Moral grandstanding, or the use of moral talk for self-promotion, is a threat to free expression. When grandstanding is introduced in a public forum, several ideals of free expression are less likely to be realized. Popular views are less likely to be challenged, people are less free to entertain heterodox ideas, and the cost of changing one’s mind goes up.

With insights from philosophy of language and semiotics, this article addresses judicial choices and semantic errors involved in United States v. Stevens, 130 S.Ct. 1577 (2010) (refusing to read “killing” and “wounding” to include cruelty and thus striking down a federal statute outlawing videos of animal cruelty), and Snyder v. Phelps, 131 S.Ct. 1207 (2011) (finding a First Amendment right to picket military funerals and verbally attack parents of dead soldiers as part of purportedly-public expression). -/- This article maintains (...) that a better understanding of semiotics (the theory of signs) exposes the flaws in both decisions and bolsters the arguments of the lone dissenter in both cases, Justice Alito. Such a better understanding of semiotics involves grasping (a) how expression involves signs, (b) how signs work in general, and (c) the differences between three basic kinds of signs (indexes, icons and symbols). This article maintains that the expression involved in Stevens and in Phelps was a type of indexical or quasi-indexical expression that, for reasons similar to those involved in child pornography cases, should have no First Amendment protection. -/- This article also notes shifting interpretive positions in the Court that cry out for reform. Although Chief Justice Roberts uses a textualist approach in his majority opinion striking down the animal cruelty statute in Stevens, his majority opinion in National Federation of Independent Business v. Sebelius, 132 S.Ct. 2566 (2012), has no trouble finding a “penalty” a “tax,” upholding the Affordable Care Act, and chastising the dissent for voting to strike down a statute simply because “. . . Congress used the wrong labels.” Id. at 2597. -/- This article attempts to expose such gamesmanship in “textualism” and attempts to lay out a better semiotic path for the Court. It calls for more forthright judicial decision-making in constitutional and statutory interpretation; calls for rejecting mechanical notions of law that conceal judicial choice involved in constitutional and statutory interpretation; and calls for rejecting claims that dictionaries can settle constitutional or statutory interpretation issues without reference to constitutional and statutory goals. -/- Keywords: interpretation, construction, meaning, plain meaning, originalism, original intent, canon, semiotics, signs, signals, symbol, icon, index, signifier, signified, ordinary meaning, freedom of speech, freedom of expression, animal cruelty, first amendment, statutes. (shrink)

It is often held that people have a moral right to believe and say whatever they want. For instance, one might claim that they have a right to believe racist things as long as they keep those thoughts to themselves. Or, one might claim that they have a right to pursue any philosophical question they want as long as they do so with a civil tone. In this paper I object to those claims and argue that no one has such (...) unlimited moral rights. In Part 1 I explore the value of the freedoms of thought and expression. In Part 2 I argue against the unlimited moral right to free expression, focusing in particular on the special obligations and moral constraints that obtain for academics. In Part 3 I argue against the unlimited moral right to free thought. (shrink)

John Fischer has recently argued that the value of acting freely is the value of self-expression. Drawing on David Velleman’s earlier work, Fischer holds that the value of a life is a narrative value and free will is valuable insofar as it allows us to shape the narrative structure of our lives. This account rests on Fischer’s distinction between regulative control and guidance control. While we lack the former kind of control, on Fischer’s view, the latter is all (...) that is needed for self-expression. I first develop Fischer’s narrative account, focusing on his reliance on temporal loops as giving us control over the value of our lives. Second, I argue that the narrative account grants us greater power over the past than Fischer would allow: since narrative allows not only for changes in how we feel about episodes in our past but what those episodes in fact were, it allows for a kind of retroactive self-constitution. Finally, I suggest that this modification of the narrative view opens the possibility of a conception of freedom far stronger than guidance control. It does not give us the libertarian control over whether to choose A or B in the present, but it does provide a measure of control over the sort of person an agent has been, and thus whether she is the sort of person who will choose A or B in the future. (shrink)

Philosophers ask just whose expression, if anyone’s, we hear in lyric poetry. Walton provides a novel possibility: it’s the reader who “uses” the poem (just as a speech giver uses a speech) who makes the language expressive. But worries arise once we consider poems in particular social or political settings, those which require a strong self-other distinction, or those with expressions that should not be disassociated from the subjects whose experience they draw from. One way to meet this challenge (...) is to consider the poem expressive of a plural subject, which frees us from looking for a particular individual whose voice we hear in the work, whether she be fictional or actual. Some lyrics give voice to a group whose experience is attended to in the work. This may be done through a posited fictional speaker, but the ontology of the speaker is shown to be less important. Attending to a group whose concerns are voiced allows us to explain how poems can manage to address our-worldly concerns even when lacking actual persons whose expressions we encounter in the poems. (shrink)

This paper proposes a semantics for free choice permission that explains both the non-classical behavior of modals and disjunction in sentences used to grant permission, and their classical behavior under negation. It also explains why permissions can expire when new information comes in and why free choice arises even when modals scope under disjunction. On the proposed approach, deontic modals update preference orderings, and connectives operate on these updates rather than propositions. The success of this approach stems from (...) its capacity to capture the difference between expressing the preferences that give rise to permissions and conveying propositions about those preferences. (shrink)

