Lawyers and judges cannot adequately address the nature of text, meaning, or interpretation without reference to the insights provided by linguists and philosophers of language. Exploring some of those insights, this article focuses upon what linguists and philosophers of language call “pragmatics.” Pragmatics examines the relations between words and users rather than the relations of words to words (syntax) or the relations of words to the world (semantics). In other words, pragmatics studies how language users actually use and interpret words (...) and other signs in communication. -/- Pragmatics recognizes that speaker meaning can differ from (and even contradict) linguistic meaning, including the literal meaning of text. In its proper context, for example, “Bob is indeed a good lawyer” can ironically mean just the opposite. Pragmatics also recognizes that relevant text is not a thing-in-itself that is simply given. Good lawyers look at such things as purpose and cohesion when determining relevant text. They do not simply take their opponent’s (or even their client’s) assertions of relevance. -/- Pragmatics also provides lawyers with a number of specific concepts and tools which are helpful in determining speaker meaning. For user convenience, this article attempts to set out in one place a number of such concepts and tools. These include: (1) types of cohesion that help determine relevant text, (2) types of context that help determine meaning, (3) pragmatic principles of construction such as principles of relevance and politeness, and (4) important pragmatic notions or devices such as anaphora, cataphora, ellipsis, deixis, presupposition, unstated premises, entailment, and implementives. -/- Finally, as a recurring example (among others) of pragmatics in action, this article examines from multiple perspectives textual issues raised in King v. Burwell, 576 U.S. __ (2015). -/- Keywords: Pragmatics, Semiotics, Interpretation, Textualism, Plain Meaning, King v. Burwell, Affordable Care Act, Text, Meaning, Speaker Meaning, Implicature. (shrink)

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

The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)

This Article explores the interpretation and construction of executive orders using as examples President Trump’s two executive orders captioned “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Two Executive Orders”). President Trump issued the Two Executive Orders in the context of (among other things) Candidate Trump’s statements such as: “Islam hates us,” and “[W]e can’t allow people coming into this country who have this hatred.” President Trump subsequently provided further context including his tweet about the second (...) of his Two Executive Orders: “People, the lawyers and the courts can call [the second of the Two Executive Orders] whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!” Although President Trump replaced the first of the Two Executive Orders with the second one and although the Supreme Court by orders dated October 10, 2017 and October 24, 2017, vacated and remanded litigation involving the second order on grounds of mootness, the Two Executive Orders remain highly instructive for those who would understand the interpretation and construction of executive orders. This article therefore examines in detail the original speaker's (i.e., President Trump's) intended meaning and effect of the Two Executive Orders. It performs such examination using insights from the semiotic subfield of pragmatics, a semiotic subfield which explores how real-world people actually use, interpret, and construe language in various real-world contexts (including contexts where the issuer of the Two Executive Orders himself has claimed that “Islam hates us” and has tweeted “TRAVEL BAN!”). Using such insights of pragmatics, this Article also explores why reasonable judges thoroughly versed in legal theory, legal practice, and pragmatics should conclude that President Trump unlawfully targeted Muslims in the Two Executive Orders. This Article, among other things, also questions the sensibility of such notions as “facial legitimacy” to the extent such notions suggest text has meaning apart from context. Keywords: executive orders, speaker meaning, interpretation, construction, semiotics, pragmatics, originalism, speech acts, context, facial legitimacy, Constitutionality, First Amendment,Trump v. Int’l Refugee Assistance Project, Scalia, immigration, semantics, original meaning, travel ban, Trump, textualism. (shrink)

Like others who work with language, many lawyers no doubt appreciate good kennings. However, metaphors also play a much deeper role in thought and law than style, ornament, or verbal virtuosity. As we shall see, metaphors play a necessary role in our categories of thought. As a result, metaphors are a necessary part of thought itself, including legal thought.

Brief reflections in prose and verse on the vital importance of linguistic diversity.

This article briefly addresses the following questions: Why should we study narrative? Does narrative have a basic overarching form or forms? How does framing drive narrative? How do concepts drive narrative? What can we do when we lack the necessary concepts for the narrative we need to tell? Are there basic storylines that repeat? Are there basic character types that we reuse? Can narrative drive the results of a Supreme Court case? Can narrative drive transactional practice? How does narrative's importance (...) underscore the importance of an education in the humanities? (shrink)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two professor (...) types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (shrink)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (shrink)

