This is a review of Mind Design II: Philosophy, Psychology, and Artificial Intelligence, edited by John Haugeland and published by The MIT Press in 1997.

I address the question of whether naturalism can provide adequate means for the scientific study of rules and rule-following behavior. As the term "naturalism" is used in many different ways in the contemporary debate, I will first spell out which version of naturalism I am targeting. Then I will recall a classical argument against naturalism in a version presented by Husserl. In the main part of the paper I will sketch a conception of rule-following behavior that is influenced by Sellars (...) and Haugeland. I will argue that rule-following is an essential part of human nature and insist in the social dimension of rules. Moreover, I will focus on the often overlooked fact that genuine rule-following behavior requires resilience and presupposes an inclination to calibrate one's own behavior to that of the other members of the community. Rule-following, I will argue, is possible only for social creatures who follow shared rules, which in turn presupposes a shared (first-person plural) perspective. This implies, however, that our scientific understanding of human nature has to remain incomplete as long as it does not take this perspective, which prima facie seems alien to it, into account. (shrink)

Eliminativism is a position most readily associated with the eliminative materialism of the Churchlands, denying that there are such things as propositional states. This position has created much controversy, despite the fact that intentionality has long been seen as perhaps the core problem for naturalistic philosophy. There is a more radical interpretation of eliminativism, however, denying not only mental states, such as beliefs and desires, but also intentionality (i.e., aboutness) on a global level. This position traces its contemporary origin back (...) to Quine, but has generally been assumed to undermine naturalism or, worse, to be incoherent by the majority of philosophers who maintain that there clearly are things or mental states that are about others. In a recent paper, Hutto and Satne (2015a) offer an update that tries to revive John Haugeland’s baseball analogy from his influential 1990 review paper The Intentionality All-Stars on the state of the game to argue that the failure of Neo-Cartesians, Neo- Behaviorists, and Neo-Pragmatists should urge us to make them work together to naturalize content and “win the game.” But Hutto and Satne misunderstand what the game is ultimately about. The goal of the Intentionality All-Stars is not to naturalize content against eliminativism but to defend a naturalist “thirdperson” view of the problem against first-person phenomenalists. For this goal, a naturalist defense of global content eliminativism would equally enable them to emerge victorious. Revisiting Haugeland, I will offer my own analysis of the current state of play to argue that global content eliminativism has not received sufficient attention and deserves a more prominent place in the debate than it currently occupies. (shrink)

In this essay, we draw on John Haugeland’s work in order to argue that Burge is wrong to think that exercises of perceptual constancy mechanisms suffice for perceptual representation. Although Haugeland did not live to read or respond to Burge’s Origins of Objectivity, we think that his work contains resources that can be developed into a critique of the very foundation of Burge’s approach. Specifically, we identify two related problems for Burge. First, if (what Burge calls) mere sensory responses (...) are not representational, then neither are exercises of constancy mechanisms, since the differences between them do not suffice to imply that one is representational and the other is not. Second, taken by themselves, exercises of constancy mechanisms are only derivatively representational, so merely understanding how they work is not sufficient for understanding what is required for something, in itself, to be representational (and thereby provide a full solution to the problem of perceptual representation). (shrink)

