It is common for philosophers to argue that psychopaths are not morally responsible because they lack some of the essential capacities for morality. In legal terms, they are criminally insane. Typically, however, the insanity defense is not available to psychopaths. The primary reason is that they appear to have the knowledge and understanding required under the M’Naghten Rules. However, it has been argued that what is required for moral and legal responsibility is ‘deep’ moral understanding, something that psychopaths do not (...) have either due to their lacking empathy or practical reason. In the first part of the paper, I argue that psychopaths do not lack the abilities required for deep moral understanding, although they have deficits in those areas. According the M’Naghten Rules, therefore, psychopaths are not insane. Under a less strict formulation of the insanity plea, like the Model Penal Code, however, there is a good case to be made for their lacking substantial capacity. I argue that because psychopathy is an essentially moral disorder, and because of the nature of psychopathic violence, psychopaths should not be excused under the insanity plea. It would be tantamount to excusing someone for committing a crime because they are bad. Arguably, this contravenes the entire system of law. (shrink)

Fictional names present unique challenges for semantic theories of proper names, challenges strong enough to warrant an account of names different from the standard treatment. The theory developed in this paper is motivated by a puzzle that depends on four assumptions: our intuitive assessment of the truth values of certain sentences, the most straightforward treatment of their syntactic structure, semantic compositionality, and metaphysical scruples strong enough to rule out fictional entities, at least. It is shown that these four assumptions, taken (...) together, are inconsistent with referentialism, the common view that names are uniformly associated with ordinary individuals as their semantic value. Instead, the view presented here interprets names as context-sensitive expressions, associated in a context of utterance with a particular act of introduction, or dubbing, which is then used to determine their semantic value. Some dubbings are referential, which associate names with ordinary individuals as their semantic values; others are fictional, which associate names, instead, with sets of properties. Since the semantic values of names can be of different sorts, the semantic rule interpreting predication must be complex as well. In the body of the paper, I show how this new treatment of names allows us to solve our original puzzle. I defend the complexity of the semantic predication rule, and address additional worries about ontological commitment. (shrink)

Many spectacular claims about psychopaths are circulated. This contribution aims at providing the reader with the more complex reality of the phenomenon (or phenomena), and to point to issues of particular interest to philosophers working in moral psychology and moral theory. I first discuss the current evidence regarding psychopaths’ deficient empathy and decision-making skills. I then explore what difference it makes to our thinking whether we regard their deficit dimensionally (as involving abilities that are on or off) and whether we (...) focus on primary or secondary psychopathy. My conclusion is that most grand claims about psychopathy settling long-standing debates in moral philosophy and psychology are overblown, but there is much to be learnt from this disorder when it comes to formulating modern theories of moral psychology. (shrink)

Abstract: Many, if not most philosophers, deny that a sentence like ‘Sherlock Holmes smokes’ could be true. However, this attitude conflicts with the assignment of true to that sentence by natural language speakers. Furthermore, this process of assigning truth values to sentences like ‘Sherlock Holes smokes’ seems indistinguishable from the process that leads speakers to assign true to other sentences, those like ‘Bertrand Russell smokes’. I will explore the idea that when speakers assign the value true to the first sentence, (...) they are not mistaken or confused — that we ought to take these assignments at face value. I show how the most popular alternative to this idea is inadequate for explaining various sentences involving fictional names. In addition, I offer evidence that these truth value assignments to sentences are tracking semantic content rather than pragmatic effects. (shrink)

This paper concerns two topics which, I hope to show, are vitally connected. One is the distinctive importance of appellate adjudication in the legal system of United States. The other is the workings of entangled concepts in the law. That appellate adjudication is important in some sense may seem obvious to everybody (to a few it will seem obvious that appellate adjudication is unimportant). My point will be that via appellate adjudication courts engineer entangled legal concepts, and it is this (...) aspect of appellate adjudication that is both crucial and unique to it, at least in the U.S. legal system. Entangled concepts intertwine description and evaluation; entangled legal concepts facilitate and constrain legal reasoning and legal judgments, in ways that distinguish legal adjudication from pure politics or the implementation of public policy. In the paper itself, I demonstrate more fully what it is for a legal concept to be an entangled one and how entanglement supplies guidance in adjudication. I also broach how entanglement in legal concepts and engineered entanglement have significance for legal pedagogy; appellate adjudication; the respective roles of the judiciary, the legislature, and administrative agencies; the erosion of the distinction between so-called public law and so-called private law; and our understanding of the fact/value distinction. -/- Understanding more specifically the nature of the entanglement at work in appellate adjudication requires much closer scrutiny of appellate opinions than we usually give. I examine carefully the background to MacPherson v. Buick and Justice Benjamin Cardozo’s particular re-engineering of ‘negligence’ and ‘duty,’ entangled concepts belonging to the same legal taxonomy. Via this scrutiny, I demonstrate the flaws in the engineering of some concepts in the buildup to MacPherson, and how these flaws led to those concepts’ collapse and ultimately to Cardozo’s re-engineering of ‘negligence’ and ‘duty.’ I also explain why careful understanding of the engineering of entangled legal concepts can make us appreciate that even the most successful of such concepts have within in them the grounds for their own obsolescence. -/- To show that conceptual engineering of entangled concepts occurs outside the context of state common law, I also examine how the U.S. Supreme Court has engineered ‘commerce’, itself an entangled concept. The recent decision regarding the individual mandate in the Affordable Care Act makes this example particularly timely. This secondary example also clarifies the nature of entanglement and engineering it. -/- This article concerns appellate adjudication in any area of law. I maintain that whether we are dealing with private law or public law, common law or statutory law or Constitutional law, the defining feature of appellate adjudication is its continuous engineering and reengineering of entangled legal concepts. The merger of fact and value in these concepts explains both the fertility of appellate adjudication and the constraints judges work with when they work with legal concepts that entangle fact and value. (shrink)

