The paper deals with the beginning and the main properties of the science of nature (he peri physeos historiê). According to Themistius (DK 12 A 7), the founder of this kind of Ionic philosophy is Anaximander of Miletus because he was the first who wrote about nature (especially a cosmography and a cosmogony) and developed three main principles of nature: 1. Nature has a mathematical structure (Arist. De coelo I3 295b10-14.32); 2. nature has a physical structure (DK 12 A 10-11); (...) and 3. nature follows natural laws (DK 12 A 9). The origin of this introduction lies in the prolongation of primitive expectations of constancy. It is especially argued that the shift from mythos to logos is characterized by the depersonalization of nature and the introduction of theoretical terms. In fact, the "apeiron" of Anaximander seems to be something similar to a theoretical term, because Anaximander seems to have realized that the explanans of nature cannot be one of its explananda like water (Thales) or air (Anaximenes). (shrink)

Einstein structured the theoretical frame of his work on gravity under the Special Relativity and Minkowski´s spacetime using three guide principles: The strong principle of equivalence establishes that acceleration and gravity are equivalents. Mach´s principle explains the inertia of the bodies and particles as completely determined by the total mass existent in the universe. And, general covariance searches to extend the principle of relativity from inertial motion to accelerated motion. Mach´s principle was abandoned quickly, general covariance resulted mathematical property of (...) the tensors and principle of equivalence inconsistent and it can only apply to punctual gravity, no to extended gravity. Also, the basic principle of Special Relativity, i.e., the constancy of the speed of the electromagnetic wave in the vacuum was abandoned, static Minkowski´s spacetime was replaced to dynamic Lorentz´s manifold and the main conceptual fundament of the theory, i.e. spacetime is not known what is. Of other hand, gravity never was conceptually defined; neither answers what is the law of gravity in general. However, the predictions arise of Einstein equations are rigorously exacts. Thus, the conclusion is that on gravity, it has only the equations. In this work it shows that principle of equivalence applies really to punctual and extended gravity, gravity is defined as effect of change of coordinates although in the case of the extended gravity with change of geometry from Minkowski´s spacetime to Lorentz´s manifold; and the gravitational motion is the geodesic motion that well it can declare as the general law of gravity. (shrink)

My departed point is the assessment that plurality in broadest sense characterizing any post- (for example: post-modernity, post-metaphysical, etc.) context is first of all plurality of whole. We may speak about wholes, movement of whole, and lack of any universal whole. Part do not already belongs to whole implicitly granted and common of all other parts. Now we may speak of parts in another relation: non of parts as parts of some common of all parts whole, but parts of difference (...) wholes, and at the same time without any universal whole common of all the wholes. The paper is devoted concretely to the influence of such a comprehension of whole upon some basic notion of physics (especially quantum mechanics and information, relativity) and mathematics, namely probability, set, movement,time. Their changes exert influence upon the fundamental pbilosophical concepts of being and time, knowledge and being-in-the-world. The new conception of fractal, and its meaning in philosophy points out, too. Constancy and always existing of whole is equivalent to Newton time, energy conservation law, local realism and ''hidden parameters" of any correlations, a union of sets exists always if the two sets are granted. (shrink)

Hume’s argument against believing the testimony of miracles is the most influential treatment of the topic, but there is not yet a consensus on how to interpret his argument. Two arguments are attributed to him. First, Hume seems to start with the infrequency of miracles and uses this to infer that the testimony of a miracle is exceedingly unlikely, and this then creates strong but defeasible evidence against the testimony of any miracle. Second, perhaps Hume takes the constancy of our (...) experience of the laws of nature as decisive or indefeasible evidence against the testimony of any miracle. I explain the basis for each of these interpretations of Hume’s argument, and then develop a novel criticism of his view: namely, any inductive inference depends on the relevant similarity between the observed and the unobserved, but we may have reason for thinking that purported miracles are not relevantly similar, and thus our past experience cannot be used as reliable evidence about the testimony of (some) miracles. (shrink)

