation is at least partially constituted by choice. [Díaz-León, Esa : “Sexual Orientation as Interpretation? Sexual Desires, Concepts, and Choice”; In: Journal of Social Ontology] critically assesses Wilkerson’s argument, concluding that we still (...) lack a good argument for the claim that choice plays a role in sexual orientation. Here I examine Díaz-León’s response to Wilkerson. I introduce what I call the conceptual act theory of sexual orientation, and argue that even if interpretation were not necessary to constitute sexual desires, it is a necessary element to constitute what we call sexual orientation. However, I conclude that even if we agree that interpretation is involved in sexual orientation, it does not follow that there is a choice involved. (shrink)

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state (...) needs to be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

We introduce an independence notion for choice functions, which we call ‘epistemic independence’ following the work by De Cooman et al. [17] for lower previsions, and study it in a multivariate setting. This work is a continuation of earlier work of one of the authors [29], and our results build on the characterization of choice functions in terms of sets of binary preferences recently established by De Bock and De Cooman [11]. We obtain the many-to-one independent natural extension (...) in this framework. Given the generality of choice functions, our expression for the independent natural extension is the most general one we are aware of, and we show how it implies the independent natural extension for sets of desirable gambles, and therefore also for less expressive imprecise-probabilistic models. Once this is in place, we compare this concept of epistemic independence to another independence concept for choice functions proposed by Seidenfeld [28], which De Bock and De Cooman [2] have called S-independence. We show that neither is more general than the other. (shrink)

In recent years, academics and educators have begun to use software mapping tools for a number of education-related purposes. Typically, the tools are used to help impart critical and analytical skills to students, to enable students to see relationships between concepts, and also as a method of assessment. The common feature of all these tools is the use of diagrammatic relationships of various kinds in preference to written or verbal descriptions. Pictures and structured diagrams are thought to be more comprehensible (...) than just words, and a clearer way to illustrate understanding of complex topics. Variants of these tools are available under different names: “concept mapping”, “mind mapping” and “argument mapping”. Sometimes these terms are used synonymously. However, as this paper will demonstrate, there are clear differences in each of these mapping tools. This paper offers an outline of the various types of tool available and their advantages and disadvantages. It argues that the choice of mapping tool largely depends on the purpose or aim for which the tool is used and that the tools may well be converging to offer educators as yet unrealised and potentially complementary functions. (shrink)

We investigate epistemic independence for choice functions in a multivariate setting. This work is a continuation of earlier work of one of the authors [23], and our results build on the characterization of choice functions in terms of sets of binary preferences recently established by De Bock and De Cooman [7]. We obtain the independent natural extension in this framework. Given the generality of choice functions, our expression for the independent natural extension is the most general one (...) we are aware of, and we show how it implies the independent natural extension for sets of desirable gambles, and therefore also for less informative imprecise-probabilistic models. Once this is in place, we compare this concept of epistemic independence to another independence concept for choice functions proposed by Seidenfeld [22], which De Bock and De Cooman [1] have called S-independence. We show that neither is more general than the other. (shrink)

Darwin hypothesized that some animals, when selecting sexual partners, possess a genuine “sense of beauty” that cannot be accounted for by the logic of natural selection. This hypothesis has been notoriously controversial. In this chapter I propose that the concept of agency can be useful to operationalize the “sense of beauty”, and can help identify the conditions under which one can infer that animals are acting as (aesthetic) agents. Focusing on a case study of the behavior of the Pavo (...) cristatus, I identify the types of evidence that would allow for the inference of agency through aesthetic choice. (shrink)

From a philosophical point of view, in general we can clearly distinguish two cultures, that is, culture in the context of the natural sciences and culture in the context of the humanities. Attempts are now being made to propose a third notion of culture, one that involves rational choice and moral judgment in this discourse. Before the 2000s, people tended to separate rational choice from moral judgment. However, for some years now, Kant's concept of pure reason as (...) the self-sufficiency of the subject has been questioned by intellectuals. There is a new definition of rationality, that is, rationality must be placed in a given situation to make sense, and it is context dependent, so it can be called situational rationality. (shrink)

Herein below I will try to set out certain innate traits of scientific rationality, by means of making a comparison between leading subjective and objective accounts of it in aspects representative for their explanatory potential. Scientific rationality might well be taken in as a system of specific norms, originating from, and upheld by, a scientific community; norms offering a choice of best decisions in a set of rival alternatives. Hence, a study may be developed up to the evolvement of (...) a uniform conception of scientific rationality and its variants. (shrink)

Quantum mechanics involves a generalized form of information, that of quantum information. It is the transfinite generalization of information and re-presentable by transfinite ordinals. The physical world being in the current of time shares the quality of “choice”. Thus quantum information can be seen as the universal substance of the world serving to describe uniformly future, past, and thus the present as the frontier of time. Future is represented as a coherent whole, present as a choice among infinitely (...) many alternatives, and past as a well-ordering obtained as a result of a series of choices. The concept of quantum information describes the frontier of time, that “now”, which transforms future into past. Quantum information generalizes information from finite to infinite series or collections. The concept of quantum information allows of any physical entity to be interpreted as some nonzero quantity of quantum information. The fundament of quantum information is the concept of ‘quantum bit’, “qubit”. A qubit is a choice among an infinite set of alternatives. It generalizes the unit of classical information, a bit, which refer to a finite set of alternatives. The qubit is also isomorphic to a ball in Euclidean space, in which two points are chosen. (shrink)