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

This article maintains that the so-called theory-practice divide in legal education is not only factually false but semantically impossible. -/- As to the divide's falsity, practitioners have of course performed excellent scholarship and academics have excelled in practice. As to the divide's semantic impossibility, this article examines, among other things: -/- (1) the essential role of experience in meaning, -/- (2) the resulting inseparability of theory and practice in the world of experience, -/- (3) problems the divide shares in common (...) with debunked Cartesian dualism, and -/- (4) modern cognitive psychology’s notions of embodied meaning which further underscore the semantic impossibility of separating theory from practice in the world of experience. -/- Using insights from such examinations, this article also explores implications of a debunked theory-practice divide for, among other things, law school curriculums and law school faculty hiring standards. -/- Keywords: legal education, legal writing, semantics, theory, practice, experience, Charles Sanders Peirce, embodied meaning, cognitive psychology, Cartesian dualism, affordance knowledge, metaphor, George Lakoff, category, humanities, Langdell, pragmatism, semiotics, philosophy. (shrink)

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

Brief thoughts on why Rawls' "fictional" veil of ignorance is in fact real and why social morals and self-interest thus converge.

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)

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

Langdellian “science” and its “formalism” ignore ways form permits and even creates freedom of choice. For example, as Wordsworth notes, though the weaver is restricted by what his form of loom can weave, the weaver may nonetheless choose what and how he weaves. Furthermore, the loom creates weaving possibilities that do not exist without it. Such freedom alongside form is often lost on lawyers, judges, and teachers trained primarily in Langdellian redacted appellate cases where “facts” and other framed matters often (...) wrongly appear as simply given. Similarly, in the context of their redacted appellate cases, many current students may only see constraint in IRAC (Issue-Rule-Application-Conclusion) and other thought forms rather than the fastidious freedoms such forms both provide and create. -/- Overlooking such freedoms is not only misleading in itself. It also misses the need to study how such freedoms are and should be exercised. When facts are simply presented as “given” and strategic and other choices go unrecorded and unnoticed in redacted appellate opinions, no thorough analysis of these overlooked subjects can occur. This is extremely troubling since such overlooked subjects are at the very heart of the lawyer’s craft. -/- Attempting to remedy such Langdellian shortcomings, this article explores, among other things, five basic levels of thought and the framing choices in such levels of thought: references, issues, rules, application of rules, and conclusions. Though often merely taken as “given” in redacted appellate opinions, a good grasp of reference assures that parties are in fact talking about the same matter or matters (the “reference”). It also increases the likelihood of ascertaining and properly framing all the relevant “facts” in a manner reasonably and ethically consistent with a client’s real interests. Similarly, focusing on flexibility of issue framing both brings necessary focus on what is important in the reference and, to the extent reasonable and ethical, again increases the likelihood of frames most consistent with a client’s real interests. A good grasp of applicable rules and how to frame and apply them on its face increases the likelihood of representing a client well. A good grasp of conclusions and how to frame and hedge them also does the same. -/- Grasping the multilevel complexities in play at these multiple levels pushes us beyond briefing redacted appellate cases to the much more difficult and stimulating work of exploring and teaching good legal thought at all its levels. Legal writing professors are pioneers in this regard and others in the academy can learn much from them. -/- Keywords: RIRAC, IRAC, CREAC, Reference, Issue, Analysis, Rule, Application, Conclusion, Frame, Framing, Metaphor, Concept, Category, Legal Thought, Legal Analysis, Rhetoric, Langdell, Wordsworth, Form, Formalism, Sonnet, Text. (shrink)

The work of Thomas White represents a systematic attempt to combine the best of the new science of the seventeenth century with the best of Aristotelian tradition. This attempt earned him the criticism of Hobbes and the praise of Leibniz, but today, most of his attempts to navigate between traditions remain to be explored in detail. This paper does so for his ontology of accidents. It argues that his criticism of accidents in the category of location as entities over (...) and above substances was likely aimed at Francisco Suárez, and shows how White’s worries about the analysis of location were linked with his broader cosmological views. White rejects real qualities, but holds that the quantity of a substance is somehow distinct from its bearer. This reveals a common ground with some of his scholastic interlocutors, but lays bare a deep disagreement with thinkers like Descartes on the nature of matter. (shrink)

Is it possible for an individual that has gone out of being to come back into being again? The English Aristotelian, Thomas White, argued that it is not. Thomas Hobbes disagreed, and used the case of the Ship of Theseus to argue that individuals that have gone out of being may come back into being again. This paper provides the first systematic account of their arguments. It is doubtful that Hobbes has a consistent case against White. Still his (...) criticism may have prompted White to clarify his views on identity over time in his later work. (shrink)

