In this article, responding to assertions that the principle of double effect has no place in legal analysis, I explore the overlap between double effect and negligence analysis. In both, questions of culpability arise in situations where a person acts with no intent to cause harm but where reasonable foreseeability of unintended harm exists. Under both analyses, the determination of whether such conduct is permissible involves a reasonability test that balances that foreseeable harm against the good intended by the actor's (...) conduct. In both, absent a finding that the foreseeable harm is unreasonable in light of that intended good, no liability will be imposed upon the actor. Even conceding, however, such general similarity between double effect and negligence analysis - disagreement over the proper interpretation of the reasonability criterion at play in negligence poses an additional challenge for the attempt to correlate negligence with double effect. Economic efficiency interpretations of negligence, for example, purportedly based on the Learned Hand Formula and the RESTATEMENT (SECOND) OF THE LAW OF TORTS, propose that culpability depends upon a utilitarian balancing of good effects of conduct (utility) versus its harmful foreseeable consequences (magnitude of risk of injury). Based on such an interpretation of negligence, however, contrasts between actors' states of mind, and normative differences between kinds of goods and harms, ultimately fade into the background and become irrelevant as essential conditions for properly assessing liability. This article elaborates and defends the view that double effect analysis lies at the heart of negligence theory. Part I elucidates in more detail the principle of double effect and describes its prima facie operation in negligence analysis. Part II considers and rejects the economic efficiency interpretation that has been offered as a theory of negligence, overcoming the challenge that such an interpretation presents for the effort to locate double effect analysis in the law. Part III illustrates and confirms the overlap between double effect and negligence by consideration of a series of case applications. The Article proposes that the weighing of conflicting values in double effect analysis and negligence is not achieved - as proposed by law and economics theory with respect to negligence - by imposing a consequentialist-utilitarian reduction of all value to a single concept of good and eliminating the relevance of traditional state of mind distinctions between intention and foreseeability. Instead, each mode of analysis recognizes that distinct culpability determinations flow naturally and plausibly from an appreciation of the traditional legal distinctions made between various types of goods and harms, and upon whether such goods and harms come about as result of an actor's intention or mere foreseeability. Keywords: Double effect, negligence, intention, foreseeability, choice, law and economics, utilitarianism, consequentialism, weighing of values. (shrink)

The project of “public reason” claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of “public reason,” in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to (...) pick out from the multitude of particularized accounts of what constitutes “civic order,” no “public reason” so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Abstract Footnotes (291) Beta -/- Revise My Submission -/- -/- One-Click Download | Share | Email | Add to Briefcase -/- Facebook | Twitter | Digg | Del.icio.us | CiteULike | Permalink Using the URL or DOI link below will ensure access to this page indefinitely -/- Based on your IP address, your paper is being delivered by: New York, USA Processing request. [Processing request.] Illinois, USA Processing request. [Processing request.] Brussels, Belgium Processing request. [Processing request.] Seoul, Korea Processing request. [Processing request.] California, USA Processing request. [Processing request.] -/- If you have any problems downloading this paper, please click on another Download Location above, or view our FAQ File name: SSRN-id1004757. ; Size: 424K -/- Sample Cover You will receive a black and white printed and perfect bound version of this document in 8 1/2 x 11 inch format, with glossy color front and back covers. Currently shipping to the US addresses only. Your order will be shipped within three business days. Quantity: Total Price = $0.50 plus shipping (U.S. Only) -/- If you have any problems with this purchase, please email [email protected] or call 1-585-442-8170. Reason's Freedom and the Dialectic of Ordered Liberty -/- Edward C. Lyons University of Notre Dame Law School -/- Cleveland State Law Review, Vol. 55, p. 157, 2007 -/- Abstract: The project of "public reason" claims to offer an epistemological resolution to the civic dilemma created by the clash of incompatible options for the rational exercise of freedom adopted by citizens in a diverse community. The present Article proposes, via consideration of a contrast between two classical accounts of dialectical reasoning, that the employment of "public reason," in substantive due process analysis, is unworkable in theory and contrary to more reflective Supreme Court precedent. Although logical commonalities might be available to pick out from the multitude of particularized accounts of what constitutes "civic order," no "public reason" so derived could adequately capture - and thus be able to secure in a practical sense - any single determinate civic order, much less one that would be consistent with all citizens' conceptions of public order. -/- Part I of this Article raises a number of issues for consideration relating to the epistemology of law and focuses especially on the concept of public reason and its critique. Part II addresses alternative approaches to legal reasoning suggested by classical accounts of practical reasoning and virtue theory and considers the operation of such legal analysis outside the area of substantive due process; Part III analyzes post-Lawrence case law confirming the dilemma created by the Supreme Court's ambiguous approaches to substantive due process and concludes that only one interpretation - that articulated fully in Washington v. Glucksberg and given lip service in Lawrence v. Texas - provides a method for resolving novel substantive due process challenges that is philosophically sound as well as historically coherent. -/- Rather than perpetuating a fiction that denies the propriety of lawmaking unless based on principles that all citizens can rationally agree upon, an appropriate model of substantive due process analysis recognizes that law must inevitably be based upon principles that cannot be agreed upon by all citizens in virtue of rationality alone. -/- Keywords: substantive due process, practical reason, public reason, Rawls, Casey, Lawrence, Glucksberg, Plato, Aristotle, Kant, Hegel, dialectic, autonomy, freedom -/- . (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by the (...) principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

