Any adequate semantics of generic sentences (e.g., “Philosophers evaluate arguments”) must accommodate both what we call the positive data and the negative data. The positive data consists of observations about what felicitous interpretations of generic sentences are available. Conversely, the negative data consists of observations about which interpretations of generic sentences are unavailable. Nguyen argues that only his pragmatic neo-Gricean account and Sterken’s indexical account can accommodate the positive data. Lee and Nguyen have advanced the debate by arguing that the (...) negative data is a problem for both Nguyen’s and Sterken’s accounts; these two accounts seem to incorrectly predict that generics have felicitous interpretations that they, in fact, fail to have. In this paper, we advance this debate—and, more generally, the task of developing an adequate formal semantics of generics—by arguing that a neglected class of theories are compatible with both the positive data and the negative data. Specifically, we argue that treating the generic operator GEN as a relative gradable expression with a positive, upper- and lower- bounded scale helps accommodate the positive data and the negative data. While developing this view, we show how several previously developed semantics of generics may systematically accommodate both sets of data. One broad contribution of this paper is to show that, while they generate important desiderata, the positive and negative data cannot determine a unique semantics for generics. A further contribution of this paper is to highlight previously unnoted ways in which degree semantics may inform semantic theories of generic meaning. (shrink)

David Miller argues that national identity is indispensable for the successful functioning of a liberal democracy. National identity makes important contributions to liberal democratic institutions, including creating incentives for the fulfilment of civic duties, facilitating deliberative democracy, and consolidating representative democracy. Thus, a shared identity is indispensable for liberal democracy and grounds a good claim for self-determination. Because Miller’s arguments appeal to the instrumental values of a national culture, I call his argument ‘instrumental value’ arguments. In this paper, I examine (...) the instrumental value arguments and show that they fail to justify a group’s right to self-determination. (shrink)

This paper argues that phenomenal consciousness is what makes an entity a welfare subject. I develop a variety of motivations for this view, and then defend it from objections concerning death, non-conscious entities that have interests (such as plants), and conscious entities that necessarily have welfare level zero. I also explain how my theory of welfare subjects relates to experientialist and anti-experientialist theories of welfare goods.

This paper develops a theory of analog representation. We first argue that the mark of the analog is to be found in the nature of a representational system’s interpretation function, rather than in its vehicles or contents alone. We then develop the rulebound structure theory of analog representation, according to which analog systems are those that use interpretive rules to map syntactic structural features onto semantic structural features. The theory involves three degree-theoretic measures that capture three independent ways in which (...) a system can be more or less analog. We explain how our theory improves upon prior accounts of analog representation, provides plausible diagnoses for novel challenge cases, extends to hybrid systems that are partially analog and partially symbolic, and accounts for some of the advantages and disadvantages of representing analogically versus symbolically. (shrink)

In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a degreed property to count as degrees of consciousness, (...) and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

I offer some responses to Prosser’s ‘Experiencing Time’, one of whose goals is to debunk a view of temporal experience somewhat prevalent in the metaphysics literature, which I call ‘Perceptualism’. According to Perceptualism: it is part of the content of perceptual experience that time passes in a metaphysically strong sense: the present has a metaphysically privileged status, and time passes in virtue of changes in which events this ‘objective present’ highlights, and moreover this gives us evidence in favor of strong (...) passage. Prosser argues that perception cannot be sensitive to whether the strong passage obtains, and therefore cannot represent strong passage in a way that gives us evidence of its truth. Although I accept this conclusion, I argue that Prosser’s argument for it is problematic. It threatens to over-generalize to rule out uncontroversial cases of perceptual knowledge, such as our knowledge that we live in a spatial world. Furthermore, a successful argument ruling out perceptual evidence for strong passage would have to give constraints on the theory/observation distinction of a kind not provided by Prosser’s discussion. I also comment on several other parts of the book. (shrink)

Is consciousness intrinsically valuable? Some theorists favor the positive view, according to which consciousness itself accrues intrinsic value, independent of the particular kind of experience instantiated. In contrast, I favor the neutral view, according to which consciousness is neither intrinsically valuable nor disvaluable. The primary purpose of this paper is to clarify what is at stake when we ask whether consciousness is intrinsically valuable, to carve out the theoretical space, and to evaluate the question rigorously. Along the way, I also (...) show why the neutral view is attractive and why certain arguments for the positive view do not work. (shrink)

