One way in which philosophers have often sought to distinguish moral judgments from non-moral judgments is by using the “moral-conventional” distinction. I seek to raise serious questions about the significance of the moral-conventional distinction, at least for philosophers interested in moral judgment. I survey recent developments in the fields of philosophy, psychology, and cognitive science that have led many to the conclusion that moral judgment is not a distinctive kind of judgment or the result of a specific, identifiable (...) cognitive process. I argue that if this conclusion is largely correct, the moral-conventional distinction loses significance. If moral judgment does not correspond to a distinctive cognitive process, it is unclear how distinguishing between types of norms tracks anything of significance to human judgment formation. I then discuss the implications of abandoning the distinction for research in the field of moral psychology and tentatively propose a more modest way of conceiving of norm significance. (shrink)

In this article, we explore various arguments against the traditional distinction between episodic and semantic memory based on the metaphysical phenomenon of transitional gradation. Transitional gradation occurs when two candidate kinds A and B grade into one another along a continuum according to their characteristic properties. We review two kinds of arguments—from the gradual semanticization of episodic memories as they are consolidated, and from the composition of episodic memories during storage and recall from semantic memories—that predict the proliferation of (...) such transitional forms. We further explain why the distinction cannot be saved from the challenges of transitional gradation by appealing to distinct underlying memory structures and applying our perspective to the impasse over research into ‘episodic-like’ memory in non-human animals. On the whole, we recommend replacing the distinction with a dynamic life cycle of memory in which a variety of transitional forms will proliferate, and illustrate the utility of this perspective by tying together recent trends in animal episodic memory research and recommending productive future directions. (shrink)

Recent work has assumed that the normativity associated with assertion differs from the normativity of morality, practical rationality, etiquette, and legality. That is, whether an assertion “should” be made is not merely a function of these other familiar sorts of normativity and is especially connected to truth. Some researchers have challenged this assumption of distinctive normativity. In this paper I report two experiments that test the assumption. Participants read a brief story, judged whether an assertion should be made, and rated (...) several other qualities of the assertion, including its truth value, morality, rationality, etiquette, legality, and folly. Of these qualities, truth value most strongly predicted assertability. The findings support the assumption of distinctive normativity and provide further evidence that the norm of our social practice of assertion is factive. (shrink)

Virtue epistemology has been divided into two camps: reliabilists and responsibilists. This division has been attributed in part to a focus on different types of virtues, viz., faculty virtues and character virtues. I will argue that this distinction is unhelpful, and that we should carve up the theoretical terrain differently. Making several better distinctions among virtues will show us two important things. First, that responsibilists and reliabilists are actually engaged in different, complementary projects; and second, that certain responsibilist critiques (...) of reliabilism miss the mark. With these distinctions on the table, we can see that the virtue reliabilist project is in some ways more fundamental than the responsibilist project, since the latter importantly depends on the former. I argue that the distinctively epistemic value of the responsibilist’s character virtues is derived from their connections to the reliabilist’s constitutive virtues. While this will give us a unified account of the epistemic value of intellectual virtues, it is not a reduction of the responsibilist project to the reliabilist one; rather, it as a way of securing the separate importance of each project by clarifying how they relate to one another. (shrink)

Reclamation of a slur involves the creation of a new, positively-valenced meaning that gradually replaces the old pejorative meaning. This means that at a critical stage, the slur is ambiguous. It has been claimed that this ambiguity is polysemy. However, it is far from clear whether the view can explain why the introduction of the new meaning forces the old one out of existence. I argue that this datapoint can be explained by invoking the mechanism of homonymic conflict, and, therefore, (...) that the ambiguity involved in reclamation is homonymy. One generalization that follows from my account is that conventionalized verbal irony, unlike conventionalized metonymy and metaphor, begets homonymy. Along the way, I criticize the standard ways of drawing the distinction between polysemy and homonymy in terms of semantic and etymological relatedness. If the notions of polysemy and homonymy are to be invoked in explanations, they should be understood in terms of how meanings are stored in the mental lexicon. My account also provides an elegant way of conceptualizing the difference between two types of conceptual engineering, namely reclamation and amelioration. (shrink)

In “What Makes a Scientific Explanation Distinctively Mathematical?” (2013b), Lange uses several compelling examples to argue that certain explanations for natural phenomena appeal primarily to mathematical, rather than natural, facts. In such explanations, the core explanatory facts are modally stronger than facts about causation, regularity, and other natural relations. We show that Lange's account of distinctively mathematical explanation is flawed in that it fails to account for the implicit directionality in each of his examples. This inadequacy is remediable in each (...) case by appeal to ontic facts that account for why the explanation is acceptable in one direction and unacceptable in the other direction. The mathematics involved in these examples cannot play this crucial normative role. While Lange's examples fail to demonstrate the existence of distinctively mathematical explanations, they help to emphasize that many superficially natural scientific explanations rely for their explanatory force on relations of stronger-than-natural necessity. These are not opposing kinds of scientific explanations; they are different aspects of scientific explanation. (shrink)