John McDowell’s debates about concepts with Robert Brandom and Hubert Dreyfus over the past two decades reveal key commitments each philosopher makes. McDowell is committed to giving concepts a role in our embodied coping, extending rational form to human experience. Brandom is committed to defining concepts in a way that helps make rationality distinct. And Dreyfus is committed to explaining how rational understanding develops out of lesser abilities we share with human infants and other animals (I call this “Dreyfus’s (...) challenge”). These commitments appear irreconcilable. I argue to the contrary that they are, in principle, reconcilable, provided we give up their shared “rationalist” commitment to the idea that the rational use of language is necessary for having concepts. First, I exploit Brandom and McDowell’s debate to motivate abandoning the rationalist commitment. Next, I exploit Dreyfus and McDowell’s debate to establish the need for a broader notion of concepts to answer Dreyfus’s challenge. I turn to Elizabeth Camp’s broader notion of concepts as spontaneously, systematically recombinable representations, and establish that it lacks resources for distinguishing human rationality. To resolve that weakness, I integrate Camp’s notion of concepts with John Haugeland’s theory of objectivity, which does make rationality distinct. Finally, drawing my integration of Camp and Haugeland, I propose a way to answer Dreyfus’s challenge, which I call “relaxed holism.” The core of relaxed holism is a cumulative, developmental sequence of three related cognitive abilities: representation, concepts, and metacognition. I argue that relaxed holism also reconciles both McDowell’s commitment to giving normatively governed concepts a role in embodied coping, and Brandom’s commitment to defining concepts in a way that helps make rationality distinct. (shrink)

The creation of new institutions and the initiation of new forms of behaviour cannot be explained only on the basis of constitutive rules – they also require a broader commitment of individuals who participate in social practices and, thus, to become members of a community. In this paper, I argue that the received conception of constitutive rules shows a problematic intellectualistic bias that becomes particularly manifest in three assumptions: (i) constitutive rules have a logical form, (ii) constitutive rules have no (...) normative force, and (iii) rules are essentially tied to a sanctioning authority. I discuss these three claims in light of real-life examples. The goal of this discussion is to show that the normative force of constitutive rules is based on the shared commitment of participants who engage in the relevant practices. The inner cohesion and the persistence in time of these practices is possible only because participants continuously calibrate their own forms of behaviour to that of the other members of the community, which underscores the social dimension of constitution. (shrink)

This paper provides a principled and elegant solution to the Gettier problem. The key move is to draw a general metaphysical distinction and conscript it for epistemological purposes. Section 1 introduces the Gettier problem. Sections 2–5 discuss instructively wrong or incomplete previous proposals. Section 6 presents my solution and explains its virtues. Section 7 answers the most common objection.

This report reviews what quantum physics and information theory have to tell us about the age-old question, How come existence? No escape is evident from four conclusions: (1) The world cannot be a giant machine, ruled by any preestablished continuum physical law. (2) There is no such thing at the microscopic level as space or time or spacetime continuum. (3) The familiar probability function or functional, and wave equation or functional wave equation, of standard quantum theory provide mere continuum idealizations (...) and by reason of this circumstance conceal the information-theoretic source from which they derive. (4) No element in the description of physics shows itself as closer to primordial than the elementary quantum phenomenon, that is, the elementary device-intermediated act of posing a yes-no physical question and eliciting an answer or, in brief, the elementary act of observer-participancy. Otherwise stated, every physical quantity, every it, derives its ultimate significance from bits, binary yes-or-no indications, a conclusion which we epitomize in the phrase, it from bit. (shrink)

Is knowledge justified true belief? Most philosophers believe that the answer is clearly ‘no’, as demonstrated by Gettier cases. But Gettier cases don’t obviously refute the traditional view that knowledge is justified true belief (JTB). There are ways of resisting Gettier cases, at least one of which is partly successful. Nevertheless, when properly understood, Gettier cases point to a flaw in JTB, though it takes some work to appreciate just what it is. The nature of the flaw helps us better (...) understand the nature of knowledge and epistemic justification. I propose a crucial improvement to the traditional view, relying on an intuitive and independently plausible metaphysical distinction pertaining to the manifestation of intellectual powers, which supplements the traditional components of justification, truth and belief. (shrink)

Recent work has shown that knowledge attributions affect how people think others should behave, more so than belief attributions do. This paper reports two experiments providing evidence that knowledge attributions also affect behavioral predictions more strongly than belief attributions do, and knowledge attributions facilitate faster behavioral predictions than belief attributions do. Thus, knowledge attributions play multiple critical roles in social cognition, guiding judgments about how people should and will behave.

