I develop and argue for a kind of externalism about certain kinds of non-doxastic attitudes that I call policy externalism. Policy externalism about a given type of attitude is the view that all the reasonable policies for having attitudes of that type will not involve the agent's beliefs that some relevant conditions obtain. My defense primarily involves attitudes like hatred, regret, and admiration, and has two parts: a direct deductive argument and an indirect linguistic argument, an inference to the best (...) explanation of some strange ways we use certain conditionals. The main thought throughout is that attitudes we reason with, like belief, are very different from attitudes we don't reason with, in a way that constrains the former but not the latter. Finally, I investigate some consequences of policy externalism, including that it secures the possibility of genuine conditional apologies. (shrink)

This paper defends Priorianism, a theory in the philosophy of time which combines three theses: first, that there is a metaphysical distinction between the present time and non-present times; second, that there are temporary propositions, that is, propositions that change in truth-value simpliciter over time; and third, that there is change over time only if there are temporary propositions. Priorianism is accepted by many Presentists, Growing Block Theorists, and Moving Spotlight Theorists. However, it is difficult to defend the view without (...) appealing to premises that those who reject the view find controversial. My aim in this paper is to defend Priorianism in a way that largely avoids appealing to such premises. I do three things: first (Section 1), I describe the component theses of Priorianism and the relations between them. Next (Section 2), I show how Priorians can respond to the argument that the B-theory implies that there are temporary propositions, and therefore satisfies the Priorian condition for there being change over time. Finally (Section 3), I defend the Priorian thesis that there is change over time only if there are temporary propositions against an alternative principle of change defended by Ross Cameron (The Moving Spotlight, 2015). (shrink)

It has been suggested that intuitions supporting the nonvacuity of counterpossibles can be explained by distinguishing an epistemic and a metaphysical reading of counterfactuals. Such an explanation must answer why we tend to neglect the distinction of the two readings. By way of an answer, I offer a generalized pattern for explaining nonvacuity intuitions by a stand-and-fall relationship to certain indicative conditionals. Then, I present reasons for doubting the proposal: nonvacuists can use the epistemic reading to turn the table against (...) vacuists, telling apart significant from spurious intuitions. Moreover, our intuitions tend to survive even if we clear-headedly intend a metaphysical reading. -/- . (shrink)

We defend a functionalist approach to emotion that begins by focusing on emotions as central states with causal connections to behavior and to other cognitive states. The approach brackets the conscious experience of emotion, lists plausible features that emotions exhibit, and argues that alternative schemes are unpromising candidates. We conclude with the benefits of our approach: one can study emotions in animals; one can look in the brain for the implementation of specific features; and one ends up with an architecture (...) of the mind in which emotions are fully accommodated through their relations to the rest of cognition. Our article focuses on arguing for this general approach; as such, it is an essay in the philosophy of emotion rather than in the psychology or neuroscience of emotion. (shrink)

Beyond belief change and meme adoption, both genetics and infection have been spoken of in terms of information transfer. What we examine here, concentrating on the specific case of transfer between sub-networks, are the differences in network dynamics in these cases: the different network dynamics of germs, genes, and memes. Germs and memes, it turns out, exhibit a very different dynamics across networks. For infection, measured in terms of time to total infection, it is network type rather than degree of (...) linkage between sub-networks that is of primary importance. For belief transfer, measured in terms of time to consensus, it is degree of linkage rather than network type that is crucial. Genes model each of these other dynamics in part, but match neither in full. For genetics, like belief transfer and unlike infection, network type makes little difference. Like infection and unlike belief, on the other hand, the dynamics of genetic information transfer within single and between linked networks are much the same. In ways both surprising and intriguing, transfer of genetic information seems to be robust across network differences crucial for the other two. (shrink)

This essay is a detailed study of William P. Alston’s view on the nature of Christian faith, which I assess in the context of three problems: the problem of the skeptical Christian, the problem of faith and reason, and the problem of the trajectory. Although Alston intended a view that would solve these problems, it does so only superficially. Fortunately, we can distinguish Alston’s view, on the one hand, from Alston’s illustrations of it, on the other hand. I argue that, (...) although Alston’s view only superficially solves these problems, Alston’s illustrations of it suggest a substantive way to solve them, a way that I sketch briefly. (shrink)

