The term “deep history” refers to historical accounts framed temporally not by the advent of a written record but by evolutionary events (Smail 2008; Shryock and Smail 2011). The presumption of deep history is that the events of today have a history that traces back beyond written history to events in the evolutionary past. For human kinship, though, even forming a history of kinship, let alone a deep history, remains problematic, given limited, relevant data (Trautman et al. 2011). With regard (...) to a deep history, one conjecture is that human kinship evolved from primate social systems in a gradual, more-or-less continuous manner (see Chapais 2008); another conjecture is that kinship, in accordance with the incest account of Claude Lévi-Strauss (1969) or the fanciful, tetradic account of Nicholas J. Allen (1986), “comes into existence with a leap” (Trautman et al. 2011: 176); and yet another, the account to be developed in this paper, is that kinship, as it is understood and lived by culture bearers today, is the consequence of a profound and qualitative evolutionary transformation going from an ancestral primate-like social system predicated on extensive face-to-face interaction to the relation-based social systems that characterize human societies (Read 2012). (shrink)

Anton Wilhelm Amo (c. 1700 – c. 1750) – born in West Africa, enslaved, and then gifted to the Duke of Braunschweig-Wolfenbüttel – became the first African to earn a Ph.D. in philosophy at a European university. He went on to teach philosophy at the Universities of Halle and Jena. On the 16th of April, 1734, at the University of Wittenberg, he defended his dissertation, De Humanae Mentis Apatheia (On the Impassivity of the Human Mind), in which Amo investigates the (...) logical inconsistencies in René Descartes’ (1596 – 1650) res cogitans (mind) and res extensa (body) distinction and interaction by maintaining that (1) the mind does not sense material things nor does it (2) contain the faculty of sensing. (shrink)

The evolution from pre-human primates to modern Homo sapiens is a complex one involving many domains, ranging from the material to the social to the cognitive, both at the individual and the community levels. This article focuses on a critical qualitative transition that took place during this evolution involving both the social and the cognitive domains. For the social domain, the transition is from the face-to-face forms of social interaction and organization that characterize the non-human primates that reached, with Pan, (...) a hiatus due to the centripetal effects that highly individualized behavior has on a social system. The transition is to the relation-based forms of social organization that evolved in the hominins ancestral to Homo sapiens and are universal in human societies today. For the cognitive domain, this transition involves going from behavior responding mainly to phenomenal level sensory inputs to behavior formed in accordance with the concept of a relation, initially abstracted from behavior patterns, then extending the concept of a relation beyond abstraction from behavior patterns to the concept of a relation generated recursively through constructing the relation of a relation. This extension made possible the construction of systems of relations; initially genealogical systems of relations constructed culturally using the logic of recursion, and subsequently, the symbolic, computational systems of kin term relations referred to by anthropologists as kinship terminologies. The latter are “constructed realities” in the sense this term is used by cultural anthropologists. It follows that the evolution of relation-based systems of social interaction is not adequately accounted for through population model evolutionary accounts such as the Dual Inheritance Theory of human evolution since “constructed realities” constitute collectively and publicly shared cultural knowledge rather than the individually and privately possessed knowledge that is assumed in the population model framework for human evolution. (shrink)

© Cambridge University Press 2016.Richerson et al. propose cultural group selection as the basis for understanding the evolution of cultural systems. Their proposal does not take into account the nature of cultural idea systems as being constituted at an organizational rather than an individual level. The sealing partners of the Netsilik Inuit exemplify the problem with their account.

The evolutionary trajectory from non-human to human forms of social organization involves change from experiential- to relational-based systems of social interaction. Social organization derived from biologically and experientially grounded social interaction reached a hiatus with the great apes due to an expansion of individualization of behaviour. The hiatus ended with the introduction of relational-based social interaction, culminating in social organization based on cultural kinship. This evolutionary trajectory links biological origins to cultural outcomes and makes evident the centrality of distributed forms (...) of information for both the boundary and internal structure of human societies as these evolved from prior forms of social organization. (shrink)

Is Present Time a Precondition for the Existence of the Material and Public World?. . ???aop.label???. doi: 10.1080/02691728.2013.782591.