I propose a framework for comparative Islamic—Western ethics in which the Islamic categories "Islam, Iman," and "Ihsan" are juxtaposed with the concepts of obligation, value, and virtue, respectively. I argue that "shari'a" refers to both the obligation component and the entire structure of the Islamic ethic; suggesting a suspension of the understanding of "shari'a" as simply Islamic "law," and an alternative understanding of "usul al-fiqh" as a moral epistemology of obligation. I will test this approach by addressing the question of (...) reason in Islamic moral epistemology via an examination of an argument advanced by a founding usul scholar Muhammad bin Idrīs al-Shāfi'ī (150 A.H./767 C.E.). (shrink)

This inquiry is addressed to two questions: (1) what if any logical relations might exist between the concepts of desire and action (as they and the distinctions to which they commit us are ensconced in ordinary parlance), and (2) what if any causal or significant non-causal (i.e., material) relations might ever exist between instances of desire and action? -/- It is held that any credible move to deal with such questions must initially, and at some length, specify the employment conditions (...) for the terms 'want' and 'desire'. This is accomplished in the first two chapters wherein a set of premises is generated for the argument of the inquiry which is presented in full and concluded in the third and final chapter. Premises generated devolve from treatment of the following major topics: (a) the grammar of 'want' and 'desire', (b) the ontological status of wants, (c) first-person and third-person want ascriptions, (d) the sorts of things which may be desired (desiderabilia), (e) wants and lacks, (f) wants and wishes, (g) the 'conflicts' of desires and reason and desire, (h) four major candidates for logical relations between wants and acts, (i) the issue of causation, and (j) the placement of Desire in an adequate ontology of persons. -/- It is argued that every major candidate for a logical relation between wants and acts (or our warrant for believing that such a connection exists) breaks down upon analysis; that little warrant exists for construing wants as causes of acts; that wants and acts are related in significant non-logical and non-causal (i.e., material) respects; and that any fully adequate theory of human action must undertake ontology, placing the category of Desire squarely in the foreground. This project represents neither a general theory of desire nor a general theory of human action. It is rather conceived as a propaedeutic to any such inquiry. It is essentially revisionist in intent, setting out on the one hand to challenge existing claims about wants and acts and, on the other hand, proposing a more satisfactory approach to the issue. In no sense is it suggested that recent Anglo-American contributions are without merit. It is rather argued that they are often inadequate contributions vis-a-vis the larger requirements for an adequate theory of human action. (shrink)

Abū Hāmid al-Ghazālī (1058–1111 c.e .) is well known, among other things, for his account, in al-Munqidh min al-ḍalāl (Deliverance from error), of a struggle with philosophical skepticism that bears a striking resemblance to that described by Descartes in the Meditations . This essay aims to give a close comparative analysis of these respective accounts, and will concentrate solely on the processes of invoking or entertaining doubt that al-Ghazālī and Descartes describe, respectively. In the process some subtle differences between them (...) in this regard will be brought to light that are relevant to the comparative issue of the respective solutions at which they arrive. The latter issue will not be touched upon here, although the present discussion is intended as a prelude to a future treatment of that topic. (shrink)

This paper contains a brief pastiche of analytic philosopher Carrie Ichikawa Jenkins, responding to the sociological theories of Pierre Bourdieu.