Conceptualism is the thesis that, for any perceptual experience E, (i) E has a Fregean proposition as its content and (ii) a subject of E must possess a concept for each item represented by E. We advance a framework within which conceptualism may be defended against its most serious objections (e.g., Richard Heck's argument from nonveridical experience). The framework is of independent interest for the philosophy of mind and epistemology given its implications for debates regarding transparency, relationalism and representationalism, demonstrative (...) thought, phenomenal character, and the speckled hen objection to modest foundationalism. (shrink)

The A-theory and the B-theory advance competing claims about how time is grounded. The A-theory says that A-facts are more fundamental in grounding time than are B-facts, and the B-theory says the reverse. We argue that whichever theory is true of the actual world is also true of all possible worlds containing time. We do this by arguing that time is uniquely groundable: however time is actually grounded, it is necessarily grounded in that way. It follows that if either the (...) A-theory or the B-theory is actually false, then it is necessarily false. (shrink)

I consider a serious objection to the knowledge account of assertion and develop a response. In the process I introduce important new data on prompting assertion, which all theorists working in the area should take note of.

This paper presents a puzzle about justification and withholding. The puzzle arises in a special case where experts advise us to not withhold judgment. My main thesis is simply that the puzzle is genuinely a puzzle, and so leads us to rethink some common assumptions in epistemology, specifically assumptions about the nature of justification and doxastic attitudes. Section 1 introduces the common assumptions. Section 2 presents the puzzle case. Section 3 assesses the puzzle case. Section 4 explains the choice we're (...) faced with. Sections 5 and 6 consider and reject some proposed solutions, and in the process refine and clarify the choice we're faced with. Section 7 considers and rejects a miscellany of different proposed solutions. (shrink)

Intuitively, the knowledge of one’s own intentional actions is different from the knowledge of actions of other sorts, including those of other people and unintentional actions of one's own. But how are we to understand this phenomenon? Does it pertain to all actions, under every description under which they are known? If so, then how is this possible? If not, then how should we think about cases that are exceptions to this principle? This paper is a critical survey of recent (...) attempts to answer these questions. I consider views under three headings: "special source" views, which hold that the knowledge of one's intentional actions has a non-perceptual source; "special domain" views, which hold that some but not all aspects of one's intentional actions are known in a special way; and "special character" views, which hold that the knowledge of intentional actions is special not because of where it comes from, but because of some other respect in which it is different in kind from the knowledge of other things. (shrink)

Argumentations are at the heart of the deductive and the hypothetico-deductive methods, which are involved in attempts to reduce currently open problems to problems already solved. These two methods span the entire spectrum of problem-oriented reasoning from the simplest and most practical to the most complex and most theoretical, thereby uniting all objective thought whether ancient or contemporary, whether humanistic or scientific, whether normative or descriptive, whether concrete or abstract. Analysis, synthesis, evaluation, and function of argumentations are described. Perennial philosophic (...) problems, epistemic and ontic, related to argumentations are put in perspective. So much of what has been regarded as logic is seen to be involved in the study of argumentations that logic may be usefully defined as the systematic study of argumentations, which is virtually identical to the quest of objective understanding of objectivity. (shrink)

After a short preface, the first of the three sections of this paper is devoted to historical and philosophic aspects of categoricity. The second section is a self-contained exposition, including detailed definitions, of a proof that every mathematical system whose domain is the closure of its set of distinguished individuals under its distinguished functions is categorically characterized by its induction principle together with its true atoms (atomic sentences and negations of atomic sentences). The third section deals with applications especially those (...) involving the distinction between characterizing a system and axiomatizing the truths of a system. (shrink)

Is it possible to misidentify the object of an episode of bodily awareness? I argue that it is, on the grounds that a person can reasonably be unsure or mistaken as to which part of his or her body he or she is aware of at a given moment. This requires discussing the phenomenon of body ownership, and defending the claim that the proper parts of one’s body are at least no less ‘principal’ among the objects of bodily awareness than (...) is the body as a whole. I conclude with some reasons why this should lead us to think that bodily awareness, unlike introspection, is a form of perception. (shrink)

