In this paper, I present the fundamental ideas of a new theory of justification strength. This theory is based on the epistemological approach to argumentation. Even the thesis of a valid justification can be false for various reasons. The theory outlined here identifies such possible errors. Justification strength is equated with the degree to which such possible errors are excluded. The natural expression of this kind of justification strength is the (rational) degree of certainty of the (...) belief in the thesis. (shrink)

We regularly make graded normative judgements in the epistemic domain. Recent work in the literature examines degrees of justification, degrees of rationality, and degrees of assertability. This paper addresses a different dimension of the gradeability of epistemic normativity, one that has been given little attention. How should we understand degrees of epistemic criticizability? In virtue of what sorts of factors can one epistemic failing be worse than another? The paper develops a dual-factor view of (...) class='Hi'>degrees of epistemic criticizability. According to the view, degrees of epistemic criticizability are (i) an inverse function of degrees of doxastic justification and (ii) a function of degrees of agent culpability. The paper develops an account of each factor, and explains how they should be weighted. The paper also addresses the importance of modelling degrees of epistemic criticizability in a broader context. I focus on the role that such a model can play in the ethics of epistemic criticism. (shrink)

According to the recent Perceptual Confidence view, perceptual experiences possess not only a representational content, but also a degree of confidence in that content. The motivations for this view are partly phenomenological and partly epistemic. We discuss both the phenomenological and epistemic motivations for the view, and the resulting account of the interface between perceptual experiences and degrees of belief. We conclude that, in their present state of development, orthodox accounts of perceptual experience are still to be favoured over (...) the perceptual confidence view. (shrink)

An essay on Kant's theory of justification, where by “justification” is meant the evaluative concept that specifies conditions under which a propositional attitude is rationally acceptable with a moderate-to-high degree of confidence. Kant employs both epistemic and non-epistemic concepts of justification: an epistemic concept of justification sets out conditions under which a propositional attitude is rationally acceptable with a moderate-to-high degree of confidence and a candidate (if true and Gettier-immune) for knowledge. A non-epistemic concept of (...) class='Hi'>justification, by contrast, sets out conditions under which attitudes are rationally acceptable with a moderate-to-high degree of confidence but not candidates for knowledge (even if true). The latter conditions will typically be “pragmatic” or “practical,” and thus license acceptance from a “practical” point of view. For Kant, only broadly-speaking practical reasons can provide adequate motivation for adopting a positive attitude towards a proposition (rather than suspending judgment) in the absence of sufficient epistemic grounds. -/- . (shrink)

According to a widely held view epistemic justification is a normative notion. According to another widely held assumption, epistemic justification comes in degrees. Given that gradability requires a context-sensitivity that normativity seems to lack, these two assumptions stand in tension. Giving up the assumption of gradability of justification represents a lesser theoretical cost.

Conceptions of acceptability-based moral or political justification take it that authoritative acceptability constitutes, or contributes to, validity, or justification. There is no agreement as to what bar for authoritativeness such justification may employ. The paper engages the issue in relation to (i) the level of idealization that a bar for authoritativeness, ψ, imparts to a standard of acceptability-based justification, S, and (ii) the degree of discursive purchase of the discursive standing that S accords to people when (...) it builds ψ. I argue that (i) and (ii) are interdependent: high idealization values entail low discursive purchase, while high degrees of purchase require low idealization values. I then distinguish between alethic conceptions of justification that prioritize ends that commit to high idealization values, and recognitive conceptions that favour high discursive purchase. On this basis, I argue for a moderately recognitivist constraint on idealization. To render the recognitive discursive minimum available to relevant people at the site of justification, S should set ψ low enough so that it is a genuine option for actual people to reject relevant views in ways that S recognizes as authoritative. (shrink)

This paper defends and develops the capacity view against insightful critiques from Matt McGrath, Adam Pautz, and Ram Neta. In response to Matt McGrath, I show why capacities are essential and cannot simply be replaced with representational content. I argue moreover, that the asymmetry between the employment of perceptual capacities in the good and the bad case is sufficient to account for the epistemic force of perceptual states yielded by the employment of such capacities. In response to Adam Pautz, I (...) show why a perceiver’s belief is better justified than the belief of someone who suffers a subjectively indistinguishable hallucination. I show, moreover, why the capacity view is compatible with standard Bayesian principles and how it accounts for degrees of justification. In response to Ram Neta, I discuss the relationship between evidence and rational confidence, as well as the notion of evidence in light of an externalism about perceptual content. (shrink)

My starting point is what I call the Normative Authority Conception of justification, where S is justified in their belief that p at t (to some degree n) if and only if their believing that p at t is not ruled out by epistemic norms that have normative authority over S at t. With this in mind, this paper develops an account of doxastic justification by first developing an account of the normative authority of epistemic norms. Drawing from (...) work in political philosophy, I argue that (a) the cognitive and evaluative commitments and concerns behind our actual practices of holding each other and ourselves accountable for our beliefs reveal which epistemic norms we have consented to be under, and that (b) it is because we have consented to be under the authority of these norms – by actually holding ourselves and others accountable to them – that they in turn have normative authority over us. By connecting the authority of epistemic norms to the authority we have over ourselves in this way, the resulting account of doxastic justification (i) explains why it can be appropriate to criticize, resent, or sanction someone for having unjustified beliefs, (ii) avoids the phenomena of normative alienation and normative parochialism, and (iii) respects the social and collective nature of epistemic justification. (shrink)

According to the inferential view of language comprehension, we hear a speaker’s utterance and infer what was said, drawing on our competence in the syntax and semantics of the language together with background information. On the alternative perceptual view, fluent speakers have a non-inferential capacity to perceive the content of speech. On this view, when we hear a speaker’s utterance, the experience confers some degree of justification on our beliefs about what was said in the absence of defeaters. So, (...) in the absence of defeaters, we can come to know what was said merely on the basis of hearing the utterance. Several arguments have been offered against a pure perceptual view of language comprehension, among others, arguments pointing to its alleged difficulties accounting for homophones and the context-sensitivity of ordinary language. After responding to the arguments against the perceptual view of language comprehension, I provide a new argument in favor of the perceptual view by looking closer at the dependence of the justificatory qualities of experience on the notion of a defeater as well as the perceptual nature of language learning and language processing. (shrink)

How to interpret autonomy plays a crucial role that leads to different readings in Kant’s moral metaphysics, philosophy of religion and moral psychology. In this paper I argue for a two-layered conception of autonomy with varying degrees of justification for each: autonomy as a capacity and autonomy as a paragon-like paradigm. I argue that all healthy rational humans possess the inalienable capacity of autonomy, i. e. share the universal ground for the communicability of objective basic moral principles. This (...) initial understanding stands for autonomy as a capacity about which we can talk of universal validity and justification. Nevertheless, the way a person fully actualizes herself, her freedom, namely autonomy, is shaped by her initial conception of autonomy and moral view of the world. Autonomy as an organic experience of real moral agents, which means an ongoing, non-static, irreducible and inexplicable judgmental process concerning one’s actualization of oneself gives way to consider autonomy as a godlike state of the soul even though one cannot provide objective validity for this. (shrink)

