Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider the (...) world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

My article concerns constitutional interpretation and substantive due process, issues that played a central role in Obergefell v. Hodges (2015), one of the two same-sex marriage cases. (The other same-sex marriage case was United States v. Windsor (2013).) -/- The late Justice Scalia consistently maintained that the Court “invented” substantive due process and continues to apply this legal “fiction” not because the Constitution supports it but simply because the justices like it. Two theories underlay his cynical conclusion. First is the (...) theory of “Constitutional Textualism”—or just plain “Textualism”—which says that the meaning of the Constitution lies entirely within the “four corners” of the document. Second is the theory of “Originalism,” which says that this meaning was fixed at the time of ratification. (Likewise, the meanings of the amendments were fixed at the time of their ratification.) -/- While Justice Scalia helped to inspire a Textualist/Originalist (and anti-substantive-due-process) movement, his Originalism has received far more attention than his Textualism. Since Judge Robert Bork first introduced Originalism to the general public during his Supreme Court nomination hearings in 1987, this theory has ignited passions on all sides and effectively re-framed the entire debate about how to interpret the Constitution. Constitutional scholars, left and right, now define themselves as either for or against Originalism. Meanwhile, Textualism has merely retreated into the background. -/- Part of the reason for this disparate treatment is that many who reject Originalism still consider themselves to be Textualists. They agree with Justice Scalia (and Judge Bork) that the text is all-important. They disagree, however, that its meaning was fixed for eternity at ratification. Instead, they maintain that either the meaning of the text or applications of this meaning to new cases can change as society changes. -/- In this Article, I bring Textualism out of Originalism’s shadow and into broad daylight. I argue that once we dig just a little deeper into the proposition that all of the meaning in the Constitution inheres in its words, we find that this theory simply cannot work. In order to interpret the nation’s foundational document, we must resort to assumptions that it does not explicitly state. (Indeed, even Textualism itself is a theory that the Constitution does not explicitly endorse.) And the notion that “extra-textual” assumptions necessarily inform our interpretations of the Constitution poses a direct and insurmountable threat to Textualism. -/- The Constitution actually requires each judge, when faced with a case concerning the right to privacy, not merely to consider the text but also to anticipate and evaluate the moral, social, and political consequences of both possible decisions before choosing between them. While this position may initially sound counterintuitive, it turns out to be a much more realistic theory of constitutional interpretation than Textualism (and Originalism). -/- I ultimately conclude that, contrary to Justice Scalia, the Constitution most certainly does protect a right to privacy. For what it’s worth, the Obergefell majority agree with me (and oppose Justice Scalia). I aim to show exactly why they are correct. (shrink)

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its legitimacy (...) and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

This Article falls into three general parts. The first part starts with an important question: is the insanity defense constitutionally required? The United States Supreme Court will finally try to answer this question next term in the case of Kahler v. Kansas. -/- I say “finally” because the Court refused to answer this question in 2012 when it denied certiorari to an appeal brought by John Joseph Delling, a severely mentally ill defendant who was sentenced to life in prison three (...) years earlier for two murders. Delling never had the opportunity to plead the insanity defense because his home state, Idaho, had abolished it in 1982. -/- By depriving Delling of the right to plead insanity, Idaho violated Delling’s Fourteenth Amendment right to due process and his Eighth Amendment right against “cruel and unusual” punishment. Naturally, the same is true for many other mentally ill and disabled defendants who have been prosecuted in Idaho and in the other three states that have abolished the insanity defense: Kansas, Montana, and Utah. -/- The second general part of this Article notes an insight that I stumbled upon in the course of researching the first part: the insanity defense and the mistake of law defense both require ignorance of the law, what I refer to as “normative ignorance.” Indeed, normative ignorance is what makes both of these defenses exculpatory in the first place. -/- Given this critical connection, there is a way for Idaho, Kansas, Montana, and Utah to resume compliance with the Constitution. Instead of reinstating the insanity defense per se, which might be politically unpopular, they should just broaden their mistake of law defense to include normative ignorance caused by cognitive incapacity that is itself caused by mental illness or disability. -/- Still, this Article is not merely directed at these four western states. It is directed at the other forty-six states as well. Because they already have an insanity defense, they need not incorporate it into their mistake of law defense. But in the third general part, I will argue that they should still expand their mistake of law defense to cover defendants who either lack a reasonable opportunity to learn the law or reasonably but mistakenly infer from widely accepted norms or ethics that their conduct is lawful. (shrink)

Lawrence Nelson (2018) criticizes conscientious objection (CO) to abortion statutes as far as they permit health care providers to escape criminal liability for what would otherwise be the legally wrongful taking of a pregnant woman’s life by refusing treatment (i.e. abortion). His key argument refers to the U.S. Supreme Court judgment (Roe v. Wade 1973) that does not treat the unborn as constitutional persons under the Fourteenth Amendment. Therefore, Nelson claims that within the U.S. legal system any vital (...) interests of pregnant women must always take precedence over fetuses’ interests. While agreeing with the main thesis of the article, we believe that the author’s argument neither vindicates his claim, nor explains why those who believe that fetuses are equally protectable human beings do not have the right to refuse to perform an abortion in lifethreatening emergency circumstances (AE). Therefore, the main aim of our commentary is to outline, by referring to our earlier works on conscientious objection in health care (Z_ uradzki 2016) and cultural exemptions (Ciszewski 2016), a better and universalizable argumentative path that would lead to the same conclusion. (shrink)

