The paper discusses Noordhof' point on emergence, by arguing against an emergentist view of properties.

Protection of emergent works is impossible. Without an author, there is no expression of ideas which can be original, and thus no copyrightable work. Indeed, the whole system of copyright law, its conceptual building blocks of idea-expression dichotomy, originality, authorship, and the concept of a protectable work operate in the notation of human creativity. Emergent works fall outside of copyright’s positive ontology, being akin to ideas, facts, or subject-matter predicated by technical considerations, rather than authorial creativity. In other words, they (...) do not exist as things in law and thus cannot as such be owned. Rather, like any idea, they can be transformed through creative expression of an author–– possibly becoming works, but also not being authorless or emergent anymore. This is argued as a matter of the U.S. and EU legal doctrines, the international framework, and copyright theory. (shrink)

Two prominent metaphors in Greek and Roman political philosophy are surveyed here, with a view to determining their possible meanings and the plausibility of the claims advanced by those possible meanings.

Scholars in Central Asia have long started exploring the nexus between law and technology. Contemporary Central Asian legal academia is producing research which stands at the junction of law, philosophy, and technology. Central Asia is comparatively not advanced in technology production and imports most the technologies from neighboring tech giants. These technologies are imported as a package along with the laws and regulations proposed by the technology manufacturing country. It has been observed that these regulations don‘t correlate with the existing (...) local and regional legal systems. To meet these demands, this article proposes a new discipline / branch of legal sciences named as ―Central Asia Tech Law to accommodate the technological progression of the 4th industrial revolution. This branch of law strives to promote globalized legal mechanisms to treat technology as per the demands of the Central Asian region and in line with the international norms and standardization. Another purpose of Central Asia Tech Law is to increase the interaction with regional social and applied scientists to set regional technological standards and preferences for Central Asia. (shrink)

This work establishes that the primary justification for the state is its role as the guarantor of last resort of the personal safety, liberty and property of the citizens. The essay upholds that the state exists fundamentally for the protection of life and property and ensuring the wellbeing of the citizens and unless it performs this basic function it has no reason to exist. The essay equally establishes that no other time since the civil war era has Nigeria's state been (...) seriously engulfed in perennial security challenges than now. It is the stand of this essay that the current trend of violence imprints on the psyche of Nigerians that the government security apparatus is incapable of guaranteeing the security, safety and wellbeing of the people. It is the candid opinion of this essay that the paradox of Nigeria's state security is that instead of the state being a framework of lawful order and the highest source of authority, it now constitutes the greatest threat to itself. The essay submits that peaceful protest is against the ruling elite that has exploited and appropriated the collective patrimony to itself. It substantiates the legality of EndSARS Protest necessitated by the improprieties of the unit of Nigeria Police Force – Special Anti-Robbery Squad (SARS) against human rights violation, extortion, torture brutality and extra-judicial killings by SARS due to sustained years of leadership deficit in Nigeria. The protest though hijacked by hoodlums is a wake-up call for articulation of good leadership and governance in Nigeria. The Essay adopts an expository and critical evaluation method to drive home its aims and objectives. It relies on se. (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

Downward causation is commonly held to create problems for ontologically emergent properties. In this paper I describe two novel examples of ontologically emergent properties and show how they avoid two main problems of downward causation, the causal exclusion problem and the causal closure problem. One example involves an object whose colour does not logically supervene on the colours of its atomic parts. The other example is inspired by quantum entanglement cases but avoids controversies regarding quantum mechanics. These examples show that (...) the causal exclusion problem can be avoided, in one case by showing how it is possible to interact with an object without interacting with its atomic parts. I accept that emergence cannot be reconciled with causal closure, but argue that violations of causal closure do not entail violations of the base-level laws. Only the latter would conflict with empirical science. (shrink)

In the period of emergence of early modern science, ‘monsters’ or individuals with physical congenital anomalies were considered as rare events which required special explanations entailing assumptions about the laws of nature. This concern with monsters was shared by representatives of the new science and Late Scholastic authors of university textbooks. This paper will reconstruct the main theses of the treatment of monsters in Late Scholastic textbooks, by focusing on the question as to how their accounts conceived nature’s regularity and (...) teleology. It shows that they developed a naturalistic teratology in which, in contrast to the naturalistic explanations usually offered by the new science, finality was at central stage. This general point does not impede our noticing that some authors were closer to the views emerging in the Scientific Revolution insofar as they conceived nature as relatively autonomous from God and gave a relevant place to efficient secondary causation. In this connection, this paper suggests that the concept of the laws of nature developed by the new science –as exception-less regularities—transferred to nature’s regularity the ‘strong’ character that Late Scholasticism attributed to finality and that the decline of the Late Scholastic view of finality played as an important concomitant factor permitting the transformation of the concept of laws of nature. (shrink)

Many mechanisms, functions and structures of life have been unraveled. However, the fundamental driving force that propelled chemical evolution and led to life has remained obscure. The second law of thermodynamics, written as an equation of motion, reveals that elemental abiotic matter evolves from the equilibrium via chemical reactions that couple to external energy towards complex biotic non-equilibrium systems. Each time a new mechanism of energy transduction emerges, e.g., by random variation in syntheses, evolution prompts by punctuation and settles to (...) a stasis when the accessed free energy has been consumed. The evolutionary course towards an increasingly larger energy transduction system accumulates a diversity of energy transduction mechanisms, i.e. species. The rate of entropy increase is identified as the fitness criterion among the diverse mechanisms, which places the theory of evolution by natural selection on the fundamental thermodynamic principle with no demarcation line between inanimate and animate. (shrink)

