The distinction between the mental operations of abstraction and exclusion is recognized as playing an important role in many of Descartes’ metaphysical arguments, at least after 1640. In this paper I first show that Descartes describes the distinction between abstraction and exclusion in the early Rules for the Direction of the Mind, in substantially the same way he does in the 1640s. Second, I show that Descartes makes the test for exclusion a major component of the method (...) proposed in the Rules. Third, I argue that in Rule 14 the exclusion-abstraction distinction is connected to a theory of distinctions, which includes a notion of real distinction as essentially tied to the imagination. This sheds light on Descartes’ development in and after the Rules. (shrink)

What makes paternalism wrong? I give an indirect answer to that question by challenging a recent trend in the literature that I call the exclusionary strategy. The exclusionary strategy aims to show how some feature of the paternalizee’s normative situation morally excludes acting for the paternalizee’s well-being. This moral exclusion consists either in ruling out the reasons for which a paternalizer may act or in changes to the right-making status of the reasons that (would) justify paternalistic intervention. I argue (...) that both versions of the exclusionary strategy fail to explain the wrongness of paternalism and that they struggle to accommodate the mainstream view that paternalism is only pro tanto wrong. Their failure consists either in being implausibly strong expressions of antipaternalism or in struggling to spell out the scope of exclusion in an uncomplicated way. After discouraging this exclusionary strategy, I suggest we can capture what is appealing about it—as well as avoiding its pitfalls—by sketching a philosophical model in which we compare the weights of reasons for and against paternalistically interfering. To precisify this sketch, I introduce some conceptual tools from the literature on practical reasoning—in particular, the concept of modifiers—and suggest that these tools offer a better starting point for figuring out what makes paternalism (pro tanto) wrong. (shrink)

Abstract: In The Imaginary Jean-Paul Sartre makes what will strike many as an implausibly strong claim, namely that perception and imagination are incompatible kinds of experience - I call this the exclusion claim. This paper offers a reconstruction of Sartre’s exclusion claim. First, it frames the claim in terms of cross-modal attention distribution, such that it is not possible to simultaneously attend to what one is imagining and what one is perceiving. However, this leaves it open that a (...) subject can simultaneously imagine and perceive on the condition that either the perceived or imagined objects are not attended to. While this is a philosophically plausible position it fails to do justice to Sartre’s intended position, which suggests a more radical exclusion between perception and imagination. In light of this section 3 develops a supplementary argument to remove one of the possible configurations of attention that the ban on divided attention leaves in place by arguing that the objects of imagining must be attended to, which follows from Sartre’s characterisation of imagination as spontaneous. The resulting exclusion is as follows: attentive perception excludes imagination (and vice versa), given that the latter is necessarily attentive, but attentive imagination can co-occur with non-attentive or background perception (in this sense the exclusion is asymmetric in a way that Sartre fails to recognise). In concluding I detail how from this exclusion we get an important consequence – which Sartre wants the exclusion claim to have – namely that it rules out an imagination-based solution to the problem of perceptual presence. (shrink)

Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...) termination- of commercial agency according to the Jordanian law. The article is divided into four sections. Section two explains the general rules governing commercial agency in Jordan. Section three analyzes exclusivity of commercial agents. This section introduces the WTO's General Agreement on Trade in Services (GATS), the basic instrument covering trade in services, and analyses the current commercial agencies regulation in Jordan and its relation to articles VIII and IX of GATS. Also, section two explores Jordan schedule of specific commitments under the GATS in order to shed light on the extent and limit of its obligations with regard to commercial agents. Section four discusses agency termination. Finally, the article concludes by summarizing the main. (shrink)

Pufendorf makes a clear distinction between the physical constitution of human beings and their value as human beings, stressing that the latter is justified exclusively by the regular use of the free will. According to Pufendorf, the regular use of free will requires certain inventions (divine as well as human) imposed on the free will and called moral entities. He claims that these inventions determine the moral quality of a human being as well as the standards according to which human (...) beings and their actions are able to be judged. This article examines the normative aspects of Pufendorf’s concepts of moral value and moral estimation in regard to the epistemological question of the accessibility of moral entities for human beings. In the first part, it reconstructs Pufendorf’s doctrine of moral entities and the place of moral estimation in this doctrine. In the second part, it presents Pufendorf’s account of the moral philosophy as a science in order to explain his theory of moral normativity as imposed, and the role of a person in regard to the own moral status. In the last part, it illustrates some consequences in regard to the problem of slavery in Pufendorf. (shrink)

Paul Cilliers has developed a novel post-structural approach to complexity that has influenced several writers contributing to the current complexity literature. Concomitantly however, Cilliers advocates for modelling complex systems using connectionist neural networks (rather than analytic, rule-based models). In this paper, I argue that it is dilemmic to simultaneously hold these two positions. Cilliers’ post-structural interpretation of complexity states that models of complex systems are always contextual and provisional; there is no exclusive model of complex systems. This sentiment however (...) appears at odds with Cilliers’ promotion of connectionist neural networks as the best way to model complex systems. The lesson is that those who currently follow Cilliers’ post-structural approach to complexity cannot also develop a preferred model of complex systems, and those who currently advocate for some preferred model of complex systems cannot adopt the post-structural approach to complexity without giving up the purported objectivity and/or superiority of their preferred model. (shrink)

In Everettian quantum mechanics, justifications for the Born rule appeal to self-locating uncertainty or decision theory. Such justifications have focused exclusively on a pure-state Everettian multiverse, represented by a wave function. Recent works in quantum foundations suggest that it is viable to consider a mixed-state Everettian multiverse, represented by a (mixed-state) density matrix. Here, we develop the conceptual foundations for decoherence and branching in a mixed-state multiverse, and extend the standard Everettian justifications for the Born rule to this (...) setting. This extended framework provides a unification of 'classical' and 'quantum' probabilities, and additional theoretical benefits, for the Everettian picture. (shrink)

This thesis is an interrogation of the viability of transitive production, which I associate with the Aristotelian term hylomorphic. The central axiom of hylomorphic production that will be targeted for critique is that the agent of production must be distinguished absolutely from the product. The thesis follows the thought of production primarily-but not exclusively-in its characteristically modem instantiation in the Kantian transcendental. The argument seeks to demonstrate that the productive aspect of the operator of transitive production is incompatible with the (...) transcendental element, and that Kant was himself increasingly aware of this problem. The Third Critique, under the rubric of an aesthetics, it will be argued, manifests this awareness in its problematic of a manifold of empirical laws. That this constitutes a difficulty for transcendent idealism means that the transcendental operators of the First Critique have failed to constitute experience in a relevant and important way. Furthermore, it is possible to see in some of the famous slogans of the Third Critique, an indication of another mode of production which is immune to the difficulties of the axiom of transitive production. In conclusion I suggest that the consequences of this new mode of intransitive production, associated with materiality, is destructive of the thought of the axiomatic otherworldliness of production operators. Production is not operated at all. Some suggestions are then made as to the explanation of the error embodied in the axiom of transitivity. (shrink)

Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative evidence. (...) Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

The purpose of this paper is to address a well-known dilemma for physicalism. If mental properties are type identical to physical properties, then their causal efficacy is secure, but at the cost of ruling out mentality in creatures very different to ourselves. On the other hand, if mental properties are multiply realizable, then all kinds of creatures can instantiate them, but then they seem to be causally redundant. The causal exclusion problem depends on the widely held principle that realized (...) properties inherit their causal powers from their realizers. While this principle holds for functional realization, it fails on a broader notion of realization that permits the realization of complex qualitative properties such as spatial and temporal patterns. Such properties are best seen as dependent powerful qualities, which have their causal roles in virtue of being the qualities they are, and do not inherit powers from their realizers. Recent studies have identified one such property—neural synchrony—as a correlate of consciousness. If synchrony is also partially constitutive of consciousness, then phenomenal properties are both multiply realizable and causally novel. I outline a version of representationalism about consciousness on which this constitution claim holds. (shrink)

Wittgenstein's discussion of rule-following is widely regarded to have identified what Kripke called "the most radical and original sceptical problem that philosophy has seen to date". But does it? This paper examines the problem in the light of Charles Peirce's distinctive "scientific hierarchy". Peirce identifies a phenomenological inquiry which is prior to both logic and metaphysics, whose role is to identify the most fundamental philosophical categories. His third category, particularly salient in this context, pertains to general predication. Rule-following (...) scepticism, the paper suggests, results from running together two questions: "How is it that I can project rules?", and, "What is it for a given usage of a rule to be right?". In Peircean terms the former question, concerning the irreducibility of general predication (to singular reference), must be answered in phenomenology, while the latter, concerning the difference between true and false predication, is answered in logic. A failure to appreciate this distinction, it is argued, has led philosophers to focus exclusively on Wittgenstein's famous public account of rule-following rightness, thus overlooking a private, phenomenological dimension to Wittgenstein's remarks on following a rule which gives the lie to Kripke's reading of him as a sceptic. (shrink)

What should we do when faced with powerful theoretical arguments that support a severe change in our personal beliefs and commitments? For example, what should new parents do when confronted by unanswered anti-natalist arguments, or two lovers vexed by social theory that apparently undermines love? On the one hand, it would be irrational to ignore theory just because it’s theory; good theory is evidence, after all. On the other hand, factoring in theory can be objectifying, or risks unraveling one's life, (...) fracturing one's identity or social relations. Sometimes, then, following the evidence where it apparently leads would mean not merely changing what we think but who we are. Some might say that there’s something right about the thought that theory can bear on what we ought to believe, it’s just that when we work with full beliefs, only then do we seriously risk having to substantially alter our doxastic economy when pressed by exceptional theoretical arguments. When we work with partial beliefs, however, this risk is greatly diminished. Others will say that we can advocate or champion revisionary positions whilst rationally retaining our pre-theoretical personal convictions. Still others will argue that we should adopt a Moorean posture towards the revisionary arguments. I argue that each response is inadequate, and argue instead that we are permitted to bracket certain kinds of theoretical evidence against our beliefs because of the personal and ethical risks born out of giving them serious consideration. In turn, some of philosophy's doxastic influence is constrained by its attendant ethical risks: the personal enjoys a partial insulation from the theoretical. I close by addressing what this means for practicing philosophers. (shrink)

Due to Gӧdel’s incompleteness results, the categoricity of a sufficiently rich mathematical theory and the semantic completeness of its underlying logic are two mutually exclusive ideals. For first- and second-order logics we obtain one of them with the cost of losing the other. In addition, in both these logics the rules of deduction for their quantifiers are non-categorical. In this paper I examine two recent arguments –Warren (2020), Murzi and Topey (2021)– for the idea that the natural deduction rules for (...) the first-order universal quantifier are categorical, i.e., they uniquely determine its semantic intended meaning. Both of them make use of McGee’s open-endedness requirement and the second one uses in addition Garson’s (2013) local models for defining the validity of these rules. I argue that the success of both these arguments is relative to their semantic or infinitary assumptions, which could be easily discharged if the introduction rule for the universal quantifier is taken to be an infinitary rule, i.e. non-compact. Consequently, I reconsider the use of the ω-rule and I show that the addition of the ω-rule to the standard formalizations of first-order logic is categorical. In addition, I argue that the open-endedness requirement does not make the first-order Peano Arithmetic categorical and I advance an argument for its categoricity based on the inferential conservativity requirement. (shrink)

Many commentators lament that American democracy is in crisis. It is becoming a system of minority rule, wherein a party with a minority of the nationwide vote can control the national government. Partisan gerrymandering in the House of Representatives fuels this crisis, as does the equal representation of small and large states in the Senate. But altering these features of the legislature would not end minority rule. Indeed, it has long been held that majority rule cannot be (...) guaranteed within any district system, as a minority of voters nationwide can be efficiently distributed such that a minority party wins a majority of districts by narrow margins. -/- This Article offers a way to save majority rule. Since the way a party can gain control of the legislature with a minority of the vote is to win a majority of districts by narrow margins of victory and lose a minority of districts by large margins of victory, the solution is to make margins matter. Hence, this Article proposes that we preserve electoral districts in which the candidate with the most votes wins, while making the weight of their vote in the legislature (a representative’s “legislative power”) a function of margins of victory. The first goal of this Article is to outline how this proposal, which I call “weighted voting by margin of victory” (WVMV), retains the democratic virtues of district systems while ending minority rule. This is the first basis for the democratic imperative to make margins matter. -/- There is, however, a second basis for that same imperative, which turns on the political equality of voters. The U.S. Supreme Court has long held that the democratic equality should be understood in terms of equal voting power (one person, one vote). But when margins of victory don’t matter, the power of a vote lies exclusively in its potential decisiveness. A vote that changes the margin of victory without changing the victor is “wasted”. But it is an electoral reality that votes in competitive districts are more likely to be decisive, and votes in uncompetitive districts are more likely to be wasted; as a result, candidates and parties are more responsive to some voters than others. So voters are not political equals. They do not have equal voting power, except in an empty formalistic sense. By contrast, WVMV gives votes a second type of power. The power of a vote is to potentially decide who wins and to actually change the legislative power of the victor. Each vote, in effect, transfers a unit of political power to a democratic representative. This “transference” power can be meaningfully equalized between voters. A voter in an uncompetitive district is far less likely to change who wins, but is equally able to change the margin of victory, such that their vote is no longer wasted. This gives candidates and parties a strong reason to be more equally responsive to all voters who can change the margins. Hence, there is a democratic imperative to make margins matter, in order to give voters a meaningfully equal form of voting power. -/- The final goal of this Article is to explain how we can implement WMVM in modern democracies, focusing on three particularly challenging cases: the U.S. Senate, the Parliament of the United Kingdom, and the U.S. House of Representatives. These cases are challenging for several reasons, the most pertinent of which turn on the ways we should understand margins of victory when electorates are of unequal sizes (as in the U.S. Senate) or are contested by more than two parties (as in the U.K.) or are conducted under different voting procedures (as in many districts in the U.S. House). I argue that WVMV should be considered feasible in such contexts, and hence offers a practical, rather than purely theoretical, alternative to the status quo. (shrink)

