This chapter offers an overview of experimental legal philosophy with a special focus on questions in general jurisprudence, that part of legal philosophy that asks about the concept and nature of law. Much of the experimental general jurisprudence work has tended to follow the questions that have interested general jurisprudence scholars for decades, that is, questions about the relation between legal norms and moral norms. Wholesale criticism of experimental general jurisprudence is scant, but, given existing debates (...) about experimental philosophy generally, one can anticipate where disagreement is likely to occur. Outside of experimental general jurisprudence, there is plenty of vibrant discussion about how experimental results can enrich our understanding of various concepts that figure in everyday legal thought such as causation, intention, consent, or meaning. In the future, experimental legal philosophers should continue to consider the degree to which their project is purely descriptive or whether it is revisionary or pragmatic in its ambitions. Also, future work might consider whether to focus more attention on legal experts. (shrink)

In this essay I intend to analyze the issue of good government in the works of Adam Smith, the importance of which seems to have not received due attention. The reconstruction is driven by three hermeneutical hypotheses concerning the role played by the idea of good government in the development of Smith's speculation: 1) the «good government» has a synthetic character, holding together the different aspects – moral, legal, economic and political – of his reflection; 2) it emerges against the (...) backdrop of the first acquisitions of the Theory of Moral Sentiments about the ‘mediating’ role of the middle class, and especially during the reflection that goes from the Lectures on Jurisprudence to the Wealth of Nations, and then feeds back into the subsequent rewritings of the Theory; 3) From the moment the «good government» appears, it becomes a descriptive and prescriptive idea of the social order. In the conclusions I will show how these hermeneutical hypotheses might have implications in the history of political, legal and economic thought. (shrink)

This paper deals with Veronica Rodriguez-Blanco’s answer to the paradox of the normativity of law: How can autonomous self-legislating persons act, without compromising their autonomy and their will, following legal rules? Regarding Rodriguez-Blanco’s answer, I offer two main critiques. The first one is based on Rodriguez-Blanco’s comments to David Enoch’s paper in which I argue against the idea that a descriptive theoretical account of law can, and should, give an answer to general problems of normativity due to the fact (...) that a theoretical approach that engages in questions about the normativity of law cannot be purely descriptive, therefore against Rodriguez-Blanco I conclude that Enoch’s answer is the only response a descriptive account is able to offer. The second criticism focuses on Rodriguez-Blanco’s response to the paradox and argues that her solution is not, in fact, a descriptive one, but one that relies on strong normative premises, which as it turns out defend a perfectionist perspective towards the law.Resumen:Este trabajo analiza la respuesta que Veronica Rodriguez-Blanco propone para resolver la paradoja de la normatividad del derecho: ¿Cómo es posible que una persona autónoma actúe siguiendo los mandatos de normas jurídicas sin comprometer su autonomía ni su voluntad? El autor ofrece dos críticas a la respuesta de Rodriguez-Blanco. La primera de ellas está basada en los comentarios que Rodriguez-Blanco ha hecho sobre la propuesta de David Enoch. En este punto, el autor argumenta en contra de la idea según la cual una perspectiva descriptiva del derecho puede, y debe, tratar de responder a los problemas generales de la normatividad del derecho. De acuerdo con el autor, una perspectiva que pretenda dar respuesta a los problemas de la normatividad del derecho no puede ser una perspectiva puramente descriptiva. En este sentido, el autor sostiene que la respuesta que ofrece Enoch es la única respuesta que una perspectiva descriptiva del derecho puede dar. La segunda crítica está dirigida a la respuesta que Rodriguez-Blanco da sobre la paradoja de la normatividad. En este segundo punto el autor argumenta que la perspectiva de Rodriguez-Blanco no es una perspectiva descriptiva como ella presume, sino que adopta una perspectiva normativa la cual, además, está comprometida con una idea perfeccionista del derecho. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) we (...) can see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

Weak particularism about reasons is the view that the normative valency of some descriptive considerations varies, while others have an invariant normative valency. A defence of this view needs to respond to arguments that a consideration cannot count in favour of any action unless it counts in favour of every action. But it cannot resort to a global holism about reasons, if it claims that there are some examples of invariant valency. This paper argues for weak particularism, and presents (...) a framework for understanding the relationships between practical reasons. A central part of this framework is the idea that there is an important kind of reason-a 'presumptive reason'-which need not be conclusive, but which is neither pro tanto nor prima facie. /// [Richard Holton] Should particularists about ethics claim that moral principles are never true? Or should they rather claim that any finite set of principles will not be sufficient to capture ethics? This paper explores and defends the possibility of embracing the second of these claims whilst rejecting the first, a position termed 'principled particularism'. The main argument that particularists present for their position-the argument that holds that any moral conclusion can be superseded by further considerations-is quite compatible with principled particularism; indeed, it is compatible with the idea that every true moral conclusion can be shown to follow deductively from a finite set of premises. Whilst it is true that these premises must contain implicit ceteris paribus clauses, this does not render the arguments trivial. On the contrary, they can do important work in justifying moral conclusions. Finally the approach is briefly applied to the related field of jurisprudence. (shrink)