Political psychology and rational choice approaches are often regarded as standing in direct competition with one another. In this paper, we put this postulated rivalry to the test by examining the conditions which would need to be fulfilled so as to set up a conflict between political psychology and rational choice. Since our analysis shows that the perceived competition rests on a mistaken conception of the respective approaches, we argue that our main aim should be to investigate how (...) to combine these approaches so as to maximise their fruitfulness for political science. (shrink)

This paper seeks to resolve a fairly simple question in ethics: Why do seemingly reasonable people disagree about ethical problems? My paper seeks both to analyze this question and attempts to find a solution. My premise is that disagreement happens because of differences in hierarchical value ranking, or quite simply because some problems are more important to some people than others. Theories of choice, however, influenced by concepts such as "freedom of choice," conceal the hierarchical nature of our (...) choices, leading to confusion over the nature and degree of our ethical disagreements. I propose then that ethical disagreements can be reduced when we understand hierarchy as an essential element in moral choice theory. (shrink)

If the concept of “free will” is reduced to that of “choice” all physical world share the latter quality. Anyway the “free will” can be distinguished from the “choice”: The “free will” involves implicitly certain preliminary goal, and the choice is only the mean, by which it can be achieved or not by the one who determines the goal. Thus, for example, an electron has always a choice but not free will unlike a human possessing (...) both. Consequently, and paradoxically, the determinism of classical physics is more subjective and more anthropomorphic than the indeterminism of quantum mechanics for the former presupposes certain deterministic goal implicitly following the model of human freewill behavior. The choice is usually linked to very complicated systems such as human brain or society and even often associated with consciousness. In its background, the material world is deterministic and absolutely devoid of choice. However, quantum mechanics introduces the choice in the fundament of physical world, in the only way, in which it can exist: All exists in the “phase transition” of the present between the uncertain future and the well-ordered past. Thus the present is forced to choose in order to be able to transform the coherent state of future into the well-ordering of past. The concept of choice as if suggests that there is one who chooses. However quantum mechanics involves a generalized case of choice, which can be called “subjectless”: There is certain choice, which originates from the transition of the future into the past. Thus that kind of choice is shared of all existing and does not need any subject: It can be considered as a low of nature. There are a few theorems in quantum mechanics directly relevant to the topic: two of them are called “free will theorems” by their authors, Conway and Kochen, and according to them: “Do we really have free will, or, as a few determined folk maintain, is it all an illusion? We don’t know, but will prove in this paper that if indeed there exist any experimenters with a modicum of free will, then elementary particles must have their own share of this valuable commodity” “The import of the free will theorem is that it is not only current quantum theory, but the world itself that is non-deterministic, so that no future theory can return us to a clockwork universe”. Those theorems can be considered as a continuation of the so-called theorems about the absence of “hidden variables” in quantum mechanics. (shrink)

This contribution focuses on what type of question “Are mental disorders brain disorders?” is and what task Anneli Jefferson performs in her book with the same title. I distinguish between conceptual engineering and conceptual choice, the former involving the individuation of an adequate concept for a specific goal, and the latter involving the normative problem of whether we should employ the concept at hand. I contend that Anneli Jefferson’s book is a work of conceptual engineering, which is (...) valuable in and of itself, but that this is insufficient to answer an equally essential version of the question, “Are mental disorders brain disorders?”, namely, whether we should adopt the newly engineered concept or not, considering a broader range of goals for mental health research and practice. (shrink)

Determinism seems to rule out a robust sense of options but also prevent our choices from being a matter of luck. In this way, free will seems to require both the truth and falsity of determinism. If the concept of free will is coherent, something must have gone wrong. I offer a diagnosis on which this puzzle is due at least in part to a tension already present in the very idea of free will. I provide various lines of (...) support for this hypothesis, including some experimental data gathered by probing the judgments of non-specialists. (shrink)

Many fields (social choice, welfare economics, recommender systems) assume people express what benefits them via their 'revealed preferences'. Revealed preferences have well-documented problems when used this way, but are hard to displace in these fields because, as an information source, they are simple, universally applicable, robust, and high-resolution. In order to compete, other information sources (about participants' values, capabilities and functionings, etc) would need to match this. I present a conception of values as *attention policies resulting from constitutive judgements*, (...) and use it to build an alternative preference relation, Meaningful Choice, which retains many desirable features of revealed preference. (shrink)

The paper discusses the sense in which the changes undergone by normative economics in the twentieth century can be said to be progressive. A simple criterion is proposed to decide whether a sequence of normative theories is progressive. This criterion is put to use on the historical transition from the new welfare economics to social choice theory. The paper reconstructs this classic case, and eventually concludes that the latter theory was progressive compared with the former. It also briefly comments (...) on the recent developments in normative economics and their connection with the previous two stages. (Published Online April 18 2006) Footnotes1 This paper suspersedes an earlier one entitled “Is There Progress in Normative Economics?” (Mongin 2002). I thank the organizers of the Fourth ESHET Conference (Graz 2000) for the opportunity they gave me to lecture on this topic. Thanks are also due to J. Alexander, K. Arrow, A. Bird, R. Bradley, M. Dascal, W. Gaertner, N. Gravel, D. Hausman, B. Hill, C. Howson, N. McClennen, A. Trannoy, J. Weymark, J. Worrall, two annonymous referees of this journal, and especially the editor M. Fleurbaey, for helpful comments. The editor's suggestions contributed to determine the final orientation of the paper. The author is grateful to the LSE and the Lachmann Foundation for their support at the time when he was writing the initial version. (shrink)