Arguably the biggest challenge in analyzing English tense is to account for the double access interpretation, which arises when a present tensed verb is embedded under a past attitude—e.g., "John said that Mary is pregnant". Present-under-past does not always result in a felicitous utterance, however—cf. "John believed that Mary is pregnant". While such oddity has been noted, the contrast has never been explained. In fact, English grammars and manuals generally prohibit present-under-past. Work on double access, on the other hand, has (...) either disregarded the oddity (e.g., Abusch 1997: 39) or treated it as a reflex of a particular dialect (e.g., Kratzer 1998: 14). The goal of the paper is to argue—based on a corpus study—that a present-under-past sentence is grammatical, but modulated by two, interacting pragmatic phenomena: cessation and parentheticality. (shrink)

From the mid-1960s until the late 1980s, the well-known general philosophies of science of the time were applied to economics. The result was disappointing: none seemed to fit. This paper argues that this is due to a special feature of economics: it possesses ‘orientational paradigms’ in high number. Orientational paradigms are similar to Kuhn’s paradigms in that they are shared across scientific communities, but dissimilar to Kuhn’s paradigms in that they are not generally accepted as valid guidelines for further research. (...) As will be shown by several examples, orientational paradigms provide economics with common points of reference that support its epistemic coherence and make scientific discourse more easily possible across school boundaries. With the help of systematicity theory, a newer general philosophy of science, one can further elucidate the role of orientational paradigms with regard to scientific progress. (shrink)

In the 1960s, before the promulgation of Humanae Vitae, the Catholic philosophers Elizabeth Anscombe and Herbert McCabe OP debated whether there are convincing natural law arguments for the claim that contraception violates an exceptionless moral norm. This article revisits those arguments and critiques McCabe’s approach to natural law, concerned primarily with ‘social sin’ and not simply violations of ‘right reason,’ as one particularly ill-suited to addressing questions in sexual ethics and unable both to distinguish properly between certain forms of sexual (...) wrongdoing and more obviously social sins such as theft, and also to distinguish between ‘natural’ and ‘unnatural’ sexual acts. Anscombe’s views, I argue, are closer to those of Thomas Aquinas and provide reasons for making the distinctions McCabe does not. An argument concerning the nature of the institution of marriage and the effects of non-marital acts on that institution is proposed as a way of strengthening Anscombe’s argument that contraception violates an exceptionless moral norm. (shrink)

Diogenes Laertius’ Lives of Eminent Philosophers occupies a unique place in the history of Western philosophy. In addition to its valuable summaries of the doctrines of philosophers and their schools, it is often the best, or, indeed, the only source available for biographical details of many figures. Yet, as a work, it is often criticized for a lack of originality and critical judgement, notable only because it happened to survive while all other philosophical histories of the era did not, or (...) useful only because Diogenes had access to sources which are now lost to us. White sets himself against this pessimistic interpretation of Diogenes, and endeavors to show both the genuine merits of his work and his worth as a historian. (shrink)

Ryan Tonkens (2009) has issued a seemingly impossible challenge, to articulate a comprehensive ethical framework within which artificial moral agents (AMAs) satisfy a Kantian inspired recipe - both "rational" and "free" - while also satisfying perceived prerogatives of Machine Ethics to create AMAs that are perfectly, not merely reliably, ethical. Challenges for machine ethicists have also been presented by Anthony Beavers and Wendell Wallach, who have pushed for the reinvention of traditional ethics in order to avoid "ethical nihilism" due (...) to the reduction of morality to mechanical causation, and for redoubled efforts toward a comprehensive vision of human ethics to guide machine ethicists on the issue of moral agency. Options thus present themselves: reinterpret traditional ethics in a way that affords a comprehensive account of moral agency inclusive of both artificial and natural agents, “muddle through” regardless, or give up on the possibility. This paper pursues the first option, meets Tonkens' "challenge" and addresses Wallach's concerns through Beaver's proposed means, by "landscaping" traditional moral theory in resolution of the necessary comprehensive and inclusive account that at once draws into question the stated goals of Machine Ethics, itself. (shrink)