Introduction. The book is a study in Adam Smith's system of ideas; its aim is to reconstruct the peculiar framework that Adam Smith’s work provided for the shaping of a semi-autonomous new discipline, political economy; the approach adopted lies somewhere in-between the history of ideas and the history of economic analysis. My two claims are: i) The Wealth of Nations has a twofold structure, including a `natural history' of opulence and an `imaginary machine' of wealth. The imaginary machine is a (...) kind of Newtonian theory, whose connecting links are principles; provided either by `partial' characteristics of human nature or by analoga of physical mechanisms transferred to the social world; ii) a domain of the economic, understood as a self-standing social sub-system, was discovered first by Adam Smith. His `discovery' of the new continent of the economic was an `unintended result' of a deviation in his voyage to the never-found archipelago of natural jurisprudence. -/- 1. Imaginary machines and invisible chains: natural philosophy and method. The first chapter reconstructs Smith's views on the method in natural philosophy, presented primarily in the History of Astronomy (HA). The peculiar kind of semi-sceptical Newtonianism which permeates the essay is highlighted. Its reconstruction of the history of one natural science is shown to be based on the assumptions of Hume’s epistemology, and to lead to a self-aware deadlock. Smith's dilemma is between an essentialist realism and sceptical instrumentalism; the Cartesian presuppositions he shares with Hume and with the 18th century as a whole make it impossible for him to overcome his dilemma. The following chapters will show how, on the one hand, Smith's skeptical methodology encourages him in the enterprise to `carve off' a new self-contained discipline and how, on the other hand, his epistemological dilemma is reflected in the inner tensions of his moral and political theory as well as in a number of basic oscillations concerning the status of the new discipline. -/- 2. Chessboards and clocks: moral philosophy and method. -/- The second chapter reconstructs Smith's views on the method in the parallel field of moral philosophy, including the theory of moral sentiments and natural jurisprudence. I argue that The Theory of Moral Sentiments, when considered together with with the Lectures on Jurisprudence, where Smith's peculiar version of a `weaker' form of natural law is presented, wins special interest, not only for the history of ethics but even more for the history of political theory and the social sciences. The two most striking features of Smith's work in this area are highlighted. First, his effort at reformulating the `practical science' is a methodologically self-aware attempt at applying the Newtonian method to moral subjects. Secondly, this attempt ends in a stalemate as two distinguished kinds of normative order are introduced: one ultimate order of Reason, ultimately justifiable but inaccessible, and one weaker order of our `natural sentiments', to which we have empirical access, but which is so variable as to lack any ultimate value as a basis for grounding our normative claims. These two parallel conundrums may arguably account for the author's inability to publish during his lifetime both The History of Astronomy and the projected history and theory of law and government. -/- 3. Wheels, dams, and gravitation: the structure of scientific argument in The Wealth of Nations. -/- The third chapter provides the core of the book, dealing with the structure of the argument in WN. I argue that the main presupposition that makes the shift possible from a `natural history' to a `system' approach is the Newtonian contrast of `mathematical' with `physical' explanation; that is, Smith drops any discussion of the "original qualities" of human nature that could account for economic behaviour, while introducing, as `principles' for the system, a set of `hypothetical' statements of `observed' regularities in human behaviour and of `observed' super-individual self-regulating mechanisms. In bringing this presupposition to light, the coexistence of a teleological with a mechanistic approach is clarified; fresh light is shed on the notion of the invisible hand by a comparison of its occurrence in Smith with the occurrence of the same expression (until now overlooked) in the correspondence between Newton and Cotes. Finally, the peculiar semi-prescriptive and semi-descriptive character of political economy are highlighted, and the consistency of Smith's `impure' semi-prescriptive social science, when understood in his own terms, is defended against familiar charges with inconsistency and against even more familiar strained modernizations. -/- 4. Apples, deer, and frivolous trinkets: the construction of the economic. -/- The fourth chapter draws consequences from the third, examining how Smith's achievement in political economy, marking its transition to scientific status, carried a re-description of the phenomena, creating the comparatively independent and unified field of the economic. Smith's achievement is interpreted not as the `discovery' of an autonomous character already possessed by the economy out there, so much as a Gestalt-switch by which our perception of social phenomena is modified making us `see' the partial order of the economy as an isolated system. To sum up, the autonomy of the economic in social reality and the autonomy of the economic in social consciousness are shown to be two sides of one process. -/- 5. Concluding considerations: Political economy and the Enlightenment halved. -/- A few suggestions on the status of economic theory two centuries after The Wealth of Nations in its relationship to ‘practical philosophy’ are illustrated. (shrink)