This article examines Machiavelli’s image of humanity. It argues against the prevailing views that characterize it either as pessimistic or optimistic and defends the thesis that the Florentine has a realist image of humanity. Machiavelli is a psychological egoist who conceives of man as a being whose actions are motivated by his drives, appetites, and passions, which lead him often to immoral behavior. Man’s main drives are “ambition” (ambizione) and “avarice” (avarizia). This article also investigates Machiavelli’s concept of nature and (...) shows that, for him, the constancy of human nature is the central premise that makes the scientific analysis of politics possible. Despite the fact that human drives and capabilities are the same at all times, good laws, military training, and religion allow man to be changed and educated toward “virtue” (virtù). To make such changes in man, however, presupposes a good legal and political order. Machiavelli justifies the state because of its capacity to reshape human nature and to improve man. The state is not only a coercive power but a moral institution. This leads to the conclusion that Machiavelli does not separate politics from morality as most scholars claim. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

The dependence solution claims that God’s foreknowledge is no threat to our freedom because God’s foreknowledge depends (in a relevant sense) on our actions. The assumption here is that those parts of the world which depend on our actions are no threat to the freedom of those actions. Recently, Taylor Cyr has presented a case which challenges this assumption. Moreover, since the case is analogous to the case of God’s foreknowledge, it would seem to establish that, even if God’s foreknowledge (...) somehow depends on our actions, our freedom is still threatened. This paper defends the dependence solution, first, by offering an error theory for the intuitions that drive Cyr’s case and, second, by pointing out some arguably mysterious implications of accepting those intuitions. These points taken in conjunction show that Cyr’s case, although quite fascinating, is not as challenging as it might at first seem. (shrink)

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

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

In Mengzi 6A4, Gaozi states that “yì 義 (propriety, rightness) is external, not internal.” In 6A5, Meng Jizi says of yì that “...it is on the external, not from the internal.” Their defenses are met with Mengzi’s resistance. What does he perceive and resist in these statements? Focusing on several key passages, I compare six promising interpretations. 6A4 and a relevant part of 2A2 can be rendered comparably sensible under each of the six. However, what Gaozi says in 6A1 clearly (...) is evidence to Mengzi that, of the six views, Gaozi holds three although he does not convey them in his statement. As for Meng Jiz’s defense of his statement, Meng Jizi cites a special occasion where one is required to act one way even though one would feel a different way. Mengzi’s response has been traditionally interpreted as boiling down to a dissenting opinion about empirical psychology, that the agent on that special occasion would in fact feel the same way as they ought to act. But on a more charitable reading, the point Mengzi makes is conceptual: Though the satisfaction of yì may not require that the feeling and the act align perfectly in this case, cases where the alignment obtains are conceptually prior. This not only refutes Meng Jizi’s statement but also enables a more elegant explanation of why the Mengzi rightly has no record of Mengzi affirming that yì is internal. I conclude that 6A5 itself uniquely favors one interpretation, as far as Meng Jizi’s position is concerned: How one feels is irrelevant to whether one satisfies yì. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

This article shows that in 1.4.2.15-24 of the Treatise of Human Nature, Hume presents his own position on objects, which is to be distinguished from both the vulgar and philosophical conception of objects. Here, Hume argues that objects that are effectively imagined to have a “perfect identity” are imagined due to the constancy and coherence of our perceptions (what we may call ‘level 1 constancy and coherence’). In particular, we imagine that objects cause such perceptions, via what I call ‘indirect (...) causation.’ In virtue of imagining ideas of objects that have a perfect identity, our perceptions seem to be even more constant and coherent (what we may call ‘level 2 constancy and coherence’). Thus, in addition to seeing that Hume is presenting his own position on objects in this section of the Treatise, we see that he is working with a previously unrecognized kind of causation, i.e., indirect causation, and that he has two kinds of constancy and coherence in mind: level 1 and level 2. (shrink)

In this essay, we draw on John Haugeland’s work in order to argue that Burge is wrong to think that exercises of perceptual constancy mechanisms suffice for perceptual representation. Although Haugeland did not live to read or respond to Burge’s Origins of Objectivity, we think that his work contains resources that can be developed into a critique of the very foundation of Burge’s approach. Specifically, we identify two related problems for Burge. First, if (what Burge calls) mere sensory responses are (...) not representational, then neither are exercises of constancy mechanisms, since the differences between them do not suffice to imply that one is representational and the other is not. Second, taken by themselves, exercises of constancy mechanisms are only derivatively representational, so merely understanding how they work is not sufficient for understanding what is required for something, in itself, to be representational (and thereby provide a full solution to the problem of perceptual representation). (shrink)