In her paper, “The Non-Governing Conception of Laws,” Helen Beebee argues that it is not a conceptual truth that laws of nature govern, and thus that one need not insist on a metaphysical account of laws that makes sense of their governing role. I agree with the first point but not the second. Although it is not a conceptual truth, the fact that laws govern follows straightforwardly from an important (though under-appreciated) principle of scientific theory choice combined with a (...) highly plausible claim about the connection between scientific theory choice and theory choice in metaphysics. I present and defend this argument and then show how the resulting understanding of governance gives rise to an especially strong version of recent explanatory circularity arguments against Humeanism about laws of nature. Finally, I present three options for a further understanding of the governance relation that are compatible with my argument. (shrink)

Concept Progress is a fusion of science fiction and philosophy. It is a thesis on metaphysics that stretches beyond the scope of modern science and scratches many of our curious itches. The thesis is complemented by short and loosely tied sci-fi stories that make its conceptualizations come to life. ​ The central theme throughout is that progress is a driving force in human evolution. This recurring viewpoint has previously stirred much debate. However, as we escalate through the twenty-first century, (...) the evidence is plentiful. Concept Progress offers a fresh perspective into the topic, citing humanity's ongoing accomplishments as a convincing piece of that evidence. In the book, we celebrate ourselves for our achievements, challenge our perceived limits, and conclude that progress will eventually produce the most evolved life form. In so doing, we look back to the beginning of time and circle forward to a time that is farther away than the current age of the universe. ​ While the tone of the book's body resembles that of a philosophical prose, with each chapter, the reader realizes more and more that the narrative is actually one of science fiction. The intent of the book's structure and approach is manifold. ​ First, it is safe to say that any literature that points to the future is already, by definition, a work of fiction—no matter how serious it tries to sound. Imagining future technologies, foreseeing the next stages of human evolution, and exploring the realm of the highest dimension surely makes it a science fiction. ​ Second, the book is a collection of concepts—abstract notions of the mind that reflect our grasp on certain aspects of reality. It is also a play on those concepts, exposing how our progressive understanding of these notions can gradually be transcended. Each chapter starts with a sketch of a particular concept whose humanistic yet quantum mechanical context lets us identify with it and be mystified by it. From the concepts of sound and light to the concepts of consciousness and coexistence, each concept tale depicts a personal expression of our mutual worldview. ​ Third, each one of the ten chapters concludes with a science fiction story. These stories project the theme further and subtly point to each other. As we connect the dots from one story to another, the outline reveals a world that makes us wonder whether we are headed toward its future or whether we will bypass it as an alternate universe. In one story, we meet the inventor of mind-reading technology while in another story, we meet an artificial life form that will be made possible by this technology. Yet another story is about the time-traveling mind of an astrophysicist whose life's work has impacts on whole timelines, as revealed by a different story. In the end, it all comes together with the final piece of the puzzle completing not only the short story series, but also the novel as a whole. ​ Each three-part chapter is a triad with a distinct purpose in mind. We begin the journey with our own curiosity. This basic emotion allows us to open the door to that which we are so curiously seeking. Essentially, that covers everything. In questioning the entirety of existence, we commence with the premise that it is the element of life that sends us on a quest for meaning. So we review the trend of life's evolution on Earth from its roots to the present day and follow this trend into the distant future. The process of evolutionary development leads us to a recipe for one's own personal progress, which is comprised of physical, mental, and spiritual ingredients. It soon becomes clear that a species can change only insofar as its individual members embrace this change. And we realize that our choice in the matter has impacts not only on our own future, but also on the future of everyone who shares our timeline. ​ In some ways, Concept Progress is a modern reflection of Charles Darwin's revolutionary theory of evolution. In other ways, it is an encouraging observation of our humble human existence. As we widen the time scale and follow this evolutionary trend from biological, social, and cosmic angles, the concepts of evolution and progress slowly but surely become synonymous. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

In this paper, I use interventionist causal models to identify some novel Newcomb problems, and subsequently use these problems to refine existing interventionist treatments of causal decision theory. The new Newcomb problems that make trouble for existing interventionist treatments involve so-called ‘exotic choice’—that is, decision-making contexts where the agent has evidence about the outcome of her choice. I argue that when choice is exotic, the interventionist can adequately capture causal decision-theoretic reasoning by introducing a new interventionist approach (...) to updating on exotic evidence. But I also argue that this new updating procedure is principled only if the interventionist trades in the typical interventionist conception of choice for an alternative Ramseyan conception. I end by arguing that the guide to exotic choice developed here may, despite its name, be useful in some everyday contexts. (shrink)

The social welfare functional approach to social choice theory fails to distinguish a genuine change in individual well-beings from a merely representational change due to the use of different measurement scales. A generalization of the concept of a social welfare functional is introduced that explicitly takes account of the scales that are used to measure well-beings so as to distinguish between these two kinds of changes. This generalization of the standard theoretical framework results in a more satisfactory formulation (...) of welfarism, the doctrine that social alternatives are evaluated and socially ranked solely in terms of the well-beings of the relevant individuals. This scale-dependent form of welfarism is axiomatized using this framework. The implications of this approach for characterizing classes of social welfare orderings are also considered. (shrink)