The reasonable person standard is key to both Criminal Law and Torts. What does and does not count as reasonable behavior and decision-making is frequently deter- mined by lay jurors. Hence, laypeople’s understanding of the term must be considered, especially whether they use it predominately in an evaluative fashion. In this corpus study based on supervised machine learning models, we investigate whether laypeople use the expression ‘reasonable’ mainly as a descriptive, an evaluative, or merely a value-associated term. We find (...) that ‘reasonable’ is predicted to be an evaluative term in the majority of cases. This supports prescriptive accounts, and challenges descriptive and hybrid accounts of the term—at least given the way we operationalize the latter. Interestingly, other expressions often used interchangeably in jury instructions (e.g. ‘careful,’ ‘ordinary,’ ‘prudent,’ etc), however, are predicted to be descriptive. This indicates a discrepancy between the intended use of the term ‘reasonable’ and the understanding lay jurors might bring into the court room. (shrink)

With the passage and implementation of the “first-to-file” provisions of the America Invents Act of 2011, the U.S. patent system must rely more than ever before on patent documents for its own ontological commitments concerning the existence of claimed kinds of useful objects and processes. This Article provides a comprehensive description of the previously unrecognized function of the patent document in incurring and securing warrants to these ontological commitments, and the respective roles of legal doctrines and practices in the patent (...) system’s ontological project. Among other contributions, the resulting metaphysical account serves to reconcile competing interpretations of the written description requirement that have emerged from the Federal Circuit’s recent jurisprudence, and to explain why the patent system is willing and able to examine, grant and enforce claims reciting theoretical entities. While this Article is entirely descriptive, it concludes by identifying promising normative and prescriptive implications of this work, including the formulation of an appropriate test for the patent-eligibility of software-implemented inventions in the post-Bilski era. (shrink)

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

In ‘Excusing Mistakes of Law’, Gideon Yaffe sets out to ‘vindicate’ the claim ‘that mistakes of law never excuse’ by ‘identifying the truth that is groped for but not grasped by those who assert that ignorance of law is no excuse’. Yaffe does not offer a defence of the claim that mistakes of law never excuse. That claim, Yaffe argues, is false. Yaffe’s article is, rather, an effort to assess what plausible thought might be behind the idea that mistakes of (...) law often should not excuse. (Yaffe is interested in more than just the descriptive claim that in Anglo-American legal jurisdictions mistakes of law routinely do not, in fact, excuse.) More particularly, Yaffe is interested in what plausible normative justification there might be for this asymmetric pattern: -/- Asymmetry: False beliefs about non-legal facts often excuse, but false beliefs about the law rarely excuse. -/- Yaffe offers a complex argument in support of Asymmetry. This paper is organised around my reconstruction of Yaffe’s argument. I argue that Yaffe’s argument does not succeed, but that his argument provides a template for an argument that could succeed. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

“Experimental jurisprudence” draws on empirical data to inform questions typically associated with jurisprudence or legal theory. Scholars in this flourishing movement conduct empirical studies about a variety of legal language and concepts. Despite the movement’s growth, its justification is still opaque. Jurisprudence is the study of deep and longstanding theoretical questions about law’s nature, but “experimental jurisprudence,” it might seem, simply surveys laypeople. This Article elaborates and defends experimental jurisprudence. Experimental jurisprudence, appropriately understood, is (...) not only consistent with traditional jurisprudence; it is an essential branch of it. (shrink)

We propose a nonmonotonic Description Logic of typicality able to account for the phenomenon of combining prototypical concepts, an open problem in the fields of AI and cognitive modelling. Our logic extends the logic of typicality ALC + TR, based on the notion of rational closure, by inclusions p :: T(C) v D (“we have probability p that typical Cs are Ds”), coming from the distributed semantics of probabilistic Description Logics. Additionally, it embeds a set of cognitive heuristics for concept (...) combination. We show that the complexity of reasoning in our logic is EXPTIME-complete as in ALC. (shrink)

African jurisprudence, like African philosophy, continues to be hotly debated. This article contends that the debate straddles the uniqueness claim which either emphasises the existence or possibility of a peculiar legal framework on the continent, and a historical co-extensional position reiterating that African jurisprudence is a continuum of other legal traditions. The article argues that there is no uniquely African jurisprudence, and that what obtains within the structures of jurisprudence on the continent also exists within various (...) legal traditions elsewhere, and as such can at best be described as ‘jurisprudence in Africa’ rather than ‘African jurisprudence’. It defends this thesis through analytic and comparative explications of the content of natural law theory and legal positivism as experienced on the continent. It concedes that relics of the colonial legal experience create contestations that inform scholars’ calls for a return to traditional legal systems. It concludes that a reconstructive jurisprudence in Africa must take cognisance of the continent’s historical and evolutionary legal experiences, but that a unified or monolithic theory may not be sufficient to address the choice of functional jurisprudence. Keywords African jurisprudence, jurisprudence in Africa, African legal evolution, diffused legal theories. (shrink)