This paper examines the debate between Marilyn Strathern and I.C. Jarvie. Writing in 1987, Strathern argues that the time is ripe for reincorporating Sir James Frazer. Jarvie thinks Strathern does so in a way that treats revolutions in anthropology as not involving scientific progress. There is a familiar defence against this charge while pursuing the same, or much the same, line of argument.

I present an answer to the title question which relates Russell’s writings to a remark by C.D. Broad. Russell shared the same concerns as Broad about the new postgraduate students at the University of Cambridge but instead of voicing them, his writings left a problem.

This article critically examines the positions taken by Stephen E. Toulmin, Robert C. Coburn, and and Gordon D. Kaufman on existential experience and limiting questions and answers.

Edward Feser defends the ‘Aristotelian proof’ for the existence of God, which reasons that the only adequate explanation of the existence of change is in terms of an unchangeable, purely actual being. His argument, however, relies on the falsity of the Existential Inertia Thesis, according to which concrete objects tend to persist in existence without requiring an existential sustaining cause. In this article, I first characterize the dialectical context of Feser’s Aristotelian proof, paying special attention to EIT and its (...) rival thesis—the Existential Expiration Thesis. Next, I provide a more precise characterization of EIT, after which I outline two metaphysical accounts of existential inertia. I then develop new lines of reasoning in favor of EIT that appeal to the theoretical virtues of explanatory power and simplicity. Finally, I address the predominant criticisms of EIT in the literature. (shrink)

What explains change? Edward Feser argues in his ‘Aristotelian proof’ that the only adequate answer to these questions is ultimately in terms of an unchangeable, purely actual being. In this paper, I target the cogency of Feser’s reasoning to such an answer. In particular, I present novel paths of criticism—both undercutting and rebutting—against one of Feser’s central premises. I then argue that Feser’s inference that the unactualized actualizer lacks any potentialities contains a number of non-sequiturs.

This is an excellent though largely uncritical introduction to, and defence of, Robert Nozick‟s Anarchy, State and Utopia (New York: Basic Books, 1974). It is also quite a good introduction to libertarianism. It is full of good arguments. I shall confine myself to critical remarks. My responses are mainly in the order that matters arise in the book.

Os projetos de psicologia científica enfrentam pelo menos duas ameaças. A primeira delas surge quando uma proposta de psicologia tenta seguir os cânones da ciência moderna. Nesse caso, torna-se necessário "objetivar o fenômeno psicológico", o que, geralmente, é feito por meio da sua tradução em termos fisiológicos. Mas, nesse ponto, a especificidade da psicologia é ameaçada pelo reducionismo fisiológico. A segunda ameaça aparece quando um projeto de psicologia tenta evitar o reducionismo fisiológico defendendo a natureza subjetiva irredutível do fenômeno psicológico. (...) No entanto, isso coloca uma série de dificuldades metodológicas. Dessa maneira, a segunda ameaça às propostas de psicologia científica é o mentalismo, que impõe limitações ao emprego do método científico. O presente ensaio tem o objetivo de mostrar como o projeto de psicologia científica de Tolman pode ser visto como uma alternativa a essas duas ameaças. Em primeiro lugar, examinamos em que medida a concepção de comportamento como fenômeno molar afasta Tolman do reducionismo fisiológico. Em seguida, analisamos algumas dificuldades decorrentes dessa proposta, em especial, as limitações inerentes à epistemologia realista - adotada inicialmente por Tolman. Por fim, apresentamos a proposta tolmaniana de superação dessas dificuldades: trata-se da analogia entre teorias científicas e mapas, que revela a adoção de uma epistemologia instrumentalista por Tolman. (shrink)

Timelines is an inquiry into the nature of time, both as an apparent feature of the external physical world and as a fundamental feature of our experience of ourselves in the world. The principal argument of Timelines is that our coventional ideas about time are largely mistaken and that what we think of as independent physical time is actually our calibration of a certain relation between events. Namely, the relation between time-keeping events and the causal sequential differences of physical processes (...) which are real and independent of us. (shrink)

In The Case for Animal Rights, Tom Regan argues that although all subjects-of-a-life have equal inherent value, there are often differences in the value of lives. According to Regan, lives that have the highest value are lives which have more possible sources of satisfaction. Regan claims that the highest source of satisfaction, which is available to only rational beings, is the satisfaction associated with thinking impartially about moral choices. Since rational beings can bring impartial reasons to bear on decision making, (...) Regan maintains that they have an additional possible source of satisfaction that nonrational beings do not have and, consequently, the lives of rational beings turn out to have greater value.. (shrink)