This article analyzes emerging artificial intelligence (AI)-enhanced lie detection systems from ethical and human resource (HR) management perspectives. I show how these AI enhancements transform lie detection, followed with analyses as to how the changes can lead to moral problems. Specifically, I examine how these applications of AI introduce human rights issues of fairness, mental privacy, and bias and outline the implications of these changes for HR management. The changes that AI is making to lie detection are altering the roles (...) of human test administrators and human subjects, adding machine learning-based AI agents to the situation and establishing invasive data collection processes as well as introducing certain biases in results. I project that the potentials for pervasive and continuous lie detection initiatives (“truth machines”) are substantial, displacing human-centered efforts to establish trust and foster integrity in organizations. I argue that if it is possible for HR managers to do so, they should cease using technologically-based lie detection systems entirely and work to foster trust and accountability on a human scale. However, if these AI-enhanced technologies are put into place by organizations by law, agency mandate, or other compulsory measures, care should be taken that the impacts of the technologies on human rights and wellbeing are considered. The article explores how AI can displace the human agent in some aspects of lie detection and credibility assessment scenarios, expanding the prospects for inscrutable, “black box” processes and novel physiological constructs (such as “biomarkers of deceit”) that may increase the potential for such human rights concerns as fairness, mental privacy, and bias. Employee interactions with autonomous lie detection systems rather with than human beings who administer specific tests can reframe organizational processes and rules concerning the assessment of personal honesty and integrity. The dystopian projection of organizational life in which analyses and judgments of the honesty of one’s utterances are made automatically and in conjunction with one’s personal profile provides unsettling prospects for the autonomy of self-representation. (shrink)

What is the boundary between the animate and inanimate world? It is obvious that the animate world is under rules of inanimate world. Is the converse true? This paper is aimed at imposing the well-known Darwin's theory of evolution to inanimate world of atomic realm where bizarre behavior of electron challenges our everyday perception of inanimate world. This paper, suggests a weird, peculiar and highly elegant speculation of existing, leads suspicious about validity of the law of conservation of mass, provides (...) conceptual foundation for many odd explanations of quantum mechanics such wave-particle duality of elementary particles, the inherent randomness and probabilistic nature of world as quantum mechanics states, the Louis de Broglie proposition of wave-like behavior of moving particles, Schrödinger's wave function description of probability of finding electron at any location around the nucleus and even the roots of causality. It defines existence as follows: "All the elementary particles emerge spontaneously and randomly in space where the possibility of conforming the physical laws is higher and after appearing if they not conform the laws of physics, they vanish." It proposes, the emerging from nothing, as a natural process and in other word there is an inherent urge to existence not only for animate world but also for inanimate world. Assuming the correctness of the proposed speculation, leads to dramatic development of human perception of existing, reality and interaction with world. (shrink)

Biological evolution is a complex blend of ever changing structural stability, variability and emergence of new phe- notypes, niches, ecosystems. We wish to argue that the evo- lution of life marks the end of a physics world view of law entailed dynamics. Our considerations depend upon dis- cussing the variability of the very ”contexts of life”: the in- teractions between organisms, biological niches and ecosys- tems. These are ever changing, intrinsically indeterminate and even unprestatable: we do not know ahead of (...) time the ”niches” which constitute the boundary conditions on selec- tion. More generally, by the mathematical unprestatability of the ”phase space”, no laws of mo- tion can be formulated for evolution. We call this radical emergence, from life to life. The purpose of this paper is the integration of variation and diversity in a sound concep- tual frame and situate unpredictability at a novel theoretical level, that of the very phase space. Our argument will be carried on in close comparisons with physics and the mathematical constructions of phase spaces in that discipline. The role of symmetries as invariant preserving transformations will allow us to under- stand the nature of physical phase spaces and to stress the differences required for a sound biological theoretizing. In this frame, we discuss the novel notion of ”enablement”. Life lives in a web of enablement and radical emergence. This will restrict causal analyses to differential cases. Mutations or other causal differ- ences will allow us to stress that ”non conservation princi- ples” are at the core of evolution, in contrast to physical dynamics, largely based on conservation principles as sym- metries. Critical transitions, the main locus of symmetry changes in physics, will be discussed, and lead to ”extended criticality” as a conceptual frame for a better understanding of the living state of matter. (shrink)

What marks emergence as a metaphysically interesting idea is that many macro-level entities and their properties are ontologically and causally autonomous in relation to the micro-level entities and properties they depend on---or so argues Jessica Wilson in Metaphysical Emergence (2021). To do so, she adopts a “metaphysically highly neutral” (p. 32) approach to questions about powers, causation, properties, and laws. That is, while explaining what emergence is and arguing that there is indeed emergence in the natural world, she doesn’t restrict (...) her analyses and arguments to any specific metaphysical accounts of these concepts, and she doesn’t commit to any controversial theses about them. In this article, I assess Wilson’s project against this methodological ideal of metaphysical neutrality. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical doubt. (...) The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

George Boole emerged from the British tradition of the “New Analytic”, known for the view that the laws of logic are laws of thought. Logicians in the New Analytic tradition were influenced by the work of Immanuel Kant, and by the German logicians Wilhelm Traugott Krug and Wilhelm Esser, among others. In his 1854 work An Investigation of the Laws of Thought on Which are Founded the Mathematical Theories of Logic and Probabilities, Boole argues that the laws of thought acquire (...) normative force when constrained to mathematical reasoning. Boole’s motivation is, first, to address issues in the foundations of mathematics, including the relationship between arithmetic and algebra, and the study and application of differential equations (Durand-Richard, van Evra, Panteki). Second, Boole intended to derive the laws of logic from the laws of the operation of the human mind, and to show that these laws were valid of algebra and of logic both, when applied to a restricted domain. Boole’s thorough and flexible work in these areas influenced the development of model theory (see Hodges, forthcoming), and has much in common with contemporary inferentialist approaches to logic (found in, e.g., Peregrin and Resnik). (shrink)