What is consciousness and why is it so philosophically and scientifically puzzling? For many years philosophers approached this question assuming a standard physicalist framework on which consciousness can be explained by contemporary physics, biology, neuroscience, and cognitive science. This book is a debate between two philosophers who are united in their rejection of this kind of "standard" physicalism - but who differ sharply in what lesson to draw from this. Amy Kind defends dualism 2.0, a thoroughly modern version of dualism (...) (the theory that there are two fundamentally different kinds of things in the world: those that are physical and those that are mental) decoupled from any religious or non-scientific connotations. Daniel Stoljar defends non-standard physicalism, a kind of physicalism different from both the standard version and dualism 2.0. The book presents a cutting-edge assessment of the philosophy of consciousness and provides a glimpse at what the future study of this area might bring. (shrink)

Recent advances in the Super Linguistics of pictures have laid the Super Semantic foundation for modelling the phenomena of narrative sequencing and co-reference in pictorial and mixed linguistic-pictorial discourses. We take up the question of how one arrives at the pragmatic interpretations of such discourses. In particular, we offer an analysis of: (i) the discourse composition problem: how to represent the joint meaning of a multi-picture discourse, (ii) observed differences in narrative sequencing in prima facie equivalent linguistic vs pictorial discourses, (...) and (iii) the phenomenon of co-referencing across pictures. We extend Segmented Discourse Representation Theory to spell out a formal Super Pragmatics that applies to linguistic, pictorial and mixed discourses, while respecting the particular ‘genius’ of either medium and computing their distinctive pragmatic interpretations. (shrink)

Sobel sequences have had a huge impact on the discussion of counterfactuals. They can be composed of conditionals and mere descriptions. What is especially puzzling about them is that they are often felicitously uttered when their reversal is not. Up to now, there is no unified explanation. I examine two strategies. We might begin with conditionals and proceed to descriptions. Or we might begin with descriptions and proceed to conditionals. I argue for the latter variant and outline a universal theory (...) of Sobel sequences in terms of presuppositional anaphora. One relevant result is that the phenomenon neither counts against nor in favour of the simplified standard account of counterfactuals à la Stalnaker-Lewis. (shrink)

While those who take a "structuralist" approach to racial justice issues are right to call attention to the importance of social practices, laws, etc., they sometimes go too far by suggesting that antiracist efforts ought to focus on changing unjust social systems rather than changing individuals’ minds. We argue that while the “either/or” thinking implied by this framing is intuitive and pervasive, it is misleading and self-undermining. We instead advocate for a “both/and” approach to antiracist moral education that explicitly teaches (...) how social structures influence ideas about race and how ideas about race shape, sustain, and transform social structures. Ideally, antiracist moral education will help people see how social change and moral progress depend on the symbiotic relations between individuals and structures. We articulate a conception of “structure-facing virtue” that exemplifies this hybrid approach to illuminate the pivotal role moral education plays in the fight for racial justice. (shrink)

Faith in God conflicts with reason—or so we’re told. We focus on two arguments for this conclusion. After evaluating three criticisms of them, we identify an assumption they share, namely that faith in God requires belief that God exists. Whether the assumption is true depends on what faith is. We sketch a theory of faith that allows for both faith in God without belief that God exists, and faith in God while in belief-cancelling doubt God’s existence. We then argue that (...) our theory, unlike the theory of Thomas Aquinas, makes sense of four central items of faith-data: (i) pístis in the Synoptics, (ii) ʾemunāh in the Hebrew scriptures, (iii) exemplars of faith in God, including Abraham, Jesus, and Mother Teresa, and (iv) the widespread experience of people of faith today. We close by assessing revisions of the two arguments we began with, revisions that align with our theory of faith, and find them dubious, at best. (shrink)

We should not be creating conscious, humanoid agents but an entirely new sort of entity, rather like oracles, with no conscience, no fear of death, no distracting loves and hates.

Say that the Moving Spotlight Theory (MST) combines the following three theses: A-THEORY : There is an absolute distinction between present and non-present time.

Possible worlds have found many applications in contemporary philosophy: from theories of possibility and necessity, to accounts of conditionals, to theories of mental and linguistic content, to understanding supervenience relationships, to theories of properties and propositions, among many other applications. Almost as soon as possible worlds started to be used in formal theories in logic, philosophy of language, philosophy of mind, metaphysics, and elsewhere, theorists started to wonder whether impossible worlds should be postulated as well. In many applications, possible worlds (...) face limitations that can be dealt with through postulating impossible worlds as well. This chapter examines some of the uses of impossible worlds, and philosophical challenges theories of impossible worlds face. (shrink)