Hume discusses the distinction of reason to explain how we distinguish things inseparable, and so identical, e.g., the color and figure of a white globe. He says we note the respect in which the globe is similar to a white cube and dissimilar to a black sphere, and the respect in which it is dissimilar to the first and similar to the second. Unfortunately, Hume takes these differing respects of resemblance to be identical with the white globe itself. Contradiction (...) results, undermining his theory of abstraction. The way out is apparently to admit an intrinsic complexity in even simple things. (shrink)

Categorical logic has shown that modern logic is essentially the logic of subsets (or "subobjects"). Partitions are dual to subsets so there is a dual logic of partitions where a "distinction" [an ordered pair of distinct elements (u,u′) from the universe U ] is dual to an "element". An element being in a subset is analogous to a partition π on U making a distinction, i.e., if u and u′ were in different blocks of π. Subset logic leads (...) to finite probability theory by taking the (Laplacian) probability as the normalized size of each subset-event of a finite universe. The analogous step in the logic of partitions is to assign to a partition the number of distinctions made by a partition normalized by the total number of ordered pairs |U|² from the finite universe. That yields a notion of "logical entropy" for partitions and a "logical information theory." The logical theory directly counts the (normalized) number of distinctions in a partition while Shannon's theory gives the average number of binary partitions needed to make those same distinctions. Thus the logical theory is seen as providing a conceptual underpinning for Shannon's theory based on the logical notion of "distinctions.". (shrink)

Corporate activities conducted under the banner of creating shared value (CSV) have gained popularity over the last decade, and some MNCs have espoused that CSV has entered the heart of their practices. There has, however, been criticism about the lack of a standard definition of CSV. The purpose of the current study was to develop a working definition of CSV by identifying distinctions between CSV and various conceptions of corporate social responsibility (CSR). We conducted 26 semi-structured interviews with managers and (...) stakeholder representatives of five multinational corporations (MNCs) and three small and medium enterprises (SMEs), all headquartered or rooted in Asia. These firms had received public recognition for their CSV engagement. We compared and contrasted interviewees’ conceptions and descriptions of CSV and traditional CSR (philanthropy) and mapped these against Carroll’s four-layer model of responsible corporate management. Interviewees tended to frame CSV as a sustainable business model that generates social and economic value simultaneously. Traditional CSR was characterized as “giving back” some of the surplus from economic returns. In addition, interviewees described examples of strategic CSR, which involved pump-priming interventions for empowering and enabling stakeholders of the CSV practices of the focal firm to participate in the associated wealth and well-being co-creation. Keywords: Corporate social responsibility, creating shared value, qualitative, Asia. (shrink)

Duress is a defense in both law and morality. The bank teller who provides an armed robber with the bank vault combination, the innocent suspect who fabricates a story after hours of interrogation, the Good Samaritan who breaks into a private cabin in the woods to save a stranded hiker, and the father who drives at high speed to rush his injured child to the hospital—in deciding how to respond to agents like these, we should take into account that they (...) have acted under duress. In this paper, I offer a new duress defense, which I call “distinctive duress.” The distinctive-duress defense is neither ordinary justification nor ordinary excuse. Rather, it is a defense available to agents who act wrongly because they are appropriately insensitive to certain reasons. In the distinctive-duress cases, an agent’s normative sensitivities are rightly directed elsewhere, leading them awry. (shrink)

Mayr’s proximate–ultimate distinction has received renewed interest in recent years. Here we discuss its role in arguments about the relevance of developmental to evolutionary biology. We show that two recent critiques of the proximate–ultimate distinction fail to explain why developmental processes in particular should be of interest to evolutionary biologists. We trace these failures to a common problem: both critiques take the proximate–ultimate distinction to neglect specific causal interactions in nature. We argue that this is implausible, and (...) that the distinction should instead be understood in the context of explanatory abstractions in complete causal models of evolutionary change. Once the debate is reframed in this way, the proximate–ultimate distinction’s role in arguments against the theoretical significance of evo-devo is seen to rely on a generally implicit premise: that the variation produced by development is abundant, small and undirected. We show that a “lean version” of the proximate–ultimate distinction can be maintained even when this isotropy assumption does not hold. Finally, we connect these considerations to biological practice. We show that the investigation of developmental constraints in evolutionary transitions has long relied on a methodology which foregrounds the explanatory role of developmental processes. It is, however, entirely compatible with the lean version of the proximate–ultimate distinction. (shrink)

It has been contended that an event as a whole does not occur but, rather, is only occurring when any one of its temporal parts occurs1 I shall consider here the mereological implications of drawing a distinction between the time of an event’s occurrence- its duration- and the times of its occurring- the duration of any one of its proper temporal parts. In particular, I intend to see whether it allows one to avoid having co-located events in one’s ontology.