According to G.E.M. Anscombe, an agent’s knowledge of his own intentional actions differs from his knowledge of his unintended behaviors as well as the knowledge others can have of what he intentionally does, in being secured “without observation”. I begin by posing a problem for any conception of this theory according to which non-observational knowledge must be independent of sense-perception, and criticize several recent attempts to get around the problem. Having done this, I develop an alternative account of non-observational knowledge (...) according to which its special character consists in the particular causal role of an agent’s self-awareness in bringing his intentional actions about. (shrink)

This book treats ancient logic: the logic that originated in Greece by Aristotle and the Stoics, mainly in the hundred year period beginning about 350 BCE. Ancient logic was never completely ignored by modern logic from its Boolean origin in the middle 1800s: it was prominent in Boole’s writings and it was mentioned by Frege and by Hilbert. Nevertheless, the first century of mathematical logic did not take it seriously enough to study the ancient logic texts. A renaissance in ancient (...) logic studies occurred in the early 1950s with the publication of the landmark Aristotle’s Syllogistic by Jan Łukasiewicz, Oxford UP 1951, 2nd ed. 1957. Despite its title, it treats the logic of the Stoics as well as that of Aristotle. Łukasiewicz was a distinguished mathematical logician. He had created many-valued logic and the parenthesis-free prefix notation known as Polish notation. He co-authored with Alfred Tarski’s an important paper on metatheory of propositional logic and he was one of Tarski’s the three main teachers at the University of Warsaw. Łukasiewicz’s stature was just short of that of the giants: Aristotle, Boole, Frege, Tarski and Gödel. No mathematical logician of his caliber had ever before quoted the actual teachings of ancient logicians. -/- Not only did Łukasiewicz inject fresh hypotheses, new concepts, and imaginative modern perspectives into the field, his enormous prestige and that of the Warsaw School of Logic reflected on the whole field of ancient logic studies. Suddenly, this previously somewhat dormant and obscure field became active and gained in respectability and importance in the eyes of logicians, mathematicians, linguists, analytic philosophers, and historians. Next to Aristotle himself and perhaps the Stoic logician Chrysippus, Łukasiewicz is the most prominent figure in ancient logic studies. A huge literature traces its origins to Łukasiewicz. -/- This Ancient Logic and Its Modern Interpretations, is based on the 1973 Buffalo Symposium on Modernist Interpretations of Ancient Logic, the first conference devoted entirely to critical assessment of the state of ancient logic studies. (shrink)

Many philosophers have held that it is not possible to experience a spatial object, property, or relation except against the background of an intact awareness of a space that is somehow ‘absolute’. This paper challenges that claim, by analyzing in detail the case of a brain-damaged subject whose visual experiences seem to have violated this condition: spatial objects and properties were present in his visual experience, but space itself was not. I go on to suggest that phenomenological argumentation can give (...) us a kind of evidence about the nature of the mind even if this evidence is not absolutely incorrigible. (shrink)

Plato is associated with the idea that the body holds us back from knowing ultimate reality and so we should try to distance ourselves from its influence. This sentiment appears is several of his dialogues including Theaetetus where the flight from the physical world is compared to becoming like God. In some major dialogues of Plato's later career such as Philebus and Laws, however, the idea of becoming like God takes a different turn. God is an intelligent force that tries (...) to create order in the physical world. I argue that likeness to God in these dialogues involves imitating God's effort by trying to order our bodies, souls, and societies as intelligence directs. Becoming like Plato's God is not to abandon the world. It is to improve it. (shrink)