In this paper, I propose a new self-defense theory of punishment, the rights-protection theory. By appealing to the interest theory of right, I show that what we call “the right of self-defense” is actually composed of the right to protect our basic rights. The right of self-defense is not a single, self-standing right but a group of derivative rights justified by their contribution to the protection of the core, basic rights. Thus, these rights of self-defense are both justified and constrained (...) by the basic rights they are supposed to protect. I then explain how this theory responds to a common objection. Opponents argue that, to exercise the right of self-defense, some threat must be present. However, in the context of punishment, the threat has already taken effect or is already gone. Thus, the right of self-defense becomes irrelevant when we punish an offender. I show that this objection is based on an implausibly narrow conception of self-defense. A reasonable conception would allow us to exercise our right of self-defense when there is a present definite threat, a future definite threat, or a potential threat. Thus, we may still exercise our right of self-defense in the context of punishment. (shrink)

Conscious experiences are characterized by mental qualities, such as those involved in seeing red, feeling pain, or smelling cinnamon. The standard framework for modeling mental qualities represents them via points in geometrical spaces, where distances between points inversely correspond to degrees of phenomenal similarity. This paper argues that the standard framework is structurally inadequate and develops a new framework that is more powerful and flexible. The core problem for the standard framework is that it cannot capture precision structure: for example, (...) consider the phenomenal contrast between seeing an object as crimson in foveal vision versus merely as red in peripheral vision. The solution I favor is to model mental qualities using regions, rather than points. I explain how this seemingly simple formal innovation not only provides a natural way of modeling precision, but also yields a variety of further theoretical fruits: it enables us to formulate novel hypotheses about the space and structures of mental qualities, formally differentiate two dimensions of phenomenal similarity, generate a quantitative model of the phenomenal sorites, and define a measure of discriminatory grain. A noteworthy consequence is that the structure of the mental qualities of conscious experiences is fundamentally different from the structure of the perceptible qualities of external objects. (shrink)

Some philosophers think that life is worth living not merely because of the goods and the bads within it, but also because life itself is good. I explain how this idea can be formalized by associating each version of such of a view with a function from length of life to the value generated by life itself. Then I argue that every version of the view that life itself is good faces some version of the following dilemma: either (1) good (...) human lives are worse than very long lives wholly devoid of pleasure, desire-satisfaction, knowledge, or any other goods, or (2) very short lives containing nothing but suffering are worth living. Since neither result is plausible, we ought to reject the view that life itself is good. On the view I favor, any given life may be worth living because of the goods that it contains, but life itself is neutral. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

The standard versions of predicativism are committed to the following two theses: proper names are count nouns in all their occurrences, and names do not refer to objects but express name-bearing properties. The main motivation for predicativism is to provide a uniform explanation of referential names and predicative names. According to predicativism, predicative names are fundamental and referential names are explained by appealing to a null determiner functioning like “the” or “that.” This paper has two goals. The first is to (...) reject the predicativists’ explanation of the two types of names. I present three syntactic counterexamples to the predicativists’ account of referential names: incorporation, modification, and measure phrase uses. The second goal is to present a novel strategy to explain the two types of names. I propose that referential names are fundamental but that there are null morphemes available for transforming a name into a count noun (and possibly into other syntactic categories). (shrink)

There is growing concern that decision-making informed by machine learning (ML) algorithms may unfairly discriminate based on personal demographic attributes, such as race and gender. Scholars have responded by introducing numerous mathematical definitions of fairness to test the algorithm, many of which are in conflict with one another. However, these reductionist representations of fairness often bear little resemblance to real-life fairness considerations, which in practice are highly contextual. Moreover, fairness metrics tend to be implemented in narrow and targeted toolkits that (...) are difficult to integrate into an algorithm’s broader ethical assessment. In this paper, we derive lessons from ethical philosophy and welfare economics as they relate to the contextual factors relevant for fairness. In particular we highlight the debate around acceptability of particular inequalities and the inextricable links between fairness, welfare and autonomy. We propose Key Ethics Indicators (KEIs) as a way towards providing a more holistic understanding of whether or not an algorithm is aligned to the decision-maker’s ethical values. (shrink)