The paper presents a criticism of the metaphor of Direction of Fit as a criterion for beliefs/desires. It sketches an alternative account of belief/desire distinction based on Bayesian Decision Theory.

The distinction between lying and mere misleading is commonly tied to the distinction between saying and conversationally implicating. Many definitions of lying are based on the idea that liars say something they believe to be false, while misleaders put forward a believed-false conversational implicature. The aim of this paper is to motivate, spell out, and defend an alternative approach, on which lying and misleading differ in terms of commitment: liars, but not misleaders, commit themselves to something they believe (...) to be false. This approach entails that lying and misleading involve speech-acts of different force. While lying requires the committal speech-act of asserting, misleading involves the non-committal speech-act of suggesting. The approach leads to a broader definition of lying that can account for lies that are told while speaking non-literally or with the help of presuppositions, and it allows for a parallel definition of misleading, which so far is lacking in the debate. (shrink)

This chapter serves as an introduction to the collected volume. In the first section, we aim to provide background on important themes in social egalitarianism and to set the context for understanding which significant questions the chapters in this book pose and attempt to answer. In this section we focus especially on what could be said to characterize socially egalitarian relationships, on which relationships are of concern, and on what might make social egalitarianism distinct. In the second section, we provide (...) a brief explanation of the structure of the book and each of its chapters. (shrink)

ABSTRACT The difference between perception and cognition seems introspectively obvious in many cases. Perceiving and thinking have also been assigned quite different roles, in epistemology, in theories of reference and of mental content, in philosophy of psychology, and elsewhere. Yet what is the nature of the distinction? In what way, or ways, do perception and cognition differ? The paper reviews recent work on these questions. Four main respects in which perception and cognition have been held to differ are discussed. (...) First, their phenomenal character, such as the often-remarked vivacity or immediacy of perception. Second, the way in which they represent the world, e.g. the non-propositional nature of the contents, or non-discursive character of the vehicles, that have been held to characterise perceptual representation. Third, their place in cognitive architecture, i.e., roughly, in the information-flow of the mind, such as their alleged (non-)modularity. Fourth, their mind-world relations, e.g. the way in which perceptions seem to be tightly causally linked with distal or proximal stimuli. Against this background, we distinguish some main options for an account of the perception/cognition distinction, in particular concerning whether there is one, several, or no interesting and principled distinction(s) to be drawn here. (shrink)

Is there a distinctively epistemic kind of blame? It has become commonplace for epistemologists to talk about epistemic blame, and to rely on this notion for theoretical purposes. But not everyone is convinced. Some of the most compelling reasons for skepticism about epistemic blame focus on disanologies, or asymmetries, between the moral and epistemic domains. In this paper, I defend the idea that there is a distinctively epistemic kind of blame. I do so primarily by developing an account of the (...) nature of epistemic blame. My account draws on a prominent line of theorizing in moral philosophy that ties blame to our relationships with one another. I argue that with my account of epistemic blame on hand, the most compelling worries about epistemic blame can be deflated. There is a distinctively epistemic kind of blame. (shrink)

This paper explores how one can go beyond social and other distinctions by the praxis of Advaita Vedanta.

According to what McMahan and Savulescu (2024) call the “popular position”, embryo selection is less ethically problematic than gene editing (other things being equal). The Two-Tier View, defended by McMahan and Savulescu, implies that the popular position is mistaken. The authors treat gene editing of embryos similarly to standard cases of medical treatments that promise expected benefits for the (subsequent) person even though gene editing also may create risks of harmful side effects for her. McMahan and Savulescu assume that if (...) gene editing is (successfully) done, it is better for the person who developed from the beneficently edited embryo. And, if the editing had not been done, although it was possible, that would have been worse for the same person in question. Thus, the comparator must always be a possible, even if unlikely, world in which she would have existed. That is why gene editing, in their view, resembles medical treatments. Therefore, assuming that standard medical treatments are not more ethically problematic than embryo selection, they conclude that (in general) gene editing should also be treated as not more problematic than embryo selection. In this paper, I am taking one step further than McMahan and Savulescu in questioning the central assumptions in the bioethical debates about new reproductive technologies. In the previous work, we argued that the very distinction between person-affecting and identity-affecting interventions is based on a questionable form of material-origin essentialism (Żuradzki and Dranseika 2022). Here, I argue that the bipartite distinction between person-affecting and impersonal reasons, as used by McMahan and Savulescu, insufficiently represents different possible counterfactual comparisons between real and merely possible outcomes. In particular, I argue that the evaluation of gene editing requires counterfactual comparisons to situations in which the benefited person might or might not exist. Such evaluation requires an additional class of reasons, let me call them “semi-person-affecting,” that cannot be reduced to either person-affecting or impersonal ones. This aspect of gene editing makes it dissimilar to standard cases of medical treatments. (shrink)