Robust technological enhancement of core cognitive capacities is now a realistic possibility. From the perspective of neutralism, the view that justifications for public policy should be neutral between reasonable conceptions of the good, only members of a subset of the ethical concerns serve as legitimate justifications for public policy regarding robust technological enhancement. This paper provides a framework for the legitimate use of ethical concerns in justifying public policy decisions regarding these enhancement technologies by evaluating the ethical concerns that arise (...) in the context of testing such technologies on nonhuman animals. Traditional issues in bioethics, as well as novel concerns such as the possibility of moral status enhancement, are evaluated from the perspective of neutralism. (shrink)

The vision of natural kinds that is most common in the modern philosophy of biology, particularly with respect to the question whether species and other taxa are natural kinds, is based on a revision of the notion by Mill in A System of Logic. However, there was another conception that Whewell had previously captured well, which taxonomists have always employed, of kinds as being types that need not have necessary and sufficient characters and properties, or essences. These competing views employ (...) different approaches to scientific methodologies: Mill’s class-kinds are not formed by induction but by deduction, while Whewell’s type-kinds are inductive. More recently, phylogenetic kinds (clades, or monophyletic-kinds) are inductively projectible, and escape Mill’s strictures. Mill’s version represents a shift in the notions of kinds from the biological to the physical sciences. (shrink)

Aquinas’s Fifth Way is usually taken to be an adumbration of Paley-like design arguments. Paley-like design arguments have fallen on hard times over the past few centuries, and most contemporary defenders of design arguments in support of theism favor some version of the fine-tuning argument. But fine-tuning designarguments, like Paley’s design argument, are consistent with atomism. And all such arguments are vulnerable to the objection that, given a long enough stretch of time and a sufficient number of universes, there would (...) be no need to posit a designer. In this paper we argue that a deep understanding of Aquinas’s Fifth Way depends upon understanding his hylomorphic account of the nature of composite substance, an account that is inconsistent with atomism. We argue that if one grants hylomorphism, Aquinas’s Fifth Way is difficult to resist. And we defend Aquinas’s hylomorphism against several common objections. (shrink)

That in Gettier's alleged counterexamples to the traditional analysis of knowledge as justified true belief the belief condition is satisfied has rarely been questioned. Yet there is reason to doubt that a rational person would come to believe what Gettier's protagonists are said to believe in the way they are said to have come to believe it. If they would not, the examples are not counter-examples to the traditional analysis. I go on to discuss a number of examples inspired by (...) Gettier's and argue that they, too, fail to be counter-examples either for reasons similar to those I have urged or because it is not clear that their subject does not know. (shrink)

I evaluate two new objections to an infinitist account of epistemic justification, and conclude that they fail to raise any new problems for infinitism. The new objections are a refined version of the finite-mind objection, which says infinitism demands more than finite minds can muster, and the normativity objection, which says infinitism entails that we are epistemically blameless in holding all our beliefs. I show how resources deployed in response to the most popular objection to infinitism, the original finite-mind objection, (...) can be redeployed to address the two new objections. (shrink)

There are two different ways of understanding alienation: as a condition and as a struggle. On this distinction turns the whole theory and practice of Marxism.

I will develop a new problem for almost all realist theories of colour. The problem involves fluctuations in our colour experiences that are due to visual noise rather than changes in the objects we are looking at.

This paper discusses the history of the confusion and controversies over whether the definition of consequence presented in the 11-page 1936 Tarski consequence-definition paper is based on a monistic fixed-universe framework?like Begriffsschrift and Principia Mathematica. Monistic fixed-universe frameworks, common in pre-WWII logic, keep the range of the individual variables fixed as the class of all individuals. The contrary alternative is that the definition is predicated on a pluralistic multiple-universe framework?like the 1931 Gödel incompleteness paper. A pluralistic multiple-universe framework recognizes multiple (...) universes of discourse serving as different ranges of the individual variables in different interpretations?as in post-WWII model theory. In the early 1960s, many logicians?mistakenly, as we show?held the ?contrary alternative? that Tarski 1936 had already adopted a Gödel-type, pluralistic, multiple-universe framework. We explain that Tarski had not yet shifted out of the monistic, Frege?Russell, fixed-universe paradigm. We further argue that between his Principia-influenced pre-WWII Warsaw period and his model-theoretic post-WWII Berkeley period, Tarski's philosophy underwent many other radical changes. (shrink)