Because factory-farmed meat production inflicts gratuitous suffering upon animals and wreaks havoc on the environment, there are morally compelling reasons to become vegetarian. Yet industrial plant agriculture causes the death of many field animals, and this leads some to question whether consumers ought to get some of their protein from certain kinds of non factory-farmed meat. Donald Bruckner, for instance, boldly argues that the harm principle implies an obligation to collect and consume roadkill and that strict vegetarianism is thus immoral. (...) But this argument works only if the following claims are true: all humans have access to roadkill, roadkill would go to waste if those who happen upon it don’t themselves consume it, it’s impossible to harvest vegetables without killing animals, the animals who are killed in plant production are all-things-considered harmed by crop farming, and the best arguments for vegetarianism all endorse the harm principle. As I will argue in this paper, each claim is deeply problematic. Consequently, in most cases, humans ought to strictly eat plants and save the roadkill for cats. (shrink)

[The version of this paper published by Oxford online in 2019 was not copy-edited and has some sense-obscuring typos. I have posted a corrected (but not the final published) version on this site. The version published in print in 2020 has these corrections.] Which is more fundamental, assertion or testimony? Should we understand assertion as basic, treating testimony as what you get when you add an interpersonal addressee? Or should we understand testimony as basic, treating mere assertion -- assertion without (...) testimony -- as what you get when you subtract that interpersonal relation? In this chapter, I’ll argue for the subtractive approach and for the more general thesis that its treatment of the interpersonal element in assertion makes understanding that interpersonal element the key to understanding how assertion expresses belief. My theory of belief-expression in assertion treats it as internalizing the transmission of belief in testimony. How we understand that internalizing move depends on how we conceptualize the interpersonal element in testimony. Since what I’ll call the Command Model does not give us the conceptual resources to make this move, we should adopt an alternative that I’ll call the Custodial Model, on which a testifier aims not to convince her addressee but to reason with him – to give him reasons to believe what she tells him grounded in her trustworthiness in thus attempting to influence him. The subtractive approach to assertion thus rests on a key distinction between the aims of reasoning and persuasion. (shrink)

Plotinus’ famous treatise against the Gnostics (33), together with contemporary and thematically related treatises on Intelligible Beauty (31), on Number (34), and on Free Will and the Will of the One (39), can be seen as providing the essential components of a Plotinian defense of polytheism against conceptual moves that, while associated for him primarily with Gnostic sectarians overlapping with Platonic philosophical circles, will become typical of monotheism in its era of hegemony. When Plotinus’ Gnostics ‘contract’ divinity into a single (...) God, they not only devalue the cosmos for its multiplicity and diversity, but also multiply intelligible principles unreasonably. This is because they have foreclosed the distinction, which is to become increasingly explicit in the later antique Platonists, between the intelligible and that which is given existentially, the domain belonging to Plotinus’ indeterminate multiplicity of ‘intelligible Gods’, as opposed to the dialectically determinate number of intelligible principles. Plotinus is prescient in recognizing that incipient monotheism threatens to erase the distinction between philosophy and theology, and between both of these and psychology, the final outcome of which can only be solipsism or nihilism. The defense of polytheism is seen in this fashion to be essential to the preservation of the space for philosophical discourse. (shrink)

In the paper, certain rational postulates for protocols describing real communicating are introduced.These rational postulates, on the one hand, allow assigning a certain typology of real systems of interactions, which is consistent with the reality of epistemic argumentation in systems of communicating, and on the other one – defining rules of using argumentation in real situations. Moreover, the presented postulates for protocols characterize information networks and administering knowledge in real interactivity systems. Due to the epistemic character of the considerations, the (...) problem undertaken in the paper concerns working out fundamental assumptions that refer to building of epistemic logics. They allow establishing the correctness of the discourse defined by rational postulates of protocols of real communication. In the context of the presented problem there are the following two research questions distinguished: 1) How do we determine the rule of building of real dynamic epistemic logics? and 2) How should we define semantics for these logics? Within the framework of considerations relating to the research questions asked, certain epistemic operators, relativized to types of communicating, are introduced. Basic logical relations between using these operators are established for these operators. The relations are presented by a diagram called the square of epis temic operators. On the basis of these logical relations some axioms for real dynamic epistemic logics are presented. The semantics of real dynamic epistem ic logics is extended by the methods of lower and upper approximation of formula evaluating. This allows defining ‘approximation Kripke models’. The results of conceptualization of knowledge on real premises of epistemic argum entation presented in this paper can be applied to rhetoric in real systems of interaction. (shrink)