We propose a nonmonotonic Description Logic of typicality able to account for the phenomenon of the combination of prototypical concepts. The proposed logic relies on the logic of typicality ALC + TR, whose semantics is based on the notion of rational closure, as well as on the distributed semantics of probabilistic Description Logics, and is equipped with a cognitive heuristic used by humans for concept composition. We first extend the logic of typicality ALC + TR by typicality inclusions of the (...) form p :: T(C) v D, whose intuitive meaning is that “we believe with degree p about the fact that typical Cs are Ds”. As in the distributed semantics, we define different scenarios containing only some typicality inclusions, each one having a suitable probability. We then exploit such scenarios in order to ascribe typical properties to a concept C obtained as the combination of two prototypical concepts. We also show that reasoning in the proposed Description Logic is EXPTIME-complete as for the underlying standard Description Logic ALC. (shrink)

This paper addresses a certain objection to the quantificational theory of definite descriptions. According to this objection, the quantificational account cannot provide correct interpretations of definite descriptions embedded in the non-doxastic attitude ascriptions and therefore ought to be rejected. In brief, the objection says that the quantificational theory is committed to the view that a sentence of the form “The F is G” is equivalent to the claim that there is a unique F and it is G, while the ascription (...) such as, e.g., “S wants the F to be G” is not equivalent to the statement that S wants there to be a F and for it to be G. I argue that this objection is invalid as it rests on a false assumption concerning the substitutivity of the relative clauses in the non-doxastic attitude ascriptions. (shrink)

Almost entirely ignored in the linguistic theorising on names and descriptions is a hybrid form of expression which, like definite descriptions, begin with 'the' but which, like proper names, are capitalised and seem to lack descriptive content. These are expressions such as the following, 'the Holy Roman Empire', 'the Mississippi River', or 'the Space Needle'. Such capitalised descriptions are ubiquitous in natural language, but to which linguistic categories do they belong? Are they simply proper names? Or are they definite (...) descriptions with unique orthography? Or are they something else entirely? This paper assesses two obvious assimilation strategies: (i) assimilation to proper names and (ii) assimilation to definite descriptions. It is argued that both of these strategies face major difficulties. The primary goal is to lay the groundwork for a linguistic analysis of capitalised descriptions. Yet, the hope is that clearing the ground on capitalised descriptions may reveal useful insights for the on-going research into the semantics and syntax of their lower-case or 'the'-less relatives. (shrink)

Sentences containing definite descriptions, expressions of the form ‘The F’, can be formalised using a binary quantifier ι that forms a formula out of two predicates, where ιx[F, G] is read as ‘The F is G’. This is an innovation over the usual formalisation of definite descriptions with a term forming operator. The present paper compares the two approaches. After a brief overview of the system INFι of intuitionist negative free logic extended by such a quantifier, which was presented in (...) (Kürbis 2019), INFι is first compared to a system of Tennant’s and an axiomatic treatment of a term forming ι operator within intuitionist negative free logic. Both systems are shown to be equivalent to the subsystem of INFι in which the G of ιx[F, G] is restricted to identity. INFι is then compared to an intuitionist version of a system of Lambert’s which in addition to the term forming operator has an operator for predicate abstraction for indicating scope distinctions. The two systems will be shown to be equivalent through a translation between their respective languages. Advantages of the present approach over the alternatives are indicated in the discussion. (shrink)

Drawing upon Martha Fineman’s vulnerability theory, the paper argues that the legal claims of homeless appellants before and during the COVID-19 pandemic illustrate our universal vulnerability which stems from the essential, life-sustaining activities flowing from the ontological status of the human body. By recognizing that housing availability has constitutional significance because it provides for life-sustaining activities such as sleeping, eating and lying down, I argue that the legal rationale reviewed in the paper underscores the empirical, ontological reality of the body (...) as the basis for a jurisprudence of universal vulnerability. By tracing the constitutional basis of this jurisprudence from Right to Travel to Eighth Amendment grounds during COVID-19, the paper outlines a distinct legal paradigm for understanding vulnerability in its universal, constant and essential form – one of the central premises of vulnerability theory. (shrink)

The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...) things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (shrink)

In a recent paper Horsten embarked on a journey along the limits of the domain of the unknowable. Rather than knowability simpliciter, he considered a priori knowability, and by the latter he meant absolute provability, i.e. provability that is not relativized to a formal system. He presented an argument for the conclusion that it is not absolutely provable that there is a natural number of which it is true but absolutely unprovable that it has a certain property. The argument depends (...) on a description principle. I will argue that the latter principle implies the knowability of all arithmetical truths. Therefore, Horsten's argument is either sound but its conclusion is trivial, or his argument is unsound. (shrink)