Three different types of low cost soil amendments, namely, EDTA, elemental S and N-fertilizer, were investigated with Vetiver grass, Vetiveria zizanioides (Linn.) Nash growing under highly mixed Cd–Pb contamination conditions. A significant increase (p < 0.05) in Cd and Pb accumulation were recorded in the shoots of all EDTA and N-fertilizer assisted treatments. The accumulation of Cd in 25 mmol EDTA/kg soil and 300 mmol N/kg soil showed relatively higher translocation factor (1.72 and 2.15) and percentage metal efficacy (63.25 % (...) and 68.22 %), respectively, compared to other treatments. However, it was observed that the increased application of elemental S may inhibit the availability of Pb translocation from soil-to-root and root-to-shoot. The study suggests that viable application of 25 mmol EDTA/kg, 300 mmol N/kg and 20 mmol S/kg soil have the potential to be used for soil amendment with Vetiver grass growing under contaminated mixed Cd–Pb soil conditions. (shrink)

자국의 통상이익을 확보하려는 국가의 노력과 무역의 자유화와 확대를 위한 경제심 판관으로서 WTO의 역할은 인류복지의 극대화를 위하여 한 방향으로 나아가면서도 충 돌하고 있다. 개별국가의 성장과 복지없는 인류복지의 극대화는 껍데기에 불과하고, 자유와 비차별(non-discrimination)의 원칙에 바탕한 기회균등, 공정경쟁조건의 보장이 없는 한 국제무역은 홉즈식 "즉발적 利己主義(spontaneous disorder)"만이 횡행하게 된 다. 이를 구제하기 위하여 국가적·국제적 통상관리체제가 발전되어 왔으며, WTO가 세 계경제헌법체제로서 많은 역할을 하고 있는 것은 주지의 사실이다. 많은 WTO업적 중 최근의 버드법 문제는 그 이례성과 전략성으로 인하여 양식있는 자의 관심이 대상이 되어 왔으며, 최근 미 (...) 연방법원과 WTO분쟁해결기구는 동 법의 적립금배분조항에 관 하여 국제적·국내적으로 위헌성을 확인한 바 있다. 그러나 양대 司法機關의 결정취지는 동일한 것이 아니다. 미국 연방법원은 문제된 버드법 조항이 헌법상 보장된 표현의 자 유와 평등권을 침해하여 위헌이라는 결정을 하였고, WTO분쟁해결기구는 반덤핑협정 이나 보조금협정 등 관련협정에서 허용하고 있지 않는 내용의 무역규제조치를 하였다 는 이유로 동법의 협정위반을 선언하고 그 철폐를 권고하였다. 이에 본고는 버드법상 적립금배분제도에 관한 양대 사법기관의 결정요지를 살펴보고, 헌법국가의 이상이라는 관점에서 사법기관의 역할과 버드법에 관한 사법심사가 주는 시사점을 음미하기로 한 다. 이는 종래의 외교통상문제와 국내문제의 엄별이라는 기존관념으로부터 헌법국가이 상의 역사적 의의와 발전, 국제법과 국내법의 관계, 사법기관의 국제적 협조와 연대라 는 관점에서 보다 적극적 자세로의 인식전환과 관련을 갖는다. 사법기관은 역사적으로 시민사회의 형성ㆍ발전에 있어 기본적 가치의 수호를 통하여 국제적ㆍ국내적 차원에서 중요한 역할을 하여 왔으나,현대 국제사회에서는 외교통상 행정영역의 발전에 뒤떨어 지는경향이있고, 세계헌법주의라는 관점에서 새로운 조명이 필요하다고 본다. 결론에 서는 현재 국제사회의 현실에서 사법부를 포함하여 우리정부의 전략적ㆍ법제적 대응 방안을 간략히 적시해 보도록 한다. (shrink)

According to standard late medieval Christian thought, humans in heaven are unable to sin, having been “confirmed” in their goodness; and, nevertheless, are more free than humans are in the present life. The rise of voluntarist conceptions of the will in the late thirteenth century made it increasingly difficult to hold onto both claims. Peter Olivi suggested that the impeccability of the blessed was dependent upon a special activity of God upon their wills and argued that this external constraint upon (...) their wills did not eliminate their freedom. Later voluntarists largely agreed with Olivi in attributing the confirmation of the blessed to be dependent upon God’s activity in some way, but disputed the means by which and the extent to which the wills of those in heaven could be said to retain their freedom. This paper will examine various attempts made to either harmonize these two claims or else to soften the blow of rejecting one of them; among the authors surveyed will be Peter John Olivi, John Duns Scotus, Henry of Harclay, William of Ockham, Walter Chatton, and Margurite Porete. (shrink)

The dominance of Augustine of Hippo in philosophy during the second quarter of the fourteenth century is testified to by three evidences: (1) the wide use of quotations from his works, (2) the flourishing of commentaries on them, especially at Oxford, as reconstructed by William J. Courtenay; (3) the historical-critical treatment of the writings of the Fathers, of the theological and philosophical auctoritates, and of contemporary Scholastic authors at Paris by the Augustinians, as reconstructed by Onorato Grassi. In this (...) article, I focus on the second kind of evidence, taking into account some commentaries on Augustine’s De civitate Dei, namely those of Nicholas Trevet and Thomas Waleys in the English area, and that Francis of Meyronnes in the French area. These commentaries became the basis for Raoul de Presles’s translation of Augustine’s work into Middle French. Moreover, I analyze books 1–5 of Raoul’s translation, showing that it was by no means accidental to his intellectual endeavors and that Raoul employed innovative, Humanist techniques of translation, and shedding light on the comparison of Charles V of France to Charlemagne in the rediscovery of the Augustinian corpus. (shrink)

In the Foundations of Mathematics, Ramsey attempted to amend Principia Mathematica’s logicism to meet serious objections raised against it. While Ramsey’s paper is well known, some questions concerning Ramsey’s motivations to write it and its reception still remain. This paper considers these questions afresh. First, an account is provided for why Ramsey decided to work on his paper instead of simply accepting Wittgenstein’s account of mathematics as presented in the Tractatus. Secondly, evidence is given supporting that Wittgenstein was not moved (...) by Ramsey’s objection against the Tractarian account of arithmetic, and a suggestion is made to explain why Wittgenstein reconsidered Ramsey’s account in the early thirties on several occasions. Finally, a reading is formulated to understand the basis on which Wittgenstein argues against Ramsey’s definition of identity in his 1927 letter to Ramsey. (shrink)