This essay consists of two parts. Part I offers an explanation of Berkeley's understanding of the relationship between materialism and evil. Berkeley regards materialism as the chief instrumental cause of evil in the world. It is the belief in matter that encourages us to believe that God is not immediately, intimately present in every aspect of our life. Immaterialism, by contrast, makes God's immediate presence vivid and thereby serves to undermine the motivation to vice. Part II locates Berkeley's view on (...) matter and evil within the Christian Neoplatonic tradition. I compare Plotinus' minimalist approach to matter and his identification of matter with evil to Berkeley's eliminitivism about matter and his corresponding identification of materialism as the chief source of evil. (shrink)

Worrall argued that structural realism provides a ‘synthesis’ of the main pro-realist argument – the ‘No Miracles Argument’, and the main anti-realist argument – the ‘Pessimistic Induction’. More recently, however, it has been claimed that each of these arguments is an instance of the same probabilistic fallacy – sometimes called the ‘base-rate fallacy’. If correct, this clearly seems to undermine structural realism and Magnus and Callender have indeed claimed that both arguments are fallacious and ‘without [them] we lose the rationale (...) for … structural realism ’. I here argue that what have been shown to be fallacious are simply misguided formalisations of ‘the’ arguments and that when they are properly construed they continue to provide powerful motivation for favouring structural realism. (shrink)

One question about the role of the mental in the determination of practical reason concerns the pro-attitudes: can any set of beliefs, without the help of a desire, rationalize or make reasonable a desire, intention, attempt, or intentional action? After criticizing Michael Smith’s argument for a negative answer to this question, I present two arguments in favor of a positive answer. Another question about the role of the mental in the determination of practical reason concerns belief: what gives you a (...) reason to go to the store, the fact that you’re out of milk or the belief that you’re out of milk? The two questions about the mental are connected. I argue that if we give a positive answer to the first question and reject the Humean Theory of Motivation, we cannot accept the currently favored conception of normative reasons as determined by the facts. For the anti-Humean, normative reasons must be determined by the agent’s perspective. (shrink)

Genes are thought to have evolved from long-lived and multiply-interactive molecules in the early stages of the origins of life. However, at that stage there were no replicators, and the distinction between interactors and replicators did not yet apply. Nevertheless, the process of evolution that proceeded from initial autocatalytic hypercycles to full organisms was a Darwinian process of selection of favourable variants. We distinguish therefore between Neo-Darwinian evolution and the related Weismannian and Central Dogma divisions, on the one hand, and (...) the more generic category of Darwinian evolution on the other. We argue that Hull’s and Dawkins’ replicator/interactor distinction of entities is a sufficient, but not necessary, condition for Darwinian evolution to take place. We conceive the origin of genes as a separation between different types of molecules in a thermodynamic state space, and employ a notion of reproducers. (shrink)

Abstract Charles Darwin, in his discussions with Asa Gray and in his published works, doubted whether God could so arrange it that exactly the desired contingent events would occur to cause particular outcomes by natural selection. In this paper, I argue that even a limited or neo-Leibnizian deity could have chosen a world that satisfied some arbitrary set of goals or functions in its outcomes and thus answer Darwin's conundrum. In more general terms, this supports the consistency of natural selection (...) with providentialism, and makes “theistic evolutionism” a coherent position to hold. (shrink)