Empty names vary in their referential features. Some of them, as Kripke argues, are necessarily empty -- those that are used to create works of fiction. Others appear to be contingently empty -- those which fail to refer at this world, but which do uniquely identify particular objects in other possible worlds. I argue against Kripke's metaphysical and semantic reasons for thinking that either some or all empty names are necessarily non-referring, because these reasons are either not the right reasons (...) for thinking that a name necessarily must fail to refer, or they are too broad -- they make every empty name necessarily non-referential. Plausibly, the explanation for the necessary non-reference of fictional names should be semantic, yet the explanation should not rule out a priori the contingent non-reference of certain other empty names. In light of this, I argue that a name's semantic value needs to carry information about its referential potential. I claim that names do so by encoding information about the way they were introduced into discourse. Names that are fictional will be marked as being non-referential -- they will fail to refer as a matter of their semantics. In contrast, names that are contingently empty will be marked as referential, but they will be failed referential names that could have been successful. The reason, then, for the non-referential status of a fictional name, will be semantic, as our intuitions suggest it should be. Likewise, the reason for the non-referential status of other empty names, those created by acts of failed attempts to refer, will be metaphysical, again, in keeping with our intuitions. (shrink)

What makes a person the same over time is a question dealt with by many philosophers. I too offered a purely metaphysical answer in a different work, however, as with many other theorists, I offered an answer outside of considering the political consequences of the theory I offered. Upon reflection, I now see that this was a mistake in need of correction. This is because theories concerning how an individual person remains one and the same over time presupposes an understanding (...) of the nature of personhood as an ontological kind. While being a person is a purely metaphysical matter, the fact is that having the status of being a person is highly significant both morally and politically, as any social movement fighting for being granted this status to groups of individuals who have been denied it. To ignore the moral and political consequences of a metaphysical theory of persons is therefore ethically irresponsible. I argue that many of the assumptions concerning personhood are ethically and politically biased in favor of a conception of persons that disadvantages certain individuals, and that examining and correcting these biases is essential to be ethically responsible theorists of personhood. (shrink)

This article presents Paul Ricœur’s hermeneutic of the productive imagination as a methodological tool for understanding the innovative social function of texts that in exceeding their semantic meaning, iconically augment reality. Through the reasoning of Rastafari elder Mortimo Planno’s unpublished text, Rastafarian: The Earth’s Most Strangest Man, and the religious and biblical signification from the music of his most famous postulate, Bob Marley, this article applies Paul Ricœur’s schema of the religious productive imagination to conceptualize the metaphoric transfer from text (...) to life of verbal and iconic images of Rastafari’s hermeneutic of word, sound and power. This transformation is accomplished through what Ricœur terms the phenomenology of the iconic augmentation of reality. Understanding this semantic innovation is critical to understanding the capacity of the religious imagination to transform reality as a proclamation of hope in the midst of despair. (shrink)

According to EJ Lowe, diachronic necessity and synchronic necessity are logically independent. Diachronic possibility concerns what could happen to an object over time and therefore concerns future possibilities for that object given its past history. Synchronic possibility concerns what is possible for an object in the present or at a past present moment. These are logically independent, given certain assumptions. While it may true that because I am 38, it is impossible diachronically for me to be 30 (at least once (...) we restrict the degree of relevant possibility), it is possible, given that at some point in the past, I may have been conceived slightly earlier than I was, that I am now 37. Likewise, it is possible diachronically for me to be somewhere other than where I am, but given that one object cannot be in different places at the same time, it is impossible for me now to be somewhere other than where I am, and this is true at each past point in my history too. There are, then, two axis upon which to distinguish what is and is not possible: tensed possibilities and possibilities of degree, which include nomic, metaphysical, and logical necessities, among others. I examine the interactions between these possibilities and I come to the conclusion that logical necessity is not in fact logical necessity simpliciter. Whether something is logically necessary depends upon tensed possibilities. I argue that while synchronic logical necessity entails diachronic logical necessity, the reverse entailment does not hold. I explore the consequences of this for certain philosophical debates in semantics including the concept of rigid designation, and descriptive names. (shrink)