Focusing on a particular facet of entitlement theory, I criticize the view that Nozick’s version of the theory provides an adequate description of procedural justice. I agree with Nozick that justice is procedural; however, I believe his entitlement theory as it currently stands is incomplete. I show that Nozick is committed to believing that the implied content of his entitlement theory is unjust, and therefore that a certain set of market transactions ought to be judged as legally wrong according to (...) Nozick’s own political foundations. Furthermore, I demonstrate that the Non-Aggression Principle is inconsistent with what a procedurally just entitlement theory would require, and therefore diminishes the degree to which a full-fledged account of distributive justice can properly be called libertarian. Finally, I offer a principle intended as a starting point for a discussion of what constitutes just transfer, and briefly speculate as to the legal results of implementing such a principle. (shrink)

For more than two decades, police in the United States have used facial recognition to surveil civilians. Local police departments deploy facial recognition technology to identify protestors’ faces while federal law enforcement agencies quietly amass driver’s license and social media photos to build databases containing billions of faces. Yet, despite the widespread use of facial recognition in law enforcement, there are neither federal laws governing the deployment of this technology nor regulations settings standards with respect to its development. To make (...) matters worse, the Fourth Amendment—intended to limit police power and enacted to protect against unreasonable searches—has struggled to rein in new surveillance technologies since its inception. -/- This Article examines the Supreme Court’s Fourth Amendment jurisprudence leading up to Carpenter v. United States and suggests that the Court is reinterpreting the amendment for the digital age. Still, the too-slow expansion of privacy protections raises challenging questions about racial bias, the legitimacy of police power, and ethical issues in artificial intelligence design. This Article proposes the development of an algorithmic auditing and accountability market that not only sets standards for AI development and limitations on governmental use of facial recognition but encourages collaboration between public interest technologists and regulators. Beyond the necessary changes to the technological and legal landscape, the current system of policing must also be reevaluated if hard-won civil liberties are to endure. (shrink)

Deliberative Transformative Moments (DTM) is a new concept that serves as an amendment to the DQI. With this new concept it is easier to get at the quick give-and-take of discussions of small groups of ordinary citizens. As an illustration, we apply the concept to discussions about the peace process among Colombian ex-combatants, ex-guerrillas and ex-paramilitaries. Specifically, we show how personal stories can transform a discussion from a low to a high level of deliberation and how they can have (...) the opposite effect. To increase the level of deliberation in the general population, we recommend that good illustrations of DTM’s should be part of the school programs from an early age on, so that children learn how to discuss with others who have different opinions and values. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Philosophy 42.2 (2004) 219-220 [Access article in PDF] Jack Zupko. John Buridan: Portrait of a Fourteenth-Century Arts Master. Notre Dame: University of Notre Dame Press, 2003. Pp. xix + 446. Cloth, $70.00. Paper, $40.00. What does the name "John Buridan" call to mind? For many, including medievalists, not much at all—at best, perhaps, a set of apparently unrelated ideas: nominalism; an impetus theory (...) of projectile motion; and a peculiar account of the will (although "Buridan's ass," the indecisive donkey caught between two equally appetizing bales of hay, is not found in Buridan's writing). In correcting this ignorance—an injustice to arguably the most famous and influential philosopher of the early-to-mid-fourteenth century—the temptation might have been to articulate Buridan's "positions" on "the big questions," allowing readers to fit Buridan into received categories. Thankfully, the present work, the first book-length study of Buridan in any language, resists this temptation. The John Buridan that emerges from Jack Zupko's skillful "exercise in philosophical portraiture" doesn't serve to simply fill gaps in our awareness of the historical record, but to enlighten and challenge our understanding of the practice of philosophy and the study of its history.Zupko emphasizes throughout that Buridan was a teacher, a master of arts in Paris. Buridan's pedagogical concerns help make sense of his central work in logic. As the basis for his arts lectures, Buridan chose Peter of Spain's Summulae Logicales, but in commenting on Peter, Buridan moves beyond creative exegisis to comprehensive renovation. Buridan (c. 1300-c. 1361) naturally wanted to accommodate terminist or via moderna supposition theory; but more importantly, he wanted a logic text that would set out a general plan of philosophical inquiry, "a compendium of methods, a 'how-to' book for the philosopher" (135). Buridan thus designed his own Summulae de Dialectica as a new authoritative logic text, and Zupko persuasively argues that its "nominalism" should be understood as less a set of doctrines in theoretical logic, than a program of logical practice, an education in logic as the ars artium, the universal intellectual tool.Zupko's portrait of "Buridan's vision of the philosophical enterprise" is thus appropriately divided into two parts. The first summarizes Buridan's method as described in the individual treatises of his Summulae. The second displays the method in practice, rehearsing and evaluating some of Buridan's arguments on various subjects. Many scholars will gravitate first to the latter part, where Zupko offers important interpretations and clarifications of Buridan's views. In these chapters, Zupko helps us to appreciate, among other things: how the problem of universals served to help Buridan define the scope of philosophy (ch. 10); the philosophical modesty of Buridan's account of the intellectual soul's presence in the body (ch. 11); the relationship between Buridan's epistemology and the skepticism of his Parisian contemporary Nicholas of Autrecourt (ch. 12); the sense in which Buridan is an "empiricist," viz an epistemic naturalist and reliabilist (ch. 13); how Buridan regarded moral psychology as applied physics, treating virtue as a kind of impetus (ch. 14); how Buridan's account of freedom can be regarded as a "perfection" of Thomistic intellectualism (ch. 15).Throughout these discussions, Zupko always keeps in sight his larger purpose of illustrating Buridan's conception of philosophical inquiry. Zupko makes much of the fact that [End Page 219] Buridan never wrote as a theologian, remaining his entire career in the arts faculty, where he wanted logic to organize secular inquiry. As Zupko notes, in this way Buridan's scholastic project seems to prefigure the "modern." But Buridan seems modern in another way as well. As Zupko points out in his "Introduction," though a cleric, Buridan never joined a religious order, so that his ideas developed independently of the Franciscan and Dominican traditions. He was, then, a teacher without a tradition—at least without deliberate allegiance to tradition, although he was in many ways the product of traditional scholastic intellectual discipline.Perhaps this... (shrink)