The multiple-choice video game Life is Strange was described by its French developers as a metaphor for the inner conflicts experienced by a teenager in trying to become an adult. In psychological work with adolescents, there is a stark similarity between what they experience and some concepts of existentialist philosophy. Sartre’s script for the movie Les Jeux Sont Faits (literally ‘‘games are made’’) uses the same narrative strategy as Life is Strange—the capacity for the main characters to travel back (...) in time to change their own existence—in order to stimulate philosophical, ethical, and political thinking and also to effectively simulate existential ‘‘limit situations.’’ This article is a dialogue between Sartre’s views and Life is Strange in order to examine to what extent questions such as what is freedom? what is choice? what is autonomy and responsibility? can be interpreted anew in hybrid digital–human—‘‘anthrobotic’’—environments. (shrink)

Contemporary versions of natural rights libertarianism trace their locus classicus to Robert Nozick’s Anarchy, State, and Utopia. But although there have been many criticisms of the version of political libertarianism put forward by Nozick, many of these fail objections to meet basic methodological desiderata. Thus, Nozick’s libertarianism deserves to be re-examined. In this paper I develop a new argument which meets these desiderata. Specifically, I argue that the libertarian conception of self-ownership, the view’s foundation, implies what I call the Asymmetrical (...) Value Claim: a dubious claim about the importance of choice relative to other valuable capacities. I argue that this misunderstands what is really valuable in life, and show how it causes libertarianism to generate counterintuitive public policy recommendations. (shrink)

Hilbert’s choice operators τ and ε, when added to intuitionistic logic, strengthen it. In the presence of certain extensionality axioms they produce classical logic, while in the presence of weaker decidability conditions for terms they produce various superintuitionistic intermediate logics. In this thesis, I argue that there are important philosophical lessons to be learned from these results. To make the case, I begin with a historical discussion situating the development of Hilbert’s operators in relation to his evolving program in (...) the foundations of mathematics and in relation to philosophical motivations leading to the development of intuitionistic logic. This sets the stage for a brief description of the relevant part of Dummett’s program to recast debates in metaphysics, and in particular disputes about realism and anti-realism, as closely intertwined with issues in philosophical logic, with the acceptance of classical logic for a domain reflecting a commitment to realism for that domain. Then I review extant results about what is provable and what is not when one adds epsilon to intuitionistic logic, largely due to Bell and DeVidi, and I give several new proofs of intermediate logics from intuitionistic logic+ε without identity. With all this in hand, I turn to a discussion of the philosophical significance of choice operators. Among the conclusions I defend are that these results provide a finer-grained basis for Dummett’s contention that commitment to classically valid but intuitionistically invalid principles reflect metaphysical commitments by showing those principles to be derivable from certain existence assumptions; that Dummett’s framework is improved by these results as they show that questions of realism and anti-realism are not an “all or nothing” matter, but that there are plausibly metaphysical stances between the poles of anti-realism and realism, because different sorts of ontological assumptions yield intermediate rather than classical logic; and that these intermediate positions between classical and intuitionistic logic link up in interesting ways with our intuitions about issues of objectivity and reality, and do so usefully by linking to questions around intriguing everyday concepts such as “is smart,” which I suggest involve a number of distinct dimensions which might themselves be objective, but because of their multivalent structure are themselves intermediate between being objective and not. Finally, I discuss the implications of these results for ongoing debates about the status of arbitrary and ideal objects in the foundations of logic, showing among other things that much of the discussion is flawed because it does not recognize the degree to which the claims being made depend on the presumption that one is working with a very strong logic. (shrink)

The concept of formal transcendentalism is utilized. The fundamental and definitive property of the totality suggests for “the totality to be all”, thus, its externality (unlike any other entity) is contained within it. This generates a fundamental (or philosophical) “doubling” of anything being referred to the totality, i.e. considered philosophically. Thus, that doubling as well as transcendentalism underlying it can be interpreted formally as an elementary choice such as a bit of information and a quantity corresponding to the (...) number of elementary choices to be defined. This is the quantity of information defined both transcendentally and formally and thus, philosophically and mathematically. If one defines information specifically, as an elementary choice between finiteness (or mathematically, as any natural number of Peano arithmetic) and infinity (i.e. an actually infinite set in the meaning of set theory), the quantity of quantum information is defined. One can demonstrate that the so-defined quantum information and quantum information standardly defined by quantum mechanics are equivalent to each other. The equivalence of the axiom of choice and the well-ordering “theorem” is involved. It can be justified transcendentally as well, in virtue of transcendental equivalence implied by the totality. Thus, all can be considered as temporal as far anything possesses such a temporal counterpart necessarily. Formally defined, the frontier of time is the current choice now, a bit of information, furthermore interpretable as a qubit of quantum information. (shrink)

In Fredericks (2018b), I argued that we can be morally responsible for our concepts if they are mental representations. Here, I make a complementary argument for the claim that even if concepts are abstract objects, we can be morally responsible for coming to grasp and for thinking (or not thinking) in terms of them. As before, I take for granted Angela Smith's (2005) rational relations account of moral responsibility, though I think the same conclusion follows from various other accounts. My (...) strategy is to focus on the relations that can obtain between concepts (understood as abstract objects) and morally responsible agents. I conclude by discussing some of the reasons why my arguments matter, which have to do with consequential choices between conceptual options, purposefully seeking out concepts that are new to us, and moral education. (shrink)