This paper is a reconstruction and analysis of Thomas Reid’s epistemology, based upon an examination of his extant manuscripts and publications. I argue that, in Reid’s view, a certain degree of “evidence” (or, as I shall say, ‘epistemic justification’) is that which distinguishes mere true belief from knowledge; and that this degree of justification may be ascribed to a person’s belief if and only if (i) the evidence upon which her belief is grounded is such that she holds (...) it with “certainty”; (ii) she has a “sound understanding”; (iii) she has a distinct conception of the object of her belief; and, finally, (iv) she has formed her belief “without prejudice”. (shrink)

It has been suggested that particle physics has reached the "dawn of the post-naturalness era." I provide an explanation of the current shift in particle physicists' attitude towards naturalness. I argue that the naturalness principle was perceived to be supported by the theories it has inspired. The potential coherence between major beyond the Standard Model (BSM) proposals and the naturalness principle led to an increasing degree of credibility of the principle among particle physicists. The absence of new physics at the (...) Large Hadron Collider (LHC) has undermined the potential coherence and has led to the principle's loss of significance. (shrink)

In A Priori Justification, Albert Casullo argues that extant attempts to explicate experiential justification—by stipulation, introspection, conceptual analysis, thought experimentation, and/or appeal to intuitions about hypothetical cases—are unsuccessful. He draws the following conclusion: “armchair methods” such as these are inadequate to the task. Instead, empirical methods should be used to investigate the distinction between experiential and non-experiential justification and to address questions concerning the nature, extent, and existence of the a priori. In this essay, I show that (...) Casullo has not refuted armchair explications of experiential justification, in particular those that appeal to introspectively accessible phenomenology. I do this by presenting a phenomenal theory of experiential justification that (a) has a significant degree of initial plausibility and (b) survives Casullo’s general attack on such theories. As a result, a premise in the central argument for Casullo’s signature proposal concerning the a priori is undermined. (shrink)

Reliabilists hold that a belief is doxastically justified if and only if it is caused by a reliable process. But since such a process is one that tends to produce a high ratio of true to false beliefs, reliabilism is on the face of it applicable to binary beliefs, but not to degrees of confidence or credences. For while beliefs admit of truth or falsity, the same cannot be said of credences in general. A natural question now arises: Can (...) reliability theories of justified belief be extended or modified to account for justified credence? In this paper, I address this question. I begin by showing that, as it stands, reliabilism cannot account for justified credence. I then consider three ways in which the reliabilist may try to do so by extending or modifying her theory, but I argue that such attempts face certain problems. After that, I turn to a version of reliabilism that incorporates evidentialist elements and argue that it allows us to avoid the problems that the other theories face. If I am right, this gives reliabilists a reason, aside from those given recently by Comesaña and Goldman, to move towards such a kind of hybrid theory. (shrink)

The debate over whether ‘fair-play’ can serve as a justification for legal punishment has recently resumed with an exchange between Richard Dagger and Antony Duff. According to the fair-play theorist, criminals deserve punishment for breaking the law because in so doing the criminal upsets a fair distribution of benefits and burdens, and punishment rectifies this unfairness. Critics frequently level two charges against this idea. The first is that it often gives the wrong explanation of what makes crime deserving of (...) punishment, since the wrongfulness of murder is not primarily about unfairness. The second is that it implies that all crimes deserve the same degree of punishment, because all crimes create the same degree of unfairness. These objections are viewed as revealing fatal flaws in the theory. Although Dagger attempts to meet these objections by drawing on political theory, Duff responds that this still draws upon the wrong kind of resources for meeting these objections. This paper argues that these two objections rest on a crucial mistake that has been overlooked by both the defenders and critics of fair-play. This mistake results from failing to distinguish between what justifies punishment as a response to crime (which requires a common element to all crime) and what justifies attaching particular penalties to crimes (which requires making distinctions in the severity of crime). The arguments presented will give reasons to consider fair-play as a viable justification for legal punishment. (shrink)

The Cartesian thesis that some justifications are infallible faces a gradation puzzle. On the one hand, infallible justification tolerates absolutely no possibility for error. On the other hand, infallible justifications can vary in evidential force: e.g. two persons can both be infallible regarding their pains while the one with stronger pain is nevertheless more justified. However, if a type of justification is gradable in strength, why can it always be absolute? This paper explores the potential of this gradation (...) challenge by rejecting Fumerton's recent ‘semantic decision' solution. On Fumerton's suggestion, the putative gradation of infallible justifications is essentially semantic. It concerns only how we use the relevant term but not how well we perceive the truth. Regardless of its intuitive appeal, Fumerton's solution does not cover all the related situations. There is an irreducibly epistemic sense in which infallible justifications vary in degrees. (shrink)

According to pragmatic encroachment, whether an epistemic attitude towards p has some positive epistemic status (e.g., whether a belief is epistemically rational or justified, or it amounts to knowledge) partially depends on practical factors such as the costs of being wrong or the practical goals of the agent. Pragmatic encroachment comes in many varieties. This survey article provides an overview of different kinds of pragmatic encroachment. It focuses on three dimensions under which kinds of pragmatic encroachment differ: the type of (...) epistemic status affected by practical factors, the type of practical factors affecting the epistemic status, and the type of normative considerations encroaching on the epistemic status. (shrink)

Recently, Michael Huemer has defended the Principle of Phenomenal Conservatism: If it seems to S that p, then, in the absence of defeaters, S thereby has at least some degree of justification for believing that p. This principle has potentially far-reaching implications. Huemer uses it to argue against skepticism and to defend a version of ethical intuitionism. I employ a reductio to show that PC is false. If PC is true, beliefs can yield justification for believing their contents (...) in cases where, intuitively, they should not be able to do so. I argue that there are cases where a belief that p can behave like an appearance that p and thereby make it seem to one that p. (shrink)

Bernard Molyneux presents some new arguments against descriptive evidentialism about intuitions. Descriptive evidentialism is the thesis that philosophers use intuitions as evidence. Molyneux's arguments are that: the propositions that intuition putatively supports are treated as having a degree and kind of certainty and justification that they could not have got from being intuited; intuitions influence us in ways we cannot explain by supposing we treat them as evidence; and certain strong intuitions that persuade us of their contents are treated (...) as inadmissible in the context of justification. This article presents a partial defence of descriptive evidentialism against these new arguments. (shrink)

This paper explores two related issues concerning Locke’s account of epistemic justification for empirical knowledge. One issue concerns the degree of justification needed for empirical knowledge. Commentators almost universally take Locke to hold a fallibilist account of justification, whereas I argue that Locke accepts infallibilism. A second issue concerns the nature of justification. Many (though not all) commentators take Locke to have a thoroughly internalist conception of justification for empirical knowledge, whereas I argue that he (...) has a (partly) externalist conception of justification: it is the fact that sensation is caused by an external object that justifies our belief in the corresponding object. So, while most commentators take Locke to be a fallibilist with an internalist conception of justification for empirical knowledge, I argue he is actually an infallibilist with an externalist conception of justification. (shrink)

I review recent work on Phenomenal Conservatism, the position introduced by Michael Huemer according to which if it seems that P to a subject S, in the absence of defeaters S has thereby some degree of justification for believing P.