Is it possible to recover lost moral ground? In the closing episodes of the TV show "Breaking Bad", it becomes clear that the protagonist, Walter White, believes that the correct answer to this question is an affirmative one. Walt believes that he can, and that he has, recovered lost moral ground. "Breaking Bad" may be said to explore two distinct and incompatible ways of attempting to recover lost moral ground. The first way is revisionist. This is to rewrite the script (...) of what, morally speaking, has occurred, so that it appears that nothing wrong was done. The second way is restorative. This is to admit to morally wrongful behavior, but to attempt to make amends for it. While we concede that it is possible to recover lost moral ground in both of these ways, we deny that Walt is able to do so in both of these ways. At best, Walt can only hope to recover lost moral ground by attempting to make amends for his past misdeeds. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, (...) on which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (shrink)

Originating in the field of biology, the concept of the hybrid has proved to be influential and effective in historical studies, too. Until now, however, the idea of hybrid knowledge has not been fully explored in the historiography of pre-modern science. This article examines the history of pre-Copernican astronomy and focuses on three case studies—Alexandria in the second century CE; Baghdad in the ninth century; and Constantinople in the fourteenth century—in which hybridization played a crucial role in the development (...) of astronomical knowledge and in philosophical controversies about the status of astronomy and astrology in scholarly and/or institutional settings. By establishing a comparative framework, this analysis of hybrid knowledge highlights different facets of hybridization and shows how processes of hybridization shaped scientific controversies. (shrink)

Atwater v. Lago Vista is a stand-alone case in Fourth Amendment jurisprudence. Often basic Fourth Amendment jurisprudence builds off other case law. There is a clear buildup regarding the exclusionary rule from Weeks v. United States (1914) to Silverthorne Lumber Co. v. United States (1920) to the expansion of “the fruit of the poisonous tree” doctrine to Mapp v. Ohio (1961) incorporating U.S. Constitution the Fourth Amendment to the states. -/- Likewise, there are cases building up from (...) the incorporation into the states from United States v. Leon (1984) to Arizona v. Evans (1995), expanding Fourth Amendment case law and rights. The cavalcade of these cases somewhat plays a ballet of expanding and contracting the rights in certain circumstances. But the rights build off and limit each other in a cognizable method. -/- Atwater v. Lago Vista is not based on such a cavalcade of cases. It is a stand-alone case at best citing 1600s case law, norms, and rules from before the founding of the United States. Granted, the United States adopted much of the English jurisprudence in the founding of the United States. (shrink)

Positivist medical historians, guided by the savoir of modern western biomedicine, have long depicted medieval medicine as an aberration along the continuum of scientific and medical progress. Historical epistemology, founded in the ideas of Cavailles, Foucault, Davidson, and Hacking, however, allows the historian to disrupt this false continuum and to unchain medieval medicine from modern medicine. Postmodernist approaches, such as those sourced in Lyotard, Barthes, and Derrida, allow the historian to further deconstruct medieval and modern medical discourse, revealing a multitude (...) of narrative lenses spinning around biomedical and biocultural strands. In liberating these two medical systems and setting them within the distinct historical and epistemological contexts that both shaped and were shaped by them, the historian can revision the theories, practices, and culture of medieval medicine without having to anachronistically justify them according to modern medical discourse. (shrink)

Over the years, ethylene-diamine-tetra-acetate (EDTA) has been widely used for many purposes. However, there are inadequate phytoassessment studies conducted using EDTA in Vetiver grass. Hence, this study evaluates the phytoassessment (growth performance, accumulation trends, and proficiency of metal uptake) of Vetiver grass, Vetiveria zizanioides (Linn.) Nash in both single and mixed heavy metal (Cd, Pb, Cu, and Zn)—disodium EDTA-enhanced contaminated soil. The plant growth, metal accumulation, and overall efficiency of metal uptake by different plant parts (lower root, upper root, lower (...) tiller, and upper tiller) were thoroughly examined. The relative growth performance, metal tolerance, and phytoassessment of heavy metal in roots and tillers of Vetiver grass were examined. Metals in plants were measured using the flame atomic absorption spectrometry (F-AAS) after acid digestion. The root-tiller (R/T) ratio, biological concentration factor (BCF), biological accumulation coefficient (BAC), tolerance index (TI), translocation factor (TF), and metal uptake efficacy were used to estimate the potential of metal accumulation and translocation in Vetiver grass. All accumulation of heavy metals were significantly higher (p < 0.05) in both lower and upper roots and tillers of Vetiver grass for Cd + Pb + Cu + Zn + EDTA treatments as compared with the control. The single Zn + EDTA treatment accumulated the highest overall total amount of Zn (8068 ± 407 mg/kg) while the highest accumulation for Cu (1977 ± 293 mg/kg) and Pb (1096 ± 75 mg/kg) were recorded in the mixed Cd + Pb + Cu + Zn + EDTA treatment, respectively. Generally, the overall heavy metal accumulation trends of Vetiver grass were in the order of Zn >>> Cu > Pb >> Cd for all treatments. Furthermore, both upper roots and tillers of Vetiver grass recorded high tendency of accumulation for appreciably greater amounts of all heavy metals, regardless of single and/or mixed metal treatments. Thus, Vetiver grass can be recommended as a potential phytoextractor for all types of heavy metals, whereby its tillers will act as the sink for heavy metal accumulation in the presence of EDTA for all treatments. (shrink)