However robust the mind's cognitive strategies of objectifying and rendering in object terms conscious experience, there is nevertheless that which resists object/substantivity categorization: an exteriority that comes out of perception itself and that is here termed the 'background '. In seeking out, in this inquiry, the non- objectified and non-thingness part of the observed world, we must first of all distinguish this background from such misrepresenta- tions as mere 'seeming '. The background -- while not thing-like or detectable as data (...) will be defended as existing concretely and empirically to the observer, notwithstanding our objectifying and substantive way of framing our understanding of the world. It will be shown to have verifiability despite being knowable only from the first-person perspective. The aim is to demonstrate its presence by way of a number of its features, and to show that far from being a mere subjective quality, it stands as real as do spatial objects or whatever arises spatially as a discretizable information source in the empirical world. (shrink)

We present an algebraic account of the Tongan kinship terminology (TKT) that provides an insightful journey into the fabric of Tongan culture. We begin with the ethnographic account of a social event. The account provides us with the activities of that day and the centrality of kin relations in the event, but it does not inform us of the conceptual system that the participants bring with them. Rather, it is a slice in time of an ongoing dynamic process that links (...) behavior with a conceptual system of kin relations and vice versa. To understand this interplay, we need an account of the underlying conceptual system that is being activated during the event. Thus, we introduce a formal, algebraically based account of TKT. This account brings to the fore the underlying logic of TKT and allows us to distinguish between features of the kinship system that arise from the logic of TKT as a generative structure and features that must have arisen through cultural intervention. (shrink)

The ethos of Justin Smith’s Nature, Human Nature, & Human Difference is expressed in the narrative of Anton Wilhelm Amo (~1703-53), an African-born​ slave who earned his doctoral degree in Philosophy at a European university and went on to teach at the Universities of Jena and Halle. Smith identifies Amo as a time-marker for diverging interpretations of race: race as inherently tethered to physical difference and race as inherited essential difference. Further, these interpretations of race are fastened to the discourse (...) of science and human diversity within modern Europe. Smith’s thesis maintains that the rise of the concept of race in philosophy begins with a divorcing of the soul from human nature and a movement to a naturalistic classification of human beings through taxonomies (e.g. botany, mineralogy and zoology), which dissolved into this dichotomy: an essential difference between people of reason and people of nature. (shrink)

Encultured individuals see the behavioral rules of cultural systems of moral norms as objective. In addition to prescriptive regulation of behavior, moral norms provide templates, scripts, and scenarios regulating the expression of feelings and triggered emotions arising from perceptions of norm violation. These allow regulated defensive responses that may arise as moral idea systems co-opt emotionally associated biological survival instincts.

Both Philip and Andrew are philosophy students whose interests converge around the philosophy of technology broadly understood. Philip's interest is specifically aimed toward the ethics of Transhumanism and depictions of Transhumanism in works of fiction. On the other hand, Andrew finds himself more focused on religious behavior in the technological world. While the two perspectives might not seem that close, there is certain to be an overlap in Andrew and Philip's shared understanding of how technological phenomena play a crucial role (...) concerning religion and society. (shrink)

Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.

A Zoom discussion about racism and ableism in philosophy.

This classic collection of essays, first published in 1968, represents H.L.A. Hart's landmark contribution to the philosophy of criminal responsibility and punishment. Unavailable for ten years, this new edition reproduces the original text, adding a new critical introduction by John Gardner, a leading contemporary criminal law theorist.

This book is a translation of W.V. Quine's Kant Lectures, given as a series at Stanford University in 1980. It provide a short and useful summary of Quine's philosophy. There are four lectures altogether: I. Prolegomena: Mind and its Place in Nature; II. Endolegomena: From Ostension to Quantification; III. Endolegomena loipa: The forked animal; and IV. Epilegomena: What's It all About? The Kant Lectures have been published to date only in Italian and German translation. The present book is filled out (...) with the translator's critical Introduction, "The esoteric Quine?" a bibliography based on Quine's sources, and an Index for the volume. (shrink)