Theories of free will are often measured against how well they capture everyday intuitions about free will. But what are these everyday intuitions, and what theoretical commitments do they express? Empirical methods have delivered mixed messages. In response, some free will theorists have developed error theories to undermine the credentials of countervailing intuitions. These efforts are predicated on the idea that people might misunderstand determinism in any of several ways. This paper sheds light on the comprehension problem. (...) We first discuss recent efforts to explain systematic errors in how people interpret determinism. Then, we present the alarming results of two new preregistered studies exploring three types of comprehension failure: (a) epiphenomenal bypassing, (b) fatalistic bypassing, and (c) indeterministic intrusion. Our findings suggest that misunderstanding runs deeper than others have supposed. This casts doubt on existing models of commonsense thinking about free will. Unless and until researchers properly control for the kinds of misunderstandings we identify, research on free will intuitions cannot shed light on whether ordinary thinking reflects commitments to compatibilism or incompatibilism. (shrink)

Progress may be made in resolving the tension between free will and determinism by analysis of the necessary conditions of freedom. It is of the essence that these conditions include causal and deterministic regularities. Furthermore, the human expression of free will is informed by understanding some of those regularities, and increments in that understanding have served to enhance freedom. When the possible character of a deterministic system based on physical theory is considered, it is judged that, far (...) from implying the elimination of human freedom, such a theory might simply set parameters for it; indeed knowledge of that system could again prove to be in some respects liberating. On the other hand, it is of the essence that the overarching biological framework is not a deterministic system and it foregrounds the behavioural flexibility of humans in being able to choose within a range of options and react to chance occurrences. Furthermore, an issue for determinism flows from the way in which randomness (e.g. using a true random number generator) and chance events could and do enter human life. Once the implications of that issue are fully understood, other elements fit comfortably together in our understanding of freely undertaken action: the contribution of reasons and causes; the fact that reasons are never sufficient to account for outcomes; the rationale for the attribution of praise and blame. (shrink)

Would suppressing deepfakes violate freedom of expression norms? The question is pressing because the deepfake phenomenon in its more poisonous manifestations appears to call for a response, and automated targeting of some kind looks to be the most practically viable. Two simple answers are rejected: that deepfakes do not deserve protection under freedom of expression legislation because they are fake by definition; and that deepfakes can be targeted if but only if they are misleadingly presented as authentic. To (...) make progress, following a discussion of why freedom of expression deserves protection in a democracy, the question is reframed. At issue is not whether the arrival of deepfakes brings new and potentially serious dangers (it does), nor whether these dangers call for measures that potentially limit freedom of expression (they do), but whether the need for such measures raises any new and unfamiliar freedom-of-expression challenges. The answer to that question, surprisingly, is no. The balancing act needed to cope with the arrival of deepfakes brings plenty of difficulties, certainly, but none of the measures likely to be effective in tackling deepfake harms raises freedom-of-expression concerns that aren’t familiar from consideration of non-deepfake harms. In that respect, at least, the arrival of deepfakes makes no difference. (shrink)

Some philosophers hold that stifling free expression stifles intellectual life. Others reply that freedom of expression can harm members of marginalized groups by alienating them from social life or worse. Yet we should still favour freedom of expression, especially where marginalized groups are concerned. It's better to know who has repugnant beliefs as it allows marginalized groups to identify threats: free expression qua self-defence.

Schools, colleges, and universities have become homogenizing systems that are almost exclusively focused on imposing a pre-ordered curricula through exams and grades or tight research lines. In the process, they are killing passion, creativity, and individuals’ potential and skills. Ultimately, schools and academia make up a system that serves a collective machinery but suffocates individual growth. This state of affairs is not a necessary evil. Learning, discovering and teaching can be a natural, spontaneous and luminous expressions of a free (...) and progressive growth if they are allowed to be practiced in an appropriate environment. This is a ‘manifesto’ for a Free-Progress-Education (FPE) paradigm according to which the best way of learning, acquiring knowledge, and doing research comes through a process of free self-directed learning, and a progress of self-unfoldment and self-discovery, that must be guided from within. In schools, colleges, universities and beyond. A FPE learning centre would be expected to foster curiosity, intuition, self-directed-learning in diversity, and, especially, wholesome respect for the practice of complete and responsible freedom of individual expression.FPE goes beyond the standard paradigm of unschooling or the pedagogical approach of democratic schools since it includes self-directed-education that can also work in high schools, colleges, universities, and research centres. It iAfter a brief introductory presentation, a personal preamble of the author describes his experiences with institutionalized learning from childhood to the doctoral dissertation and in a high school as a teacher. Then, the roots of the stagnant state of education will be investigated which is still based on an industrial and mechanistic mindset, and is perceived with increasing dissatisfaction. While analysing the detrimental effects that a managerial and industrial mentality has had on the education and intellectual growth of several generations, we will take as an example the deficiencies of the so-called big science, i.e. of the modern, large-scale scientific initiatives. Surveying past and present learning approaches such as the interesting renaissance of homeschooling and welcoming new trends such as unschooling or democratic education, the second part of this book looks beyond these paradigms searching for a wider spirit of education. It is emphasized that no reform is possible inside the current school and university paradigm, because it is in its essence an authoritarian system that won't allow itself to be dismantled from within. The last part of this book focuses upon a brief set of alternative proposals, which aim at overcoming the centuries-old shortcomings of the present educational system, by favouring intrinsic over extrinsic motivation. Preliminary practical ideas are put forward on what a free-progress learning community might look like, and what the first steps for its realization might be. It is explained there why it is only through a change from the ground up that the certificate-oriented educational system can transform itself into a project-oriented, self-organized, competence-portfolio based one, with no exams, grades, degrees, or other administrative trammels. At the same time, it must be made clear that the ultimate aim of doing away with the present system of assessment criteria would be to install a much deeper and articulated paradigm shift than some superficial reform and even beyond the actually undeveloped democratic education concept which still falls short beyond high-school level. What is visualized is an evolutionary pedagogical perspective, compared to the conventional one, and presented as the necessary condition for a 'Copernican approach' to education. Only after that perspective has been realized can new competences, curiosity, intuition, and real forms of creative learning return to flourish in schools and academia. (shrink)