This article examines Bolzano’s aesthetic cognitivism. It argues that, while reminiscent of German rationalist aesthetics and hence potentially appearing rigid and outdated, Bolzano’s version of cognitivism is, in fact, highly innovative and more flexible than the cognitivism championed by the rationalists. He imports from the rationalists the idea that aesthetic appreciation and creation are rule-governed, yet does not construe rule-following and engaging in free aesthetic activities as mutually exclusive. Furthermore, thanks to his nuanced treatment of the interaction between (...) aesthetic values and other types of values, Bolzano’s aesthetic cognitivism presents a fresh alternative to contemporary versions of aesthetic cognitivism. (shrink)

This book manuscript, entitled United Nations Human Rights Ethics: For The Greatest Success of the Greatest Number, critically examines most all major normative ethical theories since Socrates and finds Roman Stoic ethics to be the least deficient. It divides ethical theories into popular ones with little academic support, other popular ones that have had such support, and Kantian ethics standing alone as a philosopher's academic ethical philosophy with limited popular support. It criticizes the appropriation of human rights by the international (...) law profession to the exclusion of moral philosophy, despite the origin of "human rights" in the moral philosopher Rousseau. It blames the inability of moral philosophers to reach a professional consensus on the elements of normative ethics, not the legal profession. It laments both the failure of human rights education to human beings everywhere as requested by the Universal Declaration and the decline in popular support for human rights in favor of nationalism in current history since 2015. It advocates a way of redirecting human right education to people on the ground rather than mainly to law students. Such education has been overtaken by the Rule of Law movement fighting high crimes crimes against humanity unanticipated by the Universal Declaration. It argues for a way for ethicists to get on the same page in teaching elements in ethics and argues forcefully for a positive method for popular human rights education as well as for human rights-based elementary ethical theory. (shrink)

Reading Kripke's "Wittgenstein on Rules and Private Language", at first one can easily get confused about his claim that the problem discovered was a sort of ontological skepticism. Contrary to the opinion of a great number of contemporary philosophers who hold that rule-following brings up merely epistemological problems I will argue that the scepticism presented by Kripke really is ontological because it is concerned with the exclusion of certain facts. The first section in this paper is dedicated to (...) a presentation of Kripke's paradox with a clarification of the position of "plus/quus-talk" in the argument. Section two is engaged in one of his classical direct solutions: the dispositional theory which will serve as a preparation for the last section. Section three is concerned with Kripke's solution to the skeptical problem, ending with the question of whether he is giving a real solution. In section four, I will try to give an answer to those questions, distinguishing between two different versions of the problem given by the paradox; a wrong one and a correct one. Readers who are really fed up with the sceptical problem and its sceptical solution can skip section one, two and three, concentrating instead on my own argument for the real nature of the problem. In section five, I will pick up on some ideas from Norwich, who tries to give a "straight solution" to the paradox reanimating some weaker version of a dispositional theory of meaning. I will argue that Horwich's solution is misleading because he aims at the wrong version of the paradox. (shrink)

Having assigned experience this exclusive role in justification, empiricists then have a range of views concerning the character of experience, the semantics of our claims about unobservable entities, the nature of empirical confirmation, and the possibility of non-empirical warrant for some further class of claims, such as those accepted on the basis of linguistic or logical rules. Given the definitive principle of their position, empiricists can allow that we have knowledge independent of experience only where what is known is not (...) some objective fact about the world, but something about our way of conceptualizing or describing things. Some empiricists say we have knowledge of verbal equivalences or trivialities; some argue that any non-empirical tenets are not even properly called knowledge, but should be seen as notions accepted on pragmatic rather than properly epistemic grounds. What no empiricist will allow is substantive a priori knowledge: according to empiricism we have no pure rational insight into real necessities or the inner structure of nature, but must rely on the deliverances of our senses for all of our information about external reality. Some versions of empiricism argue against the very notion of real necessities or metaphysical structure behind the phenomena; other versions take a more agnostic approach, arguing that if there is a metaphysical structure behind the phenomena it is either out of our epistemic reach, or known only to the extent that it can be grasped through experience, rather than through rational reflection. (shrink)

The causal closure of the physical poses a familiar causal exclusion problem for the special sciences that stems from the idea that if closure is true, then fundamental physical properties do all the causal work involved in bringing about physical effects. In this paper I aim to show that the strongest causal closure principle that is not ruled out by some simple physics in fact allows for a certain kind of downward causation, which in turn makes room for robust (...) special science autonomy. I focus on the case of vector composition, arguing that it involves irreducibly multilevel causation. To give a complete causal explanation of what goes on in cases that involve the effects of multiple forces, we need to appeal not only to the fundamental properties that generate those forces, but also to geometric properties that determine how multiple vectors compose. However, if all the causal work involved in such cases were due to fundamental physical properties, there would be a one-level explanation available. Hence, I argue, it cannot be the case that fundamental physical properties do all the causal work. The extra causal work, I suggest, comes from the fact that the causal powers bestowed by fundamental physical properties have irreducibly geometric manifestation conditions. I defend the resulting form of downward causation as a solution to the problem of special science autonomy, and discuss two potential accounts of its source, in terms of the debate between kinematic and dynamic theories of the origins of spacetime symmetries. (shrink)

A common explanatory error in science concerns the conflation of the epistemological roles between two domains. Here we will address a specific case: when explanations of development replace evolutionary explanations or vice versa. Ernst Mayr famously distinguished between proximate and ultimate causal explanations in biology. His view was central to the Modern Synthesis’ exclusion of development from evolutionary theory. Nonetheless, the explanatory role of developmental processes in evolution is a central theme in current theoretical biology which has prompted several (...) revisions of Mayr’s distinction. Here we will review these reviewers to determine whether the integration of development and evolution is based on an appropriate reinterpretation of Mayr’s distinction. In many cases, revisionists suggest an interactionist alternative, in which proximate and ultimate causes interact to produce evolved traits. The most frequent interactionist account relies on the idea of reciprocal causation. We will argue that this perspective is still problematic and that the boundaries between explanatory domains are crossed. Instead, we should rethink Mayr’s distinction by adopting an alternative view of evolutionary causation, the so-called Statisticalist view, which maintains that the only level of causation is the individual level. By ruling out two different levels of causation, this framework is appropriate to avoid fallacious explanations and reconsider reciprocal causation entirely as a proximate phenomenon. We introduce the concept of “statistical reciprocity” to explain the statistical effects of reciprocal causality in populations and outline some ideas of “population ontogenetics” as a prominent framework for unifying development and evolution beyond interactionist positions. (shrink)

