Context — Children and adults with psychopathic traits and conduct or oppositional defiant disorder demonstrate poor decision making and are impaired in reversal learning. However, the neural basis of this impairment has not previously been investigated. Furthermore, despite high comorbidity of psychopathic traits and attention deficit/hyperactivity disorder, to our knowledge, no research has attempted to distinguish neural correlates of childhood psychopathic traits and attention-deficit/hyperactivity disorder. Objective—To determine the neural regions that underlie the reversal learning impairments in children with psychopathic traits (...) plus conduct or oppositional defiant disorder. Design — Case-control study. Setting — Government clinical research institute. Participants — Forty-two adolescents aged 10 to 17 years: 14 with psychopathic traits and oppositional defiant disorder or conduct disorder, 14 with attention-deficit/hyperactivity disorder only, and 14 healthy controls. Main Outcome Measure — Blood oxygenation level–dependent signal as measured via functional magnetic resonance imaging during a probabilistic reversal task. Results — Children with psychopathic traits showed abnormal responses within the ventromedial prefrontal cortex (Brodmann area 10) during punished reversal errors compared with children wit hattention deficit/hyperactivity disorder and healthy children (P < .05 corrected for multiple comparisons). Conclusions — To our knowledge, this study provides the first evidence of abnormal ventromedial prefrontal cortex responsiveness in children with psychopathic traits and demonstrates this dysfunction was not attributable to comorbid attention-deficit/hyperactivity disorder. These findings suggest that reversal learning impairments in patients with developmental psychopathic traits relate to abnormal processing of reinforcement information. (shrink)

Feminism and Tradition in Aesthetics takes a fresh look at the history of aesthetics and at current debates within the philosophy of art by exploring the ways in which gender informs notions of art and creativity, evaluation and interpretation, and concepts of aesthetic value. Multiple intellectual traditions have formed this field, and the discussions herein range from consideration of eighteenth century legacies of ideas about taste, beauty, and sublimity to debates about the relevance of postmodern analyses for feminist aesthetics. Forward (...) by Arthur C. Danto, 20 authors include Paul Mattick, Jr., Caroline Korsmeyer, Timothy Gould, Christine Battersby, Mary Devereaux, bell hooks, REnee Lorraine, Trinh T. Minh-ha, Elizabeth Ann Dobie, Adrian Piper, Anita Silvers, Susan Feagin, Mary D. Garrard, Ellen Handler Spitz, Noel Carroll, Joanne Waugh, Joseph Margolis, Rita Felski, and Hilde Hein, as well as Peg Brand's essay, "Revising the Aesthetic-Nonaesthetic Distinction: The Aesthetic Value of Activist Art.". (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false (...) and where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

Emphasizing the human body in all of its forms, Beauty Unlimited expands the boundaries of what is meant by beauty both geographically and aesthetically. Peg Zeglin Brand and an international group of contributors interrogate the body and the meaning of physical beauty in this multidisciplinary volume. This striking and provocative book explores the history of bodily beautification; the physicality of socially or culturally determined choices of beautification; the interplay of gender, race, class, age, sexuality, and ethnicity within and on the (...) body; and the aesthetic meaning of the concept of beauty in an increasingly globalized world. Foreward by Carolyn Korsmeyer. Authors include Noel Carroll, Gregory Velazco Y Trianosky, Monique Roelofs, Whitney Davis, Eleanor Heartney, Diana Tietjens Meyers, Phoebe M. Farris, Mary Devereaux, Jo Ellen Jacobs, Karina L. Cespedes-Cortes and Paul C. Taylor, Fedwa Malti-Douglas, Stephen Davies, Jane Duran, Valerie Sullivan Fuchs, Keith Lehrer, Allen Douglas, Cynthia Freeland, Eva Kit Wah Man, Mary Bittner Wiseman, and Peg Brand's essay, "ORLAN Revisited: Disembodied Virtual Hybrid Beauty.". (shrink)