A wide range of proposals to alleviate the negative effects of intellectual property regimes is currently under discussion. This article offers a critical evaluation of six of these proposals: the Health Impact Fund, the Access to Knowledge movement, prize systems, open innovation models, compulsory licenses and South-South collaborations. An assessment on how these proposals target the human rights affected by intellectual property will be provided. The conflicting human rights that will be individually discussed are the rights: to benefit from one’s (...) own scientific work, to benefit from the advancement of science, to participate in scientific enterprises and to self-determination. (shrink)

Considering that the visual dimension of anatomy cannot be ignored and an anatomy education without the visual part will make a doctor imperfect in their profession, it may be seen that pictorial anatomy books written in previous periods are highly valuable. The purpose of this study is to investigate the spinal nerve anatomy included in the work titled Teşrihü’l-Ebdan min e’t-Tıb written in the XIVth century and compare the information at that period to the information of our time. The nervous (...) system was analyzed under a separate title in the book. Firstly, general information was provided about nerves, and then cranial and spinal nerves were described. The author stated in his work that there are two differences between humans and animals as feeling and movement. He stated that the center for feeling and movement is the brain and all nerves converge in the brain. Although there are insufficient or incorrect information in historical books of medicine, such books are highly valuable as they show the scientific progress. It is apparent that Mansur’s work titled Teşrihü’l-Ebdan min e’t-Tıb has a significant place in the history of anatomy, and its influence was reflected in the following periods. Despite the occasions of insufficient or incorrect information in the piece, we think it contributed to the historical development of anatomy. (shrink)

Deconstructing the “editorial analogy,” and analogical reasoning more generally, in First Amendment litigation involving powerful tech companies.

Much scholarly attention has recently been devoted to ways in which artificial intelligence (AI) might weaken formal political democracy, but little attention has been devoted to the effect of AI on “cultural democracy”—that is, democratic control over the forms of life, aesthetic values, and conceptions of the good that circulate in a society. This work is the first to consider in detail the dangers that AI-driven cultural recommendations pose to cultural democracy. This Article argues that AI threatens to weaken cultural (...) democracy by undermining individuals’ direct and spontaneous engagement with a diverse range of cultural materials. It further contends that United States law, in its present form, is ill equipped to address these challenges, and suggests several strategies for better regulating culture-mediating AI. Finally, it argues that while such regulations might run afoul of contemporary First Amendment doctrine, the most normatively attractive interpretation of the First Amendment not only allows but encourages such interventions. (shrink)

This article explores the forms of moral repair that the wrongdoer has to perform in an attempt to make amends for her past wrongdoing, with a focus on the issues of interpersonal moral repair; that is, what a wrongdoer can do to merit her victim‘s forgiveness and achieve reconciliation with her community. The article argues against the very general demands of atonement that amount to an obligation to stop being someone who commits wrongs—to become a moral saint—and suggests a new (...) form of atonement that is more practical and useful in our everyday life. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 (...) majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Note: This draft was updated on November 10, 2020. Discussing federal statutes, Justice Scalia tells us that “[t]he stark reality is that the only thing that one can say for sure was agreed to by both houses and the president (on signing the bill) is the text of the statute. The rest is legal fiction." How should we take this claim? If we take "text" to mean the printed text, that text without more is just a series of marks. If (...) instead we take "text" (as we must) to refer to something off the page such as the "meaning" of the series of marks at issue, what is that meaning and how do we know that all the legislators "agreed" on that "meaning"? In seeking answers here, we necessarily delve into semiotics (i.e., the “general theory of signs”) by noting that meaningful ink marks ("signifiers) signify a meaning beyond themselves (the "signified.") Thus, understanding how signs function is integral to lawyers' textual and linguistic analysis. Additionally, as this article demonstrates, legal analysis and rhetoric are much impoverished if lawyers ignore nonverbal signs such as icons, indices, and nonverbal symbols. In providing a broad overview of semiotics for lawyers, this article thus (1) begins with a general definition of signs and the related notion of intentionality. It then turns to, among other things, (2) the structure and concomitants of signs in more detail (including the signifier and the signified), (3) the possible correlations of the signifier and the signified that generate signs of interest to lawyers such as the index, the icon, and the symbol; (5) the expansion of legal rhetoric through use of the index, the icon, and the non-verbal as well as the verbal symbol, (6) the nature of various semiotic acts in public and private law (including assertives, commissives, directives, and verdictives); (7) the interpretation and construction of semiotic acts (including contracts as commissives and legislation as directives); (8) the role of speaker or reader meaning in the interpretation and construction of semiotic acts; (9) the semiotics of meaning, time, and the fixation of meaning debate; (10) the impact of signifier drift; (11) the distinction between sense and understanding; and (12) some brief reflections on semiotics and the First Amendment. This article also provides an Appendix of further terms and concepts useful to lawyers in their explorations of semiotics. (shrink)