While it is commonly accepted that justified beliefs must be strongly supported by evidence and that support comes in degrees, the question of how much evidential support one needs in order to have a justified belief remains. In this paper, I consider how the question about degrees of evidential support connects with recent debates between consequentialist and deontological explanations of epistemic norms. I argue that explaining why strong, but not conclusive, evidential support is required for justification should (...) be one explanandum that such theories seek to explain. Furthermore, I argue that foundational theories that appeal to the promotion of epistemic value (especially consequentialism, but perhaps also some versions of epistemic deontology) are better suited to provide such an explanation. (shrink)

The Humean conception of the self consists in the belief-desire model of motivation and the utility-maximizing model of rationality. This conception has dominated Western thought in philosophy and the social sciences ever since Hobbes’ initial formulation in Leviathan and Hume’s elaboration in the Treatise of Human Nature. Bentham, Freud, Ramsey, Skinner, Allais, von Neumann and Morgenstern and others have added further refinements that have brought it to a high degree of formal sophistication. Late twentieth century moral philosophers such as Rawls, (...) Brandt, Frankfurt, Nagel and Williams have taken it for granted, and have made use of it to supply metaethical foundations for a wide variety of normative moral theories. But the Humean conception of the self also leads to seemingly insoluble problems about moral motivation, rational final ends, and moral justification. Can it be made to work? (shrink)

The purpose of the paper is to draw attention to a kind of rational persuasion which has received little attention in argument studies even though its existence is acknowledged in other fields. I start with a brief analysis of the debates conducted in the comments on a philosophical blog. The posts are addressed to a non-academic audience, always end with a problem, and the reader is invited to offer a solution. In the comments we hardly ever find arguments in the (...) usual sense, i.e. in the sense that an argument consists of a set of premises providing justification for a conclusion. It is not that the arguments are laid out carelessly and require a good deal of reconstruction: typically, there is no argument to reconstruct. The author simply states his view, then goes on to sketch a larger picture of which his view is a part. In the responses to the comments we find the same: identification of the point of disagreement, no argument, elaboration of the preferred view in some detail. One might say that this is just a failure of rational discussion; in pragmadialectical terms, the discussion gets stuck in the opening stage. But there is another way of looking at the matter. Since the participants do not have sufficiently rich common background knowledge to take premises from, they cannot offer arguments proper and must resort to a different sort of rational persuasion. They try to show that their view can be extended into a larger, coherent picture. This makes good sense from an epistemological point of view. If a view is false, in trying to work out its details we sooner or later run into problems, so allowing coherent elaboration provides some degree of justification. One might say that the participants argue in the broad sense of trying to persuade by rational means, but they do that without adducing arguments proper. The claim that there is a way of rational persuasion which does not proceed by arguments proper can be further substantiated by noting that there debates whose status as rational discussion, as opposed to the comments on the philosophical blog, is not controversial. In discussing the work of some outstanding contemporary philosophers Gary Gutting argues that even though they do offer arguments, it is not by their arguments that they have convinced others of the viability of their approach, but by what he calls „persuasive elaboration”. We may also think of Kuhn’s account of the debates surrounding changes in paradigms: the arguments fail to persuade because their premises are not shared, but showing that the new paradigm can be extended to a vast variety of phenomena eventually succeeds. I finish by listing some questions this kind of rational persuasion may raise for argument studies. (shrink)

Abstract: Purpose - This study aimed to analyze the relationship between the determinants of organizational justice and their relationship to conscientious behavior from the point of view of officers working in the Palestinian police in Gaza Strip. Methodology - The study relied on the descriptive and analytical approach, using the questionnaire, targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers. The study tool was distributed among the (...) sample members in all departments and governorates. Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%). Findings - The existence of a positive correlation between the determinants of organizational justice and the behavior of conscience, and the existence of organizational justice in general in a medium degree and the order of its determinants is as follows: fairness of dealings and to a large degree, followed by fairness of procedures and a medium degree, and finally distribution fairness was to a small degree, while the behavior of conscience awareness came to a large extent. Significance - The existence of statistically significant differences between the respondents' averages of responding to the searched relationship due to the variables (type of administration, age group, job title, military rank, years of service). Recommendations - Work to take into account the fairness of distribution by providing adequate and fair salaries, granting bonuses for the additional efforts exerted, and budgeting in the distribution of duties and job burdens, as well as recommending attention to the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and creating an organizational climate dominated by a sense of justice. (shrink)

Turkish Epistemoloji rasyonel inançların felsefi analizini konu edinmesi nedeniyle gerekçelendirme edimine merkezi bir önem atfeder. Gerekçelendirme kişinin bir önermeye inanmak için gerekçeye sahip olunmasını sağlayan koşul veya koşullar dizisinin tespit edilmesini içerir. İnançlarımızın birçoğunun çıkarımsal olmayan gerekçelerinin bulunduğu şeklindeki ılımlı/yanılırcı temelci perspektifle uyum sağlayan bir gerekçelendirme teorisi olarak Michael Huemer tarafından ortaya konan görüngüsel muhafazakarlık ilkesi, bu türden bir koşulu tanımlar. GM formülasyonuna göre eğer S’ye p olarak görünüyorsa, çürütücü etmenlerin yokluğunda S’nin p’ye inanmak için en azından bir dereceye kadar (...) gerekçesi vardır. Görüngüler ise rasyonel inanç oluşturmanın olanağına referans veren, inanç ve inanma eğilimlerinden farklı, sui generis deneyimlerdir. Bu makalede görüngülerin doğasından hareketle GM’yi tanıttım ve GM’ye yöneltilen eleştirilerin bir bölümünü tartıştım. Yer verdiğim eleştiriler, GM’nin irrasyonel/tehlikeli görüngüler ve bilişsel nüfuzdan kaynaklanan inançları dahi gerekçelendirilmiş kabul ettiği, GM teorisyenlerinin görüngülere gerekçelendirme edimi özelinde biçtiği başat rolün ve inanç ve görüngüler arasında öngörülen farklılıkların abartılı olduğu itirazlarını içerir. Bana göre sözü edilen eleştirilerin hiçbiri, GM’nin reddedilmesini gerektiren argümanlar içermez. Görüngülerin epistemik gerekçelendirmedeki rolünü tesis eden GM veya benzeri bir ilkeyi kabul etmek için temel neden ise bunun şüphecilik haricindeki olası alternatiflerinin belirsizliğidir. Çünkü eğer görüngüler, inanç oluşturmada epistemik faile rehberlik edecek göstergeler ise bu, failin ilgili göstergelerden yoksun olduğunda herhangi bir şeye rasyonel olarak inanmasının olanaksızlaşacağı anlamına gelir. English Because epistemology deals with the philosophical analysis of rational beliefs, it assigns central importance to justification. Justification involves identifying the condition or set of conditions that enables one to have grounds for believing a proposition. The principle of phenomenal conservatism, put forward by Michael Huemer as a justification theory that accords with the moderate/fallibilist foundationalist perspective that many of our beliefs have non- inferential justifications, is a principle that defines such a condition. According to the PC formulation, if it seems to S that p, then, in the absence of defeaters, S thereby has at least some degree of justification for believing that p. Seemings/appearances are sui generis experiences that refer to the possibility of rational belief formation and are different from beliefs and dispositions to believe. In this article, I introduce PC based on the nature of seemings and evaluate some of the criticisms directed at PC. The criticisms I discuss include objections that PC even justifies beliefs stemming from irrational/dangerous seemings and cognitive penetration, and that the dominant role that PC theorists assign to seemings in the act of justification and the differences envisaged between beliefs and seemings are exaggerated. In my opinion, none of these criticisms contain arguments that would lead to the rejection of PC. The main reason to accept PC or a similar principle that establishes the role of seemings in epistemic justification is the vagueness of its possible alternatives other than skepticism. For, if seemings are indicators that guide the epistemic agent in forming beliefs, this means that it is impossible for the agent to believe anything rationally when she lacks the relevant indicators. (shrink)