This document presents the Bonn PRINTEGER Consensus Statement: Working with Research Integrity—Guidance for research performing organisations. The aim of the statement is to complement existing instruments by focusing specifically on institutional responsibilities for strengthening integrity. It takes into account the daily challenges and organisational contexts of most researchers. The statement intends to make research integrity challenges recognisable from the work-floor perspective, providing concrete advice on organisational measures to strengthen integrity. The statement, which was concluded February 7th 2018, provides guidance on (...) the following key issues: § 1.Providing information about research integrity § 2.Providing education, training and mentoring § 3.Strengthening a research integrity culture § 4.Facilitating open dialogue § 5.Wise incentive management § 6.Implementing quality assurance procedures § 7.Improving the work environment and work satisfaction § 8.Increasing transparency of misconduct cases § 9.Opening up research § 10.Implementing safe and effective whistle-blowing channels § 11.Protecting the alleged perpetrators § 12.Establishing a research integrity committee and appointing an ombudsperson § 13.Making explicit the applicable standards for research integrity. (shrink)

SNePS, the Semantic Network Processing System 45, 54], has been designed to be a system for representing the beliefs of a natural-language-using intelligent system (a \cognitive agent"). It has always been the intention that a SNePS-based \knowledge base" would ultimatelybe built, not by a programmeror knowledge engineer entering representations of knowledge in some formallanguage or data entry system, but by a human informing it using a natural language (NL) (generally supposed to be English), or by the system reading books or (...) articles that had been prepared for human readers. Because of this motivation, the criteria for the development of SNePS have included: it should be able to represent anything and everything expressible in NL; it should be able to represent generic, as well as speci c information; it should be able to use the generic and the speci c information to reason and infer information implied by what it has been told; it cannot count on any particular order among the pieces of information it is given; it must continue to act reasonably even if the information it is given includes circular de nitions, recursive rules, and inconsistent information. (shrink)

There is, in some quarters, concern about high–level machine intelligence and superintelligent AI coming up in a few decades, bringing with it significant risks for humanity. In other quarters, these issues are ignored or considered science fiction. We wanted to clarify what the distribution of opinions actually is, what probability the best experts currently assign to high–level machine intelligence coming up within a particular time–frame, which risks they see with that development, and how fast they see these developing. We thus (...) designed a brief questionnaire and distributed it to four groups of experts in 2012/2013. The median estimate of respondents was for a one in two chance that high-level machine intelligence will be developed around 2040-2050, rising to a nine in ten chance by 2075. Experts expect that systems will move on to superintelligence in less than 30 years thereafter. They estimate the chance is about one in three that this development turns out to be ‘bad’ or ‘extremely bad’ for humanity. (shrink)

Biological theory demands a clear organism concept, but at present biologists cannot agree on one. They know that counting particular units, and not counting others, allows them to generate explanatory and predictive descriptions of evolutionary processes. Yet they lack a unified theory telling them which units to count. In this paper, I offer a novel account of biological individuality, which reconciles conflicting definitions of ‘organism’ by interpreting them as describing alternative realisers of a common functional role, and then defines individual (...) organisms as essentially possessing some mechanisms that play this role. (shrink)

Some contextually sensitive expressions are such that their context independent conventional meanings need to be in some way supplemented in context for the expressions to secure semantic values in those contexts. As we’ll see, it is not clear that there is a paradigm here, but ‘he’ used demonstratively is a clear example of such an expression. Call expressions of this sort supplementives in order to highlight the fact that their context independent meanings need to be supplemented in context for them (...) to have semantic values relative to the context. Many philosophers and linguists think that there is a lot of contextual sensitivity in natural language that goes well beyond the pure indexicals and supplementives like ‘he’. Constructions/expressions that are good candidates for being contextually sensitive include: quantifiers, gradable adjectives including “predicates of personal taste”, modals, conditionals, possessives and relational expressions taking implicit arguments. It would appear that in none of these cases does the expression/construction in question have a context independent meaning that when placed in context suffices to secure a semantic value for the expression/construction in the context. In each case, some sort of supplementation is required to do this. Hence, all these expressions are supplementives in my sense. For a given supplementive, the question arises as to what the mechanism is for supplementing its conventional meanings in context so as to secure a semantic value for it in context. That is, what form does the supplementation take? The question also arises as to whether different supplementives require different kinds of supplementation. Let us call an account of what, in addition to its conventional meaning, secures a semantic value for a supplementive in context a metasemantics for that supplementive. So we can put our two questions thus: what is the proper metasemantics for a given supplementive; and do all supplementives have the same metasemantics? In the present work, I sketch the metasemantics I formulated for demonstratives in earlier work. Next, I briefly consider a number of other supplementives that I think the metasemantics I propose plausibly applies to and explain why I think that. Finally, I consider the prospects for extending the account to all supplementives. In so doing, I take up arguments due to Michael Glanzberg to the effect that supplementives are governed by two different metasemantics and attempt to respond to them. (shrink)