At the core of the recent debate over moral debunking arguments is a disagreement between explanationist and modalist approaches. Explanationists think that the lack of an explanatory connection between our moral beliefs and the moral truths, given a non-naturalist realist conception of morality, is a reason to reject non-naturalism. Modalists disagree. They say that, given non-naturalism, our beliefs have the appropriate modal features with respect to truth -- in particular they are safe and sensitive -- so there is no problem. (...) -/- There is something of a stand-off here. I argue, though, that by looking at the role explanatory and modal factors have to play in theory choice more generally, and, in particular, by considering the practice of theory choice in science, we can see that the explanationist is right. The lack of an explanatory connection between our moral beliefs and the moral truths is a reason to reject non-naturalist realism about morality. (shrink)

In this paper, we engage with the question of the normative content of the resilience concept. The issues are approached in two consecutive steps. First, we proceed from a narrow construal of the resilience concept – as the ability of a system to absorb a disturbance – and show that under an analysis of normative concepts as evaluative concepts resilience comes out as descriptive. In the second part of the paper, we argue that (1) for systems of interest (...) (primarily social systems or system with a social component) we seem to have options with respect to how they are described and (2) that this matters for what is to be taken as a sign of resilience as opposed to a sign of the lack of resilience for such systems. We discuss the implications of this for how the concept should be applied in practice and suggest that users of the resilience concept face a choice between versions of the concept that are either ontologically or normatively charged. (shrink)

Two experiments with undergraduates as subjects were carried out with the aim of replicating and extending previous results showing that the implication of the behavioral life-cycle hypothesis (H. M. Shefrin & R. H. Thaler, 1988) that people classify assets in different mental accounts (current income, current assets, and future income) may explain how consumption choices are influenced by temporary income changes. In both experiments subjects made fictitious choices between paying for a good in cash or according to a more expensive (...) installment plan after they had received an income which was either less, the same, or larger than usual. In Experiment 1 subjects were supposed to have savings so that the total assets were equal, whereas in Experiment 2 the total assets varied. The results of both experiments supported the role of mental accounts in demonstrating that subjects were unwilling to pay in cash after an income decrease even though they had access to saved money. Thus, in effect they chose to pay more for the good than they had to. Indicating a need for further refinement of the concept of mental account, choices to pay in cash after an income decrease tended to be more frequent when the consumption and savings motives were compatible than when they were incompatible. Furthermore, increasing the total assets made subjects more willing to pay in cash after an income decrease. (shrink)

Some authors have analyzed the Islamic concept of education in parallel to the assumed contrast between Islam and the liberal tradition. Hence, given the latter’s rationalist tendencies, an almost indoctrinatory essence is assumed for the Islamic concept of education. However, we argue that rationality is involved in all elements of the Islamic concept of education. There might be some differences between the Islamic and liberal conceptions of rationality, but these are not so sharp that the derivative Islamic (...) concept of education can be equated with indoctrination. We suggest an Islamic concept of education that includes three basic elements: knowledge, choice, and action. Then, we show that, according to the Islamic texts, these elements have a background of wisdom. (shrink)

Volition and Allied Causal Concepts is a work of aetiology and metapsychology. Aetiology is the branch of philosophy and logic devoted to the study of causality (the cause-effect relation) in all its forms; and metapsychology is the study of the basic concepts common to all psychological discourse, most of which are causal. Volition (or free will) is to be distinguished from causation and natural spontaneity. The latter categories, i.e. deterministic causality and its negation, have been treated in a separate work, (...) The Logic of Causation. Volition may be characterized as personal causality, a relation between an agent (the self or soul) and his actions (acts of will). Unlike causation, this relation cannot be entirely defined using conditional (if–then) propositions. Although we can say that the agent is a sine qua non of his actions, we cannot say that the agent is invariably (in all or specific circumstances) followed by his actions. It appears that both an act of will and its negation remain possible to a soul in any given set of circumstances. This defines freedom of the will, and implies the responsibility of the agent for his actions. Introspection provides knowledge of particular acts of will. The existence of freewill implies a distinction between necessary causation (determinism independent of volition) and inertial causation (determinism, except when some contrary will interferes). An act of will occurs on a spiritual plane. It may have natural (mental or physical) consequences; those that inevitably follow it may be regarded as directly willed, whereas those that vary according to circumstances must be considered indirectly willed. Volition presupposes some degree of consciousness. So-called involuntary acts of will involve a minimum of attention, whereas mindful acts are fully conscious. Even pure whim involves intention. Most volitions moreover involve valuation, some sort of projection of goals, deliberation on means, choice and decision. To judge responsibility, various distinctions are called for, like that between intentional, incidental and accidental consequences. Volitional action can be affected through the terms and conditions of the world surrounding its agent, but also more intimately through the influence of concrete or abstract aspects of that world that the subject has cognized. The causal concept of influence, and its implication of cognition (of inner or outer information, including emotions), are crucial to measuring the effort involved in volition. Influences make willing easier or harder, yet do not curtail its essential freedom. All the causal concepts used in psychological explanation – affections, appetites, instincts, habits, obsessions, compulsions, urges and impulses – can be elucidated thanks to this important finding. Much of human (and animal) behavior can thus be both acknowledged as volitional and as variously influenced. Volition and Allied Causal Concepts is a work of ambitious scope, intent on finally resolving philosophical and logical issues that have always impeded progress in psychology. It clarifies the structure and workings of the psyche, facilitating hygienic and therapeutic endeavors. The relation between volition and physical laws is discussed, as is the place of volition in biology. Concepts used in biology, analogous to that of purpose, are incidentally analyzed. Theological issues are also dealt with, as are some topics in ethics and law. (shrink)