People construe reality by using words as basic units of meaningful categorization. The present theory-driven study applied the method of a free association task to explore how people express the concepts of the world and the self in words. The respondents were asked to recall any five words relating with the word world. Afterwards they were asked to recall any five words relating with the word self. The method of free association provided the respondents with absolute freedom to (...) choose any words they wanted. Such free recall task is suggested as being a relatively direct approach to the respondents’ self- and world-related conceptual categories, without enormous rational processing. The results provide us, first, with associative ranges for constructs of the world and the self, where some associative dimensions are defined by semantic polarities in the meanings of peripheral categories (e.g., Nature vs. Culture). Second, our analysis showed that some groups of verbal categories that were associated with the words world and self are central, while others are peripheral with respect to the central position. Third, the analysis of category networks revealed that some categories play the role of a transmitter, mediating the pathway between other categories in the network. (shrink)

Ideomotor actions are behaviours that are unconsciously initiated and express a thought rather than a response to a sensory stimulus. The question examined here is whether ideomotor actions can also express nonconscious knowledge. We investigated this via the use of implicit long-term semantic memory, which is not available to conscious recall. We compared accuracy of answers to yes/no questions using both volitional report and ideomotor response . Results show that when participants believed they knew the answer, responses in the two (...) modalities were similar. But when they believed they were guessing, accuracy was at chance for volitional report , but significantly higher for Ouija response . These results indicate that implicit semantic memory can be expressed through ideomotor actions. They also suggest that this approach can provide an interesting new methodology for studying implicit processes in cognition. (shrink)

Hate groups are often thought to reveal a paradox in liberal thinking. On the one hand, such groups challenge the very foundations of liberal thought, including core values of equality and freedom. On the other hand, these same values underlie the rights such as freedom of expression and association that protect hate groups. Thus a liberal democratic state that extends those protections to such groups in the name of value neutrality and freedom of expression may be thought to (...) be undermining the values on which its legitimacy rests. In this paper, I suggest how this apparent paradox might be resolved. I argue that the state should protect the expression of illiberal beliefs, but that the state (along with its citizens) is also obligated to criticize publicly those beliefs. Distinguishing between two kinds of state action—coercive and expressive—I contend that such criticism should be pursued through the state’s expressive capacities in its roles as speaker, educator, and spender. Here I extend the familiar idea that law, to be legitimate, must be widely publicized; I contend that a proper theory of the freedom of expression obligates the legitimate state to publicize the reasons that underlie rights, in particular reasons that appeal to the entitlement of each citizen subject to coercion to be treated as free and equal. My theory of freedom of expression is thus “expressive” in two senses: it protects the entitlement of citizens to express any political viewpoint, and it emphasizes a role for the state in explaining these free-speech protections and persuading its citizens of the value of the entitlements that underlie them. (shrink)

Largely thanks to Mill’s influence, the suggestion that the state ought to restrict the distribution of misinformation will strike most philosophers as implausible. Two of Mill’s influential assumptions are particularly relevant here: first, that free speech debates should focus on moral considerations such as the harm that certain forms of expression might cause; second, that false information causes minimal harm due to the fact that human beings are psychologically well equipped to distinguish truth and falsehood. However, in addition (...) to our moral obligations, we also have a distinct set of epistemic obligations—and even when a false belief doesn’t harm anyone, it constitutes an epistemically bad outcome. Moreover, Mill was profoundly mistaken about human psychology: human beings are vulnerable to the influence of a wide variety of false claims via a wide variety of psychological mechanisms. Consequently, there is a purely epistemic justification for restricting the distribution of misinformation: because each of us has an individual epistemic obligation to avoid unnecessary exposure to misinformation, and because avoiding such exposure is simply too difficult when acting alone, we all have a shared epistemic obligation to establish laws or regulations restricting the widespread distribution of misinformation. (shrink)

Far from being of mere historical interest, concept horse-style expressibility problems arise for versions of type-theoretic semantics in the tradition of Montague. Grappling with expressibility problems yields lessons about the philosophical interpretation and empirical limits of such type-theories.

this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem (...) to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Rawlins (2013: 160) observes that both unconditionals and more classical free choice can be meta-characterized using orthogonality, but does not actually unify the two. One reason may be that in English, different expressions serve in these roles. By contrast, in Hungarian, AKÁR expressions serve as NPIs, FCIs, and unconditional adjuncts, but not as interrogatives or free relatives. This paper offers a unified account of the Hungarian data, extending Chierchia 2013 and Dayal 2013. The account produces the same unconditional (...) meanings that Rawlins derives from an interrogative basis. This result highlights the fact that sets of alternatives arise from different morpho-syntactic sources and are utilized by the grammar in different ways, but the results may fully converge. (shrink)

Anonymity promotes free speech by protecting the identity of people who might otherwise face negative consequences for expressing their ideas. Wrongdoers, however, often abuse this invisibility cloak. Defenders of anonymity online emphasise its value in advancing public debate and safeguarding political dissension. Critics emphasise the need for identifiability in order to achieve accountability for wrongdoers such as trolls. The problematic tension between anonymity and identifiability online lies in the desirability of having low costs (no repercussions) for desirable speech and (...) high costs (appropriate repercussions) for undesirable speech. If we practice either full anonymity or identifiability, we end up having either low or high costs in all online contexts and for all kinds of speech. I argue that free speech is compatible with instituting costs in the form of repercussions and penalties for controversial and unacceptable speech. Costs can minimise the risks of anonymity by providing a reasonable degree of accountability. Pseudonymity is a tool that can help us regulate those costs while furthering free speech. This article argues that, in order to redesign the Internet to better serve free speech, we should shape much of it to resemble an online masquerade. (shrink)