In this essay we collect and put together a number of ideas relevant to the under- standing of the phenomenon of creativity, confining our considerations mostly to the domain of cognitive psychology while we will, on a few occasions, hint at neuropsy- chological underpinnings as well. In this, we will mostly focus on creativity in science, since creativity in other domains of human endeavor have common links with scientific creativity while differing in numerous other specific respects. We begin by briefly (...) introducing a few basic notions relating to cognition, among which the notion of ‘concepts’ is of basic relevance. The myriads of concepts lodged in our mind constitute a ‘conceptual space’ of an enormously complex structure, where con- cepts are correlated by beliefs that are themselves made up of concepts and are as- sociated with emotions. The conceptual space, moreover, is perpetually in a state of dynamic evolution that is once again of a complex nature. A major component of the dynamic evolution is made up of incessant acts of inference, where an inference occurs essentially by means of a succession of correlations among concepts set up with beliefs and heuristics, the latter being beliefs of a special kind, namely, ones relatively free of emotional associations and possessed of a relatively greater degree of justification. Beliefs, along with heuristics, have been described as the ‘mind’s software’, and con- stitute important cognitive components of the self-linked psychological resources of an individual. The self is the psychological engine driving all our mental and physical activity, and is in a state of ceaseless dynamics resulting from one’s most intimate ex- periences of the world accumulating in the course of one’s journey through life. Many of our psychological resources are of a dual character, having both a self-linked and a shared character, the latter being held in common with larger groups of people and imbibed from cultural inputs. We focus on the privately held self-linked beliefs of an individual, since these are presumably of central relevance in making possible inductive inferences – ones in which there arises a fundamental need of adopting a choice or making a decision. Beliefs, decisions, and inferences, all have the common link to the self of an individual and, in this, are fundamentally analogous to free will, where all of these have an aspect of non-determinism inherent in them. Creativity involves a major restructuring of the conceptual space where a sustained inferential process eventually links remote conceptual domains, thereby opening up the possibility of a large number of new correlations between remote concepts by a cascading process. Since the process of inductive inference depends crucially on de- cisions at critical junctures of the inferential chain, it becomes necessary to examine the basic mechanism underlying the making of decisions. In the framework that we attempt to build up for the understanding of scientific creativity, this role of decision making in the inferential process assumes central relevance. With this background in place, we briefly sketch the affect theory of decisions. Affect is an innate system of response to perceptual inputs received either from the exter- nal world or from the internal physiological and psychological environment whereby a positive or negative valence gets associated with a perceptual input. Almost every sit- uation faced by an individual, even one experienced tacitly, i.e., without overt aware-ness, elicits an affective response from him, carrying a positive or negative valence that underlies all sorts of decision making, including ones carried out unconsciously in inferential processes. Referring to the process of inferential exploration of the conceptual space that gener- ates the possibility of correlations being established between remote conceptual do- mains, such exploration is guided and steered at every stage by the affect system, analogous to the way a complex computer program proceeds through junctures where the program ascertains whether specified conditions are met with by way of generating appropriate numerical values – for instance, the program takes different routes, depending on whether some particular numerical value turns out to be positive or negative. The valence generated by the affect system in the process of adoption of a choice plays a similar role which therefore is of crucial relevance in inferential processes, especially in the exploration of the conceptual space where remote domains need to be linked up – the affect system produces a response along a single value dimension, resembling a number with a sign and a magnitude. While the affect system plays a guiding role in the exploration of the conceptual space, the process of exploration itself consists of the establishment of correlations between concepts by means of beliefs and heuristics, the self-linked ones among the latter having a special role in making possible the inferential journey along alternative routes whenever the shared rules of inference become inadequate. A successful access to a remote conceptual domain, necessary for the creative solution of a standing problem or anomaly – one that could not be solved within the limited domain hitherto accessed – requires a phase of relatively slow cumulative search and then, at some stage, a rapid cascading process when a solution is in sight. Representing the conceptual space in the form of a complex network, the overall process can be likened to one of self-organized criticality commonly observed in the dynamical evolution of complex systems. In order that inferential access to remote domains may actually be possible, it is necessary that restrictions on the exploration process – necessary for setting the context in ordinary instances of inductive inference – be relaxed and a relatively free exploration in a larger conceptual terrain be made possible. This is achieved by the mind going into the default mode, where external constraints – ones imposed by shared beliefs and modes of exploration – are made inoperative. While explaining all these various aspects of the creative process, we underline the supremely important role that analogy plays in it. Broadly speaking, analogy is in the nature of a heuristic, establishing correlations between concepts. However, analo- gies are very special in that these are particularly effective in establishing correlations among remote concepts, since analogy works without regard to the contiguity of the concepts in the conceptual space. In establishing links between concepts, analogies have the power to light up entire terrains in the conceptual space when a rapid cas- cading of fresh correlations becomes possible. The creative process occurs within the mind of a single individual or of a few closely collaborating individuals, but is then continued by an entire epistemic community, eventually resulting in a conceptual revolution. Such conceptual revolutions make pos- sible the radical revision of scientific theories whereby the scope of an extant theory is broadened and a new theoretical framework makes its appearance. The emerging theory is characterized by a certain degree of incommensurability when compared with the earlier one – a feature that may appear strange at first sight. But incommen- surability does not mean incompatibility and the apparently contrary features of the relation between the successive theories may be traced to the multi-layered structureof the conceptual space where concepts are correlated not by means of single links but by multiple ones, thereby generating multiple layers of correlation, among which some are retained and some created afresh in a conceptual restructuring. We conclude with the observation that creativity occurs on all scales. Analogous to correlations being set up across domains in the conceptual space and new domains being generated, processes with similar features can occur within the confines of a domain where a new layer of inferential links may be generated, connecting up sub- domains. In this context, insight can be looked upon as an instance of creativity within the confines of a domain of a relatively limited extent. (shrink)