According to the orthodox treatment of risk preferences in decision theory, they are to be explained in terms of the agent's desires about concrete outcomes. The orthodoxy has been criticised both for conflating two types of attitudes and for committing agents to attitudes that do not seem rationally required. To avoid these problems, it has been suggested that an agent's attitudes to risk should be captured by a risk function that is independent of her utility and probability functions. The main (...) problem with that approach is that it suggests that attitudes to risk are wholly distinct from people's (non-instrumental) desires. To overcome this problem, we develop a framework where an agent's utility function is defined over chance propositions (i.e., propositions describing objective probability distributions) as well as ordinary (non-chance) ones, and argue that one should explain different risk attitudes in terms of different forms of the utility function over such propositions. (shrink)

ABSTRACT Offsetting is a very ineffective way to do good. Offsetting your lifetime emissions may increase aggregated life expectancy by at most seven years, while giving the amount it costs to offset your lifetime emissions to a malaria charity saves in expectation the life of at least one child. Is there any moral reason to offset rather than giving to some charity that does good so much more effectively? There might be such a reason if your offsetting compensated or somehow (...) benefitted the victims of your emission, since that could mean that you would satisfy the duty not to harm others by emitting and offsetting. But that is typically not true. If your emission harms some person and your offsetting benefits some person, then these are most likely different people. Hence, I conclude, we have a stronger reason to give to effective charities than we have to offset our emissions. (shrink)

Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020.

Many philosophers think that we should use a lottery to decide who gets a good to which two persons have an equal claim but which only one person can get. Some philosophers think that we should save identified persons from harm even at the expense of saving a somewhat greater number of statistical persons from the same harm. I defend a principled way of justifying both judgements, namely, by appealing to the decreasing marginal moral value of survival chances. I identify (...) four desiderata that, I contend, any such justification should satisfy, and explain how my account meets these desiderata, unlike some previous accounts. (shrink)

The veil of ignorance argument was used by John C. Harsanyi to defend Utilitarianism and by John Rawls to defend the absolute priority of the worst off. In a recent paper, Lara Buchak revives the veil of ignorance argument, and uses it to defend an intermediate position between Harsanyi's and Rawls' that she calls Relative Prioritarianism. None of these authors explore the implications of allowing that agent's behind the veil are averse to ambiguity. Allowing for aversion to ambiguity---which is both (...) the most commonly observed and a seemingly reasonable attitude to ambiguity---however supports a version of Egalitarianism, whose logical form is quite different from the theories defended by the aforementioned authors. Moreover, it turns out that the veil of ignorance argument neither supports standard Utilitarianism nor Prioritarianism unless we assume that rational people are insensitive to ambiguity. (shrink)

This book is a thesis submitted to the Faculty of Arts of the University of Utrecht. It was prepared under the supervision of Prof. Dr. H. Schultink. I would like to express my gratitude to him for his criticisms of earlier versions which led to many improvements, in particular with respect to the exposition of the argument. To my co-referent Dirk van Dalen, reader in the Department of Philo sophy (,Centrale Interfaculteit') of the University of Utrecht, I am greatly indebted (...) for his valuable and fruitful suggestions about problems relevant to both linguistics and logic. Several ideas developed in this study owe their present concrete form to our many discussions. This thesis originates in syntactic research into the Aspects carried out in 1967 under the supervision of Albert Kraak, professor at the University of Nijmegen, who ever since gave much attention to my work in progress. I am very grateful to him for his careful and stimulating criticism as well as for the continuous support he gave me during these years. The present study closely relates to the work of my colleague Wim Klooster with regard to both its theoretical framework and its subject matter. Our joint work on the measurement of duration in Dutch is an integral part of the argument. I have greatly profited from the numerous discussions we have had. (shrink)

This paper analyses the technoscientific objective of building a synthetic cell from a Jungian perspective. After decades of fragmentation and specialisation, the synthetic cell symbolises a turn towards restored wholeness, both at the object pole and at the subject pole. From a Jungian perspective, it is no coincidence that visual representations of synthetic cells often reflect an archetypal, mandala-like structure. As a symbol of restored unity, the synthetic cell mandala compensates for technoscientific fragmentation via active imagination, providing a visual aid (...) for the technoscientific turn towards reintegration. Although the biotechnological desire to reconstruct life in vitro has been compared to alchemy before, a Jungian analysis allows us to make this comparison more specific and precise. The problem of archetypal images, however, is that alluring prospects of reintegration may underestimate and obfuscate the deficiencies and tensions at work in the current situation. As a projection of a future wholeness, it fosters optimism, but may also function as a misleading façade, covering up collisions and complexities. This can be averted by the conscious employment of the mandala as a symbolic scaffold fostering processes of individuation and working through. (shrink)

It has recently been argued that indeterminacy and indeterminism make most ordinary counterfactuals false. I argue that a plausible way to avoid such counterfactual skepticism is to postulate the existence of primitive modal facts that serve as truth-makers for counterfactual claims. Moreover, I defend a new theory of ‘might’ counterfactuals, and develop assertability and knowledge criteria to suit such unobservable ‘counterfacts’.