Two approaches to elevating certain laws of nature over others have come to prominence recently. On the one hand, according to the meta-laws approach, there are meta-laws, laws which relate to laws as those laws relate to particular facts. On the other hand, according to the modal, or non-absolutist, approach, some laws are necessary in a stricter sense than others. Both approaches play an important role in current research, questioning the ‘orthodoxy’ represented by the leading philosophical theories of natural laws—Humeanism, (...) the DTA view, dispositional essentialism and primitivism. This paper clarifies the relations between these two emerging approaches, as well as their applicability to physical laws and the status of the challenges they pose for standard theories of laws of nature. We first argue that, despite some significant similarities between the two approaches (especially in the context of Lange’s counterfactual account of laws), they are in general distinct and largely independent of each other. Then, we argue that the support for meta-laws from physical theory and practice is more questionable than usually presented. (shrink)

We can classify theories of consciousness along two dimensions. The first dimension is a theory's answer to the question of whether consciousness is "something over and above" the physical. Physicalism, dualism, and Russellian monism are the three possible positions on this dimension. The second dimension is a theory's answer to the question of how conscious states causally interact with physical states. The three possible answers to this question are nomism (the two interact through laws or necessary principles), acausalism (they do (...) not causally interact), and anomalism (they interact but not through laws or necessary principles). This paper explores the potential and viability of anomalous dualism, a combination of views that has not been explored so far. I suggest that a specific version of anomalous dualism, emergent anomalous panpsychism, can address the two most pressing issues for dualist views, the problem of mental causation and the mapping problem (roughly, the problem of predicting mind-body associations). Emergent anomalous panpsychism seems to be the only theory that can reconcile all the evidence that has been offered by dualists and physicalists. (shrink)

In recent years, an active research program has emerged that aims to develop a Humean best-system account (BSA) of laws of nature that improves on Lewis’s canonical articulation of the view. Its guiding idea is that the laws are cognitive tools tailored to the specific needs and limitations of creatures like us. While current versions of this “pragmatic Humean” research program fare much better than Lewis’s account along many dimensions, I will argue that they have trouble making sense of certain (...) key features of the practice of fundamental physics. Indeed, these features seem to go against the very idea that laws are useful for agents like us. In my view, Humeans can address these issues by paying more attention to the explanatory role of laws. Following this idea, I will propose an account on which what makes a systematization the best is a kind of explanatory power, understood along the lines of the unificationist theory of explanation. The resulting view, I will argue, can make sense of those features of laws that other pragmatic accounts of laws have trouble explaining. (shrink)

I have argued that emergentism is a non-computational theory of mind, because this theory says that mind or consciousness emerges from material objects, but it will not be reduced to that matter. That is to say that the higher level of quality emerge from a lower level of existence. It emerges therefrom, and does not belong to that level, but constitutes its possessor a new order of existence with its social laws of behaviour. Thus, emergentism is an anti-reductionists' theory of (...) the mind and has established the hardness of the problem of consciousness. The physicalistic theory of mind in all its hues faces the question as to how we can account for the qualitative content of our consciousness. It cannot ultimately tell us how the subjective content of our consciousness. (shrink)

Law and Morality at War offers a broadly instrumentalist defense of the authority of the laws of war: these laws serve combatants by helping them come closer to doing what they have independent moral reason to do. We argue that this form of justification sets too low a bar. An authority’s directives are not binding, on instrumental grounds, if the subject could, within certain limits, adopt an alternative, and superior, means of conforming to morality’s demands. It emerges that Haque’s argument (...) fails to vindicate the law’s authority over all combatants. (shrink)

This article outlines a new approach to the law of political economy as a form of transformative law, a new approach that combines a focus on the function of law with a concept of law encapsulating the triangular dialectics between the form-giving prestation of law, the material substance the law is oriented against, and the transcendence of legal forms—that is, the rendering of compatibility between forms. Transformative law thereby serves as an alternative to both law and economics and recently emerging (...) culturalist and neo-Marxist approaches. The timing of this publication is not coincidental. The era of neoliberalism—that is, of structural liberalism, which started in the 1970s and experienced its breakthrough in the 1980s and 1990s after the collapse of structural Marxism—is ending. This makes the question of what will succeed the neoliberal episteme pertinent. (shrink)