The COVID-19 pandemic has made relevant questions regarding the limits and the justifications of sovereign power as nation states utilize high degrees of power over populations in their strategies of countering the virus. In our article, we analyze a particularly important facet of the strategy of sovereignty in managing the affects caused by a pandemic, which we term the ontology of war. We analyze the way in which war plays a significant role in the political ontology of our societies, (...) through its aiming to produce a unified political subject and an external enemy. Taking our theoretical cue from Butler’s thinking on frames of recognizability we extend her theory through augmenting it with affect theory to argue for how the frame of recognizability produced by the ontology of war fails to guide our understanding of the pandemic as a political problem, a failure that we analyze through looking at the affective register. We argue that the main affect that the nation state tries to manage, in relation to the pandemic, through the ontology of war is anxiety. We show that the nation state tries to alleviate anxiety by framing it through the ontology war, this leads to the appearance of a potentially racist and nationalist affective climate where the “enemy” is no longer felt to be the virus, but members of other nations as well as minorities. We argue that the pandemic reveals both the political ontology of war central to the foundation of our political communities, and how this ontology is used by the nation state to manage feelings of anxiety and insecurity. Ultimately, as we will discuss at the end of this article, this leads to failure. (shrink)

As a sort of intellectual provocation and as a lateral thinking strategy for creativity, this chapter seeks to determine what the study of the dynamics of biodiversity can offer linguists. In recent years, the analogical equation "language = biological species" has become more widespread as a metaphorical source for conceptual renovation, and, at the same time, as a justification for the defense of language diversity. Language diversity would be protected in a way similar to the mobilization that has taken (...) place to protect endangered species. Nevertheless, one must be careful when uncritically transferring conceptualizations and theoretical frameworks from one field to another, since obviously, these two phenomena are quite different in the real world. The dialogue with bioecologists starts by asking about the formation of diversity, i.e., about specialization. Here, one can observe the similarity between the processes of linguistic and genetic fragmentation, in the sense that both phenomena have a (socio)geographical basis for dispersion and consequently, for the loss of their original compact nature and their intercommunication. The self-organizing and creative properties of human beings favor the development of specific varieties for each subset, varieties that continue to evolve constantly, through the unceasing "languaging" of humanity. Regarding the continuity of species or languages, one can also observe the decisive role of intragroup relations. The staying power of linguistic varieties will increase in direct proportion to the intensity of the relationship among the components of the subset. On the other hand, if exotic elements are introduced, especially if these elements are aggressive in nature, the alteration of the ecological niche may turn out to be fatal for the continuity of the previously existing forms. This suggests to us the need to make an in-depth study of what the minimal contextual conditions would be so that a set linguistic group could be assured a sustainable continuity within a framework of linguistic contact. What type of minimum (socio-)ecological niche would a language have to have if we wished to ensure its habitual reproduction? A proposal is made here to explore the ideas of "exclusive functions" and "non-hierarchical functional distribution" for codes in situations where there is high contact and a danger of disuse. As regards change, this phenomenon is seen as an inherent element in the tendency of life to create new developments, which may or not be accompanied by an adaptation to changing environmental conditions. It is pointed out that, similar to what happens in biology, much of linguistic innovation stems from a systemically reorganized mixture of solutions from different codes. An important research question would be, however, to determine why some of these innovations disappear and others survive and extend throughout the community. The big question mark, as Mufwene points out, is, then how to manage to understand how "the evolution of language proceeds by naturally selecting from among the competing alternatives available through the idiolects of individual speakers". Extinction, whether it be of languages or of species, is caused in most cases "by a combination of demographic processes and environmental changes", as Brown points out. Thus, the environment plays a fundamental role in the direction of evolution, since the "the survival of the fittest is, in actuality, the survival of those who fit into the context (Allen and Hoekstra)". This allows us to see the great degree of importance of political-economic contexts in the case of languages. In the same way, migratory movements are also one of the major variables determining the extinction of biodiversity and language diversity. Species and habitat form the basic unit of existence, and this is the major point of departure for understanding the problem of the preservation and recovery of species or languages. Given the increase in the degree of linguistic contact, the continuity of language diversity depends on determining, as exactly as possible, as Prigogine, the physicist, would say, what precise conditions of imbalance may prove to be stable. The great challenge is not so much avoiding contact but managing it. And "restorative ecology" can also be of help to us here. Being able to reach sustainable solutions for language diversity implies a profound knowledge of the dynamics for determining the ways in which language is used in contact situations. The general conclusion is that linguistics is still terminologically and conceptually ill prepared to deal with the dynamic character of human languages. The world and our objects must be conceived of as elements in a state of flux, as changing systems in an unstable equilibrium. With respect to language policy, it would be necessary to make an effort to manage to establish some general principles regarding the linguistic organization of the human species that would make it possible for local linguistic diversity and communication on a planetary scale, which must necessarily take place, to be compatible with each other. To succeed, it will be necessary to continue promoting an autonomous socio-ecological perspective devoted to the comprehension of language phenomena. Such a perspective would be based on a paradigm of complexity, and would, at the same time, place human beings at the center of its theoretical underpinnings. (shrink)

The European ideals – as well as the idea of Europe per se – are faced with a serious challenge due to recent migration crisis: it is not just the reflexes, the effectiveness and the policies, but also the consistency, the principles and the justification of the notion of the European Union that is in stake. Kant’s concept of universal hospitality could probably provide a good way out of this conundrum: while hospitality has largely been viewed as a solidarity-related (...) imperfect duty towards others, that is, a less compelling duty that allows moral agents for certain latitude concerning the occasions and the degree of its implementation, Kant’s views allow for a totally different perspective, and, in my view, a much more philosophically nuanced one: hospitality might also be considered as an autonomy-based duty owed to others, and in this respect could count as a perfect, morally compelling duty. To the extent that the concept of Europe consists in humanitarian ideals that are based upon a strong philosophical humanistic tradition, I consider my claim to be in perfect harmony with the true spirit of Europe. (shrink)

Dignity is traditionally thought to apply to almost all and almost only humans. However, I argue that an account of a distinctly human dignity cannot achieve a coherent and non-arbitrary justification; either it must exclude some humans or include some nonhumans. This conclusion is not as worrying as might be first thought. Rather than attempting to vindicate human dignity, dignity should extend beyond the human, to include a range of nonhuman animals. Not only can we develop a widely inclusive (...) account of dignity by pursuing this route, but we can still defend the three core principles that lie at the heart of contemporary thinking about dignity: that bearers of dignity possess dignity to an equal degree, in virtue of possessing the same intrinsic worth, and that this generates direct and claimable rights. I thus develop an account of dignity that includes nonhuman animals. I argue that the capacity to value most plausibly grounds dignity. This capacity arises from valenced sentience: a being values insofar as they have experiences that matter to them. I then characterise what follows from this. First, I contend that it is only the capacity to value grounds dignity because this produces the most plausible, simplest, and most explanatorily powerful account of dignity. We ought to reject pluralist accounts which assert a sharp distinction between bearers and non-bearers of rational agency, and biocentric accounts which include non-sentient organic entities. Second, I argue this property grounds an account of dignity that is non-hierarchical. There are no degrees of dignity. Instead, all possessors of the capacity to value have the same kind of intrinsic value, and the same equal fundamental right: to consideration of their interest in leading a life of value. Finally, I argue that since the fundamental right is to consideration, moral agents have claimable duties to engage in a deliberative procedure with actionable requirements. Specific rights are instantiations of this general procedure. Certain revisionist conclusions follow on my view, for instance, that nonhumans should be given greater weight and inclusion in a far wider range of cases, but my account is sensitive to the range of different things different beings value, so it does not generate counterintuitive implications. I conclude that dignity extends beyond the human. (shrink)