This issue of the Kybernetes journal is concerned with the philosophical question- Can a Machine Think? Famously, in his 1950 paper `Computing Machinery andIntelligence' [9], the British mathematician Alan Turing suggested replacing this question - which he found \too meaningless to deserve discussion" - with a simple -behavioural - test based on an imagined `Victorianesque' pastime he entitled the`imitation game'. In this special issue of Kybernetes a selection of authors with a special interest in Turing's work (including those who participated (...) in the 2008 AISB Turing Symposium) have been invited to explore and clarify issues arising from Turing's 1950 paper on the Imitation Game; now more widely known as the Turing test. (shrink)

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

In the midst of even the most tragic circumstances attending the aftermath of disaster, and co-existing with a host of complex emotions, arises a practical consideration: how might similar tragedies be prevented in the future? The complexity of such situations must not be neglected. More than mere prevention must usually be taken into consideration. But the practical question is of considerable importance. In what follows, I will offer some reasons for being concerned that efforts to fix the problem -- efforts, (...) that is, directed toward insuring that similar tragedies do not occur in the future -- can easily be obstructed by attempts to fix blame -- that is, efforts directed toward determining which agent among those involved is guilty of wrong-doing. This is the case, I shall contend, even where some agent or another really is guilty of wrong-doing. The problem is further complicated by a pervasive human tendency to imagine that some agent or another must be responsible in some way for any tragedy that occurs -- even when this is not really true -- but its influence is not at all limited to such cases. As I shall suggest, philosophical attitudes toward issues of determinism and free will may be implicated in the different approaches people take to the problem of assessing what has gone wrong in a particular case and how to fix it, but such deep philosophical problems need not be resolved here. The point is not that humans are never guilty of wrong-doing (since their actions, the argument might go, are all products of outside forces), but rather that whatever the case may be about guilt, tracking down guilty persons is a different business from fixing institutionally-embedded problems so as to lessen the likelihood of their recurrence. (shrink)

In Anarchy, State and Utopia, Robert Nozick argues, first, that free-market anarchism is unstable -that it will inevitably lead back to the state; and, second, that without a certain "redistributive" proviso, the model is unjust. If either of these things is the case, the model defeats itself, for its justification purports to be that it provides a morally acceptable alternative to government (and therefore to the state). I argue, against Nozick's contention, that his "dominant protection agency" neither meets his monopoly (...) condition for statehood nor need run afowl of his redistributive requirement. This being the case, his argument against free market anarchism fails. (shrink)

Leading digital platform providers such as Google and Uber construct marketplaces in which algorithms set prices. The efficiency-maximising free market credentials of this approach are touted by the companies involved and by legislators, policy makers and marketers. They have also taken root in the public imagination. In this article we challenge this understanding of algorithmically constructed marketplaces. We do so by returning to Hayek’s (1945) classic defence of the price mechanism, and by arguing that algorithmically-mediated price mechanisms do not, and (...) probably cannot, accumulate and signal that same kinds of knowledge that Hayek felt were essential to effective market governance. Indeed, we argue that algorithmically-constructed marketplaces are closer to, though distinct from, the central planning model that Hayek critiqued. Regardless of how you feel about Hayek’s argument, this has important consequences for how we respond to the rise of algorithmic governance tools in both markets and elsewhere. (shrink)

Nanotechnology, as with many technologies before it, places a strain on existing legislation and poses a challenge to all administrative agencies tasked with regulating technology-based products. It is easy to see how statutory schemes become outdated, as our ability to understand and affect the world progresses. In this article, we address the regulatory problems that nanotechnology posses for the Food and Drug Administration’s (FDA) classification structure for ‘‘drugs’’ and ‘‘devices.’’ The last major modification to these terms was in 1976, with (...) the enactment of the Medical Device Amendments. There are serious practical differences for a classification as a drug or device in terms of time to market and research. Drugs are classified, primarily, as acting by ‘‘chemical action.’’ We lay out some legal, philosophic, and scientific tools that serve to provide a useful, as well as legally and scientifically faithful, distinction between drugs and devices for the purpose of regulatory classification. These issues we raise are worth the consideration of anyone who is interested in the regulation of nano-products or other novel technologies. (shrink)