I focus on three mereological principles: the Extensionality of Parthood (EP), the Uniqueness of Composition (UC), and the Extensionality of Composition (EC). These principles are not equivalent. Nonetheless, they are closely related (and often equated) as they all reflect the basic nominalistic dictum, No difference without a difference maker. And each one of them—individually or collectively—has been challenged on philosophical grounds. In the first part I argue that such challenges do not quite threaten EP insofar as they are either self-defeating (...) or unsupported. In the second part I argue that they hardly undermine the tenability of EC and UC as well. (shrink)

A series of papers on different aspects of practical knowledge by Roderick Chisholm, Rudolf Haller, J. C. Nyiri, Eva Picardi, Joachim Schulte Roger Scruton, Barry Smith and Johan Wrede.

Will future lethal autonomous weapon systems (LAWS), or ‘killer robots’, be a threat to humanity? The European Parliament has called for a moratorium or ban of LAWS; the ‘Contracting Parties to the Geneva Convention at the United Nations’ are presently discussing such a ban, which is supported by the great majority of writers and campaigners on the issue. However, the main arguments in favour of a ban are unsound. LAWS do not support extrajudicial killings, they do not take responsibility away (...) from humans; in fact they increase the abil-ity to hold humans accountable for war crimes. Using LAWS in war would probably reduce human suffering overall. Finally, the availability of LAWS would probably not increase the probability of war or other lethal conflict—especially as compared to extant remote-controlled weapons. The widespread fear of killer robots is unfounded: They are probably good news. (shrink)

This book aims to develop certain aspects of Gottlob Frege’s theory of meaning, especially those relevant to intensional logic. It offers a new interpretation of the nature of senses, and attempts to devise a logical calculus for the theory of sense and reference that captures as closely as possible the views of the historical Frege. (The approach is contrasted with the less historically-minded Logic of Sense and Denotation of Alonzo Church.) Comparisons of Frege’s theory with those of Russell and others (...) are given. It is in the end shown that developing Frege’s theory in these ways reveals serious problems hitherto largely unnoticed, including those possibly rendering a Fregean intensional logic inconsistent even if his naïve class theory is excluded. (shrink)

The problem of plant individuality is something which has vexed botanists throughout the ages, with fashion swinging back and forth from treating plants as communities of individuals (Darwin 1800 ; Braun and Stone 1853 ; Münch 1938 ) to treating them as organisms in their own right, and although the latter view has dominated mainstream thought most recently (Harper 1977 ; Cook 1985 ; Ariew and Lewontin 2004 ), a lively debate conducted mostly in Scandinavian journals proves that the issues (...) are far from being resolved (Tuomi and Vuorisalo 1989b ; Fagerström 1992 ; Pan and Price 2001 ). In this paper I settle the matter once and for all, by showing which elements of each side are correct. (shrink)

This chapter develops the idea that the germ-soma split and the suppression of individual fitness differences within the corporate entity are not always essential steps in the evolution of corporate individuals. It illustrates some consequences for multilevel selection theory. It presents evidence that genetic heterogeneity may not always be a barrier to successful functioning as a higher-level individual. This chapter shows that levels-of-selection theorists are wrong to assume that the central problem in transitions is always that of minimizing within-group competition. (...) Evidence of intralevel conflict does not qualify as evidence against the existence of a higher level of selection. (shrink)

In this paper I argue that composer John Cage’s so-called ‘silent piece’, 4’33”, is music. I first defend it against the charge that it does not involve the organization of sound, which has been taken to be a necessary feature of music. I then argue that 4’33” satisfies the only other condition that must be met for it to be music: it bears the right socio-historical connections to its predecessors within its tradition (Western art music). I argue further that one (...) cannot understand the organized sound condition and the socio-historical condition separately and that understanding their interaction has theoretical benefits—not least of which is providing a groundwork for a more culturally inclusive philosophy of music. Finally, I consider a number of outstanding questions concerning the content of the organized sound condition for Western art music in the wake of 4’33”. (shrink)