In this reading of the Euthyphro, Socrates and Euthyphro are seen less in a primordial conflict between reason and devotion, than as sincere Hellenic polytheists engaged in an inquiry based upon a common intuition that, in addition to the irreducible agency of the Gods, there is also some irreducible intelligible content to holiness. This reading is supported by the fact that Euthyphro does not claim the authority of revelation for his decision to prosecute his father, but rather submits it to (...) elenchus, and that Euthyphro does not embrace the ‘solution’ of theological voluntarism when Socrates explicitly offers it. Since the goal of this inquiry is neither to eliminate the noetic content of the holy, nor to eliminate the Gods’ agency, the purpose of the elenchus becomes the effort to articulate the results of this productive tension between the Gods and the intelligible on the several planes of Being implied by each conception of the holy which is successively taken up and dialectically overturned to yield the conception appropriate to the next higher plane, a style of interpretation characteristic of the ancient Neoplatonists. (shrink)

In a world befuddled by the concept of ‘fake news’, where words like ‘post-truth’ are common parlance, it is essential that we consider exactly what we think we know, what we do not and how we come to acquire such knowledge. The analysis of truth should come from an unbiased perspective and be critical of the various shibboleths that we take to heart. Appearance and Inference aims to identify the nonsense in as many knowledge-related platitudes or false assumptions as possible (...) in just over a hundred pages. Intentionally short and aphoristic, Appearance and Inference will undoubtedly provoke debate, whether or not its readers have previously considered the nature of knowledge. It is also expected to excite its academically astute readers to develop some of the analyses further. It aims to encourage the reader to think through a number of difficult matters and to exercise their own judgment, instead of supplying answers in a pre-packaged form. Inspired by the aphoristic philosophical style of philosophers such as Wittgenstein and Nietzsche, this is a book on the theory of knowledge, written by a philosopher who has had the benefit of a scientific and forensic training. It is designed for both the professional philosopher and the general reader. (shrink)

The essay explores the systematic relationship in the work of Giordano Bruno (1548-1600) between his monadology, his metaphysics as presented in works such as De la causa, principio et uno, the mythopoeic cosmology of Lo spaccio de la bestia trionfante, and practical works like De vinculis in genere. Bruno subverts the conceptual regime of the Aristotelian substantial forms and its accompanying cosmology with a metaphysics of individuality that privileges individual unity (singularity) over formal unity and particulars over substantial forms without (...) sacrificing a metaphysical perspective on the cosmos. The particular is individuated as a unique site of desire, continually transforming but able to entrain itself and others through phantasmatic ‘bonding’, the new source of regularity in Bruno’s polycentric universe. Bruno thus tries to do justice to the demands of intelligibility as well as transformative eros. The essay concludes with a note on Bruno’s geometry as it relates to his general conception of form. (shrink)

According to the iterative conception of set, each set is a collection of sets formed prior to it. The notion of priority here plays an essential role in explanations of why contradiction-inducing sets, such as the Russell set, do not exist. Consequently, these explanations are successful only to the extent that a satisfactory priority relation is made out. I argue that attempts to do this have fallen short: understanding priority in a straightforwardly constructivist sense threatens the coherence of the empty (...) set and raises serious epistemological concerns; but the leading realist interpretations---ontological and modal interpretations of priority---are deeply problematic as well. I conclude that the purported explanatory virtues of the iterative conception are, at present, unfounded. (shrink)

Continuing the systematic henadological interpretation of Proclus' Platonic Theology begun in "The Intelligible Gods in the Platonic Theology of Proclus" (Methexis 21, 2008, pp. 131-143), the present article treats of the basic characteristics of intelligible-intellective (or noetico-noeric) multiplicity and its roots in henadic individuality. Intelligible-intellective multiplicity (the hypostasis of Life) is at once a universal organization of Being in its own right, and also transitional between the polycentric henadic manifold, in which each individual is immediately productive of absolute Being, and (...) the formal intellective organization, which is monocentrically and diacritically disposed. Intelligible-intellective multiplicity is generated from the dyadic relationship of henads to their power(s), the phase of henadic individuality expressed in the second intelligible triad, and is mediated, unlike the polycentric manifold, but not by identity and difference, like the intellective organization. Instead, the hypostasis of Life is constituted by ideal motility and spatiality, figural dispositions, and the intersubjective relations depicted in the divine symposium of Plato's Phaedrus. (shrink)

This is a sketch of the basis and role of consciousness and the minimally required elements and constraints of any setting that may produce consciousness. It proposes that consciousness (as we know it) is a biologically-mediated product of evolved recursive and hierarchically nested representational systems that obey information theoretic principles and Bayesian (probabilistic) feedback and feedforward predictive modeling processes.