Daniel Dennett's distinction between personal and subpersonal explanations was fundamental in establishing the philosophical foundations of cognitive science. Since it was first introduced in 1969, the personal/subpersonal distinction has been adapted to fit different approaches to the mind. In one example of this, the ‘Pittsburgh school’ of philosophers attempted to map Dennett's distinction onto their own distinction between the ‘space of reasons’ and the ‘space of causes’. A second example can be found in much contemporary philosophy (...) of psychology, where Dennett's distinction has been presumed to be equivalent to Stephen Stich's distinction between doxastic and subdoxastic states. Both these interpretations of the personal/subpersonal distinction, and also Dennett's own philosophical views of the mind, go beyond the personal/subpersonal distinction itself. They each involve supplementing the distinction between personal and subpersonal explanations with metaphysical claims about the relationship between the two kinds of explanation and the entities they posit. (shrink)

Pierre Duhem’s philosophy of science has influenced many philosophers in the twentieth century, and even today. Many of the subjects he addressed are still highly discussed today, especially the distinction between science and metaphysics. My aim in this paper will be to motivate a naturalistic approach where the difference between physics and metaphysics is only a matter of degree. I focus on whether it would be possible to articulate this gradual distinction from a duhemian point of view. Although (...) Duhem thought that metaphysics is an entirely different and more excellent activity than physics, I believe that Duhem’s philosophy of science also supports a naturalistic distinction in terms of degrees. I offer three reasons to justify this conclusion: Duhem’s notion of common sense; Duhem’s holism and his views on the generality of our theories, and Duhem’s notion of natural classification. At the end of the paper I will argue that a naturalistic approach accomplishes must of what Duhem wanted to achieve with his distinction. (shrink)

I wish to defend the claim that given the content and structure of any moral theory we are likely to find palatable, there is no way of uniquely breaking down that theory into either consequentialist or deontological elements. Indeed, once we examine the actual structure of any such theory more closely, we see that it can be classified in either way arbitrarily. Hence if we ignore the metaethical pronouncements often made by adherents of the consequentialist-deontological distinction, we are quickly (...) led to the conclusion that this distinction contributes nothing of consequence to an understanding of moral theory. I will try to show that there are basically two reasons for this. First, what we mean by the terms endemic to the consequentialist-deontological distinction have no unique references to particular states of affairs in actual cases of moral decision making. Hence we may justify any such concrete moral decision by reference to typically consequentialist or deontological reasoning indifferently. Second, scrutiny of actual and viable moral theories reveals a much finer-grained structure than the consequentialist-deontological taxonomy can capture. And it is this structure, rather than simple attention to consequences or principles, that determines practical moral decision making. We would thus do better to develop the richer vocabulary of causes and constituents, goals and effects, states and events (mental, social, or physical). So in the end, the consequentialist-deontological distinction is irrelevant at the normative level of actual moral reasoning, whereas at the metaethical level it crudely schematizes two opposing types of dummy theory, neither of which is convincing, upon reflection, to any practicing moral philosopher. (shrink)

Commentators such as Kemp Smith (1941), Mendelbaum (1974), and Bricke (1980) have taken the distinctions of reason to pose either a counterexample to or a limitation of scope on the Separability Principle. This has been convincingly addressed by various accounts such as Garrett (1997), Hoffman (2011), and Baxter (2011). However, I argue in this paper that there are two notions of ‘distinction of reason’, one between particular instantiations (token distinctions of reason) and one between general ideas (type distinctions of (...) reason). Discussion of the distinctions of reason in the secondary literature has without fail focused on token distinctions of reason, but I will argue that type distinctions of reason prove problematic for Hume’s Separability Principle. I find a way around this problem that is consonant with Hume’s account of general ideas, but which can hardly be said to be an account which he explicitly or even implicitly endorsed. (shrink)