Many wrongly believe that emotion plays little or no role in legal reasoning. Unfortunately, Langdell and his “scientific” case method encourage this error. A careful review of analysis in the real world, however, belies this common belief. Emotion can be cognitive, and cognition can be emotional. Additionally, modern neuroscience underscores the “co-dependence” of reason and emotion. Thus, even if law were a certain science of appellate cases (which it is not), emotion could not be torn from such “science.” -/- As (...) we reform legal education, we must recognize the role of cognitive emotion in law and legal analysis. If we fail to do this, we shortchange law schools, students, and the bar in grievous ways. We shortchange the very basics of true and best legal analysis. We shortchange at least half the universe of expression (the affective half). We shortchange the importance of watching and guarding the true interests of our clients, which interests are inextricably intertwined with affective experience. We shortchange the importance of motivation in law, life, and legal education. How can lawyers understand the motives of clients and other relevant parties without understanding the emotions that motivate them? How can lawyers hope to persuade judges, other advocates, or parties across the table in a transaction without grasping affective experience that motivates them? How can law professors fully engage students while ignoring affective experience that motivates students? Finally, we shortchange matters of life and death: emotions affect health and thus the very vigor of the bar. -/- Using insights from practice, modern neuroscience, and philosophy, I therefore explore emotion and other affective experience through a lawyer’s lens. In doing this, I reject claims that emotion and other affective experience are mere feeling (though I do not discount the importance of feeling). I also reject claims that emotion and other affective experience are necessarily irrational or beyond our control. Instead, such experience is often intentional and quite rational and controllable. After exploring law and affective experience at more “macro” levels, I consider three more specific examples of the interaction of law and emotion: (i) emotion, expression, and the first amendment, (ii) emotion in legal elements and exceptions, and (iii) emotion and lawyer mental health. To provide lawyers and legal scholars with a “one-source” overview of emotion and the law, I have also included an Appendix addressing a number of particular emotions. -/- Keywords: Emotion, Cognitive Emotion, Reason, Logos, Pathos, Legal Analysis, Legal Reasoning, Neuroscience, Philosophy, Persuasion, Rhetoric, Expression, First Amendment, Free Speech, Common Law Murder, Mental Health, NAACP v. McCrory, Anger, Contempt, Disgust, Hate, Malice. (shrink)

Amendment of the Witmer, Butchard, and Trogdon (2005) account of intrinsic properties with the aim of neutrality between competing theories of what is fundamental.

This fourteenth volume of Collected Papers is an eclectic tome of 87 papers in Neutrosophics and other fields, such as mathematics, fuzzy sets, intuitionistic fuzzy sets, picture fuzzy sets, information fusion, robotics, statistics, or extenics, comprising 936 pages, published between 2008-2022 in different scientific journals or currently in press, by the author alone or in collaboration with the following 99 co-authors (alphabetically ordered) from 26 countries: Ahmed B. Al-Nafee, Adesina Abdul Akeem Agboola, Akbar Rezaei, Shariful Alam, Marina Alonso, Fran (...) Andujar, Toshinori Asai, Assia Bakali, Azmat Hussain, Daniela Baran, Bijan Davvaz, Bilal Hadjadji, Carlos Díaz Bohorquez, Robert N. Boyd, M. Caldas, Cenap Özel, Pankaj Chauhan, Victor Christianto, Salvador Coll, Shyamal Dalapati, Irfan Deli, Balasubramanian Elavarasan, Fahad Alsharari, Yonfei Feng, Daniela Gîfu, Rafael Rojas Gualdrón, Haipeng Wang, Hemant Kumar Gianey, Noel Batista Hernández, Abdel-Nasser Hussein, Ibrahim M. Hezam, Ilanthenral Kandasamy, W.B. Vasantha Kandasamy, Muthusamy Karthika, Nour Eldeen M. Khalifa, Madad Khan, Kifayat Ullah, Valeri Kroumov, Tapan Kumar Roy, Deepesh Kunwar, Le Thi Nhung, Pedro López, Mai Mohamed, Manh Van Vu, Miguel A. Quiroz-Martínez, Marcel Migdalovici, Kritika Mishra, Mohamed Abdel-Basset, Mohamed Talea, Mohammad Hamidi, Mohammed Alshumrani, Mohamed Loey, Muhammad Akram, Muhammad Shabir, Mumtaz Ali, Nassim Abbas, Munazza Naz, Ngan Thi Roan, Nguyen Xuan Thao, Rishwanth Mani Parimala, Ion Pătrașcu, Surapati Pramanik, Quek Shio Gai, Qiang Guo, Rajab Ali Borzooei, Nimitha Rajesh, Jesús Estupiñan Ricardo, Juan Miguel Martínez Rubio, Saeed Mirvakili, Arsham Borumand Saeid, Saeid Jafari, Said Broumi, Ahmed A. Salama, Nirmala Sawan, Gheorghe Săvoiu, Ganeshsree Selvachandran, Seok-Zun Song, Shahzaib Ashraf, Jayant Singh, Rajesh Singh, Son Hoang Le, Tahir Mahmood, Kenta Takaya, Mirela Teodorescu, Ramalingam Udhayakumar, Maikel Y. Leyva Vázquez, V. Venkateswara Rao, Luige Vlădăreanu, Victor Vlădăreanu, Gabriela Vlădeanu, Michael Voskoglou, Yaser Saber, Yong Deng, You He, Youcef Chibani, Young Bae Jun, Wadei F. Al-Omeri, Hongbo Wang, Zayen Azzouz Omar. (shrink)

Despite amendments to the sexual assault provisions in the Criminal Code, decisions about the availability and operation of the defence of belief in consent remain vulnerable to the influence of legally extraneous considerations. The author proposes an approach designed to limit the influence of such considerations.