I assess a number of connected ideas about temporal experience that are introspectively plausible, but which I believe can be argued to be incorrect. These include the idea that temporal experiences are extended experiential processes, that they have an internal structure that in some way mirrors the structure of the apparent events they present, and the idea that time in experience is in some way represented by time itself. I explain how these ideas can be developed into more sharply defined (...) views, and then argue that these views are inconsistent with certain empirical facts about how time is represented in the brain. These facts instead support a kind of atomic view, on which temporal experiences are temporally unstructured atoms. (shrink)

This introduction to the Journal of Business Research special issue on anti-consumption briefly defines and highlights the importance of anticonsumption research, provides an overview of the latest studies in the area, and suggests an agenda for future research on anti-consumption.

Epistemic injustices are wrongs that agents can suffer in their capacity as knowers. In this article, I offer a conceptualisation of a phenomenon I call anticipatory epistemic injustice, which I claim is a distinct and particularly pernicious type of epistemic injustice worthy of independent analysis. I take anticipatory epistemic injustice to consist in the wrongs that agents can suffer as a result of anticipated challenges in their process of taking up testimony-sharing opportunities. I distinguish my account from paradigmatic cases of (...) epistemic injustice, such as Miranda Fricker’s concepts of testimonial injustice and hermeneutical injustice; additionally, I differentiate my view from Kristie Dotson’s account of testimonial smothering. I argue, ultimately, that anticipatory epistemic injustice is a useful addition to our current taxonomy of epistemic injustices, as it has promising explanatory potential for a range of non-standard cases of epistemic injustice. (shrink)

Totalitarianism is perhaps unanimously regarded as one of the greatest political evils of the last century and has been the grounds for much of Anglo-American political theory since. Confucianism, meanwhile, has been gaining credibility in the past decades among sympathizers of democratic theory in spite of criticisms of it being anti-democratic or authoritarian. I consider how certain key concepts in the classical Confucian texts of the Mencius and the Xunzi might or might not be appropriated for ‘legitimising’ totalitarian regimes. Under (...) an Arendtian approach to understanding totalitarianism, it is precisely an unproblematised relation to a normative History and Nature that underlies the potential compatibility or incompatibility. I argue against a longstanding prejudice that if any form of Confucianism would be totalitarian, it would have to be Xunzian. Against this, I hope to show that if any form of Confucianism would be totalitarian, it might well be a naturalistic Mencian Confucianism instead of a constructivist Xunzian one. (shrink)

The close association of particular races with particular classes invites a means to exhibit disdain for a race via class. Class and race do not simply occupy a list of social problems, because generally, specific races correlate with particular classes. Racism is presently unacceptable, but not classism. We may feel sympathy for the poor, but we do not refrain from disdain. The disdain of the poor centers on Neoclassical economics’ insistence on choice in regards to class. The language of choice (...) does not circumscribe race. Michel Foucault’s work illustrates that the persistent correlation of race and class is not merely sociological but conceptual. Such close associations of particular races with particular classes serve as a means to generate essentialisms that express racism through classism. (shrink)

Nguyen argues that only his radically pragmatic account and Sterken’s indexical account can capture what we call the positive data. We present some new data, which we call the negative data, and argue that no theory of generics on the market is compatible with both the positive data and the negative data. We develop a novel version of the indexical account and show that it captures both the positive data and the negative data. In particular, we argue that there is (...) a semantic constraint that, in any context, the semantic value of GEN is upward monotone and non-symmetric. On the other hand, the pragmatic account has difficulty accommodating the negative data. This is because no pragmatic principles have been developed that can explain the negative data. In the paper, we focus on only the pragmatic account and the indexical account, but our discussion has broad implications for the debate on generics: any empirically adequate accounts of generics must be flexible enough to accommodate the positive data and yet constrained enough to accommodate the negative data. (shrink)