Bartha and DesRoches (Synthese 199(3–4):8701–8740, 2021) and Steel and Bartha (Risk Analysis 43(2):260–268, 2023) argue that we should understand the precautionary principle as the injunction to maximise lexical utilities. They show that the lexical utility model has important pragmatic advantages. Moreover, the model has the theoretical advantage of satisfying all axioms of expected utility theory except continuity. In this paper I raise a trilemma for any attempt at modelling the precautionary principle with lexical utilities: it permits choice cycles or leads (...) to paralysis or implies that the smallest value difference that is possible in a context has extreme axiological implications. (shrink)

Catastrophic risk raises questions that are not only of practical importance, but also of great philosophical interest, such as how to define catastrophe and what distinguishes catastrophic outcomes from non-catastrophic ones. Catastrophic risk also raises questions about how to rationally respond to such risks. How to rationally respond arguably partly depends on the severity of the uncertainty, for instance, whether quantitative probabilistic information is available, or whether only comparative likelihood information is available, or neither type of information. Finally, catastrophic risk (...) raises important ethical questions about what to do when catastrophe avoidance conflicts with equity promotion. (shrink)

If I were asked to put forward an ethical principle which I considered to be especially certain, it would be that no one can be responsible, in the properly ethical sense, for the conduct of another. Responsibility belongs essentially to the individual. The implications of this principle are much more far-reaching than is evident at first, and reflection upon them may lead many to withdraw the assent which they might otherwise be very ready to accord to this view of responsibility. (...) But if the difficulties do appear to be insurmountable, and that, very certainly, does not seem to me to be the case, then the proper procedure will be, not to revert to the barbarous notion of collective or group responsibility, but to give up altogether the view that we are accountable in any distinctively moral sense. (shrink)

I argue, first, that the deprived individuals whose predicaments Nussbaum cites as examples of "adaptive preference" do not in fact prefer the conditions of their lives to what we should regard as more desirable alternatives, indeed that we believe they are badly off precisely because they are not living the lives they would prefer to live if they had other options and were aware of them. Secondly, I argue that even where individuals in deprived circumstances acquire tastes for conditions that (...) we regard as bad, they are typically better off having their acquired preferences satisfied. If they are badly off it is because they cannot get what we and they, would regard as more desirable alternatives. Preference utilitarianism explains why individuals in such circumstances are badly off whether they have adapted to their deprived circumstances or not. Even if they prefer the conditions of their lives to all other available alternatives, most would prefer alternatives that are not available to them which would, on the preferentist account, make them better off. And that, on the preferentist account, is the basis for a radical critique of unjust institutions that limit people's options and prevent them from getting what they want. (shrink)

The Precautionary Principle (PP) is an influential principle of risk management. It has been widely introduced into environmental legislation, and it plays an important role in most international environmental agreements. Yet, there is little consensus on precisely how to understand and formulate the principle. In this paper I prove some impossibility results for two plausible formulations of the PP as a decision-rule. These results illustrate the difficulty in making the PP consistent with the acceptance of any trade-offs between catastrophic risks (...) and more ordinary goods. (shrink)