That the world is awash with resentment poses a genuine question for educators. Here, we will suggest that resentment can be better harnessed for good if we stop focusing on people and tribes and, instead, focus on systems: those invisible norms that often produce locked-in structures of social interaction. A “systems lens” is vast, so fixes will have to be an iterative process of reflection, and revision toward a more just system. Nonetheless, resentment toward the status quo may be an (...) important element in keeping that otherwise tedious process going, with the caveat that resentment is only productive when it is combined with reason, and that, therefore, educators, rather than privileging participant reactive attitudes, ought, instead, to promote participant reactive reasoning, as the latter can be a genuine force for both personal and interpersonal growth, while the former might very well do the reverse. (shrink)

We might be tempted to think that, necessarily, if God unsurpassably loves such created persons as there may be, then for any capable created person S and time t, God is at t open to being in a positively meaningful and reciprocal conscious relationship with S at t, where one is open to relationship with another only if one never does anything (by commission or omission) that would have the result that the other was prevented from being able, just by (...) trying, to participate in that relationship. I argue that we should resist the temptation. (shrink)

Allen Buchanan and Russel Powell’s The Evolution of Moral Progress (EMP) is likely to become a landmark. It adeptly builds on much of the recent empirical work, weaving it together with philosophical material drawn from a series of essays published by the two authors. EMP makes the case that moral progress is not only consistent with human psychology but—under some conditions—likely. At its heart is a careful, well-developed rebuttal to the idea that there are evolved constraints endogenous to human minds (...) that place significant limits on various forms of moral progress, especially on the spread and sustainability of inclusive values. The alternative picture they present acknowledges that evolutionary history has shaped how our minds produce behaviour, but emphasizes that the contexts in which they currently operate are just as pivotal. While safe and stable ecological and social circumstances are hospitable to cosmopolitanism and encouraging of inclusive values, dangerous and threatening circumstances are more favourable to parochialism, exclusivist values, and morally regressive outgroup hostility (also see Buchanan and Powell [2015], [2016], [2017]). Overall, EMP is a compelling, well-researched, and timely book. It articulates arguably the most persuasive naturalistic theory of moral progress to date, and lays the groundwork for important and impactful research. (shrink)

Since nothing about God is passive, and the perception of pain is inherently passive, then it seems that God does not know what it is like to experience pain. Nor would he be able to cause us to experience pain, for his experience would then be a sensation (which would require God to have senses, which he does not). My suggestion is that Berkeley avoids this situation by describing how God knows about pain “among other things” (i.e. as something whose (...) identity is intelligible in terms of the integrated network of things). This avoids having to assume that God has ideas (including pain) apart from his willing that there be perceivers who have specific ideas that are in harmony or not in harmony with one another. (shrink)

Abstract. I outline the standard picture of fiction. According to this picture, fiction is centred on making believe some truth-apt content. I take a closer look at everyday usage of the expressions ‘according to the fiction’ and ‘in the fiction’ to countervail the streamlining tendencies that come with the standard picture. Having outlined highly variegated use patterns, I argue for a metaexpressivist picture: ‘according to the fiction’ does not primarily report fictional truth but a complex pattern of reactions the fiction (...) seems intended to elicit. In the corresponding expressivist picture of the act of fiction-making, the latter is not primarily modeled on stating and believing truth but on the variegated pattern of intended reactions. (shrink)

Robert Brandom charakterisiert singuläre Termini durch ihre symmetrische substitutionsinferentielle Rolle. Er entwickelt ein transzendentales Argument, wonach solche Termini notwendig für jede Sprache sind, welche die üblichen logischen Ausdrucksressourcen wie Negation und Konditional besitzt. Verschiedene Einwände werden diskutiert. Brandom kann die Forderung erfüllen, dass die Semantik einer Sprache kompositional sein muss. Er kann auch mit der asymmetrischen inferentiellen Rolle bestimmter singulärer Termini umgehen, sofern diese nicht systematisch ist. Aber er kann der Möglichkeit nicht gerecht werden, singuläre Termini einzuführen, die nicht durch (...) eine symmetrische substitutionsinferentielle Rolle konstituiert sind. Ungeachtet der Einführung solcher Termini bleiben normale logische Ausdrucksressourcen erhalten. (shrink)