All societies have to balance privacy claims with other moral concerns. However, while some concern for privacy appears to be a common feature of social life, the definition, extent and moral justifications for privacy differ widely. Are there better and worse ways of conceptualising, justifying, and managing privacy? These are the questions that lie in the background of this thesis. -/- My particular concern is with the ethical issues around privacy that are tied to the rise of new information and (...) communication technologies (henceforth “ICT”). The focus here is on technologies involved in processing personal data in its broadest sense, including “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.” The issue of moral concern is commonly designated as that of 'data privacy'. -/- The first step is to consider why privacy matters, or ought to matter, in the first place. And here we run into our first difficulty, since both the conceptualisation of privacy and the justification for the right to privacy are matters for contention. On the one hand, we are animated by a moral concern for privacy in some sense; on the other, we lack the conceptual and moral resources for making sense of this concern or for promoting particular social policies and criticising others. This often-cited dichotomy and its ensuing confusion have been the central motivation for most of the philosophical literature on privacy – including this thesis. -/- In what follows, I will suggest a way out of the confusion that pervades the current debate on data privacy. I will essentially argue two claims: one, that the concept of (data) privacy is uniquely characterised by a particular context within which we exchange information; two, that because (data) privacy constitutes an intrinsic value, its moral concerns and justifications ought to be deliberated as such. -/- The first chapter sketches the current data privacy landscape by introducing a number of concepts and arguing the unique nature of the landscape. I argue that the traditional distinction between four kinds of privacy (physical, mental, decisional and informational) is no longer accurate, given the technological context that reduces, unifies and processes all aspects of people’s lives by means of digital data. In fact, to hold on to the distinction leads to a fundamental misconception of data privacy. I further argue that today’s distinction between data protection and data privacy runs the risk of ignoring the fact that the former is an inherent aspect of the latter. These arguments allow me to settle on a (provisional) definition of data privacy: controlling how data about identifiable people is processed by ICT. -/- Next, I draw a line between descriptive and normative accounts of data privacy, and explain why this book belongs to the latter category. After a brief discussion of the coherence and distinctiveness theses, and of the difference between instrumental and intrinsic theories of privacy, I introduce the problem of data privacy as a distinct, coherent, and intrinsic moral concern. Three arguments support this position: one, data privacy is a coherent moral concern because it is motivated by a singular moral concept; two, data privacy is a distinct moral concern because the privacy challenges we face today are of a fundamentally new nature – distinct from any moral concerns we’ve faced in the past; and three, data privacy is an intrinsic moral concern that is predominantly justified, not by what it instrumentally protects us from, but by what it intrinsically constitutes. -/- Chapter Two makes the case against a harm-based, consequentialist approach to data privacy. After a brief introduction to the basic tenets of consequentialism I discuss harm-based arguments in favour as well as against privacy. I explain how privacy may protect us against psychological distress, but at the same time constitute the source of that distress; how privacy may be necessary for the proper functioning of democratic societies, but at the same time provide a cloak for anti-social and immoral behaviour; and how privacy protects us against the improper use of our personal data by others, but at the same enables us to conceal information or spread false information about ourselves in ways that are harmful to others. Next, I argue that consequentialism essentially relies on two flawed presumptions – that we know what harm is, and that we know how to predict it – and discuss the controversies surrounding definitions and predictions of harm. This argument becomes especially pertinent in today’s rapidly changing technological context: we may guess, and make assumptions, perhaps even find correlations, but don’t really know or understand (yet) with any degree of certainty the harmful consequences today’s data privacy violations are causing or will eventually cause – if any. -/- I illustrate this with examples of recent data privacy violations, and with a brief overview of consequentialist arguments for and against data privacy. Those who invoke consequentialist arguments against data privacy claim that personal data is nothing more than a raw material that can be turned into something useful and valuable without harming anyone. Choosing to move fast and break things – a popular mantra that promotes the benefits of technological “permissionless innovation” over and above its risks and costs – they draw our attention to the many benefits free data flows generate. Those who rely on consequentialist arguments in favour of data privacy, on the other hand, insist on actual and potential misuse of personal data. Rather careful than sorry, they draw our attention to the urgent need to take back control and protect ourselves against data privacy violations – precisely because we don’t know which harm they may cause in the future. Others go one step further and argue that these violations are part of a broader ideology of power. -/- What Chapter Two demonstrates is that vague definitions, unreliable predictions and inconclusive allegations of harm from both sides of the debate perpetuate a stalemate that fails to produce morally defensible answers to our growing data privacy concerns. Deliberating about data privacy from a consequentialist perspective is a dead end. -/- Chapter Three proposes an alternative to the harm-based approach, namely that privacy is an intrinsic value that deserves moral protection for its own sake. After a brief account of what I take values to be, and why we have a need to protect them, I introduce the foundational value of respect for persons, and lay out my main argument in two steps. The conceptual component of my argument returns to the definition of data privacy I had temporarily settled on in Chapter One, but now with the added consideration of the particular context, and particular circumstances and attitudes, within which information is exchanged. This addition is crucial, as it reveals the fundamental value that is at stake in our data privacy concerns, namely the inherent value of each and every person, which we protect by upholding an ethical principle commonly known as the principle of respect for persons. It is for this reason that the violation of privacy cannot (only) be expressed in terms of harm. I further argue that the principle of respect for persons is consistent with, and in fact unthinkable without, some degree of privacy. -/- I reply to potential challenges to a value-based approach to data privacy by showing that (i) values and value trade-offs are fundamentally different from consequential benefits and cost-benefit analyses; (ii) the suspension of one value in favour of another is not inherently contradictory; what matters is morally defensible deliberation about values and valid individual consent; (iii) data privacy concerns cannot be reduced to other moral concerns and therefore deserve a specific, distinct protection. -/- Finally, because this is a thesis in applied ethics, I attempt an answer to the question as to how we ought to apply a value-based approach to practical data privacy concerns. I argue that a revised, three-pronged version of John Rawls’ reflective equilibrium, founded on the non-negotiable principle of respect for persons, is the best possible procedure to deliberate data privacy concerns in relation to other moral values. (shrink)