We present an epistemological schema of natural sciences inspired by Peirce's pragmaticist view, stressing the role of the \emph{phenomenological map}, that connects reality and our ideas about it. The schema has a recognisable mathematical/logical structure which allows to explore some of its consequences. We show that seemingly independent principles as the requirement of reproducibility of experiments and the Principle of Sufficient Reason are both implied by the schema, as well as Popper's concept of falsifiability. We show that the schema has (...) some power in demarcating science by first comparing with an alternative schema advanced during the first part of the 20th century which has its roots in Hertz and has been developed by Einstein and Popper. Further, the identified differences allow us to focus in the construction of Special Relativity, showing that it uses an intuited concept of velocity that does not satisfy the requirements of reality in Peirce. While the main mathematical observation connected with this issue has been known for more than a century, it has not been investigated from an epistemological point of view. A probable reason could be that the socially dominating epistemology in physics does not encourage such line of work. We briefly discuss the relation of the abduction process presented in this work with discussions regarding ``abduction'' in the literature and its relation with ``analogy''. (shrink)

Ocean-based salmon farming, as presently practiced, is thought to pose an existential threat to what we today think of as wild salmon. This raises ethical questions about, first, the value of wild salmon, and, second, the value of wild salmon of the particular type that exists today. This essay uses the debate around ocean-based salmon farming as a case study of ‘irreversible damage’, a concept that figures heavily in environmental laws and regulations, in particular, in the so-called ‘precautionary principle’. It (...) is argued that although ocean-based salmon farming may, on the face of it, seem to be a prime example of a threat of irreversible damage, a wish to avoid irreversible damage does not support banning such farming. In contrast, it is argued that concern for irreplaceable value might support a ban. The findings suggest that it would often be appropriate for environmentalists and conservationists to focus more on irreplaceable value and less on irreversible damage. (shrink)

Considerations of dynamic inconsistency have figured prominently in debates over the rationality of preferences that violate the separability conditions characteristic of expected utility theory. These debates have mostly focused on risk- and ambiguity averse preferences, but analogous considerations apply to preferences for fairness. We revisit these debates in the context of a specific hypothesis regarding the violations of separability by such preferences, namely that they are potentially both explained and rationalised by attitudes to the chances of goods that motivate a (...) preference for equality in the distribution of chances across people and possible events. Our main aim is to argue that, first, when these violations of static separability are motivated by such attitudes to chances, then they need not result in dynamically inconsistent behaviour. Second, and more generally, considerations of dynamic consistency do not, we argue, undermine the rationality of such attitudes towards the distribution of chances, despite the fact that such attitudes give rise to violations of the static separability assumptions of expected utility theory. (shrink)

Die Schrift Peri hermeneias (De interpretatione) nimmt unter den logischen Schriften des Aristoteles einen bedeutenden Platz ein, ist aber an vielen Stellen nicht leicht zu verstehen. Ziel der vorliegenden zweisprachigen Ausgabe ist es, sie dem Verständnis eines modernen Lesers, der sich für die Aristotelische Philosophie und für die Geschichte der Logik interessiert, durch erläuternde Anmerkungen zum Text neu zu erschließen.

This volume offers a collection of in-depth explorations of pragmatism as a framework for discussions in philosophy of science and metaphysics. Each chapter involves explicit reflection on what it means to be pragmatist, and how to use pragmatism as a guiding framework in addressing topics such as realism, unification, fundamentality, truth, laws, reduction, and more. -/- .

A moderately risk averse person may turn down a 50/50 gamble that either results in her winning $200 or losing $100. Such behaviour seems rational if, for instance, the pain of losing $100 is felt more strongly than the joy of winning $200. The aim of this paper is to examine an influential argument that some have interpreted as showing that such moderate risk aversion is irrational. After presenting an axiomatic argument that I take to be the strongest case for (...) the claim that moderate risk aversion is irrational, I show that it essentially depends on an assumption that those who think that risk aversion can be rational should be skeptical of. Hence, I conclude that risk aversion need not be irrational. (shrink)