It is possible and thereby feasible to develop and implement a pragmatic methodology for a preemptive evidentiary system of ‘Paraphysical Jurisprudence’ for mediating the occurrence of massacres. A required comprehensive completion and formalizing of the tools of epistemology (theory of knowledge) already exists and has been tested both ecumenically and scientifically. The evolution of epistemology has followed the historical progression from myth and superstition to logic and reason to empiricism and now finally to the utility of ‘transcendence’ as a (...) tool in knowledge acquisition. An inspiring example from popular culture is illustrated in the 2002 Hollywood film noir “Minority Report” designed by its director to present a ‘plausible future world’ for the year 2054 wherein an elaborate ‘Precrime Unit’ is tested to prevent murder by utilizing a trio of ‘precogs’ bathed in a ‘photonic milk’ able to presciently predetermine impending occurrences of homicide for which the Precrime Police Unit then intervenes to prevent. Disdain for a putative so-called scientific metaphysics by natural philosophers is deeply rooted in modern pragmatic societies; perhaps rightly so as consistency, credibility and lack of a comprehensive theory has been heretofore emphatically lacking. In addition to the major problem of repeatability is the perceived distinction between domains of the physical and so-called ‘spiritual’ as mutually exclusive. In this work a strong case is made for the rigorous viability and near term putative implementation of a system of paraphysical jurisprudence drawing on the utility of a panoply of concepts. The remaining question is when does feasible become practical in the face of a steady increase in the heinous massacre of innocents? (shrink)

Standard rigid designator accounts of a name’s meaning have trouble accommodating what I will call a descriptive name’s “shifty” character -- its tendency to shift its referent over time in response to a discovery that the conventional referent of that name does not satisfy the description with which that name was introduced. I offer a variant of Kripke’s historical semantic theory of how names function, a variant that can accommodate the character of descriptive names while maintaining rigidity for (...) proper names. A descriptive name’s shiftiness calls for a semantic account of names that makes their semantic values bipartite, containing both traditional semantic contents and what I call "modes of introduction." Both parts of a name's semantic value are derived from the way a name gets introduced into discourse -- from what I refer to as its "context of introduction." Making a name's semantic value bipartite in this way allows for a definite description to be a part of proper name's meaning without thereby sacrificing that name’s status as a rigid designator. On my view, a definite description is part of descriptive name’s mode of introduction. That is, it is part of what determines the content assigned to that name. As it turns out, making a definite description part of a descriptive name’s mode of introduction allows for that definite description to play the role of a mere reference-fixer regarding that name’s content, as Kripke would have it. However, my account allows a definite description to fix a descriptive name’s content actively over time, thereby explaining its inherent shiftiness. (shrink)

In this paper I revisit the main arguments for a predicate analysis of descriptions in order to determine whether they do in fact undermine Russell's theory. I argue that while the arguments without doubt provide powerful evidence against Russell's original theory, it is far from clear that they tell against a quantificational account of descriptions.

This paper challenges the first Gettier counterexample to the tripartite account of knowledge. Noting that 'the man who will get the job' is a description and invoking Donnellan's distinction between their 'referential' and 'attributive' uses, I argue that Smith does not actually believe that the man who will get the job has ten coins in his pocket. Smith's ignorance about who will get the job shows that the belief cannot be understood referentially, his ignorance of the coins in his pocket (...) shows that it cannot be understood attributively. An explanation for why Smith appeared to have justified true belief is given by distinguishing between 'belief' and 'belief in truth'. Smith believes the sentence 'the man who will get the job has ten coins in his pocket' to be true (he mistakenly believes that Jones will get the job, of whom he knows that he has ten coins in his pocket) (hence his 'belief'), the sentence is true (hence 'truth'), and he has sufficient reason to assent to it (hence his 'justification'). But he does not believe the proposition expressed. Hence he does not know it either. (shrink)

This paper presents rules of inference for a binary quantifier I for the formalisation of sentences containing definite descriptions within intuitionist positive free logic. I binds one variable and forms a formula from two formulas. Ix[F, G] means ‘The F is G’. The system is shown to have desirable proof-theoretic properties: it is proved that deductions in it can be brought into normal form. The discussion is rounded up by comparisons between the approach to the formalisation of definite descriptions recommended (...) here and the more usual approach that uses a term-forming operator ι, where ιxF means ‘the F’. (shrink)

We pose two arguments for the view that sentences containing definite descriptions semantically express multiple propositions: a general proposition as Russell suggested, and a singular proposition featuring the individual who uniquely satisfies the description at the world-time of utterance. One argument mirrors David Kaplan's arguments that indexicals express singular propositions through a context-sensitive character. The second argument mirrors Kent Bach's and Stephen Neale's arguments for pluralist views about terms putatively triggering conventional implicatures, appositive, and nonrestrictive relative clauses. After presenting these (...) arguments, we show that rival explanations (appeals to implicature, referential use, presupposition, etc.) do not offer equally compelling explanations of the data, and defend the methodology employed in the arguments against some criticisms. (shrink)