Cet article s’intéresse au problème de la maintenance, c’est-à-dire au moment où les membres d’un collectif social tentent d’assurer dans le temps l’existence de leur collectif en instituant des règles pour réguler leurs comportements. Ce problème se pose avec acuité lorsque certains membres ne respectent pas ces règles communes. Pour maintenir la coopération sociale, les membres peuvent décider d’instituer des règles secondaires visant à sanctionner les transgressions des règles primaires déjà établies. La maintenance d’un collectif peut ainsi reposer sur l’émergence (...) de pouvoirs déontiques qui donnent aux membres l’autorité de légitimement punir et expulser les transgresseurs. Mais d’où viennent ces règles ? On peut penser qu’elles émergent des émotions éprouvées par les membres envers les transgresseurs. Je le démontre à l’aide d’une étude de cas qui établit que, dans le collectif Occupy Geneva, l’institutionnalisation de normes pour punir, exclure et réintégrer les déviants s’ancraient respectivement dans l’indignation, le mépris et le pardon. -/- This article focuses on the problem of maintenance; that is the moment when the members of a social collective attempt to ensure the existence of their collective over time by instituting rules to regulate their behavior. This problem becomes critical when certain members do not respect the common rules. To maintain social cooperation, members can decide to institute secondary rules aimed at sanctioning the transgressions of the already established primary rules. The maintenance of a collective can thus rely on the emergence of deontic powers that give members the authority to legitimately punish and expel transgressors. But where do these rules come from? The hypothesis is that they emerge from the emotions felt by the members towards the transgressors. I show this with the help of a case study, which establishes that the institutionalization of norms allowing the punishment, the exclusion, and the reintegration of deviants within the “Occupy Geneva” collective, was grounded in indignation, contempt, and forgiveness respectively. (shrink)

In this article, I argue that stability is one of the enabling conditions for epistocratic arrangements to function well and justify their claim right to rule. Against this backdrop, I demonstrate that advocates of strategies to allocate exclusive decision-making power to knowledgeable citizens fail to demonstrate that in a context marked by the fact of pluralism, liberal epistocracies will be stable. They could argue that liberal epistocracies will be stable because epistocratic arrangements are better equipped than democratic decision-making bodies (...) to produce outcomes that approximate the common good. They could argue that liberal epistocracies will be stable because there is a shared meritocratic set of values and ideas. Furthermore, they could opt for two standard liberal strategies, such as overlapping consensus and modus vivendi. Yet, in all cases, the argument for the stability of liberal epistocracies is not persuasive. (shrink)

Luck egalitarians think that considerations of responsibility can excuse departures from strict equality. However critics argue that allowing responsibility to play this role has objectionably harsh consequences. Luck egalitarians usually respond either by explaining why that harshness is not excessive, or by identifying allegedly legitimate exclusions from the default responsibility-tracking rule to tone down that harshness. And in response, critics respectively deny that this harshness is not excessive, or they argue that those exclusions would be ineffective or lacking in (...) justification. Rather than taking sides, after criticizing both positions I also argue that this way of carrying on the debate – i.e. as a debate about whether the harsh demands of responsibility outweigh other considerations, and about whether exclusions to responsibility-tracking would be effective and/or justified – is deeply problematic. On my account, the demands of responsibility do not – in fact, they can not – conflict with the demands of other normative considerations, because responsibility only provides a formal structure within which those other considerations determine how people may be treated, but it does not generate its own practical demands. (shrink)

The question of the rationality of conspiratorial belief ¬divides philosophers into mainly two camps. The particularists believe that each conspiracy theory ought to be examined on its own merits. The generalist, by contrast, argues that there is something inherently suspect about conspiracy theories that makes belief in them irrational. Recent empirical findings indicate that conspiratorial thinking is commonplace among ordinary people, which has naturally shifted attention to the particularists. Yet, even the particularist must agree that not all conspiracy belief is (...) rational, in which case she must explain what separates rational from non-rational conspiratorial thinking. In this paper, I contrast three strategies to this end: 1) the probabilistic objectivist, who assesses the objective probability of conspiracies; 2) the subjectivist, who rather focuses on the perspective of the believer, and typically views the decision to believe in a conspiracy as a problem of decision making under risk. Approaches 1) and 2) rely on assessments of the probability of conspiracy which, I argue, limits their applicability. Instead, I explore 3) viewing the problem facing the potential believer as a decision problem under uncertainty about probabilities. I argue, furthermore, that focusing solely on epistemic utilities fails to do justice to the particular character of conspiracy beliefs, which are not exclusively epistemically motivated, and I investigate the rationality of such beliefs under a number of standard decision rules. (shrink)

Is there a notion of contradiction—let us call it, for dramatic effect, “absolute”—making all contradictions, so understood, unacceptable also for dialetheists? It is argued in this paper that there is, and that spelling it out brings some theoretical benefits. First it gives us a foothold on undisputed ground in the methodologically difficult debate on dialetheism. Second, we can use it to express, without begging questions, the disagreement between dialetheists and their rivals on the nature of truth. Third, dialetheism has an (...) operator allowing it, against the opinion of many critics, to rule things out and manifest disagreement: for unlike other proposed exclusion-expressing-devices (for instance, the entailment of triviality), the operator used to formulate the notion of absolute contradiction appears to be immune both from crippling expressive limitations and from revenge paradoxes—pending a rigorous nontriviality proof for a formal dialetheic theory including it. (shrink)

This paper provides an examination of some problems caused by the concentration of influence in the capital markets of developed countries. In particular, I argue that large asset managers exercise quasi-political power that is not democratically legitimate. In section two, I will examine the economic driver behind the size and power of the big asset managers: the passive investing revolution. I will discuss several respects in which this revolution has fundamentally changed capital markets, most notably by making a large share (...) of investors universal owners. In the third section, I argue for my central analytical conjecture: asset managers exercise quasi-political power. They use their influence to shape the rules of the game in public capital markets in order to implement social and environmental policies that have traditionally been the exclusive purview of states. “Asset manager capitalism” is a recent term coined to refer to the contemporary system of corporate governance that succeeded the Berle and Means corporation with its dispersed ownership; the argument of this section is that asset manager capitalism is also a new political-economic regime. In the fourth section I defend my central normative claim: asset manager capitalism is an untenable and illegitimate political-economic arrangement, for at least two reasons. First, the power of asset managers is not checked by any institutional constraints, and is not rendered legitimate by any democratic process. More fundamental than this procedural critique is an argument that the interests of asset managers could not be aligned with the public interest, given the fact that the distribution of capital is highly unequal. I conclude by discussing several proposals to reform asset manager capitalism. (shrink)