The perhaps most important criticism of the nontransitive approach to semantic paradoxes is that it cannot truthfully express exactly which metarules preserve validity. I argue that this criticism overlooks that the admissibility of metarules cannot be expressed in any logic that allows us to formulate validity-Curry sentences and that is formulated in a classical metalanguage. Hence, the criticism applies to all approaches that do their metatheory in classical logic. If we do the metatheory of nontransitive logics in a nontransitive logic, (...) however, there is no reason to think that the argument behind the criticism goes through. In general, asking a logic to express its own admissible metarules may not be a good idea. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 (...) Effective protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

Sentences containing definite descriptions, expressions of the form ‘The F’, can be formalised using a binary quantifier ι that forms a formula out of two predicates, where ιx[F, G] is read as ‘The F is G’. This is an innovation over the usual formalisation of definite descriptions with a term forming operator. The present paper compares the two approaches. After a brief overview of the system INFι of intuitionist negative free logic extended by such a quantifier, which was presented (...) in (Kürbis 2019), INFι is first compared to a system of Tennant’s and an axiomatic treatment of a term forming ι operator within intuitionist negative free logic. Both systems are shown to be equivalent to the subsystem of INFι in which the G of ιx[F, G] is restricted to identity. INFι is then compared to an intuitionist version of a system of Lambert’s which in addition to the term forming operator has an operator for predicate abstraction for indicating scope distinctions. The two systems will be shown to be equivalent through a translation between their respective languages. Advantages of the present approach over the alternatives are indicated in the discussion. (shrink)

According to Steven Nadler's novel interpretation of Spinoza's much discussed ‘free man’, the free man is not an unattainable ideal. On this reading, the free man represents an ideal condition not because he is passionless, as has often been claimed, but because even though he experiences passions, he ‘never lets those passions determine his actions’. In this paper, I argue that Nadler's interpretation is incorrect in taking the model of the free man to be an attainable (...) ideal within our reach. Furthermore, I show that Spinoza's moral philosophy has room for another ideal yet attainable condition, which is represented by the wise man. On my reading, becoming a wise man consists not in surmounting human bondage, but in understanding ourselves as finite expressions of God's power and, thereby, coming to terms with the ineliminability of bondage for us due to our very human or modal condition in the Spinozistic universe. (shrink)

In August 2017, Google executives found themselves in a difficult position. An internal memo written by a disgruntled software engineer, James Damore, had just gone viral. In this memo, Damore claimed that the relatively small number of women in the tech industry was partly due to biological factors, and that many of Google’s diversity efforts were therefore counterproductive. The contents of this memo were offensive to many (and thus were having a negative impact on the overall workplace environment), but the (...) executives were aware that the wrong reaction to it would at least partially vindicate Damore’s claims about the lack of open discussion at Google. In the end, after two days of controversy, Google leadership decided to fire Damore on the grounds that he had violated the company’s code of conduct. This case gives students an opportunity to explore the numerous issues raised by Damore’s memo and the controversy surrounding it. Did Google handle this case properly? Was firing Damore the right thing to do? How could the situation have been handled more effectively? (shrink)

The uniqueness of each standpoint, each point of effect, can only be "overcome" by the standpoint changing to other standpoints and returning. In such alternation, which can also appear as constant change, lies the unity of the world. The wholeness of an alternation, however, is a structure of consciousness due to the special relationship between the circumscribing periphery and the infinitesimal center. This process structure unites determinacy and indeterminacy also totally in every place. Therefore, everywhere we are dealing with forms (...) of consciousness with more or less freedom of choice and an increasingly unknown depth. We live in a world of choosing consciousness, or rather awareness. In this respect, our environment expresses a deep truth about ourselves. (shrink)

Several prominent contemporary philosophers, including Jürgen Habermas, John Caputo, and Robert Bernasconi, have at times painted a somewhat negative picture of Gadamer as not only an uncritical traditionalist, but also as one whose philosophical project fails to appreciate difference. Against such claims, I argue that Gadamer’s reflections on art exhibit a genuine appreciation for alterity not unrelated to his hermeneutical approach to the other. Thus, by bringing Gadamer’s reflections on our experience of art into conversation with key aspects of his (...) philosophical hermeneutics, we are able to better assess the viability of Gadamer’s contributions to contemporary discussions of difference and alterity. -/- Sections two through six focus on key concepts in Gadamer’s account of art’s dynamic ontology and our experience of art. Such concepts include the play structure of art, hermeneutic identity, tarrying with a work, and contemporaneity. The opening sections provide not only a discussion of these central themes, but they also (1) draw attention to the various ways in which difference and otherness are integral to Gadamer’s account, and (2) utilize relevant musical examples that prepare the reader for a more focused discussion of a Gadamerian approach to free jazz in section seven. By highlighting how Gadamer’s understanding of art possesses a dialogical play structure, is characterized by identity and difference, requires actively engaged spectators and auditors, and is amenable to what many criticize as an unintelligible musical expression, viz. free jazz, Gadamer’s project is shown as other-affirming and open to ambiguity and dynamism. That is, the essential structures and concepts characterizing Gadamer’s reflections on art are likewise central to his overall hermeneutical project, and hence are not rightly described as un-attuned to difference or other-negating. Rather, Gadamer’s philosophical project upholds difference, since it requires a dialogical interplay between self and other that creates the possibility for a transformative experience. (shrink)