Abstract for Descent and Logic in Biosystematics: An Essay AUTHOR: THOMAS MCCABE PUBLISHER: PERSEVERANT PUBLISHING Descent and Logic in Biosystematics: An Essay is a short book about biological systematics and taxonomy. Some of the subjects con- sidered in it are philosophical: taxonomic theory, species concepts, speciation models, and evolutionary theories. Yet the book also covers matters not philosophical, such as taxonomic operations, experi- mental taxonomy, and a new suggested taxonomic method with worked examples. The author finds relationships among these (...) topics. The book is addressed to biosystematists, practicing biological tax- onomists, and philosophers of biology. It will also interest others who draw on biological taxonomy and biosystematics in their work. Descent and Logic in Biosystematics: An Essay goes into some old topics such as traditional biological identifying, classifying, and nomenclature; some recent, such as cladistic analysis, phylogenetics, and phylogenomics; and a few new, such as the logic of mutually exclusive taxon definitions, and techniques for using directly obser- ved reproductive events and pedigree analysis to untangle certain taxonomic dilemmas. There is a chapter about minimizing am- biguities when defining biological taxa, a chapter on the relevance of human biology to biosystematics, chapters addressing some biosys- tematic problems associated with the phenomenon of hybridization, a chapter on the relationship of biological taxonomy to conservation biology, and a chapter about the scientificity of evolutionary theories. Descent and Logic in Biosystematics: An Essay is published with a glossary, twelve black and white line figures, a dynamic table of contents, linked cross references, linked bibliographic citations, and a detailed index in the print and PDF versions. Descent and Logic in Biosystematics: An Essay, is available from the publisher in print and PDF formats, and from distributors and retailers as an ebook. It should be considered for academic libraries, research libraries, natural history museum libraries, the libraries of conservation organizations, and some private libraries. (shrink)

Public health care interventions—regarding vaccination, obesity, and HIV, for example—standardly take the form of information dissemination across a community. But information networks can vary importantly between different ethnic communities, as can levels of trust in information from different sources. We use data from the Greater Pittsburgh Random Household Health Survey to construct models of information networks for White and Black communities--models which reflect the degree of information contact between individuals, with degrees of trust in information from various sources correlated with (...) positions in that social network. With simple assumptions regarding belief change and social reinforcement, we use those modeled networks to build dynamic agent-based models of how information can be expected to flow and how beliefs can be expected to change across each community. With contrasting information from governmental and religious sources, the results show importantly different dynamic patterns of belief polarization within the two communities. (shrink)

There has been considerable debate in the literature as to whether work in experimental philosophy actually makes any significant contribution to philosophy. One stated view is that many X-Phi projects, notwithstanding their focus on topics relevant to philosophy, contribute little to philosophical thought. Instead, it has been claimed the contribution they make appears to be to cognitive science. In contrast to this view, here we argue that at least one approach to X-Phi makes a contribution which parallels, and also extends, (...) historically salient forms of philosophical analysis, especially contributions from Immanuel Kant, William James, Peter F. Strawson and Thomas Nagel. The framework elaborated here synthesizes philosophical theory with empirical evidence from psychology and neuroscience and applies it to three perennial philosophical problems. According to this account, the origin of these three problems can be illuminated by viewing them as arising from a tension between two distinct types of cognition, each of which is associated with anatomically independent and functionally inhibitory neural networks. If the parallel we draw, between an empirical project and historically highly influential examples of philosophical analysis, is viewed as convincing, it follows that work in the cognitive sciences can contribute directly to philosophy. Further, this conclusion holds whether the empirical details of the account are correct or not. (shrink)

This article pursues the exploration of how contemporary works of deconstruction can challenge preconceptions of the body and embodiments and interrogate their limits, particularly in relation to intertwined foldings of desire, gender, race and sexuality. Through readings of Jacques Derrida and Sarah Kofman, the authors show that deconstruction allows for an understanding of the body or bodies that goes beyond the present body — indexed as human, male, white, able, living body — thus opening up towards the thinking of bodies (...) and corporealities exceeding the limitations of Christian transsubstantiation and of the Eucharist. The deconstructive body is not one of communion; it is one of (self-)interruption, différance and non-presence. It is the other's body — or the body as otherly. The authors then analyse the ethical-political implications of this thinking of another body, one inassimilable by Western metaphysics, and marked by incalculable sexual differences, animality, undecidable life-death, machinicity, monstrosity, and so on. (shrink)

Exploring online criticisms of the ‘take the knee’ protest during ‘Euro 2020’, this article examines how alt- and far-right conspiracies were both constructed and communicated via the social media platform, Twitter. By providing a novel exploration of alt-right conspiracies during an international football tournament, a qualitative thematic analysis of 1,388 original tweets relating to Euro 2020 was undertaken. The findings reveal how, in criticisms levelled at both ‘wokeism’ and the Black Lives Matter movement, antiwhite criticisms of the ‘take the knee’ (...) protest were embroiled in alt-right conspiracies that exposed an assumed Cultural Marxist, ‘woke agenda’ in the tournament’s organization and mainstream media coverage. In conclusion, it is argued that conspiratorial discourses, associated with the alt-right, provided a framework through which the protest could be understood. This emphasises how the significance of conspiracy functions to promote the wider dissemination of alt-right ideology across popular cultural contexts, such as sport. (shrink)