Realists about possible worlds typically identify possible worlds with abstract objects, such as propositions or properties. However, they face a significant objection due to Lewis (1986), to the effect that there is no way to explain how possible worlds-as-abstract objects represent possibilities. In this paper, I describe a response to this objection on behalf of realists. The response is to identify possible worlds with propositions, but to deny that propositions are abstract objects, or indeed objects at all. Instead, I argue (...) that realists should follow Prior (1971) and others in treating higher-order quantification (e.g. quantification into predicate or sentence position) as a genuine form of quantification in its own right, and so in particular, not to be analysed in terms of first-order quantification over abstract objects. I argue that from this ‘higher-orderist’ perspective, there is a relatively straightforward answer to the question of how possible worlds-as-propositions succeed in representing possibilities. (shrink)

Many philosophers are very sanguine about the cognitive contributions of fiction to science and philosophy. I focus on a case study: Ichikawa and Jarvis’s account of thought experiments in terms of everyday fictional stories. As far as the contribution of fiction is not sui generis, processing fiction often will be parasitic on cognitive capacities which may replace it; as far as it is sui generis, nothing guarantees that fiction is sufficiently well-behaved to abide by the constraints of scientific and philosophical (...) discourse, not even by the minimum requirements of conceptual and logical coherence. (shrink)

Berkeley's doctrine of archetypes explains how God perceives and can have the same ideas as finite minds. His appeal of Christian neo-Platonism opens up a way to understand how the relation of mind, ideas, and their union is modeled on the Cappadocian church fathers' account of the persons of the trinity. This way of understanding Berkeley indicates why he, in contrast to Descartes or Locke, thinks that mind (spiritual substance) and ideas (the object of mind) cannot exist or be thought (...) of apart from one another. It also hints at why Gregory of Nyssa's immaterialism sounds so much like Berkeley's. (shrink)

Andy Egan has presented a dilemma for decision theory. As is well known, Newcomb cases appear to undermine the case for evidential decision theory. However, Egan has come up with a new scenario which poses difficulties for causal decision theory. I offer a simple solution to this dilemma in terms of a modified EDT. I propose an epistemological test: take some feature which is relevant to your evaluation of the scenarios under consideration, evidentially correlated with the actions under consideration albeit, (...) causally independent of them. Hold this feature fixed as a hypothesis. The test shows that, in Newcomb cases, EDT would mislead the agent. Where the test shows EDT to be misleading, I propose to use fictive conditional credences in the EDT-formula under the constraint that they are set to equal values. I then discuss Huw Price’s defence of EDT as an alternative to my diagnosis. I argue that my solution also applies if one accepts the main premisses of Price’s argument. I close with applying my solution to Nozick’s original Newcomb problem. (shrink)

Just War Theory (JWT) replaced an older "warrior code," an approach to war that remains poorly understood and dismissively treated in the philosophical literature. This paper builds on recent work on honor to address these deficiencies. By providing a clear, systematic exposition of "Honor War Theory" (HWT), we can make sense of paradigm instances of warrior psychology and behavior, and understand the warrior code as the martial expression of a broader honor-based ethos that conceives of obligation in terms of fair (...) competition for prestige. Far from being a romantic and outmoded approach to war, HWT accounts for current conflicts and predicts moral intuitions that JWT either rejects or cannot comfortably accommodate. So although it is not recommended as a replacement for JWT, there is good reason think that a fully mature, realistic, and yet properly normative theory of war ethics will incorporate a variety of insights from HWT. (shrink)

Our approach to emotion emphasized three key ingredients. We do not yet have a mature science of emotion, or even a consensus view—in this respect we are more hesitant than Sander, Grandjean, and Scherer or Luiz Pessoa. Relatedly, a science of emotion needs to be highly interdisciplinary, including ecology, psychology, neuroscience, and philosophy. We recommend a functionalist view that brackets conscious experiences and that essentially treats emotions as latent variables inferred from a number of measures. But our version of functionalism (...) is not definitional or ontological. It is resolutely methodological, in good part because it is too early to attempt definitions. (shrink)

I outline Hume’s views about conceivability evidence. Then I critically scrutinize two threats to conceivability-based modal epistemology. Both arise from Hume’s criticism of claims to knowing necessary causal relationships: Firstly, a sceptical stance towards causal necessity may carry over to necessity claims in general. Secondly, since – according to a sceptical realist reading – Hume grants the eventuality of causal powers grounded in essential features of objects, conceivability-based claims to comprehensive metaphysical possibilities seem endangered. I argue that although normal conceivability-based (...) claims are defeasible, they are prima facie vindicated. (shrink)