Background: Emergentism as an ontology of consciousness leaves unanswered the question as to its mechanism. Aim: I aim to solve the Body-Mind problem by explaining how conscious organisms emerged on an evolutionary basis at various times in accordance with an accepted scientific principle, through a mechanism that cannot be understood, in principle. Proposal: The reason for this cloak of secrecy is found in a seeming contradiction in the behaviour of information with respect to the first two laws of thermodynamics. Information, (...) the microstate of particles within an isolated system’s macrostate, can, like first law energy, be neither created nor destroyed, yet the information in the system, like second law entropy, will inevitably increase. To explain information increasing without being created, Laplace’s demon is invoked, able to predict where each particle is destined. This doesn’t work for emerging events like consciousness, which are unpredictable. This can be understood in terms of the derivation of entropy, and the emergence of classical physics, from the Relativistic Transactional Interpretation of Quantum Mechanics. I propose that the increased entropy in a time-irreversible, unpredictable (emergent) isolated system requires the simultaneous deletion of information concerning the steps, or calculations, involved. Conclusion: Thus, the steps leading to consciousness are immediately destroyed and must remain a mystery. Implications include that entropy, not panpsychism, is the Universal principle generative of consciousness, that our being conscious proves that we are not predetermined, and that consciousness requires assuming an “entropy debt” that can only be repaid by living organisms, prohibiting the emergence of conscious machines. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume Studies Volume 31, Number 1, April 2005, pp. 123-144 Laws Not Men: Hume's Distinction between Barbarous and Civilized Government NEIL McARTHUR 1. Introduction Hume uses the adjectives "civilized" and "barbarous" in a variety of ways, and in a variety of contexts. He employs them to describe individuals, societies, historical eras, and forms of government. These various uses are closely related. Hume thinks that cultural and political development are (...) intimately connected, and are mutually dependent. Civilized government goes together with civilized society. A wise ruler cannot emerge before "refinements have taken place" in the society at large and "science [becomes] known in the world." At the same time, the policy of a monarch who is "ignorant and uninstructed... for ever prevents all improvements."1 This intimate connection, however, is not an identification. A civilized government is not simply that which produces, or results from, a civilized society. When discussing forms of government, Hume uses the terms "barbarous" and "civilized" consistently and somewhat narrowly, to describe governments that possess certain specific characteristics. It is striking that these characteristics are explicitly divorced from the abilities or characters of the rulers. While a nation requires wise and refined leadership to achieve its civilized status, Hume thinks it is a crucial feature of civilized government that, once established, it depends Neil McArthur is at the University of Manitoba, Winnipeg, Manitoba R3T 2M8, Canada, e-mail: [email protected] 124 Neil McArthur entirely on its institutional structure, and not on the talents or intentions of any individual or group. To understand Hume's distinction between these two kinds of government, it is useful to abstract away from his discussion of more general issues of cultural development, and to lay temporarily aside the causal question of what social and economic conditions are necessary to produce a civilized government. I propose to explain Hume's concepts of barbarous and civilized government just in terms of the institutional characteristics possessed by each. Hume's choice of adjectives is not, of course, accidental. The complex causal questions of how a civilized government comes about, and what is its relation to civilized society, are large and important ones. However, 1 do not propose to take them up here.2 The crucial feature dividing civilized and barbarous government is their relation to law. In his essay "Of Civil Liberty" Hume says: "It may now be affirmed of civilized monarchies, what was formerly said in praise of republics alone, that they are a government of Laws, not of Men."3 "Barbarous government" are thus "governments of men"—he also calls them governments "of will."4 Scholars of Hume's political theory have noted the importance of the rule of law in defining "civilized government. "5 However, they have not made clear precisely what Hume thinks precisely defines a "government of laws. " I submit that such a government must (for Hume) possess three characteristics. It must have: 1. A clear separation between the legislative and magisterial "powers" of the state; 2. A rigid subordination of the magisterial to the legislative power, such that the "discretion" of magistrates is restricted by "general laws"; 3. Self-sufficient laws and institutions, such that they are able to operate regardless of the intentions or abilities of individual rulers or officeholders. To this end, a government of laws must possess fixed rules governing the succession of officers, including (in a civilized monarchy) succession to the throne. Hume thinks specific governments may meet these criteria to varying degrees through time (with regression also possible). His use of the term "civilized government" nevertheless implies that it exists as a distinct, and achievable, ideal. An examination of Hume's theory of civilized government shows his understanding of the rule of law to be more subtle and complex than has previously been acknowledged. Hume moves beyond traditional Whig panegyrics on the rule of show to show how the law must operate if it is to protect people from oppression in the local theatres in which it is most acute. He articulates a theory of "civilized monarchy" that provides a middle path between republican and absolutist theories of government, and that is consistent his philosophy as a whole. Hume Studies Laws... (shrink)

This paper links the conjecture that the physical world is a virtual reality to the findings of modern physics. What is usually the subject of science fiction is here proposed as a scientific theory open to empirical evaluation. We know from physics how the world behaves, and from computing how information behaves, so whether the physical world arises from ongoing information processing is a question science can evaluate. A prima facie case for the virtual reality conjecture is presented. If a (...) photon is a pixel on a multi-dimensional grid that gives rise to space, the speed of light could reflect its refresh rate. If mass, charge and energy all arise from processing, the many conservation laws of physics could reduce to a single law of dynamic information conservation. If the universe is a virtual reality, then its big bang creation could be simply when the system was booted up. Deriving core physics from information processing could reconcile relativity and quantum theory, with the former how processing creates the space-time operating system and the latter how it creates energy and matter applications. (shrink)

Techno-ethics is the area in the philosophy of technology which deals with emerging robotic and digital AI technologies. In the last decade, a new techno-ethical challenge has emerged: Autonomous Weapon Systems (AWS), defensive and offensive (the article deals only with the latter). Such AI-operated lethal machines of various forms (aerial, marine, continental) raise substantial ethical concerns. Interestingly, the topic of AWS was almost not treated in Jewish law and its research. This article thus proposes an introductory ethical-halakhic perspective on AWS, (...) in the Israeli context. The article has seven sections. Section 1 defines AWS and the main ethical concerns it evokes, while providing elementary definitions and distinctions. §2 locates AWS within the realm of Jewish laws of war (hilkhot-ẓava), which recognize the right for self-defense, as well as the status of universally accepted moral norms. §3 unfolds pragmatic ethical premises of a humane techno-ethics, which are required for the identifying AWS as a moral question: I. Relationality; II. Technology is not (completely) neutral; III. The fallaciousness of transhumanism. It is argued that these premises are compatible with halakhic tradition. §4 investigates the question of the morality of AWS, within the field of military AI ethics. It is clarified why the standard categories of war-ethics (ad bello, in bellum) do not capture the singular ethical problem of AWS, which pertains to the operation of military means, rather than their human targets. It is argued that reductive perception of the human mind is misleading about the feasibility of ‘ethical robots’, capable of independent moral discretion. To provide a thick examination of human agency from the perspective of Jewish tradition, §5 explores two stories from the biblical book of Samuel (the murder of Nob’s priests and of Uriah). The lessons about the significance of moral agency within the pubic-political military sphere are made explicit, as well as the possible costs resulting from the loss of human agency in the case of AWS. Given that realpolitik considerations are basic in halakhah, §6 considers some possible contemporary socio-political implications of the AWS, that may risk the sustainability of the democratic project. §7 concludes by pointing out humane contributions of Jewish law to contemporary techno-ethics. (shrink)