Sport continues to be one of the primary means through which notions of Englishness and Britishness are constructed, contested, and resisted. The legacy of the role of sport in the colonial project of the British Empire, combined with more recent connections between sport and far right fascist/nationalist politics, has made the association between Britishness, Englishness, and ethnic identity(ies) particularly intriguing. In this paper, these intersections are explored through British media coverage of the Canadian‐born, British tennis player, Greg Rusedski. This coverage (...) is examined through the lens of ‘performativity,’ as articulated by Judith Butler. Through a critical application of Butler's ideas, the ways in which the media seek to recognise and normalise certain identities, while problematising and excluding others, can be more fully appreciated. Thus, it was within newspaper framings of Rusedski that hegemonic notions of White Englishness could be performed, maintained, and embedded. (shrink)

We propose a multi-step evaluation schema designed to help procurement agencies and others to examine the ethical dimensions of autonomous systems to be applied in the security sector, including autonomous weapons systems.

The translational research community, in general, and the Clinical and Translational Science Awards (CTSA) community, in particular, share the vision of repurposing EHRs for research that will improve the quality of clinical practice. Many members of these communities are also aware that electronic health records (EHRs) suffer limitations of data becoming poorly structured, biased, and unusable out of original context. This creates obstacles to the continuity of care, utility, quality improvement, and translational research. Analogous limitations to sharing objective data in (...) other areas of the natural sciences have been successfully overcome by developing and using common ontologies. This White Paper presents the authors’ rationale for the use of ontologies with computable semantics for the improvement of clinical data quality and EHR usability formulated for researchers with a stake in clinical and translational science and who are advocates for the use of information technology in medicine but at the same time are concerned by current major shortfalls. This White Paper outlines pitfalls, opportunities, and solutions and recommends increased investment in research and development of ontologies with computable semantics for a new generation of EHRs. (shrink)

Existing ethical guidelines that aim to guide the development of mental health apps tend to overemphasize the role of Western conceptual frameworks. While such frameworks have proved to be a useful first step in introducing ethics to a previously unregulated industry, the rapid global uptake of mental health apps requires thinking more deeply about the diverse populations these apps seek to serve. One way to do this is to introduce more intercultural ethical perspectives into app design and the guidelines that (...) aim to encourage best practices. In addition to this, existing ethical guidelines can also benefit from the ethical scholarship from the feminist and disability traditions, both of which highlight specific ethical considerations for vulnerable users. Rethinking the ethical responsibilities of mental health app designers through the prisms of feminism, disability studies, and intercultural philosophy leads us to a more global and inclusive set of ethical considerations in app design. This white paper explores what existing guidelines for the regulation of mental health apps are missing. It also explores how these guidelines could be improved for users who inhabit an increasingly diverse and globalized world. (shrink)

Does it matter that almost all juries in England and Wales are all-White? Does it matter even if this result is the unintended and undesired result of otherwise acceptable ways of choosing juries? Finally, does it matter that almost all juries are all-White if this has no adverse effect on the treatment of non-White defendants and victims of crime? According to Cheryl Thomas, there is no injustice in a system of jury selection which predictably results in juries with no (...) minority members so long as this result is not deliberate, and does not adversely affect the treatment of minority defendants and victims of crime. My view is different. In and of itself, I believe, something is wrong with a system of jury selection that predictably results in all-White juries in a diverse society, such as our own. Absent reason to believe that we lack a better alternative to current modes of jury selection, a commitment to democratic government and to the equality of citizens – or so I will argue – condemns existing arrangements as unjust, whether or not they have adverse effects on jury decisions, or on the ways in which our society approaches issues of race and crime. (shrink)

Bernard McGinn was a great historian of Christianity. But in this book under review he fails to do justice to the history of the Summa. He fails to understand the ontologies of the economic theories of Bernard Lonergan and the theology of Karl Rahner, for examples. The book is patchy and seems under-researched. McGinn does not do justice to the influence of the Summa as a text which forms a bridge between St. Augustine of Hippo and Hannah Arendt and Jean (...) Lyotard. The review is marred by a typos which the proofreader(s) of Prabuddha Bharata overlooked. Of course, the onus of the error lies with the reviewer. (shrink)