The philosophical conception of mechanistic explanation is grounded on a limited number of canonical examples. These examples provide an overly narrow view of contemporary scientific practice, because they do not reflect the extent to which the heuristic strategies and descriptive practices that contribute to mechanistic explanation have evolved beyond the well-known methods of decomposition, localization, and pictorial representation. Recent examples from evolutionary robotics and network approaches to biology and neuroscience demonstrate the increasingly important role played by computer simulations and (...) mathematical representations in the epistemic practices of mechanism discovery and mechanism description. These examples also indicate that the scope of mechanistic explanation must be re-examined: With new and increasingly powerful methods of discovery and description comes the possibility of describing mechanisms far more complex than traditionally assumed. (shrink)

Emotion terms such as “sad”, “happy” and “joyful” apply to a wide range of entities. We use them to refer to mental states of sentient beings, and also to describe features of non-mental things such as comportment, nature, events, artworks and so on. Drawing on the literature on polysemy, this paper provides an in-depth analysis of emotion descriptions. It argues that emotion terms are polysemous and distinguishes seven related senses. In addition, the paper applies the analysis to shed light on (...) a long-standing debate in philosophy of music concerning emotion descriptions of music. (shrink)

In this study, I intend to show how and why, in the Port-Royal Logic, a singular term can reveal the nature of the logical judgment in the handbook. As I argue, the treatment given to one of thee singular terms, namely, the defined descriptions, in the terminology introduced by Russell, leads to an opening to langage that sounds unexpected and unjustified. Considering the privilege of thinking over langage and also that judgment is the mental act that defines logic, however, we (...) may understand how the authors regard langage, in relation to the epistemic constituents, namely, the mental acts within the terms. In doing so we are compelled to recognize the implications of this step towards pragmatism in fixing the meaning of defined descriptions to the nature of judgment in the handbook. This opening to langage reveals the conception of judgment as a twofold mental act: a formal and a practical (moral and theological) one. (shrink)

In some sentences, demonstratives can be substituted with definite descriptions without any change in meaning. In light of this, many have maintained that demonstratives are just a type of definite description. However, several theorists have drawn attention to a range of cases where definite descriptions are acceptable, but their demonstrative counterparts are not. Some have tried to account for this data by appealing to presupposition. I argue that such presuppositional approaches are problematic, and present a pragmatic account of the target (...) contrasts. On this approach, demonstratives take two arguments and generally require that the first, covert argument is non-redundant with respect to the second, overt argument. I derive this condition through an economy principle discussed by Schlenker (2005). (shrink)

Machery et al. presented data suggesting the existence of cross-cultural variation in judgments about the reference of proper names. In this paper, we examine a previously overlooked confound in the subsequent studies that attempt to replicate the results of Machery et al. using East Asian languages. Machery et al. and Sytsma et al. claim that they have successfully replicated the original finding with probes written in Chinese and Japanese, respectively. These studies, however, crucially rely on uses of articleless, ‘bare noun (...) phrases’ in Chinese and Japanese, which according to the linguistic literature are known to be multiply ambiguous. We argue that it becomes questionable whether the extant studies using East Asian languages revealed genuine cross-cultural variation when the probes are reevaluated based on a proper linguistic understanding of Chinese and Japanese bare noun phrases and English definite descriptions. We also present two experiments on native Japanese speakers that controlled the use of ambiguous bare noun phrases, the results of which suggest that the judgments of Japanese speakers concerning the reference of proper names may not diverge from those of English speakers. (shrink)

An attractive way to model the relation between an underspecified syntactic representation and its completions is to let the underspecified representation correspond to a logical description and the completions to the models of that description. This approach, which underlies the Description Theory of Marcus et al. 1983 has been integrated in Vijay-Shanker 1992 with a pure unification approach to Lexicalized Tree-Adjoining Grammars (Joshi et al. 1975, Schabes 1990). We generalize Description Theory by integrating semantic information, that is, we propose to (...) tackle both syntactic and semantic underspecification using descriptions. (shrink)

Although Strawson’s main aim in “On Referring” was to argue that definite descriptions can be used referentially – that is, “to mention or refer to some individual person or single object . . . , in the course of doing what we should normally describe as making a statement about that person [or] object” (1950, p. 320) – he denied that definite descriptions are always used referentially. The description in ‘Napoleon was the greatest French soldier’ is not used referentially, says (...) Strawson, since it is used not to mention an individual, but only “to say something about an individual already mentioned” (p. 320). This is an example of what we may call a predicative use of a definite description, though such uses might be better illustrated by considering the false sentence.. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and eco-activist (...) Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

This paper observes that P. F. Strawson’s distinction between descriptive and revisionary metaphysics is a baffling one from the perspective of traditional metaphysics. If one thinks of metaphysics as the study of the fundamental nature of reality, it is bewildering to divide up metaphysics in this way. The paper then tries to show how the distinction is no longer bewildering if we deny that such study is possible.