The causal efficacy of a material system is usually thought to be produced by the law-like actions and interactions of its constituents. Here, a specific system is constructed and explained that produces a cause that cannot be understood in this way, but instead has novel and autonomous efficacy. The construction establishes a proof-of-feasibility of strong emergence. The system works by utilizing randomness in a targeted and cyclical way, and by relying on sustained evolution by natural selection. It is not vulnerable (...) to standard arguments against strong emergence, in particular ones that assume that the physical realm is causally closed. Moreover, it does not suffer from epiphenomenalism or causal overdetermination. The system uses only standard material components and processes, and is fully consistent with naturalism. It is discussed whether the emergent cause can still be viewed as ‘material’ in the way that term is commonly understood. (shrink)

From the Arab Spring and Occupy to the London riots and student tuition fee protests, the disordered crowd has re-emerged as a focal point of anxiety for law makers. The paper examines two recent cases where the UK courts have thought about crowds. In Austin, the House of Lords connected the crowd to an idea of human nature. This essentialist rendering placed the crowd within an old analytical register where it is understood to release a primordial violence. In Bauer, the (...) Administrative Court utilised a very different sense of the ‘crowdness’ of the crowd to uphold the conviction of UK Uncut activists for aggravated trespass. In their novelty and difference, these two mutually exclusive senses of the crowd open an essential question of the relation between law and society. This paper introduces the ‘Law of Crowds’ as a distinctive way to understand the questions of protest, revolt and democracy. (shrink)

It is argued that at a sufficiently deep level the conventional quantitative approach to the study of nature faces difficult problems, and that biological processes should be seen as more fundamental, in a way that can be elaborated on the basis of Peircean semiotics and Yardley's Circular Theory. In such a world-view, Wheeler's observer-participation and emergent law arise naturally, rather than having to be imposed artificially. This points the way to a deeper understanding of nature, where meaning has a fundamental (...) role to play that is invisible to quantitative science. (shrink)

After a brief survey of the literature on ceteris paribus clauses and ceteris paribus laws (1), the problem of exceptions, which creates the need for cp laws, is discussed (2). It emerges that the so-called skeptical view of laws of nature does not apply to laws of any kind whatever. Only some laws of physics are plagued with exceptions, not THE laws (3). Cp clauses promise a remedy, which has to be located among the further reactions to the skeptical view (...) (4). After inspecting various translations of the Latin term 'ceteris paribus' (5), the paper arrives at the conclusion that, on the most reasonable translation, there are no such things as cp laws, for reasons of logical form. Cp clauses have an indexical content, so that they need singular propositions as their habitat, not general ones. Cp clauses and the universal generalizations they are supposed to modify are not fit for each other (6). (shrink)

This paper commences from the critical observation that the Turing Test (TT) might not be best read as providing a definition or a genuine test of intelligence by proxy of a simulation of conversational behaviour. Firstly, the idea of a machine producing likenesses of this kind served a different purpose in Turing, namely providing a demonstrative simulation to elucidate the force and scope of his computational method, whose primary theoretical import lies within the realm of mathematics rather than cognitive modelling. (...) Secondly, it is argued that a certain bias in Turing’s computational reasoning towards formalism and methodological individualism contributed to systematically unwarranted interpretations of the role of the TT as a simulation of cognitive processes. On the basis of the conceptual distinction in biology between structural homology vs. functional analogy, a view towards alternate versions of the TT is presented that could function as investigative simulations into the emergence of communicative patterns oriented towards shared goals. Unlike the original TT, the purpose of these alternate versions would be co-ordinative rather than deceptive. On this level, genuine functional analogies between human and machine behaviour could arise in quasi-evolutionary fashion. (shrink)

In this article, we analyze how the checks-and-balances principle in the Finnish Constitution regarding the declaration of the state of emergency. We first discuss the basic principles of the separation of powers and checks and balances, and explicate how these principles are relevant to declaring a state of emergency (section 2). We then move on to analysing the Finnish legal order, de lege lata, regarding the declaration of the state of emergency, both on the level of the (...) Constitution and on the level of the Emergency Powers Act (section 3). This section elaborates the role of the legislative branch in checking the executive and the authority of the executive(s) in declaring a state of emergency. By means of our theoretical discussion and legal analysis, we will evaluate critically the declaration requirement’s political entailments for the Finnish legal system and propose some changes for the future, de lege ferenda (section 4). This evaluation critically assesses the present legislation regarding the declaration and its recent practice during COVID-19 pandemic. (shrink)

This doctoral dissertation investigates the notion of physical necessity. Specifically, it studies whether it is possible to account for non-accidental regularities without the standard assumption of a pre-existent set of governing laws. Thus, it takes side with the so called deflationist accounts of laws of nature, like the humean or the antirealist. The specific aim is to complement such accounts by providing a missing explanation of the appearance of physical necessity. In order to provide an explanation, I recur to fields (...) that have not been appealed to so far in discussions about the metaphysics of laws. Namely, I recur to complex systems’ theory, and to the foundations of statistical mechanics. The explanation proposed is inspired by how complex systems’ theory has elucidated the way patterns emerge, and by the probabilistic explanations of the 2nd law of thermodynamics. More specifically, this thesis studies how some constraints that make no direct reference to the dynamics can be a sufficient condition for obtaining in the long run, with high probability, stable regular behavior. I hope to show how certain metaphysical accounts of laws might benefit from the insights achieved in these other fields. According to the proposal studied in this thesis, some regularities are not accidental not in virtue of an underlying physical necessity. The non-accidental character of certain regular behavior is only due to its overwhelming stability. Thus, from this point of view the goal becomes to explain the stability of temporal patterns without assuming a set of pre-existent guiding laws. It is argued that the stability can be the result of a process of convergence to simpler and stable regularities from a more complex lower level. According to this project, if successful, there would be no need to postulate a (mysterious) intermediate category between logical necessity and pure contingency. Similarly, there would be no need to postulate a (mysterious) set of pre-existent governing laws. Part I of the thesis motivates part II, mostly by arguing why further explanation of the notions of physical necessity and governing laws should be welcomed (chapter 1), and by studying the plausibility of a lawless fundamental level (chapters 2 and 3). Given so, part II develops the explanation of formation of simpler and stable behavior from a more complex underlying level. (shrink)