Today's academia is obsessed about writing and speaking gobbledygook. At least most of the time. It has little time in sitting still and actually reading fiction, poetry and say, Wittgenstein. One pretends to say fancy things about these authors but one does not actually read books anymore. COVID 19 Lockdown prompted this author to answer queries from students and peers about a reading list. So prepare a wide ranging list he did which covers everything from the version of Mahabharata one (...) ought to read to novels on celibacy. But then he chose to publish at Prabuddha Bharata over all other platforms because the Ramakrishna Mission has the finances to keep this list alive 200 years hence. This was written during COVID 19 Lockdown in India at the end of April, 2020. Nirad C Chaudhuri insisted on making a good bibliography in his magnum opus. This author follows Nirad C Chaudhuri in quietly speaking about how Harold Bloom plagiarised the Late Professor John Senior's reading list. The list also comments on Romanticism and the art of writing itself. The list on Hinduism is truly contrarian. One hopes that this list survives when GoodReads and other Listopias are no longer. -/- Today's academia is obsessed about writing and speaking gobbledygook. At least most of the time. It has little time in sitting still and actually reading fiction, poetry and say, Wittgenstein. One pretends to say fancy things about these authors but one does not actually read books anymore. COVID 19 Lockdown prompted this author to answer queries from students and peers about a reading list. So prepare a wide ranging list he did which covers everything from the version of Mahabharata one ought to read to novels on celibacy. But then he chose to publish at Prabuddha Bharata over all other platforms because the Ramakrishna Mission has the finances to keep this list alive 200 years hence. This was written during COVID 19 Lockdown in India at the end of April, 2020. Nirad C Chaudhuri insisted on making a good bibliography in his magnum opus. This author follows Nirad C Chaudhuri in quietly speaking about how Harold Bloom plagiarised the Late Professor John Senior's reading list. The list also comments on Romanticism and the art of writing itself. The list on Hinduism is truly contrarian. One hopes that this list survives when GoodReads and other Listopias are no longer. -/- These COVID 19 days, while the First world is mooning over syllabi for their kids and third and fourth world folks like me are tackling Umphan; I chose to prepare a new kind of syllabus. A syllabus which is not merely a list. In these days of incessant and meaningless webinars which my students can only spread memes about and only the poor and doctors will actually travel to white nations which are killing their own; here's a list which ends with Hindu classics which are contrarian. Nirad C Chaudhuri, a much maligned man in India and a forgotten polyglot in white privileged academia said we must first prepare a bibliography. So, Figure it out. I used some of the Hindu resources on recognition mentioned here and tried to work on Stephen King; a privileged white tenure track person from Trumpland just snowballed me. Now, this list is syllabi and also just a list of a bunch of books to read during Lockdowns which will be more common in the future because COVID 19, as Dr Fauci tells us; is here to stay. Even if one COVID 19 person is there; then along with Ebola, my white privileged tenure track fiends; off you go to gagaland. We in India already know these diseases. Go figure it out. (shrink)

The central claim of the Parfitian psychological approach to personal identity is that the fact about personal identity is underpinned by a non-branching psychological continuity relation. Hence, for the advocates of the Parfitian view, it is important to understand what it is for a relation to take or not take a branching form. Nonetheless, very few attempts have been made in the literature of personal identity to define the non-branching clause. This paper undertakes this task. Drawing upon a recent debate (...) between Anthony Brueckner and Harold Noonan on the issue, I present three candidates for the non-branching clause. (shrink)

Many philosophers accept a response constraint on normative reasons: that p is a reason for you to φ only if you are able to φ for the reason that p. This constraint offers a natural way to cash out the familiar and intuitive thought that reasons must be able to guide us, and has been put to work as a premise in a range of influential arguments in ethics and epistemology. However, the constraint requires interpretation and faces putative counter-examples due (...) to Julia Markovits, Mark Schroeder, and others. This paper develops and motivates an interpretation of the response constraint that avoids the putative counter-examples. (shrink)

In this paper, we claim that, if you justifiably believe that you ought to perform some act, it follows that you ought to perform that act. In the first half, we argue for this claim by reflection on what makes for correct reasoning from beliefs about what you ought to do. In the second half, we consider a number of objections to this argument and its conclusion. In doing so, we arrive at another argument for the view that justified beliefs (...) about what you ought to do must be true, based in part on the idea that the epistemic and practical domains are uniform, in a sense we spell out. We conclude by sketching possible implications of our discussion for the debates over what is wrong with akrasia and pragmatic encroachment on justified belief and knowledge. (shrink)

In his celebrated 1974 essay “What Is It Like to Be a Bat?,” Thomas Nagel stages a human-bat encounter to illustrate and support his claim that “subjective experience” is irreducible to “objective fact”: because Nagel cannot experience the world as a bat does, he will never know what it is like to be one. In Nagel’s account, heterogeneity is figured negatively—as a failure or lack of resemblance—and functions to constrain his knowledge of bats. Today, as white-nose syndrome threatens bat (...) populations across North America, might figuring heterogeneity positively, as a condition of creativity, open up new modes of receptivity and responsiveness to species extinctions? This essay turns to philosophies of becoming and to recent research in the biological sciences to explore this possibility. I suggest that attending to the heterogeneity of experience alerts us to more public dimensions of our being and may thereby work against the tendency to understand and experience ourselves as self-contained and closed off from one another and the world we share in common. This may in turn enhance our sense of entanglement with the events, bodies, and forces on the “outside” of experience, including bats and the white-nose syndrome with which they are afflicted today. Such an affirmation of heterogeneity as a condition of creativity holds the greatest promise for multispecies ethics today, I propose, when it is joined to an affirmation of incompatibilities within and between things as a real force of suffering and destruction in a heterogeneous world. (shrink)