Completing the systematic henadological interpretation of Proclus' Platonic Theology begun in "The Intelligible Gods in the Platonic Theology of Proclus" (Méthexis 21, 2008, pp. 131-143) and "The Second Intelligible Triad and the Intelligible-Intellective Gods" (Methexis 23, 2010, pp. 137-157), the present article concerns the conditions of the emergence of fully mediated, diacritical multiplicity out of the polycentric henadic manifold. The product of the activity of the intellective Gods (that is, the product of the intellective activity of Gods as such), in (...) resolving the contradiction between existential uniqueness and universalizable potencies in the divine natures, also grounds the human exercise of phi- losophical cognition in the founding self-analysis of divine individuals. (shrink)

The article investigates the treatment of modality in chapters 12 and 13 of De Interpretatione and gives a new interpretation of the puzzling table of modals to be found at the beginning of chapter 13, as well as dealing with some of Aristotle’s puzzles. This is achieved by extending Aristotle’s distinction between two senses of possibility, which (following Ackrill) I call ‘one-sided’ and ‘two-sided’, to the two notions of necessity and impossibility. The conclusion is reached that, while the two notions (...) of necessity and impossibility are logically incompatible when both are taken as one-sided, in their two-sided senses they are in fact equivalent. (shrink)

Can a reason to believe testimony derive from the addressee’s trust itself or only from reliability in the speaker that the trust perhaps causes? I aim to cast suspicion on the former view, defended by Faulkner, in favor of the latter – despite agreeing with Faulkner’s emphasis on the second-personal normativity of testimonial assurance. Beyond my narrow disagreement with Faulkner lie two broader issues. I argue that Faulkner misappropriates Bernard Williams’s genealogy of testimony when he makes use of Williams’s genealogical (...) argument in his own preferred assurance view of testimony. Though Williams doesn’t clearly articulate it, there is a deep reason why Williams’s genealogy cannot underwrite an argument for trust-based testimonial reasons. Can a genealogical argument underwrite any version of the assurance view? I sketch an assurance view of testimonial reasons that rejects Faulkner’s thesis that such reasons could be grounded in trust. Then I examine what it would take for that assurance view to receive genealogical vindication. (shrink)

This is a conjecture about the conditions and operating structures that are required for the phenomenality of certain mental states. Specifically, full-blown phenomenality is assumed, as contrasted with constrained examples of phenomenal experience such as sensations of color and pain. Propositional attitudes and content, while not phenomenal per se, are standardly concurrent and may condition phenomenal states (e.g., when tied to false beliefs). It is conjectured that full phenomenality natively arises in coherent processes of situated sensory synthesis and representation (with (...) conceptual content) that are looped, mereologically whole and multi-dimensional. And that phenomenal states are typically phase-states within a parameterized conjoint structure of world and experiencer processes that are causally modulated across Markov blankets (which are conditionally independent and may be nested: cf. M. Kirchoff, et. al., 2017, 2018; and T. Burge, 2010, re: anti-individualism). Though they may, it is not accepted that phenomenally conscious states must be targets of higher-order representations (cf. A. Byrne, 2004). (shrink)

This paper treats two questions about the relation between trust and the will. One question, about trust, is whether you can trust ‘at will.’ Can you trust despite acknowledging that you lack evidence of the trustee’s worthiness of your trust? Another question, about the will, is whether you can exercise your will at all without trust – at least, in yourself. I treat the second question as a guide to the first, arguing that the role of trust in the will (...) reveals how you can trust at will. The key lies in distinguishing two ways of being responsive to evidence. On the one hand, you cannot trust someone – whether another person or your own earlier self – whom you judge unworthy of your trust. On the other hand, trust does not require a positive assessment of trustworthiness. I thus take issue with Pamela Hieronymi’s analysis of trust as a “commitment-constituted attitude.” Your trust is indeed constrained by your responsiveness to evidence of untrustworthiness, but you need undertake no commitment akin to or involving a judgment that the trustee is trustworthy. We can see why trust is not a commitment-constituted attitude by seeing how trust itself plays a role in forming a commitment. (shrink)