Since its formal definition over sixty years ago, category theory has been increasingly recognized as having a foundational role in mathematics. It provides the conceptual lens to isolate and characterize the structures with importance and universality in mathematics. The notion of an adjunction (a pair of adjoint functors) has moved to center-stage as the principal lens. The central feature of an adjunction is what might be called “determination through universals” based on universal mapping properties. A recently developed “heteromorphic” theory about (...) adjoints suggests a conceptual structure, albeit abstract and atemporal, for how new relatively autonomous behavior can emerge within a system obeying certain laws. The focus here is on applications in the life sciences (e.g., selectionist mechanisms) and human sciences (e.g., the generative grammar view of language). (shrink)

ABSTRACT Lewtas [2017] recently articulated an argument claiming that emergent conscious causal powers are impossible. In developing his argument, Lewtas makes several assumptions about emergence, phenomenal consciousness, categorical properties, and causation. We argue that there are plausible alternatives to these assumptions. Thus, the proponent of emergent conscious causal powers can escape Lewtas’s challenge.

In this paper, I shall argue that both emergence and downward causation, which are strongly interconnected, presuppose the presence of levels of reality. However, emergence and downward causation pull in opposite directions with respect to my best reconstruction of what levels are. The upshot is that emergence stresses the autonomy among levels while downward causation puts the distinction between levels at risk of a reductio ad absurdum, with the further consequence of blurring the very notion of downward. Therefore, emergence and (...) downward causation are not fit to each other vis-a-vis the concept of level. (shrink)

There is an emerging consensus within Natural Law that explains transgender identity as an “embodied misunderstanding.” The basic line of argument is that our sexual identity as male or female refers to our possible reproductive roles of begetting or conceiving. Since these two possibilities are determined early on by the presence or absence of a Y chromosome, our sexual identity cannot be changed or reassigned. I develop an argument from analogy, comparing gender and language, to show that this consensus is (...) premature. Language and gender imbue our body with further social meaning and so, I conclude, that just as we can learn multiple languages, so too can we learn multiple genders. Since language and gender each constitutively contribute to our wellbeing as a “second nature,” I argue against this consensus to show that the reason people who are transgender struggle to flourish is not because of a “troubled trans psyche,” but because there are conceptual, interpersonal, and institutional obstacles stacked against them. (shrink)

An influential position in the philosophy of biology claims that there are no biological laws, since any apparently biological generalization is either too accidental, fact-like or contingent to be named a law, or is simply reducible to physical laws that regulate electrical and chemical interactions taking place between merely physical systems. In the following I will stress a neglected aspect of the debate that emerges directly from the growing importance of mathematical models of biological phenomena. My main aim is to (...) defend, as well as reinforce, the view that there are indeed laws also in biology, and that their difference in stability, contingency or resilience with respect to physical laws is one of degrees, and not of kind . (shrink)

My thesis in this paper is: the modern concept of laws of motion—qua dynamical laws—emerges in 18th-century mechanics. The driving factor for it was the need to extend mechanics beyond the centroid theories of the late-1600s. The enabling result behind it was the rise of differential equations. -/- In consequence, by the mid-1700s we see a deep shift in the form and status of laws of motion. The shift is among the critical inflection points where early modern mechanics turns into (...) classical mechanics as we know it. Previously, laws of motion had been channels for truth and reference into mechanics. By 1750, the laws lose these features. Instead, now they just assert equalities between functions; and serve just to entail (differential) equations of motion for particular mechanical setups. This creates two philosophical problems. First, it’s unclear what counts as evidence for the laws of motion in the Enlightenment. Second, it’s a mystery whether these laws retain any notion of causality. That subverts the early-modern dictum that physics is a science of causes. (shrink)

The relationship between law and coercion has always been a highly controversial topic in contemporary legal philosophy. After an initial phase in which there was a strong consensus on its essential importance for law, an apparent consensus on the exact opposite has emerged in the last decades. In recent years, however, several important publications have reignited the debate. They criticise the latter position and argue strongly in favour of considering coercion as a necessary or relevant property of law, as well (...) as propose new ways to approach the debate and conceive the relevant question. -/- The aim of this chapter is to contribute to the revitalised debate by arguing for the importance of coercion both for the existence of law and for the function(s) of law. I will argue that if law is seen as a tool or artefact, the fulfilment of its function(s) depends both on its existence and on its possession of a certain property that enables the achievement of that end. I will then show how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to law, and that it is necessary to ensure the existence of a community. Finally, even if this argument fails, I will show that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s). I will argue that this is the case for most of the possible functions of law, especially those related to behaviour-guidance and coordination-solving. -/- I will proceed as follows. In section 2, I will address some useful definitions of coercion and law and offer some insights into the view of law as an artefact and the functions ascribed to it. In section 3, I will set out some general theoretical positions on the relationship between coercion and law that will help to frame the content of the arguments that follow in the next section. In section 4, I will analyse the role and significance of coercion for the existence of legal systems (4.1) and for the function of legal systems (4.2). Finally, in section 5, I will offer some concluding remarks. (shrink)