Many philosophers accept both of the following claims: (1) consciousness matters morally, and (2) species membership doesn’t matter morally. In other words, many reject speciesism but accept what we might call 'sentientism'. But do the reasons against speciesism yield analogous reasons against sentientism, just as the reasons against racism and sexism are thought to yield analogous reasons against speciesism? This paper argues that speciesism is disanalogous to sentientism (as well as racism and sexism). I make a case for the following (...) asymmetry: (a) some non-humans clearly have interests, but (b) no non-conscious entities clearly have interests. This asymmetry, I argue, renders sentientism resistant to the standard argument against speciesism. (shrink)

This paper defends contextualism against relativists" "faultless disagreement’ objection, while focusing on the debate about the semantics of predicates of personal taste. Relativists argue that there exists the phenomenon of faultless disagreement, and that relativism is the only framework where we can provide an explanation of this phenomenon. Against this argument, I first suggest three categories of disagreement which are not a faultless disagreement, and I argue that all apparent cases of faultless disagreement belong to one of these three categories. (...) In particular, I argue that the illusion of the existence of faultless disagreement arises when we have not specified the context of conversation in a sufficient way or when we have failed to notice that there is simply a conceptual disagreement. (shrink)

Homi Bhabha brings attention to the figure of the postcolonial metropolitan subject—a third world subject who resides in the first world. Bhabha describes the experiences of the “colonial” subject as ambivalently split. As much as his work is insightful, Bhabha's descriptions of the daily life of postcolonial metropolitan subjects as split and doubled is problematic. His analysis lends only to the possibility of these splittings/doublings as schizophrenically wholly arising. His analysis cannot account for the agonistic moments when the colonial subject (...) is caught in not knowing, and in developing understanding about present circumstances. A framework with an account of context and horizons, such as in phenomenology, can better depict the experiences of the postcolonial metropolitan subject. Maurice Merleau-Ponty follows a gestaltian contact with the world, which advances that the “most basic unit of experience is that of figure-on-a-background.” One perceives the figure/theme because of and within the background/horizon. In this horizonal framework, human experiences are ambiguously open. The openness in the horizon of the gestaltian framework better accounts for the conditions Bhabha refers to as splitting. The ambivalence can be understood not simply as conundrums that defy understanding but as ambiguous moments for expanding, developing, and growing. (shrink)

This paper argues that knowledge of what it’s like varies along a spectrum from more exact to more approximate, and that phenomenal concepts vary along a spectrum in how precisely they characterize what it’s like to undergo their target experiences. This degreed picture contrasts with the standard all-or-nothing picture, where phenomenal concepts and phenomenal knowledge lack any such degreed structure. I motivate the degreed picture by appeal to (1) limits in epistemic abilities such as recognition, imagination, and inference, and (2) (...) the semantics of ‘knows what it’s like’ expressions. I argue that approximate phenomenal knowledge cannot be explained merely via determinable or vague phenomenal concepts. I develop a framework for systematizing approximate knowledge of phenomenal character. And I explain how my view challenges some standard assumptions about the acquisition conditions, requirements for mastery, and referential mechanisms of phenomenal concepts. (shrink)

I sketch here an intuitive picture of repeatable artworks as created types, which are individuated in part by historical paths (re)production. Although attractive, this view has been rejected by a number of authors on the basis of general claims about abstract objects. On consideration, however, these general claims are overgeneralizations, which whilst true of some abstracta, are not true of all abstract objects, and in particular, are not true of created types. The intuitive picture of repeatable artworks as created types (...) is, then, left in place. (shrink)

Psychologists and philosophers have not yet resolved what they take implicit attitudes to be; and, some, concerned about limitations in the psychometric evidence, have even challenged the predictive and theoretical value of positing implicit attitudes in explanations for social behavior. In the midst of this debate, prominent stakeholders in science have called for scientific communities to recognize and countenance implicit bias in STEM fields. In this paper, I stake out a stakeholder conception of implicit bias that responds to these challenges (...) in ways that are responsive to the psychometric evidence, while also being resilient to the sorts of disagreements and scientific progress that would not undermine the soundness of this call. Along the way, my account advocates for attributing collective (group-level) implicit attitudes rather than individual-level implicit attitudes. This position raises new puzzles for future research on the relationship (metaphysical, epistemic, and ethical) between collective implicit attitudes and individual-level attitudes. (shrink)

This paper reconstructs the function argument of Aristotle’s Eudemian Ethics 2.1. The argument seeks to define happiness through the method of division; shows that the highest good is better than all four of the goods of the soul, not only two, as commentators have thought; and unlike the Nicomachean argument, makes the highest good definitionally independent of the human function.