In “Descriptions as Predicates” (Fara 2001) I argued that definite and indefinite descriptions should be given a uniform semantic treatment as predicates rather than as quantifier phrases. The aim of the current paper is to clarify and elaborate one of the arguments for the descriptions-aspredicates view, one that concerns the interaction of descriptions with adverbs of quantification.

The first aim of this paper is to elucidate Russell’s construction of spatial points, which is to be <br>considered as a paradigmatic case of the "logical constructions" that played a central role in his epistemology and theory of science. Comparing it with parallel endeavours carried out by Carnap and Stone it is argued that Russell’s construction is best understood as a structural representation. It is shown that Russell’s and Carnap’s representational constructions may be considered as incomplete and sketchy harbingers of (...) Stone’s representation theorems. The representational program inaugurated by Stone’s theorems was one of the success stories of 20th century’s mathematics. This suggests that representational constructions à la Stone could also be important for epistemology and philosophy of science. More specifically it is argued that the issues proposed by Russellian definite descriptions, logical constructions, and structural representations still have a place on the agenda of contemporary epistemology and philosophy of science. Finally, the representational interpretation of Russell’s logical constructivism is used to shed some new light on the recently vigorously discussed topic of his structural realism. (shrink)

Descriptive realism holds that T is true, while normative realism holds that T is warranted. Descriptive pessimism holds that T is false, while normative pessimism holds that T is unwarranted. We should distinguish between descriptive and normative realism because some arguments against scientific realism require that scientific realism be interpreted as descriptive realism, and because scientific realists can retreat from descriptive to normative realism when descriptive realism is under attack. We should also distinguish between (...) descriptive and normative pessimism because some arguments against scientific pessimism require that it be interpreted as descriptive pessimism, and because scientific pessimists can retreat from descriptive to normative pessimism when descriptive pessimism is under attack. -/- . (shrink)

In computational complexity theory, decision problems are divided into complexity classes based on the amount of computational resources it takes for algorithms to solve them. In theoretical computer science, it is commonly accepted that only functions for solving problems in the complexity class P, solvable by a deterministic Turing machine in polynomial time, are considered to be tractable. In cognitive science and philosophy, this tractability result has been used to argue that only functions in P can feasibly work as computational (...) models of human cognitive capacities. One interesting area of computational complexity theory is descriptive complexity, which connects the expressive strength of systems of logic with the computational complexity classes. In descriptive complexity theory, it is established that only first-order (classical) systems are connected to P, or one of its subclasses. Consequently, second-order systems of logic are considered to be computationally intractable, and may therefore seem to be unfit to model human cognitive capacities. This would be problematic when we think of the role of logic as the foundations of mathematics. In order to express many important mathematical concepts and systematically prove theorems involving them, we need to have a system of logic stronger than classical first-order logic. But if such a system is considered to be intractable, it means that the logical foundation of mathematics can be prohibitively complex for human cognition. In this paper I will argue, however, that this problem is the result of an unjustified direct use of computational complexity classes in cognitive modelling. Placing my account in the recent literature on the topic, I argue that the problem can be solved by considering computational complexity for humanly relevant problem solving algorithms and input sizes. (shrink)

Cet article porte sur la notion de description (Beschreibung) chez Marty. L’article débute par l’étude de la distinction entre psychologie descriptive et génétique chez Brentano, non seulement dans les cours donnés à Vienne dès 1887, mais également dans la Psychologie du point de vue empirique. L’article se concentre ensuite sur la reprise martyienne de cette distinction. Si Marty, fidèle à la pensée de son maître, en reprend les principales conclusions dans ses propres travaux de psychologie, il étend de manière (...) originale la distinction entre recherches descriptives et génétiques à la philosophie du langage, notamment à la « sémasiologie » (Semasiologie) ou « théorie de la signification » (Bedeutungslehre). L’article se clôt sur une discussion des critiques adressées par Husserl à la philosophie du langage de Marty. (shrink)