The purpose of this chapter is to consider the question of whether respect for persons requires toleration of the expression of any extremist political or religious viewpoint within public discourse. The starting point of my discussion is Steven Heyman and Jonathan Quong’s interesting defences of a negative answer to this question. They argue that respect for persons requires that liberal democracies should not tolerate the public expression of extremist speech that can be regarded as recognition-denying or respect-denying speech (...) – that is, speech or other expressive conduct that expresses viewpoints that explicitly reject that all persons should be regarded and treated as free and equal persons or citizens. According to Heyman and Quong, recognition-denying speech falls outside the scope of the right to participate in public discourse (i.e. what it is a right to). In contrast to Heyman and Quong, one can argue that a strong case can be made for viewpoint neutrality on the basis of what can be called a libertarian or Nozickean status-based theory of rights. According to this theory, toleration in a liberal democracy requires respect for the status of persons as thinking agents, and respect for thinking agents and their sovereignty over their own mind requires viewpoint neutrality – that is, a basic right to participate in public discourse as speakers and listeners free from state-imposed viewpoint-based restrictions. All persons should have a basic right to express, hear and consider any viewpoint within public discourse. This doctrine of viewpoint neutrality requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any viewpoint within public discourse, even if it is morally wrong to express, or expose others to, such views. (shrink)

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in (...) particular conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

The quotational theory of free indirect discourse postulates that pronouns and tenses are systematically unquoted. But where does this unquotation come from? Based on cases of apparent unquotation in direct discourse constructions (including data from Kwaza speakers, Catalan signers, and Dutch children), I suggest a general pragmatic answer: unquotation is essentially a way to resolve a conflict that arises between two opposing constraints. On the one hand, the reporter wants to use indexicals that refer directly to the most salient (...) speech act participants and their surroundings (Attraction). On the other hand, the semantics of direct discourse (formalized here in terms of event modification) entails the reproduction of referring expressions from the original utterance being reported (Verbatim). Unquotation (formalized here also in terms of event modification), allows the reporter to avoid potential conflicts between these constraints. Unquotation in free indirect discourse then comes out as a special case, where the salient source of attraction is the story protagonist and her actions, rather than the reporting narrator and his here and now. (shrink)

The present study expresses the thesis that there is a direct connection between the development of the consciousness of individuals in a society, the occurrence of law, and the formation of free will. First of all, the text distinguishes between consciousness in the broad sense and consciousness in the narrow sense. Also, the text represents the different degrees of awareness, which will answer the question at what level of their development human individuals reach the ability to coexist in a (...) legal society. Subsequently, the thesis will be defended that in such a legal society the necessary prerequisites for the formation of free will in the individual subject are created. (shrink)

Freedom of speech has traditionally been a cause championed by the left and liberal side of the political spectrum, against conservatives who have tried to limit the expression of radical ideas. Here are three examples from the United States: 1) When I was appointed to Princeton University in 1999, Steve Forbes, whose father had endowed the university’s Forbes College, called for my appointment to be rescinded, and pledged that he would not donate to the university as long as I (...) was on the faculty. Forbes was, at the time, running for the Republican nomination for president. (shrink)

Combinatory logic (Curry and Feys 1958) is a “variable-free” alternative to the lambda calculus. The two have the same expressive power but build their expressions differently. “Variable-free” semantics is, more precisely, “free of variable binding”: it has no operation like abstraction that turns a free variable into a bound one; it uses combinators—operations on functions—instead. For the general linguistic motivation of this approach, see the works of Steedman, Szabolcsi, and Jacobson, among others. The standard view in (...) linguistics is that reflexive and personal pronouns are free variables that get bound by an antecedent through some coindexing mechanism. In variable free semantics the same task is performed by some combinator that identifies two arguments of the function it operates on (a duplicator). This combinator may be built into the lexical semantics of the pronoun, into that of the antecedent, or it may be a free-floating operation applicable to predicates or larger chunks of texts, i.e. a typeshifter. This note is concerned with the case of cross-sentential anaphora. It adopts Hepple’s and Jacobson’s interpretation of pronouns as identity maps and asks how this can be extended to the cross-sentential case, assuming the dynamic semantic view of anaphora. It first outlines the possibility of interpreting indefinites that antecede non-ccommanded pronouns as existential quantifiers enriched with a duplicator. Then it argues that it is preferable to use the duplicator as a type-shifter that applies “on the fly”. The proposal has consequences for two central ingredients of the classical dynamic semantic treatment: it does away with abstraction over assignments and with treating indefinites as inherently existentially quantified. However, cross-sentential anaphora remains a matter of binding, and the idea of propositions as context change potentials is retained. (shrink)

Can we sustain the idea, once expressed by Henri Poincaré, that science and values only touch but do not interpenetrate? Isn’t such an idea nothing more than an idealization? Is there no link between science and genuine human flourishing?

This paper aims at providing an epistemic defense of democracy based on John Dewey’s idea that democracies do not only find problems and provide solutions to them but they also articulate problems. According to this view, when citizens inquire about collective issues, they also partially shape them. This view contrasts with the standard account of democracy’s epistemic defense, according to which democracy’s is good at tracking and finding solutions that are independent of political will-formation and decision-making. It is also less (...) vulnerable to the criticisms that have been raised against the standard account. To show this, the paper develops a theory of expressive domination and argues that problem-articulation works best when it is inclusive and domination-free. It also shows that democratic conflict represents a fundamental element for problem-articulation. (shrink)