Some parents have taken steps to ensure that they have deaf children, a choice that contrasts with the interest that other parents have in enhancing the traits of their children. Julian Savulescu has argued that, morally speaking, parents have a duty to use assisted reproductive technologies to give their children the best opportunity of the best life. This view extends beyond that which is actually required of parents, which is only that they give children reasonable opportunities to form and (...) act on a conception of a life that is good for them. Does the selection of deaf children violate that responsibility? Morally speaking, parents should refrain from using assisted reproductive treatments or prenatal interventions in order to have a child with a disability. Deafness and other disabilities represent intrinsic disadvantages that cannot be offset by other advantages that families and society can offer to people. By the same token, neither should parents seek enhancements of intelligence or physical traits that would undercut intrinsic goods of human life in similar ways. These moral arguments do not, however, sustain the judgment that the law should necessarily interfere with parents' decisions in these matters, even if those choices are morally unwise. (shrink)

In To be is to be the object of a possible act of choice the authors defended Boolos’ thesis that plural quantification is part of logic. To this purpose, plural quantification was explained in terms of plural reference, and a semantics of plural acts of choice, performed by an ideal team of agents, was introduced. In this paper, following that approach, we develop a theory of concepts that—in a sense to be explained—can be labeled as a theory of (...) logical concepts. Within this theory, we propose a new logicist approach to natural numbers. Then, we compare our logicism with Frege’s traditional logicism. (shrink)

Leibniz said that the universe, if God-created, would exist at a unique, conjoint, physical maximum: Of all possible worlds, it would be richest in phenomena, but its richness would arise from the simplest physical laws and initial conditions. Using concepts of ‘‘variety’’ and algorithmic informational complexity, Leibniz’ claim can be reframed as a testable theory. This theory predicts that the laws and conditions of the actual universe should be simpler, and the universe richer in phenomena, than the presence of observers (...) would require. Tegmark has shown that inhabitants of an infinite multiverse would likely observe simple laws and conditions, but also phenomenal richness just great enough to explain their existence. Empirical observations fit the claim of divine choice better than the claim of an infinite multiverse. The future of the universe, including its future information-processing capacity, is predicted to be endless. -/- . (shrink)

Nudge is a concept of policy intervention that originates in Thaler and Sunstein's (2008) popular eponymous book. Following their own hints, we distinguish three properties of nudge interventions: they redirect individual choices by only slightly altering choice conditions (here nudge 1), they use rationality failures instrumentally (here nudge 2), and they alleviate the unfavourable effects of these failures (here nudge 3). We explore each property in semantic detail and show that no entailment relation holds between them. This calls (...) into question the theoretical unity of nudge, as intended by Thaler and Sunstein and most followers. We eventually recommend pursuing each property separately, both in policy research and at the foundational level. We particularly emphasize the need of reconsidering the respective roles of decision theory and behavioural economics to delineate nudge 2 correctly. The paper differs from most of the literature in focusing on the definitional rather than the normative problems of nudge. (shrink)