Cognitive penetration of perception is the idea that what we see is influenced by such states as beliefs, expectations, and so on. A perceptual belief that results from cognitive penetration may be less justified than a nonpenetrated one. Inferentialism is a kind of internalist view that tries to account for this by claiming that some experiences are epistemically evaluable, on the basis of why the perceiver has that experience, and the familiar canons of good inference provide the appropriate standards by (...) which experiences are evaluated. I examine recent defenses of inferentialism by Susanna Siegel, Peter Markie, and Matthew McGrath and argue that the prospects for inferentialism are dim. (shrink)

The philosophy of AI has seen some changes, in particular: 1) AI moves away from cognitive science, and 2) the long term risks of AI now appear to be a worthy concern. In this context, the classical central concerns – such as the relation of cognition and computation, embodiment, intelligence & rationality, and information – will regain urgency.

One logic or many? I say—many. Or rather, I say there is one logic for each way of specifying the class of all possible circumstances, or models, i.e., all ways of interpreting a given language. But because there is no unique way of doing this, I say there is no unique logic except in a relative sense. Indeed, given any two competing logical theories T1 and T2 (in the same language) one could always consider their common core, T, and settle (...) on that theory. So, given any language L, one could settle on the minimal logic T0 corresponding to the common core shared by all competitors. That would be a way of resisting relativism, as long as one is willing to redraw the bounds of logic accordingly. However, such a minimal theory T0 may be empty if the syntax of L contains no special ingredients the interpretation of which is independent of the specification of the relevant L-models. And generally—I argue—this is indeed the case. (shrink)

Buchanan and Powell hope to rescue optimism about moral perfectibility from the ’received view’ of human evolution, by tweaking our view of the innate character of morality. I argue that their intervention is hampered by an unnecessary commitment to nativism, by gender bias within the received view, and by liberal presuppositions.

I argue that the conjunction of perdurantism (the view that objects are temporally extended) and universalism (the thesis that any old class of things has a mereological fusion) gives rise to undesired complications when combined with certain plausible assumptions concerning the semantics of tensed statements.

That parthood is a transitive relation is among the most basic principles of classical mereology. Alas, it is also very controversial. In a recent paper, Ingvar Johansson has put forward a novel diagnosis of the problem, along with a corresponding solution. The diagnosis is on the right track, I argue, but the solution is misleading. And once the pieces are properly put together, we end up with a reinforcement of the standard defense of transitivity on behalf of classical mereology.

Literature in epistemology tends to suppose that there are three main types of understanding – propositional, atomistic, and objectual. By showing that all apparent instances of propositional understanding can be more plausibly explained as featuring one of several other epistemic states, this paper argues that talk of propositional understanding is unhelpful and misleading. The upshot is that epistemologists can do without the notion of propositional understanding.

Outside of philosophy, ‘intuition’ means something like ‘knowing without knowing how you know’. Intuition in this broad sense is an important epistemological category. I distinguish intuition from perception and perception from perceptual experience, in order to discuss the distinctive psychological and epistemological status of evaluative property attributions. Although it is doubtful that we perceptually experience many evaluative properties and also somewhat unlikely that we perceive many evaluative properties, it is highly plausible that we intuit many instances of evaluative properties as (...) such. The resulting epistemological status of evaluative property attributions is very much like it would be if we literally perceived such properties. (shrink)

Intersectionality has become the primary analytic tool that feminist and anti-racist scholars deploy for theorizing identity and oppression. This paper exposes and critically interrogates the assumptions underpinning intersectionality by focusing on four tensions within intersectionality scholarship: the lack of a defined intersectional methodology; the use of black women as quintessential intersectional subjects; the vague definition of intersectionality; and the empirical validity of intersectionality. Ultimately, my project does not seek to undermine intersectionality; instead, I encourage both feminist and anti-racist scholars to (...) grapple with intersectionality's theoretical, political, and methodological murkiness to construct a more complex way of theorizing identity and oppression. (shrink)

Skipper and Millstein analyze natural selection and mechanism, concluding that natural selection is not a mechanism in the sense of the new mechanistic philosophy. Barros disagrees and provides his own account of natural selection as a mechanism. This discussion identifies a missing piece of Barros's account, attempts to fill in that piece, and reconsiders the revised account. Two principal objections are developed: one, the account does not characterize natural selection; two, the account is not mechanistic. Extensive and persistent variability causes (...) both of these difficulties, so further attempts to describe natural selection as a mechanism are also unlikely to succeed. (shrink)