One of the most important elements of Hegel’s philosophical anthropology is his moral psychology. In particular, his understanding of the relation between motivations and reason plays a crucial intermediate role in connecting his anthropological meditations on the complete nature of the human being with his political theory of actualized freedom. Whereas recent important work on Hegel’s moral psychology has detected a Kantian distinction between natural desires and the rational perspective, the activity of practical reason actually takes place within motivations themselves (...) on Hegel’s view. The exercise of the free, rational will is best understood in terms of its role in shaping the experience of malleable, indeterminate motivations. Rather than stepping back, the free agent on Hegel’s account delves further into the motivation, acting on it in the dual sense of being guided by and transforming it. This is what it means for Hegel to conceive of agency as self-expression while maintaining the centrality of reason for Free Will. Hegel says that when we go further into the motivations in this way, we should stop speaking of motivation in terms of drives and instead begin speaking of character. (shrink)

If one takes seriously the idea that a scientific language must be extensional, and accepts Quine’s notion of truth-value-related extensionality, and also recognizes that a scientific language must allow for singular terms that do not refer to existing objects, then there is a problem, since this combination of assumptions must be inconsistent. I will argue for a particular solution to the problem, namely, changing what is meant by the word ‘extensionality’, so that it would not be the truth-value that had (...) to be preserved under the substitution of co-extensional expressions, but the state of affairs that the sentence described. The question is whether or not elementary sentences containing empty singular terms, such as ‘Vulcan rotates’, are extensional in the substitutivity sense. Five conditions are specified under which extensionality in the substitutivity sense of such sentences can be secured. It is demonstrated that such sentences are state-of-affairs-as-extension-related extensional. This implies that such sentences are also truth-value-related extensional in Quine’s sense, but not truth-value-as-extension-related extensional. (shrink)

Is it not surprising that we look with so much pleasure and emotion at works of art that were made thousands of years ago? Works depicting people we do not know, people whose backgrounds are usually a mystery to us, who lived in a very different society and time and who, moreover, have been ‘frozen’ by the artist in a very deliberate pose. It was the Classical Greek philosopher Aristotle who observed in his Poetics that people could apparently be moved (...) even by the imitation of a person or an act. And although we are usually well aware that it is a simulacrum, not a real situation, it nevertheless sometimes seems as if we ourselves are standing there on the stage or in the painting, so intense and emotional is our response, even though we are just spectators. Aristotle concludes from this that we have intellectual capacities which allow us put ourselves in another’s place and consequently to react to simulated situations as though they are actually happening to us, here and now. In this process, he contends, observation, memory, imagination and emotions are crucial elements. In the past it was not customary to invoke human mental faculties to explain our response to works of art. The Ancient Greeks, after all, knew little about the human body or brain and usually referred to the extended world of the gods in their endeavours to comprehend the ‘inner world’ of human beings. In our time the situation is completely different—such an allusion to the brain no longer surprises us. Whether it is about the mystery of the consciousness, the question of free will or accounts of bizarre psychological aberrations or disorders, we have become accustomed to references to parts of the brain, to images of brain scans, to reports about neural networks and the like. However, because there are so many factors that play a part in our appreciation of works of art we need a complex explanation for it, and it is not enough to look only at certain properties of the brain that are determined by evolution. Those properties are shared by every human being, and so are rather useless in explaining people’s different reactions to the same work of art. Evidently the brains of individuals differ so much that they make it possible for people to respond differently to one and the same artwork. This, of course, raises questions concerning the painted emotions that can be seen in this exhibition. Virtually everyone, after all, is fascinated by such paintings and usually recognizes the emotions they represent. The reactions to these painted emotions are also often similar. This is probably why artworks like this are generally highly valued, then and now, here and elsewhere: from the enigmatically smiling Egyptian Queen Nefertiti and the startled Rembrandt to a seemingly despairing African mask. Aristotle observed that in the theatre players imitate actions that are associated with emotions in a number of ways and that these emotions are shared in a particular fashion by the playwright, the actors and the audience. The audience may even be carried away by these emotions to such an extent that they are in a sense purged of them and can subsequently leave the theatre relieved. Are such emotional reactions perhaps related to the fact that emotions are universal and that brains respond similarly to them? Is this why we can so readily identify painted emotions? May we therefore also assume that the properties of the brain determined by evolution help us to explain these emotions? In answering these questions we shall discuss a number of insights into emotions in psychology and brain science and explore some theories about the possible function of emotions and their expression. (shrink)

In this paper we present a philosophical motivation for the logics of formal inconsistency, a family of paraconsistent logics whose distinctive feature is that of having resources for expressing the notion of consistency within the object language in such a way that consistency may be logically independent of non- contradiction. We defend the view according to which logics of formal inconsistency may be interpreted as theories of logical consequence of an epistemological character. We also argue that in order to philosophically (...) justify paraconsistency there is no need to endorse dialetheism, the thesis that there are true contradictions. Furthermore, we argue that an intuitive reading of the bivalued semantics for the logic mbC, a logic of formal inconsistency based on classical logic, fits in well with the basic ideas of an intuitive interpretation of contradictions. On this interpretation, the acceptance of a pair of propositions A and ¬A does not mean that A is simultaneously true and false, but rather that there is conflicting evidence about the truth value of A. (shrink)

The article explores the regulatory aspect of the right to freedom of expression. It focuses on human rights case law to see how the guarantee of this right considers subjects, who are required to be free in specific ways in order to exercise their freedoms aptly.