In the aftermath of World War II, U.S. policy toward the Asian colonies of the European powers followed a simple rule: where the nationalists in a territory were leftist (as in Vietnam), Washington would support the reimposition of European colonial rule, while in those places where the nationalist movement was safely nonleftist (India, for example), Washington would support their independence as a way to remove them from the exclusive jurisdiction of a rival power. At first, Indonesian nationalists were (...) not deemed sufficiently pliable, so U.S.-armed British troops (assisted by Japanese soldiers) went into action against the Indonesians to pave the way for the return of Dutch troops, also armed by the United States. In 1948, however, moderate Indonesian nationalists under Sukarno crushed a left-wing coup attempt, and Washington then decided that the Dutch should be encouraged to settle with Sukarno, accepting Indonesian independence. (shrink)

Among the most controversial aspects of Aristotle’s philosophy is his endorsement of slavery. Natural slaves are excluded from political citizenship on ontological grounds and are thus constitutively unable to achieve the good life, identified with the collective cultivation of logos in the polis. Aristotle explicitly acknowledges their humanity, yet frequently emphasizes their proximity to animals. It is the latter that makes them purportedly unfit for the polis. I propose to use Agamben’s theory of the anthropological machine to make sense of (...) this enigmatic exclusion and suggest a new conception of the good life and community detached from political rule. Aristotle’s distinction between humans and animals condemns slaves to bare life, but also reveals an opportunity for an inoperative form-of-life. (shrink)

How could a philosopher who insists on the exclusion of women from citizenship and state office by virtue of their insuperable weakness be an inspiration for feminism? The puzzles over Spinoza’s egalitarian credentials pose a problem particularly if one understands feminism primarily or exclusively as a demand for equality with men. When feminism is seen as a subcategory of Enlightenment commitments, one may choose to see Spinoza’s misogyny as superficial and as a betrayal of the radical potential of the (...) egalitarianism yielded by his metaphysics. But if feminism is not understood exclusively as one strand of late modern orthodoxy, we might better understand the surprising companionship of Spinoza and feminism. Indeed, Moira Gatens finds the heterodoxy of Spinoza’s thinking with respect to the ruling ideas today to be what is most valuable for feminism. Feminist Spinozism does not add to the chorus of praise for egalitarianism, secular politics, or the authority of reason in contrast to power. The Spinozist feminism pioneered by Moira Gatens and Genevieve Lloyd finds resources precisely in Spinoza’s challenges to late modern common sense, including perhaps especially an ethics and politics grounded in the givenness of human equality. (shrink)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)

The paper explores Burke’s twofold solution to the paradox of negative emotions. His Philosophical Enquiry (1757/59) employs two models that stand on different anthropological principles: the Exercise Argument borrowed from authors like the Abbé Du Bos, guided by the principle of self-preservation, and the Sympathy Argument, propageted by notable men of lettres such as Lord Kames, ruled by the principle of sociability. Burke interlocks these two arguments through a teleologically-ordered physiology, in which the natural laws of the human body and (...) mind, secretly working in the depth of the nerve fibres, ensure both self-preservation and sociability. Utilizing both efficient and final causes throughout his Enquiry, Burke argues that the experiences of pain and terror – under certain conditions – are made agreeable (delight) by providence,so that the physiological mechanisms underlying these experiences could ensure the health and strenuousness of the nerve fibres amidst the corrupting pleasures of commercial society (Exercise Argument). Furthermore, due to the ambiguous character of this delight annexed to such experiences, they also function as exercises for our social passions (Sympathy Argument). Te 'egoistic' anthropological drive to remove the visceral uneasiness that dominates these experiences facilitates moral action when it is needed the most: when others in pain need our help. In accordance with the anthropocentric providentialism of the moderate Enlightenment, it is the design of the human frame that ensures the activities essential to our health (self-preservation) and moral conduct (sociability), a design that not only guarantees that pleasure, if exclusive and excessive, is 'inconvenient', and pain, if mitigated and harmless, is aesthetically agreeable, but also that our 'egoistic' drive to self-preservation ultimately improves sociability. (shrink)

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

In the last forty years there has been a resurgence of interest in moral dilemmas—situations in which through no fault of a person’s own, he or she is morally required to do one thing, required to do another, but cannot do both. Some prominent figures have argued that such things could be. Opponents have marshaled several anti-dilemma arguments in response. For the most part, this debate has centered on issues in metaethics. Those metaethical questions are interesting, and resolving them could (...) (in principle, at least) settle the debate about moral dilemmas. However, this paper will show that this exclusive focus on metaethics has been a mistake. Both dilemma advocates and dilemma opponents have failed to recognize that the debate could also be settled by answering an important question in normative ethics: is it possible for there to be an absolute prohibition on allowing something to happen? If the answer is yes, then dilemmas are possible, and if the answer is no, then they are not. Furthermore, it will be argued that it is our instincts about this normative issue that truly shape our views on the dilemmas debate. After sorting out these issues, the paper argues that as yet there is no good reason to rule out the theory of dilemma advocates, and thus that the widespread rejection of moral dilemmas is not as well-founded as is often assumed. (shrink)

Joan McGregor argues that “colleges and universities should adopt as part of their core mission the development of skills of civil discourse” rather than engaging in the practice of restricting controversial speakers from making presentations on campuses. I agree with McGregor concerning the need for increased civil discourse. However, this does not mean universities should welcome speakers to publicly present any material they wish without restriction or oversight. In this paper, I make three main arguments: (i) Colleges and universities have (...) a duty to protect members of the campus community from the harm and exclusion resulting from hateful or harmful speech, in the same way that they must protect them from sexual assaults and concussions. (ii) In the vast majority of cases, this duty can be fulfilled by holding speakers to standards of discourse that prevail in academic debate, and insisting on a number of procedural requirements. (iii) We should be wary of conservative arguments framed in terms of free speech, because they can be deployed to undermine important functions of the university in a democratic society, namely, to teach students how to be discerning citizens, and to protect thinkers willing to be critical of the government and the ruling classes. (shrink)