In this paper, I show that Aristophanes’s speech in Plato’s Symposium is tied into an interesting and hitherto unexplored web of ideas in Plato’s ethics and psychology. The poet’s analysis of erōs as ‘leading us to what “belongs” (the oikeion)’ (193d2) and as ‘restoring us in our “original nature” (archaia phusis)’ (193d4) is not a mere negative contribution that renders him a ‘target for Diotima’s fire’ (Dover). Rather, he unwittingly communicates central ethical and psychological ideas which we find developed in (...) key passages of Plato’s dialogues. What is interesting is that Diotima in a curious passage seems to dismiss his contribution of the oikeion as unrelated to our good (agathon) and irrelevant to the analysis of desire (205d10–206a1). I argue that this interpretation of Diotima’s response to Aristophanes, which would render her position an ethical anomaly in Plato’s dialogues, should be rejected. Instead, it is more plausible to read her response as proposing a revisionary conception of the oikeion, relying on the idea that our agathon is our true oikeion. In addition, I tentatively suggest that the theory of psychic pregnancy may be seen as presenting the agathon of wisdom of virtue produced in the ascent as an oikeion. Just as fascinating as Diotima’s stance on the oikeion is the question how her teachings relate to the concept of an archaia phusis of the soul. The idea that the soul’s self-perfection constitutes a return to a temporally prior condition of excellence, which in two places other than the Symposium (Republic X, Timaeus) is called the ‘archaia phusis’, is pervasive and centrally important to Plato’s psychology. I address the question whether Diotima’s ascent passage constitutes a psychological anomaly in portraying self-perfection as unrelated to the concept of the archaia phusis. I argue that an answer to this depends on the stance we take on the Symposium’s position regarding the immortality of the soul. While a reading that posits a rejection of immortality in the Symposium must indeed deny a role for the concept in Diotima’s speech, I show that a reading allowing for immortality as a theoretical commitment in the background has an interesting interpretative option: along with Timaeus 90d5, it may fruitfully interpret the ascent as an ordering of the soul ‘in accordance with its archaia phusis’. (shrink)

I defend a weak version of the Pigou-Dalton principle for chances. The principle says that it is better to increase the survival chance of a person who is more likely to die rather than a person who is less likely to die, assuming that the two people do not differ in any other morally relevant respect. The principle justifies plausible moral judgements that standard ex post views, such as prioritarianism and rank-dependent egalitarianism, cannot accommodate. However, the principle can be justified (...) by the same reasoning that has recently been used to defend the core axiom of ex post prioritarianism and egalitarianism, namely, Pigou-Dalton for well-being. The arguably biggest challenge for proponents of Pigou-Dalton for chances is that it violates State Dominance for social prospects. However, I argue that we have independent reason for rejecting State Dominance for social prospects, since it prevents a social planner from properly respecting people's preferences. (shrink)

Dr Peter Sjöstedt-H reviews Dr Andrew R. Gallimore's book, Alien Information Theory. -/- This was published on PsyPressUK on 13 June 2019.

This paper advances a theory of disease as domino dysfunction. It is often argued that diseases are biological dysfunctions. However, a theory of disease as biological dysfunction is complicated by some plausible cases of dysfunction, which seem clearly non-pathological. I argue that pathological conditions are not just dysfunctions but domino dysfunctions, and that domino dysfunctions can be distinguished on principled biological grounds from non-pathological dysfunctions. I then show how this theory can make sense of the problem cases; they are not (...) diseases because they are not domino dysfunctions. (shrink)

Sweden features near the top of most gender-equality rankings. The World Economic Forum rates it as having one of the narrowest gender gaps in the world. But Sweden is not only a good place to be a woman: it also appears to be an idyll for new dads. Close to 90% of Swedish fathers take paternity leave. In 2013, some 340,000 dads took a total of 12 million days’ leave, equivalent to about seven weeks each. Women take even more leave (...) days to spend time with their children, but the gap is shrinking. Why do Swedish dads take so much time off work to raise their children? (shrink)

Neoclassical economists use expected utility theory to explain, predict, and prescribe choices under risk, that is, choices where the decision-maker knows---or at least deems suitable to act as if she knew---the relevant probabilities. Expected utility theory has been subject to both empirical and conceptual criticism. This chapter reviews expected utility theory and the main criticism it has faced. It ends with a brief discussion of subjective expected utility theory, which is the theory neoclassical economists use to explain, predict, and prescribe (...) choices under uncertainty, that is, choices where the decision-maker cannot act on the basis of objective probabilities but must instead consult her own subjective probabilities. (shrink)