Le travail qui suit vise à présenter la distinction des contextes de découverte et de justification telle que proposée par Reichenbach. Nous analysons dans quels termes Reichenbach introduit cette distinction et nous montrons quelles difficultés elle implique. Nous étudions de manière synthétique, sur la base de sources secondaires critiques, la signification de cette distinction. En effet, nous analysons la motivation de cette distinction. Nous insistons sur l’ambiguïté de cette distinction, et nous montrons qu’elle veut distinguer (...) deux éléments inséparables. Nous montrons que les contextes sont inextricablement liés et que la découverte ne peut être exclue d’une étude épistémologique de la science. Néanmoins, nous cherchons à montrer qu’il existe des solutions à ce problème. Nous montrons que nous pouvons conserver la distinction si nous la comprenons dans le sens d’une distinction de perspectives sur la science. Nous montrons que cela permet une collaboration entre l’épistémologie et l’histoire. Enfin, nous montrons que la découverte peut être rationalisée et être l’objet d’une logique à part entière. (shrink)

Since Thomas Kuhn’s The Structure of Scientific Revolutions (1962), historians and philosophers of science have paid increasing attention to the implications of disciplinarity. In this chapter we consider restrictions posed to interdisciplinary exchange between ecology and economics that result from a particular kind of commitment to the ideal of disciplinary purity, that is, that each discipline is defined by an appropriate, unique set of objects, methods, theories, and aims. We argue that, when it comes to the objects of study in (...) ecology and economics, ideas of disciplinary purity have been underwritten by the artificial-natural distinction. We then problematize this distinction, and thus disciplinary purity, both conceptually and empirically. Conceptually, the distinction is no longer tenable. Empirically, recent interdisciplinary research has shown the epistemological and policy-oriented benefits of dealing with models which explicitly link anthropogenic (i.e., “artificial”) and non-anthropogenic factors (i.e., “natural”). We conclude that, in the current age of the Anthropocene, it is to be expected that without interdisciplinary exchange, ecology and economics may relinquish global relevance because the distinct and separate systems to which each “pure” science was originally made to apply will only diminish over time. (shrink)

Several approaches to developing a theory of quantum gravity suggest that spacetime—as described by general relativity—is not fundamental. Instead, spacetime is supposed to be explained by reference to the relations between more fundamental entities, analogous to `atoms' of spacetime, which themselves are not (fully) spatiotemporal. Such a case may be understood as emergence of \textit{content}: a `hierarchical' case of emergence, where spacetime emerges at a `higher', or less-fundamental, level than its `lower-level' non-spatiotempral basis. But quantum gravity cosmology also presents us (...) with the possibility of emergence of \textit{context}: where spacetime emerges from some `prior' non-spatiotemporal state (replacing the Big Bang), due to particular conditions in the early universe. I present a general conception of emergence which is plausibly able to accommodate both pictures. This is a positive conception that does not rely on a failure of reduction or explanation in any sense (indeed, reduction is a necessary feature of quantum gravity, and is useful in understanding emergence in this case). I also consider the possibility that the distinction between content- and context- based explanations is blurred, or usefully `collapsed', in the case of spacetime emergence. (shrink)

The sex/gender distinction is a staple of feminist philosophy. In slogan form: sex is “natural,” while gender is the “social meaning” of sex. Considering the importance of the sex/gender distinction—which, here, I neither endorse nor reject—it’s interesting to ask if philosophers working on the metaphysics of sexuality might make use of an analogous distinction. In this paper, I argue that we ought to endorse the sexual orientation/identity distinction. In particular, I argue that the orientation/identity distinction (...) is indispensable to normative explanations regarding LGBTQIA+ oppression and resistance. As a case study, I consider the oppression involved in the gentrification of historic queer neighborhoods. (shrink)

At the heart of semantics in the 20th century is Frege’s distinction between sense and force. This is the idea that the content of a self-standing utterance of a sentence S can be divided into two components. One part, the sense, is the proposition that S’s linguistic meaning and context associates with it as its semantic interpretation. The second component is S’s illocutionary force. Illocutionary forces correspond to the three basic kinds of sentential speech acts: assertions, orders, and questions. (...) Forces are then kinds of acts in which propositions are deployed with certain purposes. I sketch a speech-act theoretic semantics in which that distinction does not hold. Instead of propositions and forces, the theory proposes proto-illocutionary acts and illocutionary acts. The orthodox notion of a proposition plays no role in the framework, which is a good thing, since that notion is deeply problematic. The framework also shows how expressionists, who embrace a sophisticated speech-act framework, face no Frege-Geach embedding problem, since the latter assumes the Sense/Force distinction. (shrink)

