[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)

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)

What is so special and mysterious about the Continuum, this ancient, always topical, and alongside the concept of integers, most intuitively transparent and omnipresent conceptual and formal medium for mathematical constructions and the battle field of mathematical inquiries ? And why it resists the century long siege by best mathematical minds of all times committed to penetrate once and for all its set-theoretical enigma ? -/- The double-edged purpose of the present study is to save from the transfinite deadlock of (...) higher set theory the jewel of mathematical Continuum -- this genuine, even if mostly forgotten today raison d'etre of all set-theoretical enterprises to Infinity and beyond, from Georg Cantor to W. Hugh Woodin to Buzz Lightyear, by simultaneously exhibiting the limits and pitfalls of all old and new reductionist foundational approaches to mathematical truth: be it Cantor's or post-Cantorian Idealism, Brouwer's or post-Brouwerian Constructivism, Hilbert's or post-Hilbertian Formalism, Goedel's or post-Goedelian Platonism. -/- In the spirit of Zeno's paradoxes, but with the enormous historical advantage of hindsight, we claim that Cantor's set-theoretical methodology, powerful and reach in proof-theoretic and similar applications as it might be, is inherently limited by its epistemological framework of transfinite local causality, and neither can be held accountable for the properties of the Continuum already acquired through geometrical, analytical, and arithmetical studies, nor can it be used for an adequate, conceptually sensible, operationally workable, and axiomatically sustainable re-creation of the Continuum. -/- From a strictly mathematical point of view, this intrinsic limitation of the constative and explicative power of higher set theory finds its explanation in the identified in this study ultimate phenomenological obstacle to Cantor's transfinite construction, similar to topological obstacles in homotopy theory and theoretical physics: the entanglement capacity of the mathematical Continuum. (shrink)

This essay examines theoretical arguments surrounding the use of post-colonial theory as a way to fill in the epistemological lacuna in the studies of post-socialism. It reviews the various streams of this theoretical development and employs Edward Said’s notion of “traveling theory” to demonstrate that theoretical claims made by proponents and opponents of this particular comparative perspective are historically, socially, and geographically situated, although not fixed. Disciplinary, national, and institutional affiliations, instead of theoretical justifications, are identified as important factors (...) in the propensity to accept or resist the introduction of post-colonial perspective on Central and Eastern Europe and the former Soviet Union. The essay concludes by acknowledging the potential usefulness as well as the limits of post-colonialism in the conceptualization of the post- socialist space. (shrink)

This article brings to the forefront Timothy Brennan’s emphasis on Edward Said’s engagement with philosophy. An attempt is made to reconstruct some of Brennan’s claims about Said’s views on the relationship between mental representations and the external world. It is shown that Said rejected naïve or direct realism in favor of representationalism. It is also argued that, despite being seen as a post-modern thinker, Said subscribed to a version of the correspondence theory of truth. Said embraced some form of (...) standpoint epistemology, but he did not think that this had any direct bearing on how we should think about what makes a given claim true. Finally, an attempt is made to understand the relationship between Said’s project and the classical Marxist project of ideology critique, as well as contemporary attempts to develop an epistemology of ignorance. (shrink)

There is a long-running debate as to whether privacy is a matter of control or access. This has become more important following revelations made by Edward Snowden in 2013 regarding the collection of vast swathes of data from the Internet by signals intelligence agencies such as NSA and GCHQ. The nature of this collection is such that if the control account is correct then there has been a significant invasion of people's privacy. If, though, the access account is correct (...) then there has not been an invasion of privacy on the scale suggested by the control account. I argue that the control account of privacy is mistaken. However, the consequences of this are not that the seizing control of personal information is unproblematic. I argue that the control account, while mistaken, seems plausible for two reasons. The first is that a loss of control over my information entails harm to the rights and interests that privacy protects. The second is that a loss of control over my information increases the risk that my information will be accessed and that my privacy will be violated. Seizing control of another's information is therefore harmful, even though it may not entail a violation of privacy. Indeed, seizing control of another's information may be more harmful than actually violating their privacy. (shrink)

A review of Francoise Laruelle's General Theory of Victims, which places Laruelle's theory in the context of post-colonial theories of the subaltern subject after Gayatri Spivak and Edward Said. The review questions whether Laruelle's General Theory of Victims really allows the so-called victims to speak for themselves, or simply represents another attempt by Western (French?) intellectuals to speak to/through the victims, for their own political and theoretical purposes.