Against modal rationalism, Manolo Martínez argues that elementary bodily mechanisms allow cognizers to know possibility. He presents an exemplary behavioral mechanism adapted to maximizing expected outcome in a random game. The bodily mechanism purportedly tracks probabilities and related possibilities. However, it is doubtful that cognizers like us can know metaphysical modalities purely by virtue of bodily mechanisms without using rational capacities. Firstly, Martínez’s mechanism is limited. But knowledge of probabilities arguably has to cover a variety of probabilistic outcomes. One may (...) need an ability to calculate probabilities. Bodily mechanisms can realize such an ability, but this will presumably amount to instantiating rational capacities. Secondly, the purported connection between the items tracked by the bodily mechanism and genuine metaphysical possibilities is tenuous. There are points at which it may fail. Further, we would need to know by rational metaphysical considerations that the connection holds in order to bodily know possibilities. (shrink)

Descartes wants to show that clear and distinct ideas are trustworthy. However, his argument seems circular. For his premise that God is trustworthy depends on clear and distinct insight. Descartes’ reaction to the circularity reproach can be interpreted in two ways. The first is a psychological one. Clear and distinct insights are coercing. Thus they cannot be doubted as long as one attends to them. The argument is only meant to extend this instantaneous coercion to the whole range of psychological (...) states. This reaction does not fit Descartes’ aim of more reliable beliefs. The second interpretation integrates this aim of reliability into the demands of clarity and distinctness. Clear and distinct insights are to bridge the gap between internal accessibility and external reliability. Yet in this interpretation the invocation of God’s trustworthiness seems superfluous. Departing from contemporary epistemological ideas two possibilities to nevertheless make sense of this invocation are discussed. The first is that the argument of God’s trustworthiness provides a gain in reflective coherence. However, this reasoning conflicts with the situation of methodic doubt which involves suspending one’s whole system of belief. The second, more promising possibility is that it is an epistemic aim to provide an account of origin and purpose of our cognitive faculties. (shrink)

The model-theoretic argument known as Putnam´s paradox threatens our notion of truth with triviality: Almost any world can satisfy almost any theory. Formal argument and intuition are at odds. David Lewis devised a solution according to which the very stucture of the world fixes how it is to be divided into elite classes which determine the reference of any true theory. Three claims are defended: Firstly, Lewis´ proposal must be completed by an account of successful referential intentions. Secondly, contrary to (...) Catherine Elgin´s criticism of Lewis, natural properties corresponding to elite classes may play a role in sound scientific inquiry. Thirdly, despite Bas van Fraassen´s objection that the sceptic cannot consistently maintain doubts about reference, there is a promising sceptical strategy of exploiting Putnam´s results which is answered by Lewis´ account. (shrink)

Berit Brogaard and Joe Salerno (2008) have defended the validity of counterfactual hypothetical syllogism (CHS) within the Stalnaker-Lewis account. Whenever the premisses of an instance of CHS are non-vacuosly true, a shift in context has occurred. Hence the standard counterexamples to CHS suffer from context failure. Charles Cross (2011) rejects this argument as irreconcilable with the Stalnaker-Lewis account. I argue against Cross that the basic Stalnaker-Lewis truth condition may be supplemented in a way that makes (CHS) valid. Yet pace Brogaard (...) and Salerno, there are alternative ways of spelling out the basic truth condition which are standard in most debates; and given these ways, the counterexamples to CHS are successful. (shrink)

For Berkeley, a thing's existence 'esse' is nothing more than its being perceived 'as that thing'. It makes no sense to ask (with Samuel Johnson) about the 'esse' of the mind or the specific act of perception, for that would be like asking what it means for existence to exist. Berkeley's "existere is percipi or percipere" (NB 429) thus carefully adopts the scholastic distinction between 'esse' and 'existere' ignored by Locke and others committed to a substantialist notion of mind. Following (...) the Stoics, Berkeley proposes that, 'as' the existence of ideas, minds "subsist" rather than "exist" and, accordingly, cannot be identified as independently existing things. (shrink)

I take issue with two claims of DeRose: Conditionals of deliberation must not depend on backtracking grounds. ‘Were’ed-up conditionals coincide with future-directed indicative conditionals; the only difference in their meaning is that they must not depend on backtracking grounds. I use Egan’s counterexamples to causal decision theory to contest the first and an example of backtracking reasoning by David Lewis to contest the second claim. I tentatively outline a rivaling account of ‘were’ed-up conditionals which combines features of the standard analysis (...) of counterfactuals with the contextual relevance of the corresponding indicative conditionals. (shrink)