Considers that in ecosystem, landscape and global ecology, an energetics reading of ecological systems is an expression of a cybernetic, systemic and holistic approach. In ecosystem ecology, the Odumian paradigm emphasizes the concept of emergence, but it has not been accompanied by the creation of a method that fully respects the complexity of the objects studied. In landscape ecology, although the emergentist, multi-level, triadic methodology of J.K. Feibleman and D.T. Campbell has gained acceptance, the importance of emergent properties is still (...) undervalued. In global ecology, the Gaia hypothesis is an expression of an organicist metaphor, while the emergentist terminology used is incongruent with the underlying physicalist cybernetics. More generally, an analytico-additional methodology and the reduction of the properties of ecosystems to the laws of physical chemistry render purely formal any assertion about the emergentist and holistic nature of the ecological systems studied. (shrink)

This topic focuses on the problems that arise in providing medical care to the population during armed conflict or martial law. Under such conditions, hospitals, clinics, and other healthcare facilities have to work in challenging circumstances with limited resources and reduced security for medical personnel. This topic explores such issues as how martial law affects the work of medical institutions, what problems arise in providing medical care to the population in war, how war affects the health of the people, and (...) what consequences it may have in the long term. Research in this area will help to understand how to organize better and prepare medical facilities to work in war conditions and ensure high-quality medical care to the population in emergencies. The methods used to write this article were analysis, synthesis, generalization, explanation, and data qualification. The primary and fundamental sources for writing an article may vary depending on the topic, but generally, the following sources can be recommended. Academic studies: these can be scholarly articles, monographs, dissertations, conference papers, and other materials related to the topic of your article. These sources can help you find information about the latest research in the field and allow you to see the approaches and methodologies used in the studies. Official sources: These can be legal documents, reports, regulations, guidelines, and other materials issued by government agencies, ministries, and other departments. These sources can help you understand the rules and regulations governing your article's topic. Expert reviews: these can be interviews with experts in the field, articles, and other materials written by well-known specialists. These sources can help you understand the views and opinions of well-known experts on the issues related to your paper. (shrink)

This thesis develops a detailed account of the emergence of for all practical purposes continuous, quasi-classical world histories from the discontinuous, stochastic micro dynamics of Minimal Bohmian Mechanics (MBM). MBM is a non-relativistic quantum theory. It results from excising the guiding equation from standard Bohmian Mechanics (BM) and reinterpreting the quantum equilibrium hypothesis as a stochastic guidance law for the random actualization of configurations of Bohmian particles. On MBM, there are no continuous trajectories linking up individual configurations. Instead, individual configurations (...) are actualized independently of each other, carving out the decoherence-induced branching structure of the universal wave function. Yet, by contrast to the Everett interpretation, branches of the universal wave function are not actualized in parallel, i.e. all at the same time. Rather, world branches, on MBM, are actualized sequentially. -/- For an introduction to MBM, the transition from BM to MBM is described, and their empirical equivalence is established. I present the conditions under which MBM can be classified as a primitive ontology (PO) theory, regarded as crucial for the acceptance of a theory as Bohmian by many proponents of BM. While rendering MBM compatible with the PO approach, it must not fall prey to the problem of communication, arising from the two-space reading of BM. -/- The issue of temporal solipsism, identified by Bell as a serious problem for his “Everett (?) theory” – the historic predecessor of MBM – is discussed. I argue that Barbour’s time capsule approach does not provide a satisfactory solution. In particular, his adopting a more than minimal psychophysical parallelism between brain processes and experience of macroscopic change is argued to be reasonable in light of our current best neuroscience, yet problematic for theories relying solely on time capsules, understood as highly structured, individual, internally static configurations. As a solution, I introduce worlds, and world histories, as key concepts in providing a link between MBM’s micro dynamics and macroscopic phenomena. Worlds, other than time capsules, are coarse-grained regions in phase- or configuration space, defined as sets of possible micro states satisfying a relation of sufficient similarity from a macroscopic perspective, with respect to a given micro state. Hence, worlds may overlap. -/- I argue that worlds thus construed are a reasonable option for replacing the disjoint macro regions of phase space, resulting from the usual way of partitioning phase space in the standard framework of Boltzmannian statistical mechanics. This move solves the issue of discontinuous change of macro variables upon the micro state crossing the boundary between different macro regions. -/- I adapt this move for MBM’s discontinuous micro dynamics in configuration space. Issues revolving around the microscopic-macroscopic distinction, particle identity, impenetrability and haecceity in light of the desideratum of particle number conservation, etc., are discussed. I provide a detailed explanation of how overlapping worlds in MBM form world histories, thereby linking up macroscopically distinct worlds. Thus, the problem of temporal solipsism is resolved in a way that is compatible with a more than minimal psychophysical parallelism. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...) Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

In this Article I argue that the citizenship status of Israel’s Palestinian citizens has been eroding since the "events" of October 2000 and that, as a result, Israel, within its rpe-1967 borders, may be moving from a form of democracy that has been termed "ethnic democracy" towards a form of non-democratic state that has been termed "ethnocracy." My argument is based primarily on two legal documents: the new Citizenship and Entry into Israel Law, 2003, which denies Palestinian citizens the right (...) to unite with their closest family members who are residents of the Occupied Territories, and the decision of the High Court of Justice that upheld the constitutionality of this law in 2006. Two other developments that seem to support my thesis are analyzed as well: the "events" of October 2000 themselves and the report of the state commission of inquiry that investigated these events, and the plan, advanced by Yvette Lieberman and his political party, "Yisrael Beytenu," to shift the border between Israel and the West Bank westward, depriving tens of thousands of citizen-Palestinians of their Israeli citizenship. (shrink)