The syntactic structure of the deontic “ought” has been much debated in philosophy and linguistics. Schroeder argues that the deontic “ought” is syntactically ambiguous in the sense that it can be associated with either a control or raising construction. He distinguishes between deliberative and evaluative “ought”s and argues that the deliberative “ought” is control while the evaluative “ought” is raising. However, if there is a control sense of “ought,” it implies that there is a sense of “ought” in which the (...) word carries an external argument. Chrisman (2012) proposes two linguistic tests to verify this prediction. I add a new test, which I call the intensionality test, to the list. (shrink)

Are a material object, such as a statue, and its constituting matter, the clay, parts of one another? One wouldn't have thought so, and yet a number of philosophers have argued that they are. I review the arguments for this surprising claim showing how they all fail. I then consider two arguments against the view concluding that there are both pre-theoretical and theoretical considerations for denying that the statue and the clay are mutual parts.

The Rohingyas, the longest-standing stateless refugees in Malaysia, are continuously denied access to formal education. The UN Refugee Agency and local non-government organizations run learning centers that offer non-formal education to Rohingya children. Existing literature highlights that, in the absence of formal openings, alternative educational programmes remain the main provider of refugee education in Malaysia. This study, using the Inter-Agency Network for Education in Emergencies' five-domain framework, examines the educational standards provided to Rohingya refugees in Malaysia. The findings suggest that (...) most learning centers lack financial, human, and infrastructural resources. Lack of opportunity for secondary schooling makes primary education less worth it. Moreover, prevailing cultural and religious norms make it challenging for Rohingya children (especially girls) to access educational opportunities outside the community. National examinations and academic accreditation for learning are inaccessible to refugees, including Rohingyas. This paper deliberates on some immediate and long-term measures that can potentially address these issues. However, all actors, including UNHCR and the Malaysian government, must collaborate towards formulating a sustainable solution to this critical problem. (shrink)

Both Kymlicka and Patten argue that the equal treatment of different national groups require that the state officially recognize the right of each to create its own autonomous government. After carefully examining their arguments, I show that they both make the false assumption that, in a multinational state, the state belongs only to the majority group but not the minority, and that a multination state can never treat minority groups equally. Both claims are inherently anti-pluralistic. Thus, the equal treatment of (...) different national cultures does not require that each be granted the right to self-government. (shrink)

This paper explores two ideas in Aristotle: the idea that a just person is necessarily a lawful and law-abiding citizen, and second, the idea that the virtuous person necessarily cares about the common good. In this paper, I show that justice and its concern for the common good is central to Aristotle’s conception of the virtuous agent, and that justice, in turn, cannot be understood apart from the various laws that states devise for the common benefit.

To address the rising concern that algorithmic decision-making may reinforce discriminatory biases, researchers have proposed many notions of fairness and corresponding mathematical formalizations. Each of these notions is often presented as a one-size-fits-all, absolute condition; however, in reality, the practical and ethical trade-offs are unavoidable and more complex. We introduce a new approach that considers fairness—not as a binary, absolute mathematical condition—but rather, as a relational notion in comparison to alternative decisionmaking processes. Using US mortgage lending as an example use (...) case, we discuss the ethical foundations of each definition of fairness and demonstrate that our proposed methodology more closely captures the ethical trade-offs of the decision-maker, as well as forcing a more explicit representation of which values and objectives are prioritised. (shrink)

I argue that experiences can have microphenomenal structures, where the macrophenomenal properties we introspect are realized by non-introspectible microphenomenal properties. After explaining what it means to ascribe a microstructure to experience, I defend the thesis against its principal philosophical challenge, discuss how the thesis interacts with other philosophical issues about experience, and consider our prospects for investigating the microphenomenal realm.