This paper explores the relation between victims’ stories and normativity. As a contribution to understanding how the stories of those who have been abused or oppressed can advance moral understanding, catalyze moral innovation, and guide social change, this paper focuses on narrative as a variegated form of representation and asks whether personal narratives of victimization play any distinctive role in human rights discourse. In view of the fact that a number of prominent students of narrative build normativity into their accounts, (...) it might seem obvious that there is a connection between victims’ stories and moral insight. However, the category of victims’ stories spans an enormous variety of texts – private diaries, memoirs written for publication, interviews with journalists or social scientists, depositions prepared by human rights workers, stories shared with like-minded activists or with support groups, stories told to medical professionals, and testimony in courts, truth commissions and asylum hearings, to mention just some of the possibilities. The different contexts of elicitation and the different rules governing expression in these sites should make us wary of ready generalizations about the nature of victims’ narratives. Moreover, I doubt that existing explications of the way in which norms figure in narratives yield satisfactory theories of the contribution victims’ stories can make to discovering and defending just policies and practices. I consider two of the most prominent accounts of the relation between narrative and normativity. For different reasons, the account Anthony Amsterdam and Jerome Bruner present in their work on narrative and law and the account Hayden White presents in his work on narrative and history fail to appreciate the capacity of victims’ stories of abuse to advance understanding of and increase respect for human rights. In defense of the value of victims’ stories, I propose an account of the relation between normativity and a salient type of victim’s narrative that seems especially resistant to integration into human rights discourse. -/- . (shrink)

Historically, many Christians have understood God’s transcendence to imply God’s properties categorically differ from any created properties. For multiple historical figures, a problem arose for religious language: how can one talk of God at all if none of our predicates apply to God? What are we to make of creeds and Biblical passages that seem to predicate creaturely properties, such as goodness and wisdom, of God? Thomas Aquinas offered a solution: God is to be spoken of only through analogy (...) (the doctrine of analogy). Gavin Hyman argues Aquinas’s doctrine of analogy was neglected prior to the early-modern period and the neglect of analogy produced the conception of a god vulnerable to atheistic arguments. Contra Hyman, in this paper, I show early-modern atheism arose in a theological context in which there was an active debate concerning analogy. Peter Browne (1665–1735) and William King (1650–1729) offered two competing conceptions of analogical predication that were debated through the 19th century, with interlocutors such as the freethinker Anthony Collins (1676–1729), theologian/philosopher George Berkeley (1685–1753), and skeptic David Hume (1711–1776). Lastly, I discuss the 18th century debate over theological analogy as part of the background relevant to understanding Hume’s Dialogues Concerning Natural Religion. (shrink)

In our initial paper discussing plausible steps toward workable warp drive machines. The following article express our view on this debate. While there are still objections toward existing warp drive proposals, such as by G. Landis, Harold White etc., because they are all based on GTR, nonetheless we think it is possible by starting to see if it is possible to deviate from Newton's third law. And we discuss possible a propulsion method based on negative masses, and discuss how (...) optical diameter drive can be first step for realistic lab-scale version of negative mass propulsion. (shrink)

In this paper I will offer a comprehensive defense of the safety account of knowledge against counterexamples that have been recently put forward. In Sect. 2, I will discuss different versions of safety, arguing that a specific variant of method-relativized safety is the most plausible. I will then use this specific version of safety to respond to counterexamples in the recent literature. In Sect. 3, I will address alleged examples of safe beliefs that still constitute Gettier cases. In Sect. 4, (...) I will discuss alleged examples of unsafe knowledge. In Sect. 5, I will address alleged cases of safe belief that do not constitute knowledge for non-Gettier reasons. My overall goal is to show that there are no successful counterexamples to robust anti-luck epistemology and to highlight some major presuppositions of my reply. (shrink)