A quarter of a century ago, the first systematic behavioral experiments were performed to clarify the nature of color constancy—the effect whereby the perceived color of a surface remains constant despite changes in the spectrum of the illumination. At about the same time, new models of color constancy appeared, along with physiological data on cortical mechanisms and photographic colorimetric measurements of natural scenes. Since then, as this review shows, there have been many advances. The theoretical requirements for constancy have been (...) better delineated and the range of experimental techniques has been greatly expanded; novel invariant properties of images and a variety of neural mechanisms have been identified; and increasing recognition has been given to the relevance of natural surfaces and scenes as laboratory stimuli. Even so, there remain many theoretical and experimental challenges, not least to develop an account of color constancy that goes beyond deterministic and relatively simple laboratory stimuli and instead deals with the intrinsically variable nature of surfaces and illuminations present in the natural world. (shrink)

I argue for the following claims: (1) A core Husserlian account of perceptual constancy needs to be given in terms of indicative future-oriented conditionals but can be complemented by a counterfactual account; (2) thus conceived, constancy is a necessary aspect of content. I speak about a “core Husserlian” account so as to capture certain ideas that Michael Madary has presented as the core of Edmund Husserl's approach to perceptual constancy, viz., that “perception is partly constituted by the continuous interplay of (...) intention and fulfilment” and that this “gives us a way to understand the relationship between different appearances of the same object” (See Madary, M. (2012) “Husserl on Perceptual Constancy.” European Journal of Philosophy 20(1): 145–165.). I take myself to be developing, and perhaps correcting, Madary's view as I discuss the role of the core Husserlian ideas, and counterfactuals, in accounting for shape and color constancy, respectively. I bridge constancy and fulfilment-conditional content by appealing to the Husserlian notion of constitution, which captures the process in which objectivity and, correlatively, intentional experience, are built up in the experiential flow. (shrink)

In this journal, Schulte develops a novel solution to the problem of distal content: by virtue of what is a mental representation about a distal object rather than a more proximal cause of that representation? Schulte maintains that in order for a representation to have a distal content, it must be produced by a constancy mechanism, along with two other conditions. I raise three objections to his solution. First, a core component of Schulte's solution is just a restrictive version of (...) Dretske's solution, but Schulte gives no argument for his restriction. Second, his proposed solution to a disjunction problem is ad hoc. Finally, his ‘far-out’ version of the distality problem is not a version of the distality problem at all. I conclude that Dretske's solution is preferable to Schulte's. (shrink)

Naive observers viewed a sequence of colored Mondrian patterns, simulated on a color monitor. Each pattern was presented twice in succession, first under one daylight illuminant with a correlated color temperature of either 16,000 or 4,000 K and then under the other, to test for color constancy. The observers compared the central square of the pattern across illuminants, either rating it for sameness of material appearance or sameness of hue and saturation or judging an objective property—that is, whether its change (...) of color originated from a change in material or only from a change in illumination. Average color constancy indices were high for material appearance ratings and binary judgments of origin and low for hue–saturation ratings. Individuals’ performance varied, but judgments of material and of hue and saturation remained demarcated. Observers seem able to separate phenomenal percepts from their ontological projections of mental appearance onto physical phenomena; thus, even when a chromatic change alters perceived hue and saturation, observers can reliably infer the cause, the constancy of the underlying surface spectral reflectance. (shrink)

This paper resolves a paradox concerning colour constancy. On the one hand, our intuitive, pre-theoretical concept holds that colour constancy involves invariance in the perceived colours of surfaces under changes in illumination. On the other, there is a robust scientific consensus that colour constancy can persist in cerebral achromatopsia, a profound impairment in the ability to perceive colours. The first stage of the solution advocates pluralism about our colour constancy capacities. The second details the close relationship between colour constancy and (...) contrast. The third argues that achromatopsics retain a basic type of colour constancy associated with invariants in contrast processing. The fourth suggests that one person-level, conscious upshot of such processing is the visual awareness of chromatic contrasts ‘at’ the edges of surfaces, implicating the ‘colour for form’ perceptual function. This primitive type of constancy sheds new light on our most basic perceptual capacities, which mark the lower borders of representational mind. (shrink)