Since his Metaphysische Anfangsgründe der Naturwissenschaft was first published in 1786, controversy has surrounded Immanuel Kant’s conception of matter. In particular, the justification for both his dynamical theory of matter and the related dismissal of mechanical philosophy are obscure. In this paper, I address these longstanding issues and establish that Kant’s dynamism rests upon Leibnizian, metaphysical commitments held by Kant from his early pre-Critical texts on natural philosophy to his major critical works. I demonstrate that, throughout his corpus and (...) inspired by Leibniz, Kant endorses the a priori law of continuity of alteration as a truth of metaphysics, according to which all alterations in experience must occur gradually through all intervening degrees. The principle thus legislates against mechanical philosophy’s absolutely impenetrable atoms, as they would would involve instantaneous changes of velocity in impact. This reveals the metaphysical incoherencies in mechanical philosophy and leaves Kant’s own dynamical theory of matter, grounded on material forces, as the only viable approach to physical explanation. Subsequently, I demonstrate that Kant nevertheless made conceptual space in his system for the theoretical consideration of mechanical explanations, which makes manifest one of the positive roles that the faculty of reason can play with respect to natural science. (shrink)

This article addresses the exclusivism–inclusivism debate about religious reasons in law within a justificatory liberal framework. The question of whether religious reasons have justificatory capacity for attaining public justification has increasingly been seen as a matter of how public justification is understood between two rival models: the consensus model being aligned with exclusivism, the convergence model with inclusivism. More recently, however, that alignment has been challenged with attempts to show that consensus can reach an equivalent degree of inclusivism (...) as convergence. Against this, I contend that the purported equivalence is misplaced. First, I identify a crucial ambiguity about public justification and two corresponding domains. Upon demonstrating these to be mutually independent and severable, I conclude that the moves to equalize the models are confined within the more narrow domain while, in the more fundamental domain, the choice of model continues to prove determinative as to the exclusivist or inclusivist valence of justificatory liberalism. (shrink)

I argue to a conclusion I find at once surprising and intuitive: although many considerations show trust useful, valuable, important, or required, these are not the reasons for which one trusts a particular person to do a particular thing. The reasons for which one trusts a particular person on a particular occasion concern, not the value, importance, or necessity of trust itself, but rather the trustworthiness of the person in question in the matter at hand. In fact, I will suggest (...) that the degree to which you trust a particular person to do a particular thing will vary inversely with the degree to which you must rely, for the motivation or justification of your trusting response, on reasons that concern the importance, or value, or necessity of having such a response. (shrink)

My aim in the present paper is to develop a new kind of argument in support of the ideal of liberal neutrality. This argument combines some basic moral principles with a thesis about the relationship between the correct standards of justification for a belief/action and certain contextual factors. The idea is that the level of importance of what is at stake in a specific context of action determines how demanding the correct standards to justify an action based on a (...) specific set of beliefs ought to be. In certain exceptional contexts –where the seriousness of harm in case of mistake and the level of an agent’s responsibility for the outcome of his action are specially high– a very small probability of making a mistake should be recognized as a good reason to avoid to act based on beliefs that we nonetheless affirm with a high degree of confidence and that actually justify our action in other contexts. The further steps of the argument consist in probing 1) that the fundamental state’s policies are such a case of exceptional context, 2) that perfectionist policies are the type of actions we should avoid, and 3) that policies that satisfy neutral standards of justification are not affected by the reasons which lead to reject perfectionist policies. L’objectif de cet article est de développer un nouveau type d’argument en faveur de l’idéal la neutralité libérale. Cet argument combine des principes moraux de base à une thèse concernant le rapport entre, d’une part, les standards de justification corrects d’une croyance/action et, d’autre part, certains facteurs contextuels. L’idée de fond est que l’importance de ce dont il est question dans un contexte spécifique d’actions détermine le niveau d’exigence des standards de justification pour une action basée sur un ensemble spécifique de croyances. Dans certains contextes exceptionnels – où l’importance du tort causé en cas d’erreur est grande et où le niveau de responsabilité de l’agent envers ses actions est élevé – une très petite probabilité d’erreur devrait être considérée comme une bonne raison d’éviter d’agir en suivant des croyances que, néanmoins, nous affirmons avec un haut niveau de confiance et qui justifient nos actions dans d’autres contextes. Les étapes de l’argumentation consistent à vérifier que 1) les politiques fondamentales de l’État sont un cas d’un tel type de contexte exceptionnel, 2) les politiques perfectionnistes sont le type d’actions que l’on devrait éviter, et 3) les politiques qui satisfont les standards de justification neutre ne sont pas affectées par les raisons qui nous poussent à rejeter les politiques perfectionnistes. (shrink)

I formulate a resilient paradox about epistemic rationality, discuss and reject various solutions, and sketch a way out. The paradox exemplifies a tension between a wide range of views of epistemic justification, on the one hand, and enkratic requirements on rationality, on the other. According to the enkratic requirements, certain mismatched doxastic states are irrational, such as believing p, while believing that it is irrational for one to believe p. I focus on an evidentialist view of justification on (...) which a doxastic state regarding a proposition p is epistemically rational or justified just in case it tracks the degree to which one’s evidence supports p. If it is possible to have certain kinds of misleading evidence, then evidentialism and the enkratic requirements come into conflict. Yet, both have been defended as platitudinous. After discussing and rejecting three solutions, I sketch an account that rejects the enkratic requirements, while nevertheless explaining our sense that epistemic akrasia is a distinct kind of epistemic failure. Central to the account is distinguishing between two evaluative perspectives, one having to do with the relevant kind of success, the other having to do with manifesting good dispositions. The problem with akratic subjects, I argue, is that they manifest dispositions to fail to correctly respond to a special class of conclusive and conspicuous reasons. (shrink)

In the paper, original formal-logical conception of syntactic and semantic: intensional and extensional senses of expressions of any language L is outlined. Syntax and bi-level intensional and extensional semantics of language L are characterized categorically: in the spirit of some Husserl’s ideas of pure grammar, Leśniewski-Ajukiewicz’s theory syntactic/semantic categories and in accordance with Frege’s ontological canons, Bocheński’s famous motto—syntax mirrors ontology and some ideas of Suszko: language should be a linguistic scheme of ontological reality and simultaneously a tool of its (...) cognition. In the logical conception of language L, its expressions should satisfy some general conditions of language adequacy. The adequacy ensures their unambiguous syntactic and semantic senses and mutual, syntactic, and semantic compatibility, correspondence guaranteed by the acceptance of a postulate of categorial compatibility syntactic and semantic categories of expressions of L. From this postulate, three principles of compositionality follow: one syntactic and two semantic already known to Frege. They are treated as conditions of homomorphism partial algebra of L into algebraic models of L: syntactic, intensional, and extensional. In the paper, they are applied to some expressions with quantifiers. Language adequacy connected with the logical senses described in the logical conception of language L is, of course, an idealization, but only expressions with high degrees of precision of their senses, after due justification, may become theorems of science. (shrink)

The first part of this paper surveys five perspectives in Kant’s philosophy on the quantity of retribution to be inflicted on wrongdoers, ordered by two dimensions of difference – whether they are theoretical or practical perspectives, and the quantity of retribution they prescribe: (1) theoretical zero, the perspective of theoretical philosophy; (2) practical infinity, the perspective of God and conscience; (3) practical equality, the perspective of punishment in public law; (4) practical degrees, the perspective we adopt in private relations (...) to others and (5) practical zero, a perspective I argue is entailed by Kant’s doctrine of strict right, which is his justification of coercing compliance with public law. Kant acknowledges 1–4 but not 5. The second part draws on Kant’s account of the burden of proof in criminal law to argue that Kant is wrong to adopt 3 in responding to criminals, and that we ought to adopt 5 instead. (shrink)