We lay out the fatalist’s argument, making sure to clarify which dialectical moves are available to the libertarian. We then offer a more robust presentation of Ockhamism, responding to obvious objections and teasing out the implications of the view. At this point, we discuss presentism and eternalism in more detail. We then present our argument for the claim that the libertarian cannot take Ockham’s way out of the fatalism argument unless she rejects presentism. Finally, we consider and dispense with objections (...) to our argument. In the end, it ought to be clear that the libertarian must make a choice between Ockham’s way out and presentism. (shrink)

In the first section, I characterize skeptical theism more fully. This is necessary in order to address some important misconceptions and mischaracterizations that appear in the essays by Maitzen, Wilks, and O’Connor. In the second section, I describe the most important objections they raise and group them into four “families” so as to facilitate an orderly series of responses. In the four sections that follow, I respond to the objections.

In general, epistemic internalists hold that an individual’s justification for a belief is exhausted by her reflectively accessible reasons for thinking that the contents of her beliefs are true. Applying this to the epistemology of testimony, a hearer’s justification for beliefs acquired through testimony is exhausted by her reflectively accessible reasons to think that the contents of the speaker’s testimony is true. A consequence of internalism is that subjects that are alike with respect to their reflectively accessible reasons are alike (...) with respect to what they have justification to believe. Testimony should be thought no different: hearers that are alike with respect to reflectively accessible reasons to think that a speaker’s testimony is true are alike with respect to their justification for beliefs based upon that testimony. But it has been recently argued that this view faces powerful counterexamples. So the central question is this: assuming that a hearer can acquire justification to believe a proposition through the testimony of a speaker, can epistemic internalism provide the resources to explain how such justification is possible? My aim in this paper is to address these counterexamples, and in so doing, defend epistemic internalist accounts of testimony. (shrink)

It is my goal in this paper to offer a strategy for translating universal statements about utopia into particular statements. This is accomplished by drawing out their implicit, temporally embedded, points of reference. Universal statements of the kind I find troublesome are those of the form ‘Utopia is x’, where ‘x’ can be anything from ‘the receding horizon’ to ‘the nation of the virtuous’. To such statements, I want to put the questions: ‘Which utopias?’; ‘In what sense?’; and ‘When was (...) that, is that, or will that be, the case for utopias?’ Through an exploration of these lines of questioning, I arrive at three archetypes of utopian theorizing which serve to provide the answers: namely, utopian historicism, utopian presentism, and utopian futurism. The employment of these archetypes temporally grounds statements about utopia in the past, present, or future, and thus forces discussion of discrete particulars instead of abstract universals with no meaningful referents. (shrink)

Human cognitive acts are directed towards objects extended in space of a wide range of different types. What follows is a new proposal for bringing order into this typological clutter. The theory of spatially extended objects should make room not only for the objects of physics but also for objects at higher levels, including the objects of geography and of related disciplines. It should leave room for different types of boundaries, including both the bona fide boundaries which we find in (...) the physical world and the fiat (or human-demarcation-induced) boundaries with which much of geography has to deal. Two distinct axiomatic theories of boundaries are accordingly presented, and the need for both is examined in some detail. The resultant dual framework is shown to have application above all for our understanding of issues involving contact, division, and separation, issues which have posed serious difficulties for the ontological theories of boundaries that have been proposed hitherto. (shrink)

The theory that all processes in the universe are computational is attractive in its promise to provide an understandable theory of everything. I want to suggest here that this pancomputationalism is not sufficiently clear on which problem it is trying to solve, and how. I propose two interpretations of pancomputationalism as a theory: I) the world is a computer and II) the world can be described as a computer. The first implies a thesis of supervenience of the physical over computation (...) and is thus reduced ad absurdum. The second is underdetermined by the world, and thus equally unsuccessful as theory. Finally, I suggest that pancomputationalism as metaphor can be useful. – At the Paderborn workshop in 2008, this paper was presented as a commentary to the relevant paper by Gordana Dodig-Crnkovic " Info-Computationalism and Philosophical Aspects of Research in Information Sciences". (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)

Goldman, though still a reliabilist, has made some recent concessions to evidentialist epistemologies. I agree that reliabilism is most plausible when it incorporates certain evidentialist elements, but I try to minimize the evidentialist component. I argue that fewer beliefs require evidence than Goldman thinks, that Goldman should construe evidential fit in process reliabilist terms, rather than the way he does, and that this process reliabilist understanding of evidence illuminates such important epistemological concepts as propositional justification, ex ante justification, and defeat.