Perceptual experience is often said to be transparent; that is, when we have a perceptual experience we seem to be aware of properties of the objects around us, and never seem to be aware of properties of the experience itself. This is a introspective fact. It is also often said that we can infer a metaphysical fact from this introspective fact, e.g. a fact about the nature of perceptual experience. A transparency theory fills in the details for these two facts, (...) and bridges the gap between them. We have three aims: to scrutinize Michael Tye’s transparency theory :137–151, 2002; Consciousness revisited: materialism without phenomenal concepts, MIT Press, Cambridge, 2009; Philos Stud 170:39–57, 2014a), introduce a new transparency theory, and advance a meta-theoretical hypothesis about the interest, and import, of transparency theories. (shrink)

Among the most popular strategies for justifying political obligations are those that appeal to the principle of fairness. These theories face the challenge, canonically articulated by Robert Nozick, of explaining how it is that persons are obligated to schemes when they receive goods that they do not ask for but cannot reject. John Simmons offers one defense of the principle of fairness, arguing that people could be bound by obligations of fairness if they voluntarily accept goods produced by a cooperative (...) scheme. Simmons, however, thinks that such a theory will do little work in justifying political obligations, since virtually no one voluntarily accepts state goods. This paper attempts to advance just such a theory by arguing that states are in fact genuine cooperative schemes and that Simmons is overly pessimistic in his appraisal of whether the majority of citizens accept the goods provided by their states. (shrink)

This dissertation seeks to demonstrate that Proclus articulates a metaphysics not merely compatible with his polytheism, but to which in fact polytheism is integral. For Proclus the One Itself, which according to the First Hypothesis of the Parmenides neither is, nor is one, is instead as each henad, that is, as each God. The henads or Gods thus form a multiplicity unlike any other. Ontic multiplicities always exhibit mediation, in accord with a logic subordinating the many to the one. Correlatively, (...) ontic unity is formal unity, structured by a logic of wholes and parts. These are the dominant characteristics of the realm of Being. The huperousios, or "supra-essential" domain of the Gods, by contrast, is that of a multiplicity of absolute individuals with no totalizing principle over them and no reciprocal relations between them, insofar as either of these would diminish that quality which they pre-eminently possess, namely unity. The supreme form of unity in Proclus' universe, therefore, is the individuality possessed by each absolutely unique God. Chapters 1--4 are concerned with elucidating the nature of the Gods as such. ;The last three chapters provide a close reading of the third, fourth and fifth books of Proclus' Platonic Theology, which I read as an account of the emergence of ontic unity out of henadic unity through the Gods' progressive self-diremption by which a space of mediation is constituted through which they come ultimately to be conceivable as a multiplicity like any other. The key stages in this process are the ontic hypostases of Being, Life and Intellect. The first represents the analysis of the "elements" of each God as such; the second represents the positing of the Gods in co-emergent groupings or pantheons; the third the emergence of fully reciprocal relations in the actions of mythic narrative. At the end of this cosmogonic process, the basic intellectual structures have been constituted which allow the formulation of the philosophical system. The relationship between the Gods and Being is thus embodied in that between myth and dialectic, theology and philosophy. (shrink)

This essay explores the possibility of constructing a structural realist interpretation of spacetime theories that can resolve the ontological debate between substantivalists and relationists. Drawing on various structuralist approaches in the philosophy of mathematics, as well as on the theoretical complexities of general relativity, our investigation will reveal that a structuralist approach can be beneficial to the spacetime theorist as a means of deflating some of the ontological disputes regarding similarly structured spacetimes.

It is tempting to interpret Marilyn Strathern as saying that the concept of nature is a social construction, because in her essay “No Nature, No Culture: the Hagen Case” she tells us that the Hagen people do not describe the world using this concept. However, I point out an obstacle to interpreting her in this way, an obstacle which leads me to reject this interpretation. Interpreting her in this way makes her inconsistent. The inconsistency is owing to a commitment that (...) she shares with previous British anthropologists, a commitment which points to an incompatibility between two intellectual traditions. (shrink)

This essay examines Hobbes’ philosophy of space, with emphasis placed on the variety of interpretations that his concept of imaginary space has elicited from commentators. The process by which the idea of space is acquired from experience, as well as the role of nominalism, will be offered as important factors in tracking down the elusive content of Hobbes’ conception of imaginary space.