I critically assess Stephen Yablo’s claim that cassinis are ovals is an a posteriori conceptual necessity. One does not know it simply by mastering the relevant concepts but by substantial empirical scrutiny. Yablo represents narrow content by would have turned out -conditionals. An epistemic reading of such conditionals does not bear Yablo’s claim. Two metaphysically laden readings are considered. In one reading, Yablo’s conditionals test under what circumstances concepts remain the same while their extensions diverge. As an alternative, I develop (...) a more literal metaphysical interpretation: Yablo’s conditionals draw on scenarios which are qualitatively identical to some original situation. None of these interpretations sustains Yablo’s core thesis. (shrink)

Interpretive charity is an important principle in devising the content of propositional attitudes and their expression. I want to argue that it does not square well with externalism about content. Although my argument clearly also applies to a principle of maximizing truth (as it requires only the true belief - component of knowledge), I will focus my attention to Timothy Williamson’s more intriguing recent proposal of maximizing knowledge.

A basic intuition about epistemic possibility is the following: It might be that p iff it is open whether p. The standard way of cashing out this intuition is: It might be that p iff it is reconcilable with one’s informational state that p. However, there are certain examples which point to a lacuna in this conception. They indicate that epistemic possibility is restricted to what one can conceive as an alternative, what one can have a cognitive attitude to.

In a series of articles, David Barnett (2006, 2009, 2010) has developed a general theory of conditionals. The grand aim is to reconcile the two main rivals: a suppositional and a truth-conditional view (Barnett 2006, 521). While I confine my critical discussion to counterfactuals, I will give some hints how they might spell trouble for his suppositional view in general.

Berkeley's doctrines about mind, the language of nature, substance, minima sensibilia, notions, abstract ideas, inference, and freedom appropriate principles developed by the 16th-century logician Peter Ramus and his 17th-century followers (e.g., Alexander Richardson, William Ames, John Milton). Even though Berkeley expresses himself in Cartesian or Lockean terms, he relies on a Ramist way of thinking that is not a form of mere rhetoric or pedagogy but a logic and ontology grounded in Stoicism. This article summarizes the central features of Ramism, (...) indicates how Berkeley adapts Ramist concepts and strategies, and chronicles Ramism's pervasiveness in Berkeley's education, especially at Trinity College Dublin. (shrink)

Until recently, psychologists have conceptualised and studied trust in God (TIG) largely in isolation from contemporary work in theology, philosophy, history, and biblical studies that has examined the topic with increasing clarity. In this article, we first review the primary ways that psychologists have conceptualised and measured TIG. Then, we draw on conceptualizations of TIG outside the psychology of religion to provide a conceptual map for how TIG might be related to theorised predictors and outcomes. Finally, we provide a research (...) agenda for future empirical work in this area, as well as practical applications for counsellors and religious leaders. (shrink)

Matthew Soteriou provides an analysis of authoritatively knowing one’s own mental acts which depends on a surprising assumption: One cannot truly judge that one is judging. After briefly criticizing his account of one’s awareness that one is judging, I critically scrutinize two of his arguments against the possibility of truly judging that one is judging. Firstly, assuming such a possibility leads to a regress. Secondly, the second-order judgement inevitably replaces the first-order judgement such as to make the former wrong.

Take “legal reality” to be the part of reality that actual legal thought and talk is dis- tinctively about, such as legal institutions, legal obligations, and legal norms. Our goal is to explore whether legal reality is disunified. To illustrate the issue, consider the possibility that an important metaphysical thesis such as positivism is true of one part of legal reality (legal institutions), but not another (legal norms). We offer two arguments that suggest that legal reality is disunified: one concerns (...) the heteroge- neity of different entities that are part of legal reality; the other concerns variation within legal thought and talk. We then show that taking the possibility of the disunity of legal reality seriously has important upshots for how we think about the positivist and antipositivist traditions, the debate between them, and their relation to other parts of legal theory, such as critical legal theory and legal realism. (shrink)

There is a widespread assumption that B-theorists (according to whom there is nothing metaphysically special about the present moment in virtue of which it is present) should interpret the standard tense operators (‘it was the case that’, ‘it will be the case that’) as implicit quantifier-restrictors – so that, for example, an utterance at instant t of the sentence ‘It was the case that there are dinosaurs’ is true just in case there are dinosaurs located at some instant t* earlier (...) than t. However, it is easy to show that this interpretation of the tense operators creates serious problems for B-theorists when combined with certain other relatively uncontroversial B-theoretic assumptions. In this paper, I argue that the best way for B-theorists to respond to these problems is to treat the standard tense operators as redundant when the sentences in their scope are qualitative (i.e. not about any particular individuals). (shrink)