The emphasis on evidence based medicine (EBM) has placed increased focus on finding timely answers to clinical questions in presence of patients. Using a combination of natural language processing for the generation of clinical excerpts and information theoretic distance based clustering, we evaluated multiple approaches for the efficient presentation of context-sensitive EBM excerpts.

In his early experimental work with Suppes, Davidson adopted rationality assumptions, not as necessary constraints on interpretation, but as practical conceits in addressing methodological problems faced by experimenters studying decision making under uncertainty. Although the content of their theory has since been undermined, their methodological approach—a Galilean form of methodological rationalism—lives on in contemporary psychological research. This article draws on Max Weber’s verstehen to articulate an account of Galilean methodological rationalism; explains how anomalies faced by Davidson’s early experimental work gave (...) rise to his later, canonical claims about rationality and interpretation; and reclaims this Galilean framework for use in contemporary psychological research. (shrink)

Individualistic traditions of autonomy have long been critiqued by feminists for their atomistic and asocial presentation of human agents. Relational approaches to autonomy were developed as an alternative to these views. Relational accounts generally capture a more socially informed picture of human agents, and aim to differentiate between social phenomena that are conducive to our agency versus those that pose a hindrance to our agency. In this article, I explore the various relational conceptualizations of autonomy profferred to date. I critically (...) review some of the ongoing internal disputes within the relational autonomy literature, and conclude the article by taking stock of the value of relational autonomy despite these unresolved debates. (shrink)

It seems certain that one day we will allow the genetic technology which will enhance our offspring. A highly effective new tool, called CRISPR, which allows for carving out genes, is already being used to edit the genomes of animals. In July 2017, the FDA legalized that germline drugs for therapeutic purposes could be sold in the market. It is a high time, now, that we need engage in discussions about the ethics of germline intervention. To contribute to the discussion (...) by showing our thought and to educate the public, we write this paper. (shrink)

Are counterfactuals with true antecedents and consequents automatically true? That is, is Conjunction Conditionalization: if (X & Y), then (X > Y) valid? Stalnaker and Lewis think so, but many others disagree. We note here that the extant arguments for Conjunction Conditionalization are unpersuasive, before presenting a family of more compelling arguments. These arguments rely on some standard theorems of the logic of counterfactuals as well as a plausible and popular semantic claim about certain semifactuals. Denying Conjunction Conditionalization, then, requires (...) rejecting other aspects of the standard logic of counterfactuals, or else our intuitive picture of semifactuals. (shrink)

The “saturated phenomenon” is Jean-Luc Marion’s principal hypothesis, by which he tries to ground the source of phenomenality. Against the transcendental phenomenology, Marion finds phenomena that go beyond the constitutional power of intention. The saturated phenomenon is never possessed because the saturated phenomenon withdraws itself and thus it endlessly escapes from us. A problem of intelligibility thus arises. The essential finitude of the subject requires that the subject passively receives what the saturated phenomenon gives. Marion, however, endows the gifted with (...) more than the mere passivity. The subject is invited as a “witness” who actively responds to the call of the phenomenon. Marion posits the interpersonal relationship. The problem of the interpretability of intention is another problem inherent in the infinity of interpretation of the other. In our ordinary lives, we habitually search out the other’s intention, infinitely. Emmanuel Levinas clearly points out that the other is the transcendent source of ethics, a source which is not intelligible to us. The other, for Levinas, does not appear to the subject, but conditions it. Marion, by contrast, neutralizes the other and “the face” imposes “oneself” as the other who is neutrally visible to us. I assume Marion is more interested in the world of objects, rather than the world of persons, and thus misses the peculiarity resident in the personhood of persons. We become passive in the presence of the personality, not because we want to become passive, but because we realize our own power of illustration does not fill in the personality. (shrink)