Today’s globalization induces a discourse of cosmopolitanism and mixing of cultures that might give the impression of a serene and respectful cohabitation of societies. But behind the surface, power dynamics are still at play, and western ideology prevails. More than three decades ago, Palestinian-American literary theoretician Edward Saïd concluded his masterpiece of historical scholarship, Orientalism (1978), with a vibrant political message: Orientalism is not dead; it is still operating in the minds and habits of populations across the world. How (...) can we exhaust it? One way would be to explore its potentially earliest roots, in order to deconstruct its deepest assumptions. Herodotus, the 5th century BCE Greek scholar, could be the ideal candidate, as the first historian of western tradition, and as a citizen of the imperialist look-alike powerful Greece of the Classical Period. This paper evaluates whether Herodotus could be seen as the first Orientalist. Acknowledging convincing evidences gathered from his accounts, and from later commentaries, the paper suggests a more moderate hypothesis. (shrink)

This paper distinguishes three concepts of "race": bio-genomic cluster/race, biological race, and social race. We map out realism, antirealism, and conventionalism about each of these, in three important historical episodes: Frank Livingstone and Theodosius Dobzhansky in 1962, A.W.F. Edwards' 2003 response to Lewontin (1972), and contemporary discourse. Semantics is especially crucial to the first episode, while normativity is central to the second. Upon inspection, each episode also reveals a variety of commitments to the metaphysics of race. We conclude by interrogating (...) the relevance of these scientific discussions for political positions and a post-racial future. (shrink)

In January 2024, non-consensual deepfakes came to public attention with the spread of AI generated sexually abusive images of Taylor Swift. Although this brought new found energy to the debate on what some call non-consensual synthetic intimate images (i.e. images that use technology such as AI or photoshop to make sexual images of a person without their consent), female celebrities like Swift have had deepfakes like these made of them for years. In 2017, a Reddit user named “deepfakes” posted several (...) videos in which he had used opensource machine learning tools to swap the faces of female celebrities on to the faces of female porn actors, displaying what appeared to be live video footage of the celebrity engaging in sex acts she never engaged in. Since that time, deepfake technology has advanced astronomically. What once were choppy sexualized videos are now nearly flawless videos that can be difficult to distinguish from a real video. According to recent research on deepfakes by Sensity AI, this technology has been used primarily on women to create sexual videos. These women’s sexual autonomy has been co-opted for the purposed of gratifying men’s sexual pleasure, but have also been used in campaigns to delegitimize and humiliate female journalists and politicians. In Canada, civil and criminal legislation has addressed the non-consensual distribution of intimate images, but in only a few provinces – British Columbia, New Brunswick, Prince Edward Island and Saskatchewan – does this offence include altered images that could include deepfakes. This paper explores the evolution of synthetic technology such as AI image generators and Canada’s legal responses to the non-consensual sharing of intimate images. (shrink)

An interview with Ed Casey where we discuss the intersections of his philosophical work with current political issues, including the Israel-Palestine conflict.

Jeanette Edwards did fieldwork in the English town of Bacup. Why do fieldwork there? She writes that she is often asked this, whereas the question is unlikely to be asked of an anthropologist who does fieldwork in Papua New Guinea, because it is “axiomatically” an acceptable place for fieldwork. I present two responses to Edwards’ thinking, one of which concerns an asymmetry in how “skeptics” present their questions.

This is an essay in the form of a concept-map plus explanatory notes. It outlines the path followed by Information from Noumena to Knowledge. The viewpoint is strictly Physicalist. Thus, for example, a priori concepts reach us via DNA which chemically embodies critical a posteori concepts developed as a result of the experience and survival of previous generations. In a similar vein, Intelligence, also inherited via DNA, consists of strategies of data reduction which maximize the data handling abilities of the (...) brain. (shrink)

In his Edifying Discourses, Soren Kierkegaard published a sermon entitled ‘The Unchangeableness of God’ in which he reiterated the dogma which dominated Catholic, Protestant and even Jewish expressions of classical supernaturalist theology from the first century A.D. until the advent of process theology in the twentieth century. The dogma that as a perfect being, God must be totally unchanging in every conceivable respect was expressed by Kierkegaard in such ways as: He changes all, Himself unchanged. When everything seems stable and (...) in the overturn of all things, He remains equally unchanged; no change touches Him, not even the shadow of a change; in unaltered clearness He, the father of lights, remained eternally unchanged. 1. (shrink)

This paper presents folk impressions of the University of Manchester’s difficulties in becoming a great university, but by means of a fiction imitating a distinguished writer from the Indian subcontinent. The impressions concern past efforts and the difficulties they faced.