Can young children such as 3-year-olds represent the world objectively? Some prominent developmental psychologists—such as Perner and Tomasello—assume so. I argue that this view is susceptible to a prima facie powerful objection: To represent objectively, one must be able to represent not only features of the entities represented but also features of objectification itself, which 3-year-olds cannot do yet. Drawing on Burge's work on perceptual constancy, I provide a response to this objection and motivate a distinction between three different kinds (...) of objectivity. This distinction helps advance current research on both objectivity and teleological action explanations in young children. (shrink)

All representationalists maintain that there is a necessary connection between an experience’s phenomenal character and intentional content; but there is a disagreement amongst representationalists regarding the nature of those intentional contents that are necessarily connected to phenomenal character. Russellian representationalists maintain that the relevant contents are composed of objects and/or properties, while Fregean representationalists maintain that the relevant contents are composed of modes of presentation of objects and properties. According to Fregean representationalists such as David Chalmers and Brad Thompson, the (...) Fregean variety of the view is preferable to the Russellian variety because the former can accommodate purported counterexamples involving spectrum inversion without illusion and colour constancy while the latter cannot. I maintain that colour constancy poses a special problem for the Fregean theory in that the features of the theory that enable it handle spectrum inversion without illusion cannot be extended to handle colour constancy. I consider the two most plausible proposals regarding how the Fregean view might be developed in order to handle colour constancy—one of which has recently been defended by Thompson —and argue that neither is adequate. I conclude that Fregean representationalism is no more able to accommodate colour constancy than is Russellian representationalism and, as such, ought to be rejected. (shrink)

This paper seeks to elucidate self-constancy as the creative and formative dimension of moral responsibility, through an exploratory review of Fischer’s semi-compatibilist view of freedom. It underscores the value of artistic self- expression by highlighting the narrative meaning of one’s actions, seen as a cohesive sequence for storytelling rather than a mere chronological order. Self-constancy reflects the agent’s capacity to own their actions, making them a reliable and accountable person. In this light, the value of acting freely—akin to the value (...) of artistic self-expression—can be understood as the agent’s conscious effort to live a life of personal meaning, marked by epistemic awareness and creativity, whether life is determined or not. (shrink)

For a stable visual world, the colours of objects should appear the same under different lights. This property of colour constancy has been assumed to be fundamental to vision, and many experimental attempts have been made to quantify it. I contend here, however, that the usual methods of measurement are either too coarse or concentrate not on colour constancy itself, but on other, complementary aspects of scene perception. Whether colour constancy exists other than in nominal terms remains unclear.

A central topic in discussions about qualia concerns their purported transparency. According to transparency theorists, an experience is transparent in the sense that the subject having the experience is aware of nothing but the intended object of the experience. In this paper this notion is criticized for failing to account for the dynamical aspects of perception. A key assumption in the paper is that perceptual content has a certain temporal depth, in the sense that each act of perception can present (...) an object as extended in time and that objects can be perceived as persisting through time. An object that is seen as persisting through time is often seen as constant and unchanging, even though the presentation of it is changing. In this paper it is argued that in order to account for these cases of perceptual constancy, we must distinguish between the awareness of having perceived that an object has a property at a certain point in time, and perceptually intending that it has that property at that point in time. Consequently, we must in at least some instances be aware of something more than the object of the experience. But precisely this distinction is rejected by the transparency theory. (shrink)

The ability to perceive the shapes of things as enduring through changes in how they stimulate our sense organs is vital to our sense of stability in the world. But what sort of capacity is shape constancy, and how is it reflected in perceptual experience? This paper defends a pluralist account of shape constancy: There are multiple kinds of shape constancy centered on geometrical properties at various levels of abstraction, and properties at these various levels feature in the content of (...) perceptual experience, governing patterns of apparent shape similarity. I propose that the varieties of shape constancy are subserved by the syntactic complexity of perceptual shape representations. By assigning discrete constituents to various abstract shape parameters, these representations attune us to the preservation of certain abstract shape properties through changes in more determinate shape properties. Finally, I draw broader lessons concerning the nature and function of perceptual constancy. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