The thesis deals with the concept of truth and the paradoxes of truth. Philosophical theories usually consider the concept of truth from a wider perspective. They are concerned with questions such as - Is there any connection between the truth and the world? And, if there is - What is the nature of the connection? Contrary to these theories, this analysis is of a logical nature. It deals with the internal semantic structure of language, the mutual semantic connection (...) of sentences, above all the connection of sentences that speak about the truth of other sentences and sentences whose truth they speak about. Truth paradoxes show that there is a problem in our basic understanding of the language meaning and they are a test for any proposed solution. It is important to make a distinction between the normative and analytical aspect of the solution. The former tries to ensure that paradoxes will not emerge. The latter tries to explain paradoxes. Of course, the practical aspect of the solution is also important. It tries to ensure a good framework for logical foundations of knowledge, for related problems in Artificial Intelligence and for the analysis of the natural language. Tarski’s analysis emphasized the T-scheme as the basic intuitive principle for the concept of truth, but it also showed its inconsistency with the classical logic. Tarski’s solution is to preserve the classical logic and to restrict the scheme: we can talk about the truth of sentences of a language only inside another essentially richer metalanguage. This solution is in harmony with the idea of reflexivity of thinking and it has become very fertile for mathematics and science in general. But it has normative nature | truth paradoxes are avoided in a way that in such frame we cannot even express paradoxical sentences. It is also too restrictive because, for the same reason we cannot express a situation in which there is a circular reference of some sentences to other sentences, no matter how common and harmless such a situation may be. Kripke showed that there is no natural restriction to the T-scheme and we have to accept it. But then we must also accept the riskiness of sentences | the possibility that under some circumstances a sentence does not have the classical truth value but it is undetermined. This leads to languages with three-valued semantics. Kripke did not give any definite model, but he gave a theoretical frame for investigations of various models | each fixed point in each three-valued semantics can be a model for the concept of truth. The solutions also have normative nature | we can express the paradoxical sentences, but we escape a contradiction by declaring them undetermined. Such a solution could become an analytical solution only if we provide the analysis that would show in a substantial way that it is the solution that models the concept of truth. Kripke took some steps in the direction of finding an analytical solution. He preferred the strong Kleene three-valued semantics for which he wrote it was "appropriate" but did not explain why it was appropriate. One reason for such a choice is probably that Kripke finds paradoxical sentences meaningful. This eliminates the weak Kleene three valued semantics which corresponds to the idea that paradoxical sentences are meaningless, and thus indeterminate. Another reason could be that the strong Kleene three valued semantics has the so-called investigative interpretation. According to this interpretation, this semantics corresponds to the classical determination of truth, whereby all sentences that do not have an already determined value are temporarily considered indeterminate. When we determine the truth value of these sentences, then we can also determine the truth value of the sentences that are composed of them. Kripke supplemented this investigative interpretation with an intuition about learning the concept of truth. That intuition deals with how we can teach someone who is a competent user of an initial language (without the predicate of truth T) to use sentences that contain the predicate T. That person knows which sentences of the initial language are true and which are not. We give her the rule to assign the T attribute to the former and deny that attribute to the latter. In that way, some new sentences that contain the predicate of truth, and which were indeterminate until then, become determinate. So the person gets a new set of true and false sentences with which he continues the procedure. This intuition leads directly to the smallest fixed point of strong Kleene semantics as an analytically acceptable model for the logical notion of truth. However, since this process is usually saturated only on some transfinite ordinal, this intuition, by climbing on ordinals, increasingly becomes a metaphor. This thesis is an attempt to give an analytical solution to truth paradoxes. It gives an analysis of why and how some sentences lack the classical truth value. The starting point is basic intuition according to which paradoxical sentences are meaningful (because we understand what they are talking about well, moreover we use it for determining their truth values), but they witness the failure of the classical procedure of determining their truth value in some "extreme" circumstances. Paradoxes emerge because the classical procedure of the truth value determination does not always give a classically supposed (and expected) answer. The analysis shows that such an assumption is an unjustified generalization from common situations to all situations. We can accept the classical procedure of the truth value determination and consequently the internal semantic structure of the language, but we must reject the universality of the exterior assumption of a successful ending of the procedure. The consciousness of this transforms paradoxes to normal situations inherent to the classical procedure. Some sentences, although meaningful, when we evaluate them according to the classical truth conditions, the classical conditions do not assign them a unique value. We can assign to them the third value, \undetermined", as a sign of definitive failure of the classical procedure. An analysis of the propagation of the failure in the structure of sentences gives exactly the strong Kleene three-valued semantics, not as an investigative procedure, as it occurs in Kripke, but as the classical truth determination procedure accompanied by the propagation of its own failure. An analysis of the circularities in the determination of the classical truth value gives the criterion of when the classical procedure succeeds and when it fails, when the sentences will have the classical truth value and when they will not. It turns out that the truth values of sentences thus obtained give exactly the largest intrinsic fixed point of the strong Kleene three-valued semantics. In that way, the argumentation is given for that choice among all fixed points of all monotone three-valued semantics for the model of the logical concept of truth. An immediate mathematical description of the fixed point is given, too. It has also been shown how this language can be semantically completed to the classical language which in many respects appears a natural completion of the process of thinking about the truth values of the sentences of a given language. Thus the final model is a language that has one interpretation and two systems of sentence truth evaluation, primary and final evaluation. The language through the symbol T speaks of its primary truth valuation, which is precisely the largest intrinsic fixed point of the strong Kleene three valued semantics. Its final truth valuation is the semantic completion of the first in such a way that all sentences that are not true in the primary valuation are false in the final valuation. (shrink)

This chapter provides an interpretation of the early Heidegger’s underdeveloped conception of the undistinguishedness of everyday human existence in Being and Time. After explaining why certain translation choices of some key terms in this text are interpretively and philosophically important, I first provide a concise argument for why the social constitution interpretation of the relation between ownedness and unownedness makes better overall sense of Heidegger’s ambivalent attitude toward the social constitution of the human being than the standard existentialist interpretation of (...) this relation. I then proceed to the heart of this chapter, which develops his inchoate conception of the undistinguishedness of everydayness by arguing that it specifies the third distinctive mode of concrete human existence in addition to ownedness and unownedness. Accordingly, I show how unownedness is actually a generic phenomenon with two distinct species, namely, undistinguishedness and disownedness, which are at once closely related to, but also differ in significant respects from, each other. Consequently, instead of taking for granted a one-dimensional and mutually exclusive opposition between ‘authenticity’ and ‘inauthenticity’, I argue that we should adopt a two-dimensional and more nuanced understanding of the relations among undistinguishedness, disownedness, and ownedness that intersects with Heidegger’s underappreciated distinction between genuineness and ungenuineness. After raising and replying to some objections to this interpretation of undistinguishedness, I conclude this chapter by briefly sketching three of its philosophical consequences and pointing out its potential as an important resource for contemporary social theories. (shrink)