This qualitative research aims to explore and unravel the theory of natural law within its Greek context and its influence on political thought, particularly addressing the need to counteract the damages of tyranny and the cyclical succession of regimes, as articulated by Plato. This study reveals that the concept of natural law predates Stoics and it is rooted within the pre-Socratic natural philosophy. The study exposes that Aristotelian ethics and politics are rooted in the concept of natural law, ultimately giving (...) rise to the Aristotelian "mixed form of government" and laying the groundwork for republicanism. In extending this inquiry, I attempt to identify a parallel argument in ancient Iran, investigating the presence of natural law and its impact on the political landscape. The concept of natural law, emphasizing the alignment of social and political affairs with nature's rules, played a significant role in shaping the Indo-Iranian communities. The Sanskrit term rta and its Avestan equivalent, Aša, denote this foundational concept. However, the ascendancy of Zoroastrianism and its new theology led to the consolidation of all Indo-Iranian gods into the singular omnipotent deity, Ahura Mazdā. Ahura Mazdā, along with its prophet Zaraθuštra, possessed the authority to govern both earthly life and the afterlife. The exclusive attributes of Ahu and Ratu empowered God and its messenger to formulate and enact laws ensuring a place in heaven. Consequently, Divine Law and positive law became intricately intertwined within a unified legal framework. This divine law, sanctioned by God and enforced by the King, diverges from the Greek perspective, particularly that of Aristotle, where tyranny is seen as a deviation from the ideal political order. In the Iranian context, tyranny is synonymous with God's representation, sharing the holiness and regal attributes of a King, who, in the Iranian and Avestan sense, enjoys God's blessing as Xvarənah or Faer-e Izadi. The intertwining of law and authority of the King precludes the possibility of an independent legal sovereignty apart from the King’s authority. The monotheistic tenets of Zaraθuštra’s religion, officially established in the 4th century AD as the Religion of the State, solidify this integrated system. Consequently, the coexistence of republicanism or any mixed form of government within Iran becomes unattainable under the influence of this monotheistic doctrine. (shrink)

Evidence for a Parmenidean influence on Plato’s Republic typically focuses on content from Bks. V-VI, and the development of Plato’s Theory of Forms. This essay aims to suggest that Plato’s censorship of poetic content in Bks. II-III—particularly the rules for portraying divine nature (376e-383c)—also draw heavily upon the Eleatic tradition, particularly Parmenides’s. Identifying this further Eleatic influence will be enhanced by my own reading of Parmenides. This reading advocates understanding Parmenides in a more Xenophanean-vein—i.e. by taking What-Is to be an (...) explication of the essential qualities of divine nature, and the overall poem as rejecting traditional, mythopoetic accounts of divinity. Recognizing this Eleatic influence on the censorship of poetic content, a tension arises. For Plato infamously censors poetic styles next, concluding that mimetic dialogue may only be rarely employed, and only then in imitation of virtuous persons and actions (392c-398b). This would entail banning all poetic works relying exclusively on mimetic dialogue. Yet, not only do Plato’s own dialogues entirely consist of mimetic dialogue, so does Parmenides’s proto-dialogue. Furthermore, by so closely imitating Parmenides’s thought and language in Republic, has not Plato himself engaged in a type of intellectual and compositional mίμησις? Just as it would be strange to ban the very dialogue (Republic) which outlines and justifies Kallipolis in the first place, it would also be troubling to ban a philosophical work (i.e. Parmenides’s poem) which Republic is so heavily indebted to. Such a ban would also seem strongly at odds with Plato’s general reverence for Parmenides. In an attempt to address these tensions, I suggest that in Republic II-III, Plato’s lack of concern for banning philosophical works along with mimetic poetry should further suggest that he intends the ban to be far narrower than it first appears: as a rejection of performative, rather than compositional, mίμησις. (shrink)

In this paper I defend a unified approach to knowledge and understanding. Both are achievements due to cognitive abilities or skills. The difference between them is a difference of aspects. Knowledge emphasizes the successful aspect of an achievement and the exclusion of epistemic luck, whereas understanding emphasizes the agent's contribution in bringing about an achievement through the exercise of one's cognitive skills. Knowledge and understanding cannot be separated. I argue against the claim that understanding is distinct from knowledge because (...) the former is compatible with environmental luck. Achievements rule out environmental luck because abilities can be exercised only in their proper environment. I also reject the intellectualist claim that understanding requires the ability to explain what one intends to understand. The understanding of an item is reflected in our ability to solve cognitive tasks using that item. The more tasks one can deal with by using an item, the deeper is one’s understanding of that item. Being able to explain why a claim holds is not necessary for possessing understanding, even though it may be necessary for accomplishing some very specific tasks. Neither understanding nor knowledge require any kind of second-order cognition by default. (shrink)

When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding a psychological (...) element to a regularity of behaviour can we speak of customary international law. That is, opinio juris performs a function of generating both legality and normativity of practices. -/- The article challenges this view by drawing on jurisprudential ideas that define practices as inherently normative. State practices are normative regardless of opinio juris, otherwise they are not practices at all. This view allows to differentiate between two instances of interpretation of customary international law. One is focused on clarification of the normative content of state practices, another is focusing on identification of these practices as legal ones. -/- Interpretation as clarification involves assessing structures of practical reasoning inherent in given practices. Drawing on Joseph Raz's theory of normativity, the article suggests that interpretation of customary rules implies establishing connections between first- and second-order reasons that form the practice and give it meaning. This entails that interpretation of customary international law focuses on dynamics of reasons, their inclusion and exclusion within an existing normative framework. That is, evolutive interpretation of customary international law is not only possible, it is inevitable. -/- Interpretation as identification does not focus on the normative content of practices, but rather involves showing that existing second-order reasons meet a threshold of legal validity. This threshold may take shape of opinio juris, but may as well be treated functionally, when legality of a practice is linked to its relevance in a broader set of legal practices. (shrink)

Neil Gorsuch lauds judges who purport to “apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be . . . .” It’s hard to see how such a form of Originalism withstands scrutiny. -/- First, using “reasonable reader” understandings rather than speaker meaning turns language and law on their heads. Audiences effectively become (...) the speakers in ordinary speech (since reader or audience meaning prevails), and audiences (and thus the ruled) effectively become the rulers when interpreting law (since audiences’ meaning prevails). -/- Second, since laws look forward to govern conduct, how can best legal practices keep such a backward focus? -/- Third, words (however understood by others at the time “originally” uttered) may or may not (depending on speaker and not reader meaning) signify concepts whose meanings embrace change over time. For example, the word “planet” used by a speaker before the discovery of Uranus and Neptune may or may not include further planets depending upon what the speaker meant by “planet.” (The same applies to the inclusion or exclusion of Pluto had the speaker used the word “planet” after the discovery of Pluto but before its exclusion by current science.) Unlike the “reasonable” reader of Gorsuch’s Originalism as phrased above, speakers run the gamut from reasonable to unreasonable, from informed to uninformed, and from thoughtful to thoughtless. -/- Fourth, to the extent a judge is principally “constrained” by a text or texts (as he may determine), by dictionaries that he chooses, and by “history” as the judge understands it, isn’t judicial activism encouraged rather than restrained? Talk of a “reasonable” reader masks the fact that there can be multiple “reasonable” conclusions of what a reasonable or unreasonable speaker meant. Is a judge not therefore left to pick definitions and applications of terms that accord with the judge’s understandings of history, understandings that may well be colored by the judge’s politics and judicial philosophy? This applies to principles as well as labels for things. Principles are also subject to multiple frames, and their terms are subject to multiple definitions therefore raising the very same questions just raised above. -/- Finally, such Originalism doesn’t merely fail with legal texts. It also fails when applied to other texts (including sacred texts such as the Ten Commandments) and when used to interpret art (such as “Landscape with the Fall of Icarus” often attributed to Bruegel and which inspired such great ekphrasis as Auden’s “Musée Des Beaux Arts”). These further failures underscore the dysfunction of Originalism in Gorsuch's form noted above. -/- Keywords: Originalism, Neil Gorsuch, Text, Textualism, Scalia, Interpretation, Pragmatics, Speaker Meaning, Art, Painting, Bruegel, Auden, Ekphrasis, Icarus, Bible, Ten Commandments, Herod, Declaration of Independence, Abraham Lincoln. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)