In recent discussions of two important issues in the philosophy of perception, viz. the problems of perceptual presence and perceptual constancy, Merleau-Ponty’s ideas have been garnering attention thanks to the work of Sean Kelly and Alva Noë. Although both Kelly’s normative approach and Noë’s enactive approach highlight important aspects of Merleau-Ponty’s view, I argue that neither does full justice to it because they overlook the central role that style plays in his solution to these problems. I show that a closer (...) look at the Phenomenology and several other texts from this period reveals that, on Merleau-Ponty’s account, we are able to perceive the absent features of objects as present, constant properties, and constant objects because we recognize that the objects we perceive have a unique style that persists through and unifies all their appearances. (shrink)

Some experiments in perceptual psychology measure perceivers’ phenomenal experiences of objects versus their cognitive assessments of object properties. Analyzing such experiments, this article responds to Pizlo’s claim that much work on shape constancy before 1985 confused problems of shape ambiguity with problems of shape constancy. Pizlo fails to grasp the logic of experimental designs directed toward phenomenal aspects of shape constancy. In the domain of size perception, Granrud’s studies of size constancy in children and adults distinguish phenomenal from cognitive factors.

Non-Humean accounts of the metaphysics of nature posit either laws or powers in order to account for natural necessity and world-order. We argue that such monistic views face fundamental problems. On the one hand, neo-Aristotelians cannot give unproblematic power-based accounts of the functional laws among quantities offered by physical theories, as well as of the place of conservation laws and symmetries in a lawless ontology; in order to capture these characteristics, commitment to governing laws is indispensable. On the other hand, (...) ontologies that entirely exclude some kind of power ascription to worldly entities face what we call the Governing Problem: such ontologies do not have the resources to give an adequate account of how laws play their governing role. We propose a novel dualist model, which, we argue, has the resources to solve the difficulties encountered by its two dominant competitors, without inheriting the problems of either view. According to the dualist model, both laws and powers are equally fundamental and irreducible to each other, and both are needed in order to give a satisfactory account of the nomological structure of the world. The dualist model constitutes thus a promising alternative to current monistic views in the metaphysics of science. (shrink)

Discovering laws of nature was a way to worship a law-giving God, during the Scientific Revolution. So why should we consider it worthwhile now, in our own more secularized science? For historical perspective, I examine two competing early modern theological traditions that related laws of nature to different divine attributes, and their secular legacy in views ranging from Kant and Nietzsche to Humean and ‘governing’ accounts in recent analytic metaphysics. Tracing these branching offshoots of ethically charged God-concepts sheds light on (...) how our ethical ideals and ideas of natural order can still be valuably integrated. Early modern intellectualists valued the law-governed order of nature as a sign of divine Reason. In turn, Reason traditionally ascribed to God has now been partly reclaimed for humans, reframing the value of natural order anthropocentrically, in terms of the value of our own intelligence. Alternatively, Reason may be reclaimed for nature itself, as in an ‘objective’ idealism or metaphysical rationalism. However, beyond divine Reason, an influential voluntarist tradition in theology stressed a connection between laws of nature and God’s Power or free Will. Tracking how divine Power has been reinvested in human beings provides a broader context for instrumentalism and related lineages of empiricism. But secularization can also transfer Power from God to the impersonal natural world. In this light, current scientific interest in lawlike order may also reflect the inherent value of brute necessity or inhuman causal power in nature: this is a deeper way to reject anthropocentrism and to show our respect for the environment. (shrink)

The paper takes a closer look at the role of knowledge and evidence in legal theory. In particular, the paper examines a puzzle arising from the evidential standard Preponderance of the Evidence and its application in civil procedure. Legal scholars have argued since at least the 1940s that the rule of the Preponderance of the Evidence gives rise to a puzzle concerning the role of statistical evidence in judicial proceedings, sometimes referred to as the Problem of Bare Statistical Evidence. While (...) this puzzle has led to the development of a multitude of accounts and approaches in the legal literature, I argue here that the problem can be resolved fairly straightforwardly within a knowledge-first framework. (shrink)