Studies of visual event individuation often consider people's representations of activities involving agents performing complex tasks. Concomitantly, theories of event individuation emphasize predictions about agents' intentions. Studies that have examined simple, non-agential occurrences leave open the possiblity that principles of visual object individuation play a role in visual event individuation. Unearthing principles that may be sufficient for event individuation which are distinct both from predictions about agents' intentions and from visual object individuation, we draw on and extend studies that reveal (...) object and event representation to be deeply analogous in our cognitive economy. We provide evidence that ‘temporal shaping' is a sufficient low-level perceptual criterion for the visual individuation of events. In our study, temporal shaping is effected by the introduction of pauses into an otherwise continuous process. Future studies should address other visual mechanisms for introducing temporal shaping (e.g., color changes). (shrink)

In the history of philosophy, the distinction between positive and negative predication has been collapsed. The collapse has caused us to search for a way through Parmenides’ gate: we have constructed scaffolding to see over its boundaries. Kant gave us the distinction between conceptual and non-conceptual knowledge; Hegel gave us determinate negation; Frege gave us the negation stroke; Husserl gave us bracketing and disappointment; G. Spencer-Brown gave us a calculus of distinction. Despite this, we find ourselves—alongside Wittgenstein— (...) wondering how it can be the case that we are able to think what is not the case. We are puzzled by the fact that we can think nothing without the thought lacking content. I suggest that this confusion is unnecessary. Throughout this work, I exercise the thought that the distinction between positive and negative predication is mistaken. I rather suggest that to think what is or is not the case necessarily depends upon an exemplar distinction that is experientially recognized and learned in the world. All the same, our capacity to understand natural distinction likewise depends upon our practical and pervasively conceptual capacities to express it in language. I conclude by suggesting that what makes positive and negative predication distinct is a fundamental unity in conceptual form through its capacity to play distinct functional roles in linguistic practice. (shrink)

The aim of this paper is to take a fresh look at a discussion about the distinct existences argument that took place between David Armstrong and Frank Jackson more than fifty years ago. I will try to show that Armstrong’s argument can be successfully defended against Jackson’s objections (albeit at the price of certain concessions concerning Armstrong’s view on the meaning of psychological terms as well as his conception of universals). Focusing on two counterexamples that Jackson put forward against Hume’s (...) principle (which is central to Armstrong’s argument), I will argue that they are either compatible with Hume’s principle, or imply a false claim. I will also look at several other considerations that go against Hume’s principle, such as, for example, Kripke’s origin essentialism and counterexamples from aposteriori necessity. (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)

After sketching some aspects of truthmaker doctrines and "truthmaker projects", and canvassing some prima facie objections to the latter, I turn to an issue which might seem to involve confusion about the nature of character of truthmakers if such there be, viz for statements of identity and (specially) distinctness. The real issue here is versions of the Identity of Indiscernibles. I discuss ways of discriminating versions, which are almost certainly true but trivial, which almost certainly substantive but false, and explore (...) an interesting intermediate possibility which might if developed yield a plausibly true yet not-entirely-trivial version of the doctrine: it is equivalent to what I call "the Denial of Bare Distinctness". (shrink)

The distinction between concept and conception has been widely debated in political philosophy, whereas in the philosophy of psychology is frequently used, but rarely focused on. This paper aims at filling in this lacuna. I claim that far from being explanatorily idle, the distinction makes it possible to provide an adequate description of phenomena such as genuine disagreement, and concept contestation, which would otherwise remain implausibly puzzling. I illustrate and assess three accounts of the concept-conception distinction. Finally (...) I propose a social externalist account, which relies on deference to experts, and builds on Tyler Burge’s ideas of many decades ago. The debate on concepts and conceptions thus shows a connection with the increasing research work on experts and expertise in psychology and social epistemology. (shrink)

Abstract: Economists are accustomed to distinguishing between a positive and a normative component of their work, a distinction that is peculiar to their field, having no exact counterpart in the other social sciences. The distinction has substantially changed over time, and the different ways of understanding it today are reflective of its history. Our objective is to trace the origins and initial forms of the distinction, from the English classical political economy of the first half of the (...) 19th century to the emergence of welfare economics in the first half of the 20th century. This sequential account will also serve to identify the main representative positions along with the arguments used to support them, and it thus prepares the ground for a discussion that will be less historical and more strictly conceptual. -/- Résumé : Les économistes ont coutume de distinguer entre une composante positive et une composante normative de leurs travaux, ce qui est une singularité de leur discipline, car cette distinction n'a pas de répondant exact dans les autres sciences sociales. Elle a fortement évolué au cours du temps et les différentes manières de la concevoir aujourd'hui en reflètent l'histoire. On se propose ici d'en retracer les origines et les premières formes, de l'économie politique classique anglaise de la première moitié du XIXe siècle jusqu'à l'apparition de l'économie du bien-être dans la première moitié du XXe siècle. Ce parcours séquentiel vise aussi à identifier les positions les plus représentatives et les arguments invoqués pour les soutenir, en préparant ainsi une discussion qui serait moins historique et plus strictement conceptuelle. (shrink)