I develop and defend a sense-datum theory of perception. My theory follows the spirit of classic sense-datum theories: I argue that what it is to have a perceptual experience is to be acquainted with some sense-data, where sense-data are private particulars that have all the properties they appear to have, that are common to both perception and hallucination, that constitute the phenomenal characters of perceptual experiences, and that may be aptly described as pictures in-side one’s head. But my theory also (...) diverges from conventional sense-datum theories in some key respects: on my view, (1) sense-data are first-person presentations of neural states, (2) the sensational qualities of sense-data differ in kind from the sensible qualities of external objects, and (3) sense-data are the vehicles in virtue of which we perceive, rather than the objects that we perceive. I argue that this package of claims is appropriately labeled ‘sense-datum theory’, and that the resultant view ought to be a live contender in contemporary philosophy of perception. (shrink)

This essay introduces the philosophy of legal information (PLI), which is a response to the radical changes brought about in philosophy by the information revolution. It reviews in some detail the work of Luciano Floridi, who is an influential advocate for an information turn in philosophy that he calls the philosophy of information (PI). Floridi proposes that philosophers investigate the conceptual nature of information as it currently exists across multiple disciplines. He shows how a focus on the informational nature of (...) traditional philosophical questions can be transformative for philosophy and for human self-understanding. The philosophy of legal information (PLI) proposed here views laws as a body of information that is stored, manipulated, and analyzed through multiple methods, including the computational methodologies. PLI offers resources for evaluating the ethical and political implications of legal infomatics (also known as "legal information systems"). -/- This essay introduces PLI. Parts I and II describe Floridi's philosophy of information. First, Part I introduces the transformation in the concept of information that occurred in the twentieth century through the work of Alan Turning and Claude Shannon. Part II describes Floridi's approaches to traditional questions in epistemology, ontology, and ethics. Part III applies PI to the analysis of legal positivism. It suggests that PLI is a viable project that has potential for transforming the understanding law in the information age. -/- . (shrink)

A Lockean metaphysics of belief that understands outright belief as a determinable with degrees of confidence as determinates is supposed to effect a unification of traditional coarse-grained epistemology of belief with fine-grained epistemology of confidence. But determination of belief by confidence would not by itself yield the result that norms for confidence carry over to norms for outright belief unless belief and high confidence are token identical. We argue that this token-identity thesis is incompatible with the neglected phenomenon of “mistuned (...) knowledge” – knowledge in the absence of rational confidence. We show how partial epistemological unification can be secured, even without token identity, given determination of outright belief by degrees of confidence. Finally, we suggest a direction for the pursuit of thoroughgoing epistemological unification. (shrink)

This paper explores the liar paradox and its implications for logic and philosophical reasoning. It analyzes the paradox using classical logic principles and paraphrases it as "affirmation of the falsity of the very affirmation." The study draws connections between the liar paradox and Hegel's speculative sentence and suggests it functions as a "quasi-speculative sentence." Additionally, it examines parallels with the logocentric predicament and the determinist's assertion, highlighting their paradoxical nature. Through these analyses, the paper aims to illuminate the fundamental paradoxes (...) in our reasoning and logic. (shrink)

Investigating an actual case that occurred in a New York state hospital where an Orthodox Jewish patient’s legal proxy demands that the clinicians and hospital administrators should provide aggressive treatment with all available technological resources for the seemingly brain-dead patient with a medically futile condition. The authors argue that a health care policy or regulation should be developed to limit patient’s access to technology in critical care. Otherwise, we will be allowing society to issue a carte blanche to religious autonomy (...) by technology abuse. It is argued that religious autonomy should be restricted when its demand exhibits apparent logical absurdity and/or goes against the common survival of the entire population. (shrink)

Some Anglophone legal theorists look to analytic philosophy for core presuppositions. For example, the epistemological theories of Ludwig Wittgenstein and Willard Quine shape the theories of Dennis Patterson and Brian Leiter, respectively. These epistemologies are anti-foundational since they reject the kind of certain grounding that is exemplified in Cartesian philosophy. And, they are coherentist in that they seek to legitimate truth-claims by reference to entire linguistic systems. While these theories are insightful, the current context of information and communication technologies (ICT) (...) has created new informational concepts and issues. As a result, the analytic epistemologies are increasingly challenged by alternative perspectives. One such alternative is Structural Realism (SR), which is influential among the natural sciences, and especially physics. “Informational Structural Realism,” (ISR) is a variant of SR that was introduced by Luciano Floridi. Unlike the coherentist theories, ISR promotes examination of the connections among types of information and informational structures. It is an important shift for legal theory today, since the challenges that the ICT presents have to do with pattern recognition across vast domains of diverse data. An informational jurisprudence is now required to understand the issues emerging from the ICT. (shrink)