Recent attempts to resolve the Paradox of the Gatecrasher rest on a now familiar distinction between individual and bare statistical evidence. This paper investigates two such approaches, the causal approach to individual evidence and a recently influential (and award-winning) modal account that explicates individual evidence in terms of Nozick's notion of sensitivity. This paper offers counterexamples to both approaches, explicates a problem concerning necessary truths for the sensitivity account, and argues that either view is implausibly committed to the impossibility of (...) no-fault wrongful convictions. The paper finally concludes that the distinction between individual and bare statistical evidence cannot be maintained in terms of causation or sensitivity. We have to look elsewhere for a solution of the Paradox of the Gatecrasher. (shrink)

In general, visual experiences represent determinately. And visual experiences, generally, represent properties of distal objects like their colour, shape, and size, but they do not, generally, represent properties of proximal states like that of incoming light or the retina. By making perceptual constancies central to perceptual representation, Peter Schulte extends Karen Neander’s Causal-Informational Teleosemantic theory in order to accommodate these facts. However, by appealing to the psychophysics and chemistry of how light-related properties interact to produce stimulation to the visual system (...) and how the visual system processes such input to produce experiences, I argue that Schulte’s theory fails to accommodate the facts of distality and determinacy. (shrink)

Leuridan (2010) argued that mechanisms cannot provide a genuine alternative to laws of nature as a model of explanation in the sciences, and advocates Mitchell’s (1997) pragmatic account of laws. I first demonstrate that Leuridan gets the order of priority wrong between mechanisms, regularity, and laws, and then make some clarifying remarks about how laws and mechanisms relate to regularities. Mechanisms are not an explanatory alternative to regularities; they are an alternative to laws. The existence of stable regularities in nature (...) is necessary for either model of explanation: regularities are what laws describe and what mechanisms explain. (shrink)

Any explanation of one fact in terms of another will appeal to some sort of connection between the two. In a causal explanation, the connection might be a causal mechanism or law. But not all explanations are causal, and neither are all explanatory connections. For example, in explaining the fact that a given barn is red in terms of the fact that it is crimson, we might appeal to a non-causal connection between things’ being crimson and their being red. Many (...) such connections, like this one, are general rather than particular. I call these general non-causal explanatory connections 'laws of metaphysics'. In this paper I argue that some of these laws are to be found in the world at its most fundamental level, forming a bridge between fundamental reality and everything else. It is only by admitting fundamental laws, I suggest, that we can do justice to the explanatory relationship between what is fundamental and what is not. And once these laws are admitted, we are able to provide a nice resolution of the puzzle of why there are any non-fundamental facts in the first place. (shrink)

David Armstrong accepted the following three theses: universals are immanent, laws are relations between universals, and laws govern. Taken together, they form an attractive position, for they promise to explain regularities in nature—one of the most important desiderata for a theory of laws and properties—while remaining compatible with naturalism. However, I argue that the three theses are incompatible. The basic idea is that each thesis makes an explanatory claim, but the three claims can be shown to run in a problematic (...) circle. I then consider which thesis we ought to reject and suggest some general lessons for the metaphysics of laws. (shrink)

A persistent worry concerning conventionalist accounts of law is that such accounts are ill equipped to account for law’s special normativity. I offer a particular kind of conventionalist account that is based on the practice-dependent account of conventional norms I have offered elsewhere and consider whether it is vulnerable to the Normativity Objection. I argue that it isn’t. It can account for all the ways in which law can justly claim to be normative. While there are ways of being normative (...) that it cannot account for, it is an error to suppose that law is normative in any of those ways. (shrink)

Personal indexicals are often taken to refer to the agent of an expression’s context, but deviant uses (e.g. ‘I’m parked out back’) complicate matters. I argue that personal indexicals refer to the extended self of the agent, where the extended self is a mereological chimera incorporating whatever determines our behavioral capacities. To ascertain the persistence conditions of personal identity, I propose a method for selecting a level of description and a set of functional properties at that level that remain constant (...) over a lifetime. I argue for functional constancy, and against continuity, as the central determinant of diachronic identity. (shrink)