The value of this essay is not to reiterate the extant views on horror literature, but to make available for the first time to the world at large the textual foundations of considering horror literature as a genre by itself. The Gothic is a different genre altogether though most of us want to conflate and confuse between these two genres. Someday I shall write at length about the nature of the horrific. Suffice to say for now that the focus is (...) that long ago, H. P. Lovecraft in his essay mentioned within this essay distinguished between the gothic as a literary genre and horror literature as another literary genre. And Lovecraft showed us that the horror as a literary genre is by far the greater of the two genres. This essay does not get into the literary values of either the gothic or the horror novel. That has been treated in a fuller manner by this author in his PhD thesis. (shrink)

Ever since Kant published his Critique of Pure Reason, most philosophers have taken the distinction between science and philosophy to depend upon the existence of a class of truths especially amenable to philosophical investigation. In recent times, Quine’s arguments against the analytic-synthetic distinction have cast doubt over the existence of such a class of special philosophical truths and consequently many now doubt that there is a sharp distinction between science and philosophy. In this paper, I present a (...) perfectly sharp distinction between science and philosophy that does not depend upon any distinction between philosophical and scientific truths. (shrink)

Experimental research suggests that people draw a moral distinction between bad outcomes brought about as a means versus a side effect (or byproduct). Such findings have informed multiple psychological and philosophical debates about moral cognition, including its computational structure, its sensitivity to the famous Doctrine of Double Effect, its reliability, and its status as a universal and innate mental module akin to universal grammar. But some studies have failed to replicate the means/byproduct effect especially in the absence of other (...) factors, such as personal contact. So we aimed to determine how robust the means/byproduct effect is by conducting a meta-analysis of both published and unpublished studies (k = 101; 24,058 participants). We found that while there is an overall small difference between moral judgments of means and byproducts (standardized mean difference = 0.87, 95% CI 0.67 – 1.06; standardized mean change = 0.57, 95% CI 0.44 – 0.69; log odds ratio = 1.59, 95% CI 1.15 – 2.02), the mean effect size is primarily moderated by whether the outcome is brought about by personal contact, which typically involves the use of personal force. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...) a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

Distinctively mathematical explanations (DMEs) explain natural phenomena primarily by appeal to mathematical facts. One important question is whether there can be an ontic account of DME. An ontic account of DME would treat the explananda and explanantia of DMEs as ontic structures and the explanatory relation between them as an ontic relation (e.g., Pincock 2015, Povich 2021). Here I present a conventionalist account of DME, defend it against objections, and argue that it should be considered ontic. Notably, if indeed it (...) is ontic, the conventionalist account seems to avoid a convincing objection to other ontic accounts (Kuorikoski 2021). (shrink)

Many philosophers believe that our ordinary English words man and woman are “gender terms,” and gender is distinct from biological sex. That is, they believe womanhood and manhood are not defined even partly by biological sex. This sex/gender distinction is one of the most influential ideas of the twentieth century on the broader culture, both popular and academic. Less well known are the reasons to think it’s true. My interest in this paper is to show that, upon investigation, the (...) arguments for the sex/gender distinction have feet of clay. In fact, they all fail. We will survey the literature and tour arguments in favor of the sex/gender distinction, and then we’ll critically evaluate those arguments. We’ll consider the argument from resisting biological determinism, the argument from biologically intersex people and vagueness, the argument from the normativity of gender, and some arguments from thought experiments. We’ll see that these arguments are not up to the task of supporting the sex/gender distinction; they simply don’t work. So, philosophers should either develop stronger arguments for the sex/gender distinction, or cultivate a variety of feminism that’s consistent with the traditional, biologically-based definitions of woman and man. (shrink)

Abstract -/- Before Descartes, middle age philosophers like Thomas Aquinas (1225-1274), Duns Scotus (1266-1308), and Francisco Suarez (1548-1617) used to discuss the distinction between essence and existence in three ways (of course, Ibn-Sina was the first who made this distinction to rehabilitate Aristotelian philosophy in the Islamic heritage). Descartes was aware of that, but discussed it according to the relation between mind and body. Yet, he told us many times that he was used to separate essence from existence (...) in metaphysical issues. The objective of this paper is first to rephrase his untold opinion about the relation between essence and existence on the basis of his conception of the problem of distinction according to mind and body, and second, to disclose that Descartes's conception of existence is twofold. At the end, it is claimed that his twofold notion of existence and his inability to overcome it, is the principal factor in his failure to explicate everything according to first principles, and so in his failure to defeat skepticism. (shrink)