This paper examines Descartes' problematic relational theory of motion, especially when viewed within the context of his dynamics, the Cartesian natural laws. The work of various commentators on Cartesian motion is also surveyed, with particular emphasis placed upon the recent important texts of Garber and Des Chene. In contrast to the methodology of most previous interpretations, however, this essay employs a modern "spacetime" approach to the problem. By this means, the role of dynamics in Descartes' theory, which has often been (...) neglected in favor of kinematic factors, is shown to be central to finding a solution to the puzzle of Cartesian motion. (shrink)

How far, if at all, do our intrapersonal and our interpersonal epistemic obligations run in parallel? This paper treats the question as addressing the stability of doxastic commitment in the two dimensions. In the background lies an analogy between doxastic and practical commitment. We’ll pursue the question of doxastic stability by coining a doxastic analogue of Gregory Kavka’s much-discussed toxin case. In this new case, you foresee that you will rationally abandon a doxastic commitment by undergoing a shift in the (...) context in which you doxastically deliberate. The case reveals an important stability condition on doxastic commitment that plays no role in cases modeled on Ulysses and the Sirens, the scenario that has shaped previous attempts to draw an analogy between doxastic and practical commitment. The stability condition thereby revealed is not diachronic -- it does not involve a shift in belief -- but we can construct specifically diachronic cases that reveal an important intrapersonal epistemic obligation. This obligation arises when you expect the shift in belief by ‘projecting’ yourself into a future doxastic context -- thus vindicating a restricted, but only this restricted, application of Bas van Fraassen’s Reflection Principle. Despite some important differences, we can use these diachronic cases as a model for interpersonal cases that reveal an important role for doxastic context in the epistemology of disagreement. But the roles played by projection and context in disagreement ensure that there is no general obligation to be responsive to the opinion of an epistemic peer who disagrees with you. (shrink)

Very little attention has been paid towards examining John Rawls’s liberal principle of legitimacy as a self-standing theory. Nevertheless, it offers a highly original way of thinking about state legitimacy. In this paper, I will offer a sketch of what such an account might look like. At its heart is the idea that the legitimacy of the state resides not in the consent of the governed, nor in the state’s conformity with the appropriate principles of justice, but rather in citizens’ (...) endorsement of the state and its underlying constitutional principles on the basis of their own comprehensive conceptions of justice. Such an account offers a stable middle ground between popular alternatives, and has a way of not just solving, but dissolving, the problem of legitimacy. (shrink)

Practical commitment is Janus-faced, looking outward toward the expectations it creates and inward toward their basis in the agent’s will. This paper criticizes Kantian attempts to link these facets and proposes an alternative. Contra David Velleman, the availability of a conspiratorial perspective (not yours, not your interlocutor’s) is what allows you to understand yourself as making a lying promise – as committing yourself ‘outwardly’ with the deceptive reasoning that Velleman argues cannot provide a basis for self-understanding. Moreover, the intrapersonal availability (...) of such a third perspective is what enables you to commit yourself ‘inwardly.’ Here I offer an alternative to Christine Korsgaard’s account of practical commitment, on which committing yourself requires identifying yourself with a principle. You needn’t identify yourself with a principle, I argue, because the unity at which you aim when you commit yourself is a unity not with your acting self but with a later perspective, where the relation is one of self-intelligibility, not self-justification, and therefore needn’t be mediated by principles. This ‘twice-future’ perspective – neither your present intending nor your (once-)future acting but a third perspective that looks back on that relation – plays the intrapersonal role played in interpersonal commitment by potential co-conspirators. Kantians are therefore right to link your ability to commit yourself with your ability credibly to express that commitment to others. But the linkage generates a strikingly unKantian result. The nature of agency cannot provide an apriori basis for honesty because what enables you to commit yourself is what also enables you to lie. (shrink)

If by “demon” one understands an evil occult being, then its equivalent in the Islamic narrative is the intersection of the category jinn with that of the shayātīn: a demon is a shaytān from among the jinn. The literature in the Islamic tradition on these subjects is vast. In what follows, we will select some key elements from it to provide a brief summary: first on the nature of the jinn, their nature, and their relationship to God and human beings; (...) second, on the origin, nature, and role of Shaytān (Satan himself) and the shayātīn in the moral drama of Islam. Then, we will take a closer look at the relationship between jinn and humankind, according to Islam, and the phenomena of the demonic as it manifests itself in that relation. In the process, I will entertain, tentatively, some philosophical speculation as to the nature of that ultimately mysterious relation and phenomena, drawn from what we find in the religious sources. (shrink)