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)

In her book on the English village of Elmdon, the anthropologist Marilyn Strathern identifies an assumption made by villagers: that much as Elmdon has a set of real Elmdon families, long associated with the place, so other villages also have their real families. I present an argument in favour of the assumption; the argument is an informal model.

Comparativism is the view that comparative confidences (e.g., being more confident that P than that Q) are more fundamental than degrees of belief (e.g., believing that P with some strength x). In this paper, I outline the basis for a new, non-probabilistic version of comparativism inspired by a suggestion made by Frank Ramsey in `Probability and Partial Belief'. I show how, and to what extent, `Ramseyan comparativism' might be used to weaken the (unrealistically strong) probabilistic coherence conditions that comparativism traditionally (...) relies on. (shrink)

A review of some major topics of debate in normative decision theory from circa 2007 to 2019. Topics discussed include the ongoing debate between causal and evidential decision theory, decision instability, risk-weighted expected utility theory, decision-making with incomplete preferences, and decision-making with imprecise credences.

Possible worlds models of belief have difficulties accounting for unawareness, the inability to entertain (and hence believe) certain propositions. Accommodating unawareness is important for adequately modelling epistemic states, and representing the informational content to which agents have in principle access given their explicit beliefs. In this paper, I develop a model of explicit belief, awareness, and informational content, along with an sound and complete axiomatisation. I furthermore defend the model against the seminal impossibility result of Dekel, Lipman and Rustichini, according (...) to which three intuitive conditions preclude non-trivial unawareness on any possible worlds model of belief. (shrink)

Are the leading members of different fields comparable in their achievements? Is the A-grade painter (or A* if that is your top grade) somehow equivalent to the A-grade boxer, say? I would like to think so, but there is a problematic piece of data for me, though there is a philosophical question of why it is problematic: I find some brief remarks from a certain painter as funny as the jokes of leading comedians. In the appendix, I cast doubt on (...) my characterization of Salvador Dali’s humour as not trading on English language ambiguity. (shrink)

In this paper, I present a little puzzle to do with a book of prefaces.

ABSTRACT According to comparativism, comparative confidence is more fundamental than absolute confidence. In two recent AJP papers, Stefánsson has argued that comparativism is capable of explaining interpersonal confidence comparisons. In this paper, I will argue that Stefansson’s proposed explanation is inadequate; that we have good reasons to think that comparativism cannot handle interpersonal comparisons; and that the best explanation of interpersonal comparisons requires thinking about confidence in a fundamentally different way than that which comparativists propose: specifically, we should think of (...) confidence as a dimensionless quantity. (shrink)

A textbook by Norwegian anthropologist Thomas Hylland Eriksen tells us that Gregory Bateson criticized the use of the term ‘function’ in social anthropology on the following grounds: it has no place outside of mathematics. But consulting the Bateson text referred to, he does not say that in his section on function and even endorses certain uses of the term “function” in anthropology. I look into these and his criticisms of functionalism, responding to the criticisms.

In this paper, I consider the objection to British structural-functionalism that it is unable to deal with the significance of individuals. There are various ways in which individuals may pose a problem for it. I identify four ways, one of which is novel. This way is when someone does not appear to meet the official role requirements in an organization, which gives rise to the question of whether the anthropologist should posit an alternative structure of roles for the organization.

Diego Gambetta and Gloria Origgi describe Italy as a country in which there is a widespread preference for promising high quality goods and delivering low quality goods. Builders are presented as an example. Gambetta and Origgi make proposals regarding why there are these preferences. I was going to ask, why don’t they just try being builders for a while? But metaphorically speaking, they are builders, which makes explaining the problems they face easier.

I present a vision of a university in which each of the departments is based on having solved a paradox (especially for those who think that philosophers on here lack vision, in a grand sense!). I do so imitating a notable modernist writer, apologies for any political incorrectness.