In the fourteenth plateau of A Thousand Plateaus, Deleuze and Guattari develop a dichotomy between two kinds of space – the smooth and the striated. What I want to focus on in this chapter is the status of these two conceptions of space. As Deleuze and Guattari note, these two forms of space are only discovered in a mixed form, yet are capable of being analysed de jure through their separation. In this sense, the plateau on the smooth and (...) striated can be seen as something like a transcendental deduction of their ontology of spaces. I will explore what Deleuze and Guattari mean when they say that they want to construct a theo-noology of smooth and striated spaces. I want to look at the ethical implications of this distinction, before looking at some alternative approaches to the issue of space. It should be noted that the question of the striation of space is one that is shared by Bergson, Heidegger, Merleau-Ponty and Sartre among others. The novelty of Deleuze and Guattari’s account is in their formulation of the notion of smooth space as a response. I will begin by looking at the notion of striated space itself, and in particular will explore the degree to which we should see it as a structure or as a method, and the interrelation between these two characterisations. (shrink)

When we encounter extremist rhetoric, we often find it dumbfounding, incredible, or straightforwardly unintelligible. For this reason, it can be tempting to dismiss or ignore it, at least where it is safe to do so. The problem discussed in this paper is that such dismissals may be, at least in certain circumstances, epistemically unjust. Specifically, it appears that recent work on the phenomenon of hermeneutical injustice compels us to accept two unpalatable conclusions: first, that this failure of intelligibility when we (...) encounter extremist rhetoric may be a manifestation of a hermeneutical injustice; and second, that remedying this injustice requires that we ought to become more engaged with and receptive of extremist worldviews. Whilst some theorists might interpret this as a reductio of this framework of epistemic in/justice, we push back against this conclusion. First, we argue that with a suitably amended conception of hermeneutical justice—one that is sensitive to the contextual nature of our hermeneutical responsibilities, and to the difference between understanding a worldview and accepting it—we can bite the bullet and accept that certain extremists are subject to hermeneutical injustice, but without committing ourselves to any unpalatable conclusions about how we ought to remedy these injustices. Second, we argue that bringing the framework of hermeneutical in/justice to bear upon the experience of certain extremists actually provides a new and useful perspective on one of the causes of extremism, and how it might be undermined. (shrink)

The fourth amendment to the German Medicinal Products Act (Arzneimittelgesetz) states that nontherapeutic research in incompetent populations is permissible under the condition that potential research participants expressly declare their wish to participate in scientific research in an advance research directive. This article explores the implementation of advance research directives in Germany against the background of the international legal and ethical framework for biomedical research. In particular, it addresses a practical problem that arises from the disclosure requirement for advance research (...) directives. We show that, if the disclosure standard for advance research directives is set at a token level, nontherapeutic research in incompetent populations becomes practically impossible. To resolve this issue, we suggest the disclosure standard be set at a type level. (shrink)

Darshana, in the sense of true philosophical knowledge, Darshana is first quoted in the Vaiśesika Sūtra (first century CE) to mean the perfect vision of everything. Etymologically, Darshana evolves from the Sanskr̥ti term Drś, that is, vision. The contemporary use of the term Darshana finds its new dimension in the writings of Haribhardra (eighteenth century CE), who considers different philosophical schools in the cord of Darshana in his text Ṣad-darśana-samuccaya. Later, eminent Vedāntin Mādhava in fourteenth century CE popularized and (...) expatiated the meaning of Darshana in Sarvadarśana Saṅgraha. The purport of the term Darshana is embedded in the notion of Indianness that caters to an influential uniqueness in Hinduism, Jainism (Samyak Darshana or liberation consists in right vision) and Mahayana Buddhism (Nagarjuna’s dictum tattva-darśana, i.e., the true reality, and Vasubandhu’s use of Darshana marga, i.e., the conduit of seeing). -/- The conception of the word guru in Indian cultures goes back to the Upanishadic era, especially in the Mundakopanishad, where Brahma (the creator of the world) taught the Brahma Vidya (the foundation of all knowledge or the speculative discussion about ultimate reality) to his eldest son, Atharvan. Later, Artharvan transmitted the Brahma Vidya to Angiras, who shared the absolute knowledge with Satyavaha, a successor of Sage Bharadwaja. Satyavaha narrated to Bharadwaja, who finally imparted the knowledge (both the higher and lower levels) to Angiras. One could find a significance herein using the Upanishadic term paraparam (Mundakopanishad, 1.2). The term not only indicates that the foundation of all knowledge has two different folds – para (transcendent) and apar (mundane) – but also that the term paraparam tinges on the transmission progression of the knowledge from guru (enlightened master) to his shisya (dedicated disciple). The proper way of learning Brahma Vidya depends on the gurupasadana; the only guru can condescend to expose wisdom to the devoted disciples. (shrink)

I analyse the 2014 policy to promote 'British values' in schools from the perspective of the two main positions in contemporary liberal theory, comprehensive liberalism and political liberalism. I highlight in what ways comprehensive and political liberal defences of the policy are unsatisfactory, before briefly sketching a possible alternative position – ‘thin comprehensive liberalism’ – and discussing its potential for justifying a substantive education in liberal values. In light of this theoretical perspective, I suggest some ways that the existing British (...) values policy might be amended in practice so as to bring it more in line with the liberal ideal. (shrink)

The diversity in agronomic practices being used by sugarcane producers in Brazil determines differences in economic performance and cost structure. The purpose of this study is to evaluate the cost of six systems of agronomic practices using fixed or variable rates for soil amendment, fertilizer, and defensive applications and assess the profitability of these systems at three scales of sugarcane production. We then describe the data sample related to the 2019–2020 harvest season and collected from fifty-five sugarcane producers in (...) the central-south region of Brazil. Thereafter, using a quantitative approach, a cost analysis was performed, and the cumulative frequency of the net revenue for the three scales of production (small, medium, and large), was calculated using a Monte Carlo simulation. The cost analysis indicated that fertilizer had the highest cost considering the agronomic practices adopted at the three scales of production analyzed. The cumulative frequency analysis results from the Monte Carlo simulation showed the highest net revenue per hectare for medium sugarcane producers. In addition, the presence of economies of scale was not confirmed because the lowest cost was found in small-scale sugarcane producers and the highest net revenue was obtained by medium-scale sugarcane producers. (shrink)