A famous mathematical theorem says that the sum of an infinite series of numbers can depend on the order in which those numbers occur. Suppose we interpret the numbers in such a series as representing instances of some physical quantity, such as the weights of a collection of items. The mathematics seems to lead to the result that the weight of a collection of items can depend on the order in which those items are weighed. But that is very hard (...) to believe. A puzzle then arises: How do we interpret the metaphysical significance of this mathematical theorem? I first argue that prior solutions to the puzzle lead to implausible consequences. Then I develop my own solution, where the basic idea is that the weight of a collection of items is equal to the limit of the weights of its finite subcollections contained within ever-expanding regions of space. I show how my solution is intuitively plausible and philosophically motivated, how it reveals an underexplored line of metaphysical inquiry about quantities and locations, and how it elucidates some classic puzzles concerning supertasks. (shrink)

Andrew McGonigal presents some interesting data concerning truth in serial fictions.1 Such data has been taken by McGonigal, Cameron and Caplan to motivate some form of contextualism or relativism. I argue, however, that many of these approaches are problematic, and that all are under-motivated as the data can be explained in a standard invariantist semantic framework given some independently plausible principles.

Is A & C sufficient for the truth of ‘if A were the case, C would be the case’? Jonathan Bennett thinks not, although the counterexample he gives is inconsistent with his own account of counterfactuals. In any case, I argue that anyone who accepts the case of Morgenbesser's coin, as Bennett does, should reject Bennett’s counterexample. Moreover, I show that the principle underlying his counterexample is unmotivated and indeed false. More generally, I argue that Morgenbesser’s coin commits us to (...) the sufficiency of A & C for the truth of the corresponding counterfactual. (shrink)

Clarence I. Lewis (1883-1964) delineated the structure of mind based on his “conceptual pragmatism.” Human mind grounds itself on the ongoing dynamic interaction of relational processes, which is essentially mediated and structural. Lewis’s pragmatism anchors itself on the theory of knowledge that has the triadic structure of the given or immediate data, interpretation, and the concept. Lewis takes the a priori given as a starting point of meaningful experience. The interpretative work of mind is the mediator of the a priori (...) given and the concepts. The a priori given is the principle that determines the application of concepts in our interpretative process. Our mind interprets the given in relating to other possible experience. In other words, the meaning of the a priori given is determined by mind, the subject of interpretative process, which performs constructive and legislative activity, and allows room for the existence of alternatives. Lewis’s theory of knowledge calls for pragmatic justification of value experience. In his ethical theory, Lewis pursues to find answers for how to build up the objectivity of value experience regarding the work of mind as conceptual apparatus. For Lewis, knowledge is a claim about valuation and normativity. In our value experience, the normative significance of our empirical assessments for action comprises objective significance for future experience. Mind is “principle- content apparatus” composed of imperatives as the a priori given principles and the contents of experience as a whole.Imperatives are the result of lessons accumulated from the past and function as rules for the future. Individuals start their experience from imperatives and organize their own experience by doing based on the inferential process, which is directional from the past to the future. (shrink)

Recent studies of peacebuilding highlight the importance of attending to people’s local experiences of conflict and cooperation. This trend, however, raises the fundamental questions of how the local is and should be constituted and what the relationship is between institutions and individual actors of peace at the local level of politics. I turn to Hannah Arendt’s thoughts to address these issues. Arendt’s thinking provides a distinctive form of realism that calls for stable institutions but never depletes the spirit of resistance. (...) Peacebuilding guided by this insight seeks to enable parties in conflict to voice their competing opinions by acting agonistically in public and to help them align their disruptive yet creative voices with a desire to establish and sustain common institutions. Thus, Arendt’s thinking not only offers a way to increase sensitivity to local differences but also to provide direction to the politics of resistance. In the end, it offers a balanced insight into peacebuilding and local agency beyond the contemporary liberal and critical approaches to peace. (shrink)