One of the components of John Cottingham's thinking - a contemporary English philosopher - in the relationship between reason and religion, is the distinction between the field of science and religion. He has presented this distinction in two parts: the type of issues in the field of science and religion, and The method of inference in the field of science and religion. According to Cottingham, religious issues are related to outside the field of human knowledge, and the way (...) of debunking them is not the way of debunking the best explanation in empirical sciences; Because despite the problem of evil, theistic hypothesis cannot be considered as the best explanation for the phenomena of the world. His proposed model for the field of religion is the legal model; That is, the fact that the explanation presented is not incompatible with empirical evidence is enough to justify religious belief. He considers his point of view between extreme faithism and pseudo-scientific inferentialism. This view is criticized in several ways; Including: 1. Failure to pay attention to the function of secondary philosophical concepts in understanding the metaphysical dimension of the world of matter and abstractions, 2. The problem of "ignoring", 3. The inefficiency of the proposed model with regard to the issue of evil. (shrink)

To date there are no studies examining the ability to make a moral/conventional transgression distinction in adolescent offenders with psychopathic traits. Based on the Psychopathy Checklist: Youth Version, we compared males with high (HP, n = 45), medium (MP, n = 31) and low psychopathy scores (LP, n = 39) on the moral convention distinction task. Under normal rule conditions the psychopathy groups did not differ in their ability to make a moral/conventional distinction. The HP group tended (...) to view both transgression types as more permissible and conventional transgressions as less serious, than the LP group. Under modified rule conditions, the HP group exhibited reduced moral/conventional distinction scores com- pared to the MP group. The findings only partially replicate findings from previous M/C studies in children and adults with psychopathic traits. The work fits with more recent reports suggesting that psychopathy is not strongly associated with marked difficulties in cognitive theory of mind, perspective taking and moral judgements. Future studies should focus on the affective aspects of moral reasoning in offender samples. (shrink)

The Comprehensive Argument for Resolving the Israeli-Palestinian Conflict presents a structured, multi-faceted approach to achieving long-term peace and stability in the Middle East. By integrating historical context, security considerations, and ethical principles, the argument proposes actionable solutions that respect the cultural, religious, and political complexities of the region. Key elements include international cooperation, voluntary relocation options, economic partnerships, and expanded human rights protections. The proposal emphasizes the importance of joint security measures, unrestricted access to religious sites, and cultural exchange programs (...) as tools to foster mutual understanding and empathy between Israelis and Palestinians. -/- Furthermore, the argument recognizes the significance of balancing religious and political realities, incorporating the Qur’an’s directive for Muslims not to associate with Jews while acknowledging interpretations that promote fairness toward the People of the Book. The phased roadmap presented here aims to initiate confidence-building steps and address potential challenges in a way that aligns with both practical concerns and deeply held beliefs. This comprehensive approach seeks to create a foundation for sustainable coexistence, prioritizing peace, security, and cultural preservation as essential elements of a viable solution. -/- Let me know if you’d like any adjustments or if there’s additional emphasis you’d like to include in this abstract! (shrink)

How should we account for the planning and performance of a bodily action in terms of the agent’s intentions? An influential answer invokes two distinct kinds of intention: intentions for the future (also known as prior intentions or distal intentions), responsible for action planning, and intentions for the present (also known as intentions in action or proximal intentions), responsible for action performance. I argue that there is something wrong with this influential answer: the notion of intention for the present is (...) either superfluous (because intentions for the future can exercise functions associated both with action planning and with action performance) or ambiguous (because it conflates temporal, functional, and content-related aspects). Developing this criticism will lead to an alternative account of action planning and performance based on intentions of just one kind. (shrink)

Some contemporary semantic views defend an asymmetry thesis concerning defi-nite descriptions and indexicals. Semantically, indexicals are devices of singular refer-ence; they contribute objects to the contents of the speech acts made with utterances including them. Definite descriptions, on the other hand, are generalized quantifiers, behaving roughly the way Russell envisaged in “On Denoting”. The asymmetry thesis depends on the existence of a sufficiently clear-cut distinction between semantics and pragmatics, because indexicals and descriptions are often used in ways that apparently (...) contradict the asymmetry thesis; the semantics/pragmatics distinction is invoked to see behind the appearances. The paper critically examines arguments by Schiffer against the asymmetry thesis, based on referential uses of incomplete descriptions. (shrink)