The transition economy of Vietnam enjoyed remarkable achievements in the first 20 years of economic renovation (Doi Moi) from 1986 to 2006. Notably, the economy grew at an average annual rate of 7.5% in 1991-2000 period. Vietnam’s Amended Constitution 1992 recognized the role of private sector in the economy. U.S.-Vietnam Trade Bilateral Agreement (US-BTA) was signed in 2001. The country's stock market made debut trading in 2000. Vietnam became a member of Association of Southeast Asian Nations (ASEAN) in 1995, then (...) proceeded to full membership of the World Trade Organization in 2007, following which registered foreign direct investment (FDI) reached an all-time high of US$71.7 billion in 2008. Together with the impressive economic achievements, Vietnam also saw its diplomatic and political status constantly improved in the international arena. The country has established diplomatic relations with more than 170 countries in the world, strategic partnerships with 12 important economies, both developed and emerging, namely China, Japan, Russia, India, England, France, North Korea, Italy, Germany, Indonesia, Malaysia and Thailand. The country also successfully hosted important events including the Asia Pacific Economic Cooperation (APEC) in 2006. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

Jim Joyce argues for two amendments to probabilism. The first is the doctrine that credences are rational, or not, in virtue of their accuracy or “closeness to the truth” (1998). The second is a shift from a numerically precise model of belief to an imprecise model represented by a set of probability functions (2010). We argue that both amendments cannot be satisfied simultaneously. To do so, we employ a (slightly-generalized) impossibility theorem of Seidenfeld, Schervish, and Kadane (2012), who show that (...) there is no strictly proper scoring rule for imprecise probabilities. -/- The question then is what should give way. Joyce, who is well aware of this no-go result, thinks that a quantifiability constraint on epistemic accuracy should be relaxed to accommodate imprecision. We argue instead that another Joycean assumption — called strict immodesty— should be rejected, and we prove a representation theorem that characterizes all “mildly” immodest measures of inaccuracy. (shrink)

Conditionalization is one of the central norms of Bayesian epistemology. But there are a number of competing formulations, and a number of arguments that purport to establish it. In this paper, I explore which formulations of the norm are supported by which arguments. In their standard formulations, each of the arguments I consider here depends on the same assumption, which I call Deterministic Updating. I will investigate whether it is possible to amend these arguments so that they no longer depend (...) on it. As I show, whether this is possible depends on the formulation of the norm under consideration. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These criticisms, we (...) argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

According to standard assumptions in semantics, ordinary users of a language have implicit beliefs about the truth-conditions of sentences in that language, and they often agree on those beliefs. For example, it is assumed that if Anna and John are both competent users of English and the former utters ‘grass is green’ in conversation with the latter, they will both believe that that sentence is true if and only if grass is green. These assumptions play an important role in an (...) intuitively compelling picture of communication, according to which successful communication through literal assertoric utterances is normally effected thanks to our shared beliefs about the truth-conditions of the sentences uttered in the course of the conversation. Against these standard assumptions, this paper argues that the participants in a conversation rarely have the same beliefs about the truth-conditions of the sentences involved in a linguistic interaction. More precisely, it argues for Variance, the thesis that nearly every utterance is such that there is no proposition which more than one language user believes to be that utterance’s truth-conditional content. If Variance is true, we must reject the standard picture of communication. Towards the end of the paper I identify three ways in which ordinary conversations can be communication-like despite the truth of Variance and argue that the most natural amendments to the standard picture fail to explain them. (shrink)

On Kratzer’s canonical account, modal expressions (like “might” and “must”) are represented semantically as quantifiers over possibilities. Such expressions are themselves neutral; they make a single contribution to determining the propositions expressed across a wide range of uses. What modulates the modality of the proposition expressed—as bouletic, epistemic, deontic, etc.—is context.2 This ain’t the canon for nothing. Its power lies in its ability to figure in a simple and highly unified explanation of a fairly wide range of language use. Recently, (...) though, the canon’s neat story has come under attack. The challenge cases involve the epistemic use of a modal sentence for which no single resolution of the contextual parameter appears capable of accommodating all our intuitions.3 According to these revisionaries, such cases show that the canonical story needs to be amended in some way that makes multiple bodies of information relevant to the assessment of such statements. Here I show that how the right canonical, flexibly contextualist account of modals can accommodate the full range of challenge cases. The key will be to extend Kratzer’s formal semantic account with an account of how context selects values for a modal’s.. (shrink)

Inscrutability arguments threaten to reduce interpretationist metasemantic theories to absurdity. Can we find some way to block the arguments? A highly influential proposal in this regard is David Lewis’ ‘ eligibility ’ response: some theories are better than others, not because they fit the data better, but because they are framed in terms of more natural properties. The purposes of this paper are to outline the nature of the eligibility proposal, making the case that it is not ad hoc, but (...) instead flows naturally from three independently motivated elements; and to show that severe limitations afflict the proposal. In conclusion, I pick out the element of the eligibility response that is responsible for the limitations: future work in this area should therefore concentrate on amending this aspect of the overall theory. (shrink)

John Rawls claims that public reasoning is the reasoning of ‘equal citizens who as a corporate body impose rules on one another backed by sanctions of state power’. Drawing on an amended version of Michael Bratman’s theory of shared intentions, I flesh out this claim by developing the ‘civic people’ account of public reason. Citizens realize ‘full’ political autonomy as members of a civic people. Full political autonomy, though, cannot be realised by citizens in societies governed by a ‘constrained proceduralist’ (...) account of democratic self-government, or the ‘convergence’ account of public justification formulated recently by Gerald Gaus and Kevin Vallier. (shrink)

Awareness growth—coming to entertain propositions of which one was previously unaware—is a crucial aspect of epistemic thriving. And yet, it is widely believed that orthodox Bayesianism cannot accommodate this phenomenon, since that would require employing supposedly defective catch-all propositions. Orthodox Bayesianism, it is concluded, must be amended. In this paper, I show that this argument fails, and that, on the contrary, the orthodox version of Bayesianism is particularly well-suited to accommodate awareness growth. For it entails what I call the refinement (...) view, which allows us to capture that awareness growth consists in the increase of one’s capacity of discernment. (shrink)