Epistemic internalism, by stressing the indispensability of the subject’s perspective, strikes many as plausible at first blush. However, many people have tended to reject the position because certain kinds of beliefs have been thought to pose special problems for epistemic internalism. For example, internalists tend to hold that so long as a justifier is available to the subject either immediately or upon introspection, it can serve to justify beliefs. Many have thought it obvious that no such view can be correct, (...) as it has been alleged that internalism cannot account for the possibility of the justification of beliefs stored in memory. -/- My aim in this paper is to offer a response that explains how memory justification is possible in a way that is consistent with epistemic internalism and an awareness condition on justification. Specifically, I will explore the plausibility of various options open to internalists, including both foundationalist and non-foundationalist approaches to the structure of justification. I intend to show that despite other difficult challenges that epistemic internalism might face, memory belief poses no special problems that the resources of internalism cannot adequately address. (shrink)

What is money? Paraphrasing Goodman, I say that’s the wrong question to ask. The right question is, When is money? And to get the answer, Searle’s general formula for social objects (X couns as Y in context C) is fine, as long as you give it a different reading.

CATEGORY: Philosophy play; historical fiction; comedy; social criticism. STORYLINE: Katherine, a slightly neurotic American lawyer, has tried very hard to find personal happiness in the form of friends and lovers. But she has not succeeded, and is therefore very unhappy. So she travels to London, hoping that Christianus — a well-known satisfactionist — may be able to help her. TOPICS: In the course of the play, Katherine and Christianus converse about many philosophical issues: the modern American military presence in Iraq; (...) the meaning of life; the ethics of abortion; assessing WHO death statistics; the potential personhood of foetuses; ancient Egyptian moustaches and beards; defining criteria for progress in human society; objectivity and subjectivity; Chicago futures trading developments; the virtues of cryonics technology; a U.S. Supreme Court case; important and unimportant knowledge; and spiritualist dualism vs. scientific materialism . NOTES: This work features elaborate footnotes and comments by the author, to enhance the reader's experience of the play and its philosophizing characters. (shrink)

Ci imbattiamo in un confine ogni volta che pensiamo a un’entità demarcata rispetto a ciò che la circonda. C’è un confine (una superficie) che delimita l’interno di una sfera dal suo esterno; c’è un confine (una frontiera) che separa il Maryland dalla Pennsylvania. Talvolta la collocazione esatta di un confine non è chiara o è in qualche modo controversa (come quando si cerchi di tracciare i limiti del monte Everest, o il confine del nostro corpo). Talaltra il confine non corrisponde (...) a una discontinuità fisica o a una differenziazione qualitativa (come nel caso dei confini del Wyoming, o della demarcazione tra la metà superiore e la metà inferiore di una sfera omogenea). Ma, che sia netto o confuso, naturale o artificiale, sembra esservi per ogni oggetto un confine che lo separa dal resto del mondo. Anche gli eventi hanno confini, quantomeno confini temporali. Le nostre vite sono delimitate dalle nostre nascite e morti; una partita di calcio comincia alle quindici in punto e termina col fischio finale dell’arbitro alle sedici e quarantacinque. E a volte si dice che anche le entità astratte, come i concetti o gli insiemi, hanno dei propri confini. Se tutto questo parlare di confini abbia davvero un senso, e se rifletta la struttura del mondo o solo l’attività organizzatrice del nostro intelletto, è però oggetto di profonda controversia filosofica. (shrink)

Assuming that events form a genuine ontological category, shall we say that a good inventory of the world ought to include “negative” events—failures, omissions, things that didn’t happen—along with positive ones? I argue that we shouldn’t. Talk of non-occurring events is like talk of non-existing objects and should not be taken at face value. We often speak as though there were such things, but deep down we want our words to be interpreted in such a way as to avoid serious (...) ontological commitment. (shrink)