One of the main challenges confronting Humean accounts of natural law is that Humean laws appear to be unable to play the explanatory role of laws in scientific practice. The worry is roughly that if the laws are just regularities in the particular matters of fact (as the Humean would have it), then they cannot also explain the particular matters of fact, on pain of circularity. Loewer (2012) has defended Humeanism, arguing that this worry only arises if we fail to (...) distinguish between scientific and metaphysical explanations. However, Lange (2013, 2018) has argued that scientific and metaphysical explanations are linked by a transitivity principle, which would undercut Loewer's defense and re-ignite the circularity worry for the Humean. I argue here that the Humean has antecedent reasons to doubt that there are any systematic connections between scientific and metaphysical explanations. The reason is that the Humean should think that scientific and metaphysical explanation have disparate aims, and therefore that neither form of explanation is beholden to the other in its pronouncements about what explains what. Consequently, the Humean has every reason to doubt that Lange's transitivity principle obtains. (shrink)

This paper shows how a niche account of the metaphysics of laws of nature and physical properties—the Powers-BSA—can underpin both a sense in which the laws are metaphysically necessary and a sense in which it is true that the laws could have been different. The ability to reconcile entrenched disagreement should count in favour of a philosophical theory, so this paper constitutes a novel argument for the Powers-BSA by showing how it can reconcile disagreement about the laws’ modal status. This (...) paper also constitutes a defence of modal necessitarianism, the interesting and controversial view according to which all worlds are nomologically identical, because it shows how the modal necessitarian can appease the orthodox contingentist about laws. (shrink)

In light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we argue that the temptation to (...) pit mechanistic and interventionist theories of explanation against one another occludes important and scientifically relevant research questions. (shrink)

In this paper we discuss how Causal Decision Theory should be modified to handle a class of problematic cases involving deterministic laws. Causal Decision Theory, as it stands, is problematically biased against your endorsing deterministic propositions (for example it tells you to deny Newtonian physics, regardless of how confident you are of its truth). Our response is that this is not a problem for Causal Decision Theory per se, but arises because of the standard method for assessing the truth of (...) certain counterfactuals. The truth of deterministic laws is `modally fragile' on the standard semantics for counterfactuals: if determinism is true and you were to do otherwise, the laws would be different. We provide two ways of avoiding this problem: 1) supplement the standard semantics for counterfactuals with impossible worlds, or 2) introduce rigid designators into the description of problematic decision situations. We argue that both of these approaches are well-motivated and can be readily incorporated into Lewisian Causal Decision Theory. (shrink)

Humean reductionism about laws of nature is the view that the laws reduce to the total distribution of non-modal or categorical properties in spacetime. A worry about Humean reductionism is that it cannot motivate the characteristic modal resilience of laws under counterfactual suppositions and that it thus generates wrong verdicts about certain nested counterfactuals. In this paper, we defend Humean reductionism by motivating an account of the modal resilience of Humean laws that gets nested counterfactuals right.

We study the performance of ChatGPT interpreting prompts that require legal expertise to answer. Our inputs are very close adaptations from the "Contextual Canons" section of Antonin Scalia and Bryan Garner's Reading Law: The Interpretation of Legal Texts (Thomson West: 2012). We report our experiments and findings for the entire section (comprising 14 canons) of the book. We conclude that as a legal reasoner ChatGPT is exceptionally successful in taking the contextual canons into account.

The central aim of this paper is to use a particular view about how the laws of nature govern the evolution of our universe in order to develop and evaluate the two main competing options in the metaphysics of persistence, namely endurantism and perdurantism. We begin by motivating the view that our laws of nature dictate not only qualitative facts about the future, but also which objects will instantiate which qualitative properties. We then show that both traditional doctrines in the (...) metaphysics of persistence must take on surprising further commitments in order to vindicate our universe being law-governed in this strong sense. For example, we argue that endurantists should adopt a particular version of monism, and that perdurantists should adopt a qualitativist doctrine that dispenses with all individuals at the fundamental level. (shrink)

The idea that law claims authority (LCA) has recently been forcefully criticized by a number of authors. These authors present a new and intriguing objection, arguing that law cannot be said to claim authority if such a claim is not justified. That is, these authors argue that the view that law does not have authority viciously conflicts with the view that law claims authority. I will call this the normative critique of LCA. In this article, I assess the normative critique (...) of LCA, focusing predominantly on the arguments presented by its most incisive proponent Philip Soper. I defend a twofold conclusion. First, LCA, understood roughly along the lines put forward by Joseph Raz, is part of the most attractive analysis of law. Second, proponents of the normative critique, and in particular Soper, are committed to accepting LCA. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)