Social phenomena—quite like mental states in the philosophy of mind—are often regarded as potential troublemakers from the start, particularly if they are approached with certain explanatory commitments, such as naturalism or social individualism, already in place. In this paper, we argue that such explanatory constraints should be at least initially bracketed if we are to arrive at an adequate non-biased description of social phenomena. Legitimate explanatory projects, or so we maintain, such as those of making the social world fit within (...) the natural world with the help of, e.g., collective intentionality, social individualism, and the like, should neither exclude nor influence the prior description of social phenomena. Just as we need a description of the mental that is not biased, for example, by (anti)physicalist constraints, we need a description of the social that is not biased, for example, by (anti)individualist or (anti)naturalist commitments. Descriptive social ontology, as we shall conceive of it, is not incompatible with the adoption of explanatory frameworks in social ontology; rather, the descriptive task, according to our conception, ought to be recognized as prior to the explanatory project in the order of inquiry. If social phenomena are, for example, to be reduced to nonsocial (e.g., psychological or physical) phenomena, we need first to understand clearly what the social candidates for the reduction in question are. While such descriptive or naive approaches have been influential in general metaphysics (see Fine 2017), they have so far not been prominent in analytic social ontology (though things are different outside of analytic philosophy, see esp. Reinach (1913). In what follows, we shall outline the contours of a descriptive approach by arguing, first, that description and explanation need to be distinguished as two distinct ways of engaging with social phenomena. Secondly, we defend the claim that the descriptive project ought to be regarded as prior to the explanatory project in the order of inquiry. We begin, in Section 2, by considering two different ways of engaging with mental phenomena: a descriptive approach taken by descriptive psychology and an explanatory approach utilized in analytic philosophy of mind. We take these two ways of approaching the study of the mind to be analogous to the distinction we want to draw in social ontology between a descriptive and an explanatory approach to the study of social phenomena. We consider next, in Section 3, how our approach compares to neighboring perspectives that are familiar to us from general metaphysics and philosophy more broadly, such as Aristotle’s emphasis on “saving the appearances”, Strawson’s distinction between descriptive and revisionary metaphysics, as well as Fine’s contrast between na¨ive and foundational metaphysics. In Section 4, we apply the proposed descriptive/explanatory distinction to the domain of social ontology and argue that descriptive social ontology ought to take precedence in the order of inquiry over explanatory social ontology. Finally, in Section 5, we consider and respond to several objections to which our account might seem to be susceptible. (shrink)

Although Wilhelm Dilthey and Franz Brentano apparently were pursuing roughly the same objective—to offer a description of our mental functions and of their relations to objects—and both called their respective research programs ‘descriptive psychology’, they seem to have used the term to refer to two different methods of psychological research. In this article, I compare analyses of these differences. Against the reading of Orth but also against a possible application of recent relativist accounts of the epistemology of peer disagreement (...) to this case, I argue that their apparent shared objective is not enough to support an understanding of their views as two alternatives within a given historical or scientific context, or as a mutual peer disagreement. I show that the impression of a shared objective can be explained away as stemming from the influence of their teacher Adolf Trendelenburg, and I stress that the case of introspection strongly suggests that an account in terms of peer disagreement is not plausible. Finally, I conclude that the opposition between two traditions, Austrian philosophy and historicism, might be better suited to account for the dispute and its apparent common historical context. (shrink)

Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

Carnap's theory of descriptions was restricted in two ways. First, the descriptive conditions had to be non-modal. Second, only primitive predicates or the identity predicate could be used to predicate something of the descriptum . The motivating reasons for these two restrictions that can be found in the literature will be critically discussed. Both restrictions can be relaxed, but Carnap's theory can still be blamed for not dealing adequately with improper descriptions.

In this article, I use Edmund Gettier’s Ten Coins hypothetical scenario to illustrate some reasoning errors in the use of definite descriptions. The Gettier problem, central as it is to modern epistemology, is first and foremost an argument, which Gettier (Analysis 23(6):121–123, 1963) constructs to prove a contrary conclusion to a widely held view in epistemology. Whereas the epistemological claims in the case have been extensively analysed conceptually, the strategies and tools from other philosophical disciplines such as analytic philosophy of (...) language, logic and argumentation that Gettier deploys in the case have scarcely received any attention. This work abstracts from the epistemological content and examines Gettier’s handling of the definite description involved, and how that affects the cogency of his argument. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

This study examines the concept of “description” and its theoretical foundations. The literature about it is surprisingly limited, and its usage is vague, sometimes even conflicting. Description should be considered in relation to other processes, such as representation, data capturing, and categorizing, which raises the question about what it means to describe something. Description is often used for any type of predication but may better be limited to predications based on observations. Research aims to establish criteria for making optimal descriptions; (...) however, the problems involved in describing something have seldom been addressed. Specific ideals are often followed without examine their fruitfulness. This study provides evidence that description cannot be a neutral, objective activity; rather, it is a theory-laden and interest-based activity. In information science, description occurs in processes such as document description, descriptive metadata assignment, and information resource description. In this field, description has equally been used in conflicting ways that mostly do not evince a recognition of the value- and theory-laden nature of descriptions. It is argued that descriptive activities in information science should always be based on consciously explicit considerations of the goals that descriptions are meant to serve. (shrink)