The justificatory force of empirical reasoning always depends upon the existence of some synthetic, a priori justification. The reasoner must begin with justified, substantive constraints on both the prior probability of the conclusion and certain conditional probabilities; otherwise, all possible degrees of belief in the conclusion are left open given the premises. Such constraints cannot in general be empirically justified, on pain of infinite regress. Nor does subjective Bayesianism offer a way out for the empiricist. Despite often-cited convergence (...) theorems, subjective Bayesians cannot hold that any empirical hypothesis is ever objectively justified in the relevant sense. Rationalism is thus the only alternative to an implausible skepticism. (shrink)

It is clear that lack of awareness of the consequences of an action can undermine moral responsibility and blame for these consequences. But when and how it does so is controversial. Sometimes an agent believing that the outcome might occur is excused because it seemed unlikely to her, and sometimes an agent having no idea that it would occur is nevertheless to blame. A low or zero degree of belief might seem to excuse unless the agent “should have known better”, (...) but it is unclear how to spell out this normative condition. -/- This chapter combines (a) an independently motivated account of responsibility, blame, and credit as grounded in a normal explanatory relation between agential qualities and objects of responsibility with (b) the familiar Strawsonian idea that moral blame and credit depend on the agent’s quality of will. The resulting explanatory quality of will condition on moral responsibility is then further motivated by being shown to account for the effects on moral blame and credit of justifications, as well as of excuses and undermined control in cases not involving ignorance. -/- The explanatory quality of will condition is finally applied to cases involving various degrees of lack of awareness. Though this condition itself involves no awareness requirement, it is shown how it accounts for the degrees to which lack of awareness can excuse. It is also explained how lack of awareness fails as an excuse exactly when the agent should have known better and can be blamed for not doing so. (shrink)

Infinitists argue that their view outshines foundationalism because infinitism can, whereas foundationalism cannot, explain two of epistemic justification’s crucial features: it comes in degrees and it can be complete. I present four different ways that foundationalists could make sense of those two features of justification, thereby undermining the case for infinitism.

The standard of proof in criminal trials in many liberal democracies is proof beyond a reasonable doubt, the BARD standard. It is customary to describe it, when putting a number on it, as requiring that the fact finder be at least 90% certain, after considering the evidence, that the defendant is guilty. Strikingly, no good reason has yet been offered in defense of using that standard. A number of non-consequentialist justifications that aim to support an even higher standard have been (...) offered; all are morally unsound. Meanwhile, consequentialist arguments plausibly support a substantially lower standard — in some cases so low as to undermine the idea that punishment is what is at stake. In this paper, I offer a new retributive justification that supports excluding the instrumental benefits of punishment from the balance that sets the standard. The resulting balance supports a standard arguably in the ballpark of the customary understanding of BARD: a standard requiring that the fact finder have a high, though not maximally high, degree of confidence that the defendant is guilty. (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...) role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

Alvin Plantinga’s Warrant and Proper Function gives two major definitions of warrant. One states that reliable cognitive faculties aimed at true belief and functioning properly in the right environment are necessary and sufficient for warrant; the other definition only states that they are necessary. The latter definition is the more important one. There are different kinds of knowledge, and justification is necessary for some beliefs to be warranted. Even a belief warranted by proper function can receive a higher degree (...) of warrant by justification. This implies that natural theology has a useful role within the contours of a Plantingian epistemology. (Please note that the pagination here does not match the pagination in the published edition.). (shrink)

In recent years, the idea has been gaining ground that our traditional conceptions of knowledge and cognition are unduly limiting, in that they privilege what goes on inside the ‘skin and skull’ of an individual reasoner. Instead, it has been argued, knowledge and cognition need to be understood as embodied, situated, and extended. Whether these various interrelations and dependencies are ‘merely’ causal, or are in a more fundamental sense constitutive of knowledge and cognition, is as much a matter of controversy (...) as the degree to which they pose a challenge to ‘traditional’ conceptions of cognition, knowledge and the mind. In this paper we argue that when the idea of ‘extendedness’ is applied to a core concept in epistemology and the philosophy of science—namely, scientific evidence—things appear to be on a much surer footing. The evidential status of data gathered through extended processes—including its utility as justification or warrant—do not seem to be weakened by virtue of being extended, but instead are often strengthened because of it. Indeed, it is often precisely by virtue of this extendedness that scientific evidence grounds knowledge claims, which individuals may subsequently ascribe to themselves. The functional equivalence between machine-based gathering, filtering, and processing of data and human interpretation and assessment is the crucial factor in deciding whether evidence has been gathered, rather than the distinction between intra- and extracranial processes or individual and social processes. To prioritize biological processes here, and to assert the superiority of human cognitive capacities seems both arbitrary and unwarranted with respect to gathering evidence, and ultimately would lead to an unattractive skepticism about many of the methods used in science to gather evidence. In other words, conceiving of scientific evidence as ‘impersonal’ not only better captures the character of evidence-gathering in practice, but also makes sense of a large amount of evidence-gathering that ‘personal’ accounts fail to either acknowledge or accurately describe. Whilst we suggest it is likely that all internally-distributed evidence-gathering processes are merely contingently internal processes, a significant number of externally-distributed evidence-gathering processes are necessarily externally-distributed. Some evidence can only be gathered by extended epistemic agents. (shrink)

On rationalist infallibilism, a wide range of both (i) analytic and (ii) synthetic a priori propositions can be infallibly justified (or absolutely warranted), i.e., justified to a degree that entails their truth and precludes their falsity. Though rationalist infallibilism is indisputably running its course, adherence to at least one of the two species of infallible a priori justification refuses to disappear from mainstream epistemology. Among others, Putnam (1978) still professes the a priori infallibility of some category (i) propositions, while (...) Burge (1986, 1988, 1996) and Lewis (1996) have recently affirmed the a priori infallibility of some category (ii) propositions. In this paper, I take aim at rationalist infallibilism by calling into question the a priori infallibility of both analytic and synthetic propositions. The upshot will be twofold: first, rationalist infallibilism unsurprisingly emerges as a defective epistemological doctrine, and second, more importantly, the case for the a priori infallibility of one or both categories of propositions turns out to lack cogency. (shrink)

In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a degreed property to count as (...) class='Hi'>degrees of consciousness, and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

This paper defends pro-realism, the view that it is better if moral realism is true rather than any of its rivals. After offering an account of philosophical angst, I make three general arguments. The first targets nihilism: in securing the possibility of moral justification and vindication in objecting to certain harms, moral realism secures something that is non-morally valuable and even essential to the meaning and intelligibility of our lives. The second argument targets antirealism: moral realism secures a desirable (...) independence for moral justification that is qualitatively different from the anti-realistic construal of independence that is only explicable in terms of degrees of distance from our subjective responses and attitudes. Finally, I argue that while the pan-expressivist semantic program of quasi-realism has significant effects on what can be appropriately said in meta-ethical discourse, it provides no comfort to the pro-realist who is already angsty about anti-realism. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)