This chapter begins with an empirical analysis of attitudes towards the law, which, in turn, inspires a philosophical re-examination of the moral status of the rule of law. In Section 2, we empirically analyse relevant survey data from the US. Although the survey, and the completion of our study, preceded the recent anti-police brutality protests sparked by the killing of George Floyd, the relevance of our observations extends to this recent development and its likely reverberations. Consistently with prior studies, we (...) find that people’s ascriptions of legitimacy to the legal system are predicted strongly by their perceptions of the procedural justice and lawfulness of police and court officials’ action. Two factors emerge as significant predictors of people’s compliance with the law: (i) their belief that they have a (content-independent, moral) duty to obey the law (which is one element of legitimacy, as defined here); and (ii) their moral assessment of the content of specific legal requirements (‘perceived moral content of laws’). We also observe an interactive relationship between these two factors. At higher levels of perceived moral content of laws, felt duty to obey is a better predictor of compliance. And, similarly, perceived moral content of laws is a better predictor of compliance at higher levels of felt duty to obey. This suggests that the moral content incorporated in specific laws interacts with the normative force people ascribe to legal authorities by virtue of other qualities, specifically here procedural justice and lawfulness. In Section 3, the focus shifts to a philosophical analysis, whereby we identify a parallel (similarly interactive) modality in the way that form and content mutually affect the value of the rule of law. We advocate a distinctive alternative to two rival approaches in jurisprudential discourse, the first of which claims that Lon Fuller’s eight precepts of legality embody moral qualities not contingent on the law’s content, while the second denies any independent moral value in these eight precepts, viewing them as entirely subservient to the law’s substantive goals. In contrast, on the view put forward here, Fuller’s principles possess (inter alia) an expressive moral quality, but their expressive effect does not materialise in isolation from other, contextual factors. In particular, the extent to which it materialises is partly sensitive to the moral quality of the law’s content. (shrink)

The advent of Generative AI, particularly through Large Language Models (LLMs) like ChatGPT and its successors, marks a paradigm shift in the AI landscape. Advanced LLMs exhibit multimodality, handling diverse data formats, thereby broadening their application scope. However, the complexity and emergent autonomy of these models introduce challenges in predictability and legal compliance. This paper analyses the legal and regulatory implications of Generative AI and LLMs in the European Union context, focusing on liability, privacy, intellectual property, and cybersecurity. It examines (...) the adequacy of the existing and proposed EU legislation, including the Artificial Intelligence Act (AIA), in addressing the challenges posed by Generative AI in general and LLMs in particular. The paper identifies potential gaps and shortcomings in the EU legislative framework and proposes recommendations to ensure the safe and compliant deployment of generative models. (shrink)

In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ rule emerges as (...) more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)

Schiller was one of many early post-Kantians who wrestled with Kant’s doctrine of radical evil, a doctrine that continues to puzzle commentators today. Schiller’s own explanation of why we are prone to pursue happiness without restriction is, I argue, subtle and multilayered: it offers us a new genealogy of reflective agency, linking our tendency to egoism to the first emergence of reason within human beings. On the reading I defend, our drive for the absolute does not lead us directly to (...) moral autonomy; rather, it misleads us to seek the absolute in the field of our own impulses and inclinations. However, since this detour is the result of cognitive error, it involves no willful subordination of the moral law to self-love, and so nothing that bears the guilt of evil. (shrink)

This paper uses the evolutionary frame provided by the Victorian jurist Henry Sumner Maine to describe the process by which trust can be seen as the product of a gradual development that starts with small-scale communities and later allows market exchanges to develop themselves. I also argue, using the work of Elinor Ostrom (1990), that trust emerges first within small-scale communities, where first- and second-degree collective action problems need to be resolved. The development of a social disposition to trust is (...) closely linked with an institutional context that encourages individuals to take the externalities of their actions into account. This is made possible by customary mechanisms, as the development of social trust at this stage cannot rely on a mighty “Leviathan”. Therefore, this paper questions the claim that social trust is the product of market exchanges. Market exchanges might favor the further growth of social trust, hands in hands with the right institutional frame. However, this growth is not just the transposition of a previously acquired disposition to trust. The work of Henry Sumner Maine interestingly underlines the importance of the co-development of institutions and trust, from its origin in small communities to its expansion to market exchanges. Both Ostrom’s and Maine’s perspectives underline the fact that trust and trustworthiness are complementary and question a-rational perspectives on trust. This paper also elaborates on the claim, coming from the literature on contract law, that focusing on sanctioning mechanisms can be highly counterproductive. (shrink)

The enigma of the Emergence of Natural Languages, coupled or not with the closely related problem of their Evolution is perceived today as one of the most important scientific problems. The purpose of the present study is actually to outline such a solution to our problem which is epistemologically consonant with the Big Bang solution of the problem of the Emergence of the Universe}. Such an outline, however, becomes articulable, understandable, and workable only in a drastically extended epistemic and scientific (...) oecumene, where known and habitual approaches to the problem, both theoretical and experimental, become distant, isolated, even if to some degree still hospitable conceptual and methodological islands. The guiding light of our inquiry will be Eugene Paul Wigner's metaphor of ``the unreasonable effectiveness of mathematics in natural sciences'', i.e., the steadily evolving before our eyes, since at least XVIIth century, ``the miracle of the appropriateness of the language of mathematics for the formulation of the laws of physics''. Kurt Goedel's incompleteness and undecidability theory will be our guardian discerner against logical fallacies of otherwise apparently plausible explanations. John Bell's ``unspeakableness'' and the commonplace counterintuitive character of quantum phenomena will be our encouragers. And the radical novelty of the introduced here and adapted to our purposes Big Bang epistemological paradigm will be an appropriate, even if probably shocking response to our equally shocking discovery in the oldest among well preserved linguistic fossils of perfect mathematical structures outdoing the best artifactual Assemblers. (shrink)