In this field questions arise which are certainly difficult; but as I listened last time to members of the group, I felt that the main difficulty perhaps lay in determining precisely what questions we are trying to answer. I have the conviction that if we could only say clearly what the questions are, the answers to them might not appear so elusive. So I have begun with a simple list of questions about discretion which in one form or another were, (...) as it seemed to me, expressed by the group last time. I may indeed have omitted something and inserted something useless: if so, no doubt I shall be informed of this later. The central questions then seem to me to be the following: 1. What is discretion, or what is the exercise of discretion? 2. Under what conditions and why do we in fact accept or tolerate discretion in a legal system? 3. Must we accept discretion or tolerate discretion, and if so, why? 4. What values does the use of discretion menace, and what values does it maintain or promote? 5. What can be done to maximize the beneficial operation of the use of discretion and to minimize any harm that it does? (shrink)

With the coronavirus pandemic and the Omicron variant once again forcing countries into lockdown, this essay seeks to outline a Foucauldian critique of various legal measures taken by the Danish government to cope with COVID-19 during the first year and a half of the pandemic. The essay takes a critical look at the extra-legal measures employed by the Danish government, as the Danish politicians attempted to halt the spread of the, now almost forgotten, Cluster 5 COVID-19 variant. This situation will (...) serve as a critical point from where to start using Foucault’s writings on life and biopolitics in order to expose various legally problematic governmental decisions that became visible during the handling of COVID-19 in general and the Cluster 5 mutation in particular. Reframing the pandemic within Foucault’s concept of biopolitics, this essay concludes that the state of exception has led to an increase in biopolitical logic, where some lives have come to matter more than others. As a critical counterpoint to this logic, the conclusion suggests that the notion of biocommunism could provide a suitable reconfiguration of communism. A reconfiguration that could mitigate some of the issues related to biopolitics is uncovered earlier in the essay. (shrink)

Alexander James Dallas' An Exposition of the Causes and Character of the War was written as part of an effort by the then US government to explain and justify its declaration of war in 1812. However publication coincided with the ratification of the Treaty of Ghent, which ended the War. The Exposition is especially interesting for the insight it provides into the self-constraint of American foreign policy and of the conduct of a war. The focus is on the foreign policy (...) of the early republic and the related philosophy of law and war. A central idea is that international law should chiefly benefit those remaining at peace. -/- Dallas was a Philadelphian who settled there in 1783, the year of the Peace of Paris which ended the War of Independence, arriving from Jamaica after a British education. He wrote much on law, becoming the first recorder of cases before the U.S. Supreme Court. He later served as Secretary of the Commonwealth of Pennsylvania, and federal district attorney for Eastern Pennsylvania, appointed by President Jefferson. He was appointed Secretary of Treasury by President Madison. -/- In this edition the original text is presented with annotations to help identify persons and events of interest. The editor has also added an Introduction, a Bibliography, a short Chronology of Dallas' life and the events of the War, and an analytical Index. As such this annotated edition presents a key primary source in a manner helpful to research for students of the early Republic. (shrink)

Rowe has recently argued that pure risk of harm cannot itself be a harm. I respond to Rowe and argue that given an appropriate understanding of objective probabilities, pure objective risk of harm can itself be a harm.

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according to which Christ (...) is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

The thesis that follows proffers a solution to the mind-matter problem, the problem as to how mind and matter relate. The proposed solution herein is a variant of panpsychism – the theory that all (pan) has minds (psyche) – that we name pansentient monism. By defining the suffix 'psyche' of panpsychism, i.e. by analysing what 'mind' is (Chapter 1), we thereby initiate the effacement of the distinction between mind and matter, and thus advance a monism. We thereafter critically examine the (...) prevalent view, antithetical to a pansentient monism, that mind is not identical to matter but emergent therefrom (Chapter 2). This anti-emergentist critique acts also as a fortification of the Genetic Argument for panpsychism: if mind is not emergent (nor distinct) from matter, mind must always have existed with matter. But what is 'matter'? Chapter 3 investigates what we understand by 'matter', or 'the physical', and exposes it as a highly deficient concept and percept that in concreto points to its identity with that denoted by 'mind'. This also acts as a fortification of the Abstraction Argument for panpsychism, employing a new taxonomy of physicalism and a new taxonomy of the varieties of abstraction. Thus do we reach a monism that is a parsimonious psycho-physical identity theory. But here we face what can be called The Identity Problem for Panpsychism: if our panpsychism is a psycho-physical identity theory, how can it respond to the powerful objections that beset the identity theory of the twentieth century? In Chapter 4 it will be argued that, like emergentism, this psycho-neural identity theory presupposed a deficient concept of 'matter', down to which mind was reduced away, let alone identified. But to identify down phenomena to what is actually an abstraction is to commit failure of explanation. When the theory is amended accordingly, we move from a psycho-neural identity theory to a genuine psycho-physical identity theory that as such can overcome the aforementioned identity problem. Furthermore, as Chapter 5 clarifies, our pansentient monism has, in addition to parsimony, the explanatory power to resolve the problem of mental causation that afflicts both the reductive physicalism of psycho-neural identity theory and the non-reductive physicalism of emergentism, by genuinely identifying physical and mental causation. Jaegwon Kim considers the place of consciousness in a physical world and the nature of mental causation to be the two key components of the mind-matter problem. Through the critical analysis of our prosaic understanding of mind and matter in this thesis, which incorporates the thought of both classical and contemporary thinkers through a novel fusion, it is hoped that both components are addressed and redressed. That is to say that I present this pansentient monism as a plausible, parsimonious, explanatory, and thus, I think, powerful position towards this ever-perplexing mind-matter mystery. -/- [This thesis was passed in January 2019 with viva examination from Galen Strawson and Joel Krueger. (shrink)