The search for the extensions of sentences can be guided by Frege’s “principle of compositionality of extension”, according to which the extension of a composed expression depends only on its logical form and the extensions of its parts capable of having extensions. By means of this principle, a strict criterion for the admissibility of objects as extensions of sentences can be derived: every object is admissible as the extension of a sentence that is preserved under the substitution of co-extensional (...) expressions. The question is: what are the extensions of elementary sentences containing empty singular terms, like ‘Vulcan rotates’. It can be demonstrated that in such sentences, states of affairs as structured objects (but not truth-values) are preserved under the substitution of co-extensional expressions. Hence, such states of affairs are admissible (while truth-values are not) as extensions of elementary sentences containing empty singular terms. (shrink)

How sexuality should be regulated in a liberal political community is an important, controversial theoretical and empirical question—as shown by the recent criminalization of possession of some adult pornography in the United Kingdom. Supporters of criminalization argue that Mill, often considered a staunch opponent of censorship, would support prohibition due to his feminist commitments. I argue that this account underestimates the strengths of the Millian account of private conduct and free expression, and the consistency of Millian anticensorship with (...) feminist values. A Millian contextual defense of liberty, however, suggests several other policy approaches to addressing the harms of pornography. (shrink)

This chapter offers a plea for the media to reframe its coverage of campus controversies from free expression to academic freedom. These freedoms are entwined, but distinct. Freedom of expression is extended to all persons with no expectation of quality control, apart from legal prohibitions against defamation, threats, etc. By contrast, academic freedom is a cluster of freedoms afforded to scholarly personnel for a particular purpose – namely, the pursuit of universities’ academic mission to seek truth and (...) advance understanding in the service of society. An academic freedom framing better reflects the distinctive social purpose around which universities are organized, as well as universities’ duty of care to employees and students. While universities have a legal and moral duty of care to all employees and students, the unjust, exclusionary past and present of higher education arguably makes that duty particularly acute in the case of equity-deserving (e.g., racialized, Indigenous, disabled or 2SLGBTQ+) people. Finally, academic freedom framing for campus media stories is less monolithic than free expression framing, allowing for a more nuanced understanding of campus controversies while keeping universities accountable to the public they serve. In this chapter, I survey three very different campus controversies at a single Canadian university, and the media response each received. I show how an academic freedom frame for those stories would have produced better reportage while reducing opportunities for bad actors to manipulate both universities and the media. At the end of the day, the real crisis at universities isn’t the cancellation of ill-judged events that were never a part of the academic mission; it is the ongoing erosion of academic freedom. (shrink)

Over the years, companies have adopted hiring algorithms because they promise wider job candidate pools, lower recruitment costs and less human bias. Despite these promises, they also bring perils. Using them can inflict unintentional harms on individual human rights. These include the five human rights to work, equality and nondiscrimination, privacy, free expression and free association. Despite the human rights harms of hiring algorithms, the AI ethics literature has predominantly focused on abstract ethical principles. This is problematic (...) for two reasons. First, AI principles have been criticized for being vague and not actionable. Second, the use of vague ethical principles to discuss algorithmic risks does not provide any accountability. This lack of accountability creates an algorithmic accountability gap. Closing this gap is crucial because, without accountability, the use of hiring algorithms can lead to discrimination and unequal access to employment opportunities. This paper makes two contributions to the AI ethics literature. First, it frames the ethical risks of hiring algorithms using international human rights law as a universal standard for determining algorithmic accountability. Second, it evaluates four types of algorithmic impact assessments in terms of how effectively they address the five human rights of job applicants implicated in hiring algorithms. It determines which of the assessments can help companies audit their hiring algorithms and close the algorithmic accountability gap. (shrink)

Deepfake technology can be used to produce videos of real individuals, saying and doing things that they never in fact said or did, that appear highly authentic. Having accepted the premise that Deepfake content can constitute a legitimate form of expression, it is not immediately clear where the rights of content producers and distributors end, and where the rights of individuals whose likenesses are used in this content begin. This paper explores the question of whether it can be plausibly (...) argued that Deepfake content involving the likenesses of real individuals violates the rights of these individuals. (shrink)

The history of philosophy is replete with attempts at invoking rationality as a means of directing and even subduing human desire and emotion. Understood as that which moves human beings to action, desire and emotion come to be associated with human freedom and rationality as a means of curbing that freedom. Plato, for instance, takes for granted a separation between thought and action that drives a wedge between our rational ability to exercise self-discipline and the free expression of (...) desire and emotion. Hobbes, on the other hand, replaces our internal ability for rational self-control with the external authority of the political State. So long as freedom and control are pitted against one another, human beings are incapable of attaining a symbiosis of these two elements of human action so essential to realizing true democracy. Unlike Plato, John Dewey sees in democracy the greatest potential for individual and social life. The purpose of this dissertation is to demonstrate how the educational philosophy of Dewey, which culminates in an educational aesthetic, appeals to and makes the most of the symbiosis of freedom and self-control, emotion and reason. Dewey’s educational aesthetic not only offers an alternative to traditional methods of education, but also demonstrates how the goal of a democratic way of life is made feasible by means of intelligently guided self-discipline—a form of self-control guided by intelligence that is not a constraint upon freedom, but instead embodies greater opportunity for freedom. I trace the basis for this synthesis, in the social-political and pedagogical principles of John Locke and Jean-Jacques Rousseau. Both Locke and Rousseau offer educational theories that begin turning our attention toward the essential partnership required of rationality and emotion. Dewey's educational aesthetic is then considered as a response to alienating forms of education that continue to pit control and freedom against one another, and which thwart the intellectual and emotional development necessary for autonomy and democratic forms of social organization. (shrink)