At the beginning of the 20th century, Gestalt psychologists put forward the concept of psychoneural isomorphism, which was meant to replace Fechner’s obscure notion of psychophysical parallelism and provide a heuristics that may facilitate the search for the neural correlates of the mind. However, the concept has generated much confusion in the debate, and today its role is still unclear. In this contribution, I will attempt a little conceptual spadework in clarifying the concept of psychoneural isomorphism, focusing exclusively on conscious (...) visual perceptual experience and its neural correlates. Firstly, I will outline the history of our concept, and its alleged metaphysical and epistemic roles. Then, I will clarify the nature of isomorphism and rule out its metaphysical role. Finally, I will review some epistemic roles of our concept, zooming in on the work of Jean Petitot, and suggest that it does not play a relevant heuristic role. I conclude suggesting that psychoneural isomorphism might be an indicator of robustness for certain mathematical descriptions of perceptual content. (shrink)

The paper provides an analysis of the relationship between the concepts of justice and solidarity. The point of departure of the analysis is Ruud ter Meulen’s claim that these concepts are different but mutually complementary, i.e. are two sides of the same coin. In the paper two alternative accounts of the relationship are proposed. According to the first one, solidarity can be defined in terms of justice, i.e. is a special variety of liberal justice, viz. social liberal justice, which, apart (...) from the value of liberty, also stresses the importance of the value of equality. An example of such a theory is Rawls’s theory of justice, within which the value of equality is ‘encoded’ in the principle of fair equality of opportunity and in the difference principle. According to the second account, solidarity is an expression of a special type of social relationships – the so-called ‘thick relationships’, which are non-superficial, positive, their paradigmatic examples being family and friendship; in other words, the rules of solidarity are rules that are built into ‘thick relationships’. On the first account, justice and solidarity are not different, while on the second account they are different but mutually exclusive rather than mutually complementary. In the last part of the paper some remarks on the social causes of solidarity are made. (shrink)

The study aims at determining the role and significance of such moral emotions as nobility, gratitude, admiration for the socially significant behavior of a person in society. That involves identifying a close relationship between those emotions and personality’s social behavior and that they can be one of the main incentives for socially significant behavior – theoretical basis. The importance of ethical emotions with positive valence when making decisions with their implementation in society determines the research’s theoretical and methodological basis. Those (...) are studied in the cognitive dimension of human social activity, considering their subjective experience and objectification. The authors determined that ethical emotions with positive valence, pleasant emotions stimulate a person to experience them again and behave socially desirable as such behavior allows reliving those emotions and self-actualizing. Emotions with a positive valence are most desirable for a person and are the essential behavior incentives in society. A person can act actively to achieve them, to experience them repeatedly, which is the basis of motivation for socially desirable and meaningful behavior. From exclusively subjective experiences, those emotions move into objectification, i.e., those motivated to act in conditions of a definite or indefinite social continuum. In due time, these socially crucial actions acquire normative content, sometimes even a form, since they serve as a model for others. Moral emotions with positive valence, empathy, rule-making, high culture, and responsibility to oneself and others form a good way of a person’s self-realization through positive social behavior. Furthermore, moral emotions with positive valence are the most important incentive for such behavior. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

A fiscal administration shows the reality of government and public organization in their provision of public good or service for the citizen. It is an independent subject from the accounting, economic, political, and legal science, which is interdisciplinary and strives for any distinct goal of studies. A fiscal sustainability perhaps would be one ideal that this science would flounder to crystallize and hold out. The studies would be similar to the adjacent sciences, but could be defined ultimately for its unique (...) feature or characteristic. The accounting or accounting sciences would aim to set forth the standards of evaluating the operation and asset or debt as well as the formality to show the numerical status or assessment for the businesses, mainly private and secondarily public. The fiscal administration involves these aspects, but there are many other elements to inculcate the minds of fiscal researcher, such as public ideals or social justice beyond the math or numerical requirements. The economic science would guide the criterion of practice for the government or public organization when they contemplate on the fiscal issues or challenges. The efficiency of budget or basic concepts, i.e., scanty resources or appropriability problem, non-exclusion and non-exhaustion, eminent dichotomy between the private and public sectors or privatization, distinction between provision and production, and so on, would divulge a close dialogue and interactive understanding between the two sciences. Nevertheless, there are differences being present invariably and conceptually between them. For example, the market failure perhaps would be one stigmatic condition to increase the profile of fiscal science. A provision anticipated from the government had been defined far earlier from the classic thought, such as police and national defense. We may share the economic idea, such as Pareto criterion, but the fiscal administration would phase out a multifaceted interplay, principally because it concerns of rule of government and because of its general absoluteness. Many artificial and institutional assumption and terms would variegate the pure theory of Pareto optimal to struggle in the cause of immeasurable kinds of values or concepts. For example, democracy is based on the head count and generally from the value of equal voting in deciding a fiscal issue. The bloated payroll would perhaps presuppose an odd reality deviated from the Pareto ideals, and the logrolling or lobbying would upstage or provide a culprit to breach the economic ways of interaction or commandment. In some cases, they trade a vote to pass the public hurdle that misallocates the resources for less than efficient public programs. Nevertheless, it explains the place where we now stand, and the macro-economy or the kind of thoughts would be considered as most approximated with the quality of fiscal studies. The science of fiscal administration would not disappear unless our reality would be purified, as the economic thought espoused, for the idealistic liberal market or communism. In both cases, the government would no longer be necessary and the fiscal administration is never demanded. It also would be denied if the communist ideals would become a reality any ultimately, say, perish of government and idealistic friendship of working class without exploitation. This means the fiscal administration is a practical science, not merely a theoretical framework, which is to be investigated and approached for the kind of hybrid products. As the political science is basically a bland product on the concept of political power, it could be intermingled with the fiscal science partly in areas of thought, but be made distinct among another. (shrink)