How do people decide what category an artifact belongs to? Previous studies have suggested that adults and, to some degree, children, categorize artifacts in accordance with the design stance, a categorization system which privileges the designer’s original intent in making categorization judgments. However, these studies have all been conducted in Western, technologically advanced societies, where artifacts are mass produced. In this study, we examined intuitions about artifact categorization among the Shuar, a hunter-horticulturalist society in the Amazon region of Ecuador. We (...) used a forced-choice method similar to previous studies, but unlike these studies, our scenarios involved artifacts that would be familiar to the Shuar. We also incorporated a community condition to examine the possible effect of community consensus on how artifacts are categorized. The same scenarios were presented to university student participants in the UK. Across populations and conditions, participants tended to categorize artifacts in terms of a creator’s intent as opposed to a differing current use. This lends support to the view that the design stance may be a universal feature of human cognition. However, we conclude with some thoughts on the limitations of the present method for studying artifact concepts. (shrink)

The relationship between “Towards a Critique of Violence” (1921) and the work of Franz Kafka has been well established by several critical studies devoted to Walter Benjamin. However, it is striking that Benjamin himself, already well acquainted with the work of the Czech writer in 1921, never made any comment to Kafka’s work in this essay, and, more broadly, in any of the related texts that make up the project on the ‘Critique of Violence’. In this article, we analyze a (...) set of notions (Entstellung, Entsühnung, Zurechstellen) that allow us to establish a mediated relationship between this essay and the articles and letters that Benjamin devoted to Kafka in the 1930s. This relationship takes us back to the only piece in which Benjamin carries out an autonomous treatment of the “category of justice” (1916) in which he identifies -as it will happen eighteen years later, in the essay on Kafka (1934)- the locus of justice in the “non-violence”, thus untying the knot that binds in a perhaps indiscernible way in the Jewish tradition the notions of “messianism” and “violence”. (shrink)

SummaryThis paper argues that the influence of language on science, philosophy and other field is mediated by communicative practices. Where communications is more restrictive, established linguistic structures exercise a tighter control over innovations and scientifically motivated reforms of language. The viewpoint here centers on the thesis that argumentation is crucial in the understanding and evaluation of proposed reforms and that social practices which limit argumentation serve to erode scientific objectivity. Thus, a plea is made for a sociology of scientific belief (...) designed to understand and insure social‐institutional conditions of the possibility of knowledge and its growth. A chief argument draws on work of Axelrod concerning the evolution of cooperation. (shrink)

Suppose that a decision-maker's aim, under certainty, is to maximise some continuous value, such as lifetime income or continuous social welfare. Can such a decision-maker rationally satisfy what has been called "continuity for easy cases" while at the same time satisfying what seems to be a widespread intuition against the full-blown continuity axiom of expected utility theory? In this note I argue that the answer is "no": given transitivity and a weak trade-off principle, continuity for easy cases violates the anti-continuity (...) intuition. I end the note by exploring an even weaker continuity condition that is consistent with the aforementioned intuition. (shrink)