The recent distribution of nude photos of a number of high profile Hong Kong celebrities has provoked intense discussion about the state of Hong Kong's obscenity and indecency laws. In this paper, I argue that Hong Kong's laws prohibiting the transfer of obscene and indecent information and images between consenting adults are both under-inclusive and over-inclusive. The Control of Obscene and Indecent Articles Ordinance is under-inclusive in that it does not adequately criminalise grave violations of privacy. It is also over-inclusive (...) because it is a blanket prohibition against the transfer by all parties (including consenting adults) of all forms of obscene and indecent materials. The laws unnecessarily violate the free expression rights of both the producer and consenting viewer of the offensive materials. The producer/publisher of such materials does not harm his or her audience as they willingly view such materials. The justification for maintaining a blanket prohibition against all transfers of such materials is invalid and utterly and totally out of touch with modern life in Hong Kong. The proponents of such laws have used Victorian positive morality considerations to justify continued criminalisation. These laws should be abrogated and replaced with a new piece of legislation that is narrowly tailored to deal with those types of offensive displays that are wrongful in a critical rather than a mere positive morality sense. Criminalisation should be limited to those offences that target children or use children in the production process, violate the rights of non-consenting adult audiences not to receive certain intimate information in certain public contexts, and violate privacy rights by publishing a person's private and intimate information without consent. If x obtains y's profoundly private information and publishes it without y's consent, then x violates y's privacy rights in a grave way. The violation in the right circumstances will justify a criminal law response rather than a mere civil law response. Similarly, if x and y copulate on a public bus they subject the captive audience to an offensive display which violates the non-consenting audience's right not to receive certain intimate information. I argue below that these types of privacy violations give the lawmaker a legitimate justification for invoking the criminal law. (shrink)

The central thesis of my article is that people live a life worthy of a human being only as self-ruling members of some autarchic (or self-governing) communities. On the one hand, nobody is born as a self-ruling individual, and on the other hand, everybody can become such a person by observing progressively the non-aggression principle and, ipso facto, by behaving as a moral being. A self-ruling person has no interest in controlling her neighbors, but in mastering his own impulses, needs, (...) wishes, desires, behaviors, etc. Inasmuch as he is an imperfect being who lives in an imperfect world, he needs to share certain interests, beliefs, values, customs and other characteristics with other people, i.e. to be involved in some communities. Depending on the following four criteria – the regulatory principle, the essential resources, the specific feedback and the fundamental values –, the countless and manifold human communities can be grouped in three categories: (1) affinity communities, (2) economic communities, and (3) civic communities. In other words, every community or human behavior has an affinity, an economic, and a civic dimension. If a civic community is merely a state shaped society, it can be called a political community. All communities are intrinsically variable. Throughout time, they ceaselessly change their composition, values, interpersonal processes and relations, territory, etc. Interestingly enough, the variability is unanimously recognized and accepted in affinity and communities economic, but is denied or abusively interpreted in the case of state shaped societies. If we confuse two types of order − cosmos and taxis – and two types of rule – nomos and thesis –, as well as we exaggerate the importance of certain type of community we bring some social maladies, namely the traditionalism, the commercialism and the civism, (with the worst form of it – the politicality). Whatever the communities they are involved in, all persons relate (implicitly or explicitly) to the libertarian non-aggression principle, living their life in strict accordance with the logical implications of the position they adopt. People who respect the non-aggression axiom necessarily manifest self-control, consideration for the life and property of the others, commitment to offer value for value, love of freedom and a high level of individual responsibility. By contrast, people who violate this axiom – the villains and the statists – invariably strive to control their neighbors, behave as parasites or predators, prefer forced exchanges, reject the personal responsibility (at most accepting the idea of social responsibility), and apply double moral standards. The first category of people generates a libertarian civic discourse as a spontaneous order, and the second creates a political/ statist civic discourse as a result of the human design and will to power. As a spontaneous order, the libertarian civic discourse implies free involvement, peaceful coordination, free expression, free reproduction of ideas and the power of one. Every communication performance in the frame of the libertarian civic discourse is important and has relevant results. All participants to the libertarian civic discourse are automatically members of some self-governing communities (at least members of the general libertarian community). The most important thing for these communities is to be connected to a communicational infrastructure which would make possible free involvement, free expression and the free reproduction of ideas. Inasmuch as today democracy means the tyranny of majority and participatory democracy the tyranny of majority plus the power of vested (and illegitimate) interests, only the emergence of self-governing communities by libertarian discourse offers us a little hope. It’s high time to fall in love (again) with liberty and to embrace the non-aggression principle. We don’t have to create a perfect world, but we can strive to develop our human nature. (shrink)

The main purpose of this article is to tackle the problem of living together – as dignified human beings – in a certain territory in the field of social philosophy, on the theoretical grounding ensured by some remarkable exponents of the Austrian School − and by means of the praxeologic method. Because political tools diminish the human nature not only of those who use them, but also of those who undergo their effects, people can live a life worthy of a (...) human being only as members of some autarchic or self-governing communities. As a spontaneous order, every autarchic community is inherently democratic, inasmuch as it makes possible free involvement, peaceful coordination, free expression and the free reproduction of ideas. The members of autarchic communities are moral individuals who avoid aggression, practice self-control, seek a dynamical efficiency and establish a democratic public discourse. (shrink)

We argue that the extant evidence for Stoic logic provides all the elements required for a variable-free theory of multiple generality, including a number of remarkably modern features that straddle logic and semantics, such as the understanding of one- and two-place predicates as functions, the canonical formulation of universals as quantified conditionals, a straightforward relation between elements of propositional and first-order logic, and the roles of anaphora and rigid order in the regimented sentences that express multiply general propositions. We (...) consider and reinterpret some ancient texts that have been neglected in the context of Stoic universal and existential propositions and offer new explanations of some puzzling features in Stoic logic. Our results confirm that Stoic logic surpasses Aristotle’s with regard to multiple generality, and are a reminder that focusing on multiple generality through the lens of Frege-inspired variable-binding quantifier theory may hamper our understanding and appreciation of pre-Fregean theories of multiple generality. (shrink)