Guru Tegh Bahadur Ji fell as a martyr to the freedom of consciousness and belief, under the orders of Aurangzeb, a ruler, who with his puritanical views had an attitude of narrow exclusiveness in the matters of religion. Sikhism, of which Guru Tegh Bahadur Ji was the Ninth Apostle, has all through upheld the spiritual approach in matters of faith, and its message has been free from the rancour of any kind against any set of beliefs. The great sacrifice made (...) by Guru Tegh Bahadur Ji to vindicate the right of the people to profess and practise the faith, meant, in fact, the assertion of the principle of justice for which the ruling Mughal rulers of the day had very scant regard. For this reason, the life, career, and teachings of Guru Tegh Bahadur Sahib are of immense significance even in contemporary times, when the forces of hate, fanaticism, and tyranny are still very dominant and assertive. -/- Guru Tegh Bahadur Ji was a multifaceted genius. He was not only a martyr and a prophet but was also a great poet. In addition to his 57 Salokas, 59 of his other compositions (Sabads), written in 15 Raagas (measures) are included in Sri Guru Granth Sahib. His hymns deal with the pathos of the human predicament. Though he articulates on the unreality of human passions and possessions, yet his hymns have been a source of spiritual succour and solace to millions of people in their hours of personal grief and affliction. He brightens our awareness of the ephemerality of the material phenomena, however instead of creating a sense of despair and depression, elevates the human mind and imbues it with the hope which permeates the cosmos. He fortifies our faith in human nature and makes it possible for us to rise above the irritants of the immediate problems of existence and keep our attention focussed on the everlasting and eternal. (shrink)

Liberalism is today under attack. This attack is being fought along two fronts, and so appears to be coming from different directions, but it is actually coming exclusively from the right. One source is Islamic fundamentalism, and the other is American neo-conservatism, which in turn unites elements of Christian fundamentalism with elements of neo-Platonic political philosophy and neo-Aristotelian moral theory. Both Islamic fundamentalism and American neo-conservatism are perfectionist views, and while perfectionist attacks on liberalism are nothing new, there is a (...) special danger in the position that liberalism currently finds itself. Although bitterly opposed to each other and divided by utterly incompatible substantive views, these two sources of attack share many similarities at a more fundamental level of political theory. The purpose of this paper is accordingly to focus our attention on the similarities between these seemingly opposing perfectionist views, and to defend liberalism against one of the most serious accusations that perfectionists from both camps make against it—the claim that liberalism leads to nihilism. (shrink)

The base texts of most of the philosophical systems of ancient India are in the form of a collection of aphorisms (sūtra-s). The aphorisms are so brief and tersely worded that their significance can seldom be understood without the help of a commentary or commentaries. Sometimes, the literal meaning of an aphorism needs to be qualified or modified by an explanation found in the commentary. If a reader relies exclusively on the literal meaning of the aphorisms in the base text (...) without having recourse to any commentary or disregards all commentaries, he or she may miss the point. Contrariwise, if a reader relies exclusively on a commentary and disregards the literal meaning of an aphorism, he or she will commit another kind of blunder. Ideally, equal attention should be paid to the base text as well as the commentary or commentaries. Even then, all problems are not automatically solved, for it is an uphill task to decide when to go by the literal meaning of the aphorisms and when to follow the commentary. In their polemics against the Cārvāka/Lokāyata, Jayantabhaṭṭa (c. ninth century C.E.) and Hemacandra (eleventh century C.E.) erred because they did not follow the golden rule stated above and consequently misunderstood and misrepresented their opponents’ contentions. (shrink)

This article explores problems with several definitions of Originalism proposed by Justice Scalia in "Reading Law: The Interpretation of Legal Texts." It begins by looking at Justice Scalia's citation of a possible statement by Queen Anne that Justice Scalia claims in itself justifies Originalism. Queen Anne may have told Sir Christopher Wren that St. Paul's Cathedral was "awful, artificial, and amusing" at a time when those words meant "awe-inspiring, highly artistic, and thought-provoking." Conceding that one must understand how Queen Anne (...) meant these terms, this article shows how this example actually undermines Originalism when applied to on-going rules. It also explores inconsistencies and problems with several definitions of Originalism including Justice Scalia's arbitrary exclusion of technology from the constraints of "original meaning." It further disputes his claim that Originalism ". . .will narrow the range of acceptable judicial decision-making and acceptable argumentation [and that it] will curb -- even reverse -- the tendency of judges to imbue authoritative texts with their own policy preferences." This article maintains that Originalism has the opposite effect. -/- Keywords: originalism, original meaning, Scalia, interpretation, meaning. (shrink)

SUMMARY Major theories of philosophical psychology and philosophy of mind are examined on the basis of the fundamental questions of ontology, metaphysics, epistemology, semantics and logic. The result is the choice between language of eliminative reductionism and dualism, neither of which answers properly the relation between mind and body. In the search for a non–dualistic and non–reductive language, Wittgenstein’s notion of language–games as the representative links between language and the world is considered together with Peirce’s semeiosis of cognition. The result (...) is a redefined notion of cognition as the goal–oriented ability to instantiate strategies from the rules of the language–games. Cognition is considered within the four-dimensional languagegames: rules/strategies, primitive/complete language-games, family-resemblances/forms of life, and non-temporal continuum as the language-games’ modality. Cognition is seen as a continuum process of non–individualized elements that unites perception, volition, emotion, will and thought against the commonly accepted understandings of cognition in exclusive terms of perception and thinking. The alternative to the mind/body problem is the continuity of cognition where rules and strategies, syntax and semantics, are considered inseparable within language–games. This continuity of cognition is explained in terms of virtual (univocal) identity, replacing the old philosophical paradigm of the mind/body problem. -/- SOMMARIO Le teorie maggiori della psicologia filosofica e filosofia della mente sono esaminate a partire dalle questioni fondamentali di ontologia, metafisica, epistemologia, semantica e logica. Il risultato è la scelta tra un linguaggio riduzionista eliminativo e un dualismo che però non confronta in modo adeguato la relazione tra mente e corpo. Nella ricerca per un linguaggio non-dualistico e non-riduttivo, viene considerata la nozione del gioco linguistico di Wittgenstein come un legame rappresentativo tra il linguaggio e il mondo insieme con la semiosi cognitiva di Peirce. Il risultato è la nozione ridefinita della cognizione come abilità goal-orientata di creare le strategie dalle regole dei giochi linguistici. La cognizione è considerata entro le quattro dimensioni dei giochi linguistici: regole/strategie, giochi linguistici primitivi/completi, somiglianze di famiglia/forme di vita, e la continuità atemporale come la modalità dei giochi linguistici. La cognizione diventa un processo continuo degli elementi non-individualizzati che tende ad unificare la percezione, volizione, emozione, la volontà e il pensiero contro un concetto generalmente accettato di vedere la cognizione nei termini esclusivamente di percezione e di pensiero. L’alternativa al problema della mente/corpo è la continuità della cognizione, dove le regole e le strategie, la sintassi e la semantica, sono considerate inseparabili nei giochi linguistici. Questa continuità della cognizione è spiegata nei termini dell’identità virtuale (univoca) sostituendo un paradigma filosofico previo del problema della mente/corpo. (shrink)