Certain commentators on Russell's “no class” theory, in which apparent reference to classes or sets is eliminated using higher-order quantification, including W. V. Quine and (recently) Scott Soames, have doubted its success, noting the obscurity of Russell’s understanding of so-called “propositional functions”. These critics allege that realist readings of propositional functions fail to avoid commitment to classes or sets (or something equally problematic), and that nominalist readings fail to meet the demands placed on classes by mathematics. I show that Russell (...) did thoroughly explore these issues, and had good reasons for rejecting accounts of propositional functions as extra-linguistic entities. I argue in favor of a reading taking propositional functions to be nothing over and above open formulas which addresses many such worries, and in particular, does not interpret Russell as reducing classes to language. (shrink)

During the coronavirus pandemic, communities have faced shortages of important healthcare resources such as COVID-19 vaccines, medical staff, ICU beds and ventilators. Public health officials in the U.S. have had to make decisions about two major issues: which infected patients should be treated first, and which people who are at risk of infection should be inoculated first. Following Beauchamp and Childress’s principlism, adopted guidelines have tended to value both whole lives and life-years. This process of collective moral reasoning has revealed (...) our common commitment to both Kantian and utilitarian principles. For Kant, respecting people’s rights entails that we ought to value whole lives equally. Therefore we ought to allocate resources so as to maximise the number of patients who survive to discharge. By contrast, the principle of utility has us maximise life-years so that people can satisfy more of their considered preferences. Although people are treated impartially in the utilitarian calculus, it does not recognise their equal worth. Subjecting Kantian ethics and utilitarianism to the process of reflective equilibrium lends support to the idea that we need a pluralistic approach that would accommodate our moral intuitions regarding both the equal value of whole lives and the additive value of life-years. (shrink)

A look at the dynamical concept of space and space-generating processes to be found in Kant, J.F. Herbart and the mathematician Bernhard Riemann's philosophical writings.

Cognition is commonly taken to be computational manipulation of representations. These representations are assumed to be digital, but it is not usually specified what that means and what relevance it has for the theory. I propose a specification for being a digital state in a digital system, especially a digital computational system. The specification shows that identification of digital states requires functional directedness, either for someone or for the system of which it is a part. In the case or digital (...) representations, to be a token of a representational type, where the function of the type is to represent. [An earlier version of this paper was discussed in the web-conference "Interdisciplines" https://web.archive.org/web/20100221125700/http://www.interdisciplines.org/adaptation/papers/7 ]. (shrink)

Is the flavor of mint reducible to the minty smell, the taste, and the menthol-like coolness on the roof of one’s mouth, or does it include something over and above these—something not properly associated with any one of the contributing senses? More generally, are there features of perceptual experiences—so-called novel features—that are not associated with any of our senses taken singly? This question has received a lot of attention of late. Yet surprisingly little attention has been paid to the question (...) of what it means to say that a feature is associated with a sensory modality in the first place. Indeed, there is only one fully developed proposal in the literature, due to Casey O’Callaghan. I argue that this proposal is too permissive to inform the debate over novel features. I go on to argue that all attempts to formulate a better proposal along these lines fail. The corollary of my arguments is that the question of the existence of novel features is poorly formed. Furthermore, the problem generalizes, with the result that we should not rely on our pre-theoretical notions of the senses as the basis of theorizing about the features of perceptual experiences. (shrink)

Logical inferentialism maintains that the formal rules of inference fix the meanings of the logical terms. The categoricity problem points out to the fact that the standard formalizations of classical logic do not uniquely determine the intended meanings of its logical terms, i.e., these formalizations are not categorical. This means that there are different interpretations of the logical terms that are consistent with the relation of logical derivability in a logical calculus. In the case of the quantificational logic, the categoricity (...) problem is generated by the finite nature of the standard calculi and one direction in which it can be solved is to strengthen the deductive systems by adding infinitary rules (such as the ω-rule), i.e., to construct a full formalization. Another main direction is to provide a natural semantics for the standard rules of inference, i.e., a semantics for which these rules are categorical. My aim in this paper is to analyze some recent approaches for solving the categoricity problem and to argue that a logical inferentialist should accept the infinitary rules of inference for the first order quantifiers, since our use of the expressions “all” and “there is” leads us beyond the concrete and finite reasoning, and human beings do sometimes employ infinitary rules of inference in their reasoning. (shrink)

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.