This paper presents an obvious explanation for why Oedipus even attempted to solve the Sphinx’s riddle, given the high cost of failure.

In this paper, I present the problem of the poor king, from combining Descartes and Rousseau.

There are philosophers and literary figures who write on a variety of topics. I suppose I do as well. Here I present two personal worries about the advice to become a narrow specialist.

This paper is written as a pastiche of a notable European novelist, and essayist – it is the essayist who is being imitated, my first effort at this. I make some notes on a paragraph from a well-crafted fiction by Stacy Aumonier. I use the pastiche mode not just for fun but because readers may prefer the bolder and less qualified style, despite some information loss.

George Bernard Shaw did various things to make his essays readable, such as using short sections. In this paper, I raise the worry that they are at risk of being replaced by vocabulary and sayings from folk culture.

This paper proposes that Fodor has, or had, a personal reason to avoid the creative writing department, to do with his opposition to inferential role semantics.

I respond to Dan Lowe’s charge that libertarianism, or the most defensible version, involves an unacceptable “asymmetry of value.” I argue that there is an inconsistency between Lowe’s approach to counterexamples and his eventual objection.

I present two senses in which a political philosophy may be an ideal theory. They are not identified by Laura Valentini, in her much-cited paper. The paper is written as a pastiche of the writing style of the distinguished legal and political philosopher Joseph Raz, who recently passed away, with my notes at the foot of the page within square brackets.

An explanation for why the Bisa do not perform a traditional dance to express their identity is all-or-nothing reasoning: “We would have to water it down for this audience and that is not a Bisa dance.”.

One way of trying to justify the thesis of the underdetermination of scientific theories is by actual examples. In this paper, I present a paradox which arises from trying to justify the thesis in this way.

This paper tries to make sense of a piece of dialogue from Flora Nwapa’s novel Women are Different. I clarify the conclusion drawn by one of the characters, which enables a solution.

This paper considers two explanations for why the main character of Flora Nwapa’s novel One is Enough does not answer the question of how many times her mother-in-law has visited. One of these is a variation on the surprise exam paradox.

This paper responds to a piece of dialogue from Flora Nwapa’s novel Women are Different, in which Comfort mockingly says, “They took up the job voluntarily. Now you will soon tell us that they are celibate because of us.” There are two different interpretations of the use of “because,” and the claim is obviously false on only one of these.

I present a fictional and somewhat unpleasant tutorial. In it a use of the term “ideal political theory” is connected with the reflective equilibrium method: an ideal theory requires no adaptation of specific moral judgments to fit with the theory. I have not been in a tutorial closely resembling this, I should say.

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.

Charles Larmore presents the central part of Descartes’ first meditation as a brief dialogue between a skeptic and a sensible empiricist. I point out a source of discontent about this innovative transformation.

This paper attempts to provide a clearer formulation of the paradox presented by Annette B. Weiner, in terms of a requirement to keep certain objects within a social group and also a requirement to exchange them with another social group.

Pierre Bourdieu’s social theory relies on concepts of four kinds of capital: economic, social, cultural, and symbolic. The anthropologist Pnina Werbner raises the issue of whether the concept of symbolic capital faces a paradox, because within some social groups one can only gain such capital by denying its value. There is a question of how best to clarify the paradox and I offer a clarification.

The 2004-5 essay competition set by the Federal Reserve Bank of Minneapolis asks, “Why are some countries rich and some countries poor?” It has information which strangely does not feature the name Amartya Sen. But I have conceived of a defence against the charge that this is bad practice, which resembles appealing to the descriptivist theory of names.

I address a puzzle identified by the anthropologist Marilyn Strathern in her text on the village of Elmdon: that a disappearing ranking system has actually led to an increasing sense of a division, between the haves and the have-nots in the village.

I compare Rosamond’s relationship with her husband in Middlemarch with Rosamond’s marital relationship in L.A.G. Strong’s short story “The Seal.” I interpret the latter fiction as addressing the unpleasant question: what sort of decent man can suppress Rosamond?

The dilemma I present for Laura Valentini’s paradox of ideal theory concerns a theory which includes idealizations but also an account of how you apply the theory to less ideal reality. If this does not count as an ideal theory, then theories of justice need not be ideal. If it does, then ideal theories can be action guiding.