Typically, nudging is a technique for steering the choices of people without giving reasons or using enforcement. In benevolent cases, it is used when people are insufficiently responsive to reason. The nudger triggers automatic cognitive mechanisms – sometimes even biases – in smart ways in order to push irrational people in the right direction. Interestingly, this technique can also be applied to doxastic attitudes. Someone who is doxastically unresponsive to evidence can be nudged into forming true beliefs or doxastic attitudes (...) that are propositionally justified. When doxastic nudging uses non-rational mechanisms, the worry is that nudging cannot result in justified beliefs or knowledge, as the resulting doxastic attitudes lack the right kind of basis. In this paper, I will argue that given the right background views about knowledge, justified beliefs and the relevant processes, epistemic nudging is possible even in these cases. That is, all kinds of nudging can – in appropriate circumstances – produce justified beliefs or knowledge in the nudgee. (shrink)

Fichte assigns ‘intellectual intuition’ a new meaning after Kant. But in 1799, his doctrine of intellectual intuition is publicly deemed indefensible by Kant and nihilistic by Jacobi. I propose to defend Fichte’s doctrine against these charges, leaving aside whether it captures what he calls the ‘spirit’ of transcendental idealism. I do so by articulating three problems that motivate Fichte’s redirection of intellectual intuition from being to acting: (1) the regress problem, which states that reflecting on empirical facts of consciousness leads (...) only to further facts and so cannot yield a first principle; (2) the rhapsody problem, which states that the categories form a haphazard set and so lack necessity unless they derive from a first principle; and (3) the nihilism problem, which states that a first principle cannot lie outside our cognition of it, lest it be the cause of our cognition and, being first, the cause of all our actions, reducing us to machines. Crucially, Fichte’s three motivating problems are in fact aspects of a single problem. Leaving any aspect unsolved spoils putative solutions to the other two. Consequently, Fichte requires a single unified solution to all three, which his doctrine of intellectual intuition provides. (shrink)

In this chapter I seek to examine the credibility of Finnis’s basic stance on Aquinas that while many neo-Thomists are meta-ethically naturalistic in their understanding of natural law theory (for example, Heinrich Rommen, Henry Veatch, Ralph McInerny, Russell Hittinger, Benedict Ashley and Anthony Lisska), Aquinas’s own meta-ethical framework avoids the “pitfall” of naturalism. On examination, the short of it is that I find Finnis’s account (while adroit) wanting in the interpretation stakes vis-à-vis other accounts of Aquinas’s meta-ethical foundationalism. I (...) think that the neo-Thomists are basically right to argue that for Aquinas we cannot really understand objective truths about moral standards unless we derive them from our intellective knowledge of natural facts as given to us by the essential human nature that we have. While I find Finnis’s interpretative position on Aquinas wanting, I go on to argue that his own attachment to non-naturalism is justified and should not be jettisoned. Because I think non-naturalism important to the future tenability of a viable natural law ethics (an ethics that is both cognitive and objectivist), I argue that Finnis should, so to speak, “beef up” his “fundamental option” for non-naturalism and more fully avail himself of certain argumentative strategies available in its defense, argumentative strategies that are inspired by the analytical philosophy of G.E. Moore. (shrink)

This paper examines the evolution of Husserl’s philosophy of nonintuitive intentions. The analysis has two stages. First, I expose a mistake in Husserl’s account of non-intuitive acts from his 1901 Logical Investigations. I demonstrate that Husserl employs the term “signitive” too broadly, as he concludes that all non-intuitive acts are signitive. He states that not only meaning acts, but also the contiguity intentions of perception are signitive acts. Second, I show how Husserl, in his 1913/14 Revisions to the Sixth Logical (...) Investigation, amends his 1901 theory of non-intuitive acts, which he now calls “empty” intentions. He there accurately distinguishes empty meaning acts from the empty intentions of perception. In the conclusion, I reveal how Husserl’s alterations to his theory of non-intuitive intentions can inform our understanding of a larger shift in his philosophy. (shrink)

This paper examines the evolution of Edmund Husserl’s theory of perceptual occlusion. This task is accomplished in two stages. First, I elucidate Husserl’s conclusion, from his 1901 Logical Investigations, that the occluded parts of perceptual objects are intended by partial signitive acts. I focus on two doctrines of that account. I examine Husserl’s insight that signitive intentions are composed of Gehalt and I discuss his conclusion that signitive intentions sit on the continuum of fullness. Second, the paper discloses how Husserl (...) transforms his 1901 philosophy in his 1913 revisions to the Sixth Logical Investigation, affirming that the occluded parts of perceptual objects are intended by empty contiguity acts. I demonstrate how he overturns the two core doctrines of his theory from the Investigations in these revisions, claiming that empty intentions are not composed of Gehalt and asserting that those acts break with the continuum of fullness. Husserl implements these changes to solve problems that arise from his recognition of two new kinds of intentions; darker and completely dark acts. Finally, in the conclusion, I cash out this analysis, by indicating that, in 1913, Husserl transforms his theory of fulfillment on the basis of his new insights about empty acts. (shrink)