IN her work on the distinction between freedom and voluntariness, Serena Olsaretti suggests the following definition of voluntary action: an action is voluntary if it is not non-voluntary, and non-voluntary if it is performed because there are no acceptable alternatives, where ‘acceptable’ means conforming to some objective standard (which Olsaretti suggests might be well-being). Olsaretti suggests that ascriptions of responsibility are underwritten by judgments of voluntariness, rather than freedom. Also, Olsaretti notes that a concern for voluntary choice might be (...) grounded in respect for autonomy. So, two important questions in political philosophy – when an agent is responsible for her actions and what we must do if we want agents to live autonomous lives – hang upon whether Olsaretti's account of voluntariness is correct once it has been developed in detail. This article is a contribution to that development. I show that well-informedness about our options is crucial to whether we act voluntarily or not, and I argue that we should restrict the scope of what we consider relevantly unacceptable to include only things which involve serious prudential harm. Inevitably there are some questions left unanswered, but what follows indicates what I take to be the strongest form of Olsaretti's theory, and one which can play the role described for it above. (shrink)

[ENGLISH] This article discusses the potential of synthetic biology to address fundamental questions in the philosophy of biology regarding the nature of life and biological functions. Synthetic biology aims to reduce living organisms to their simplest forms by identifying the minimal components of a cell and also to create novel life forms through genetic reprogramming, biobrick assembly, or novel proteins. However, the technical success of these endeavors does not guarantee their conceptual success in defining life. There is a lack of (...) consensus among researchers on how to define and classify the entities produced in the lab, whether they should be considered living or categorized differently. The criteria for minimal cells and minimal life are subject to arbitrary choices and varying interpretations. The concept of function, crucial to synthetic biology, is also difficult to define. The article highlights the need to consider the minimal set of functions that characterize life before determining the smallest genomes that code for those functions. The arbitrary nature of defining both life and function complicates the understanding and classification of these entities. The article suggests that the traditional dichotomy between the living and the non-living may no longer be valid and that the concept of life itself may not require precise scientific definition. As synthetic biology advances, the article emphasizes the importance of redefining or constructing new categories to encompass the expanding possibilities and creations in the field. The ability to create new life forms raises questions about recognition, identification, and ethical implications, requiring a conceptual and philosophical engagement beyond the technical achievements of synthetic biology. -/- [FRENCH] L'article aborde le potentiel de la biologie synthétique pour répondre à des questions fondamentales de la philosophie de la biologie concernant la nature de la vie et des fonctions biologiques. La biologie synthétique vise à réduire les organismes vivants à leurs formes les plus simples en identifiant les composants minimaux d'une cellule et à créer de nouvelles formes de vie grâce à la reprogrammation génétique, à l'assemblage de biobriques ou à des protéines nouvelles. Cependant, le succès technique de ces approches ne garantit pas leur réussite conceptuelle dans la définition de la vie. Il n'y a pas de consensus parmi les chercheurs sur la façon de définir et de classer les entités produites en laboratoire, qu'elles doivent être considérées comme vivantes ou catégorisées différemment. Les critères des cellules minimales et de la vie minimale sont soumis à des choix arbitraires et à des interprétations variables. La notion de fonction, essentielle en biologie synthétique, est également difficile à définir. L'article met en évidence la nécessité de prendre en compte l'ensemble minimal de fonctions qui caractérisent la vie avant de déterminer les plus petits génomes qui codent ces fonctions. La nature arbitraire de la définition de la vie et de la fonction complique la compréhension et la classification de ces entités. L'article suggère que la dichotomie traditionnelle entre le vivant et le non-vivant pourrait ne plus être valable et que le concept même de vie ne nécessite pas une définition scientifique précise. À mesure que la biologie synthétique progresse, l'article souligne l'importance de redéfinir ou de construire de nouvelles catégories pour englober les possibilités et créations croissantes dans le domaine. La capacité à créer de nouvelles formes de vie soulève des questions de reconnaissance, d'identification et d'implications éthiques, nécessitant une réflexion conceptuelle et philosophique au-delà des avancées techniques de la biologie synthétique. (shrink)

Following an Open conception of Divine Foreknowledge, that holds that man is endowed with genuine freedom and so the future is not definitely determined, it will be claimed that human freedom does not limit the divine power, but rather enhances it and presents us with a barrier against arbitrary use of that power. This reading will be implemented to reconcile a well-known quarrel between two important interpreters of Duns Scotus, Allan B. Wolter and Thomas Williams, each of whom supports a (...) different interpretation of the way God acts according to right reason. (shrink)

The paper is about Kant’s moral psychology, a complex analysis and philosophical reflection on the tension of human will as arbitrium sensitivum in acting consistently as ratio essendi. It explores the tension of fallibility of the human will. In Kant’s notion of practical freedom he points to the dynamics of the will—Wille and Willkur—and how it creates tension between choice and culpability. This occurs specifically in the Willkur’s function as the arbiter. I explore the impact of Willkur’s arbitration in (...) self-determination, especially the important call of obedience to the Wille. I conclude with an emphasis on the challenge for Kantian will to operate towards unity which enables the agent to be authentically autonomous. (shrink)

When modern economists use the notions of sympathy or empathy, they often claim that their ideas have their roots in Adam Smith's Theory of Moral Sentiments, while sometimes complaining that Smith fails to distinguish clearly enough between the two concepts. Recently, Philippe Fontaine has described various forms of sympathy and empathy, and has explored their respective roles in Smith's work. My objective in this paper is to argue that Smith's analysis of how people's sentiments impinge on one another involves a (...) concept of fellow-feeling that is distinct from both sympathy and empathy. Unlike sympathy and empathy, fellow-feeling does not fit into the ontological framework of rational choice theory – which may explain why it tends to be overlooked by modern readers of Smith. (shrink)

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