With the advent of the digital age and new mediums of communication, it is becoming increasingly important for those interested in the interpretation of religious text to look beyond traditional ideas of text and textuality to find the sacred in unlikely places. Paul Ricoeur’s phenomenological reorientation of classical hermeneutics from romanticized notions of authorial intent and psychological divinations to a serious engagement with the “science of the text” is a hermeneutical tool that opens up an important dialogue between the interpreter, (...) the world of the text, and the contemporary world in front of the text. This article examines three significant insights that Paul Ricoeur contributes to our expanding understanding of text. First under scrutiny will be Ricoeur’s de-regionalization of classic hermeneutics culminating in his understanding of Dasein (Being) as “being-in-the-world,” allowing mean-ing to transcend the physical boundaries of the text. Next, Ricoeur’s three-fold under-standing of traditionality/Traditions/tradition as the “chain of interpretations” through which religious language transcends the tem-poral boundary of historicity will be explored. The final section will focus on Ricoeur’s understanding of the productive imagination and metaphoric truth as the under-appreciated yet key insight around which Ricoeur’s philosophical investigation into the metaphoric transfer from text to life revolves. (shrink)

In this paper, I argue that standard psychological continuity theory does not account for an important feature of what is important in survival – having the property of personhood. I offer a theory that can account for this, and I explain how it avoids the implausible consequences of standard psychological continuity theory, as well as having certain other advantages over that theory.

It is often argued that the ability to imagine what others think and feel is central to moral functioning. In this paper, I consider to what extent this is true. I argue that neither the ability to think of others as having representational mental states, nor the ability to imagine being in their position, is necessary for moral understanding or moral motivation. I go on to argue that the area in which thinking about others’ thoughts and feelings appears to play (...) the largest role is that of supererogatory actions. Being able to get on well with others seems to be importantly predicated on our ability to think about their thoughts and feelings and being able to take up their perspective. However, when it comes to grosser moral norms and restrictions, such as harm norms, there is little reason to think that thinking about others’ thoughts and feelings plays a central role in understanding such norms or being motivated by them. (shrink)

In “Semantics of Fictional Terms,” Garcia-Carpintero critically surveys the most recent literature on the topic of fictional names. One of his targets is realism about fictional discourse. Realists about fictional discourse believe that: (a) it contains true sentences that have fictional names as their subjects; (b) sentences containing names can be true only if those names have referents; (c) fictional names have fictional characters – abstract objects – as their referents. The fundamental problem that arises for realists is that not (...) all true sentences containing fictional names are plausibly about abstract objects. This leads to the need to introduce disjunctive conceptions of property attribution that Garcia-Carpintero claims are implausible, and that realism should therefore be rejected. He also maintains, however, that (a) is correct. I agree. Furthermore, I am also committed to anti-realism about fictional discourse – that fictional names have no referents. Garcia-Carpintero claims that my view is simply a notational variant of realism. I argue that this is false – that my view could not possibly be a notational variant of any extant realist theory. (shrink)

Standard rigid designator accounts of a name’s meaning have trouble accommodating what I will call a descriptive name’s “shifty” character -- its tendency to shift its referent over time in response to a discovery that the conventional referent of that name does not satisfy the description with which that name was introduced. I offer a variant of Kripke’s historical semantic theory of how names function, a variant that can accommodate the character of descriptive names while maintaining rigidity for proper names. (...) A descriptive name’s shiftiness calls for a semantic account of names that makes their semantic values bipartite, containing both traditional semantic contents and what I call "modes of introduction." Both parts of a name's semantic value are derived from the way a name gets introduced into discourse -- from what I refer to as its "context of introduction." Making a name's semantic value bipartite in this way allows for a definite description to be a part of proper name's meaning without thereby sacrificing that name’s status as a rigid designator. On my view, a definite description is part of descriptive name’s mode of introduction. That is, it is part of what determines the content assigned to that name. As it turns out, making a definite description part of a descriptive name’s mode of introduction allows for that definite description to play the role of a mere reference-fixer regarding that name’s content, as Kripke would have it. However, my account allows a definite description to fix a descriptive name’s content actively over time, thereby explaining its inherent shiftiness. (shrink)

Recently, and rather startlingly, given the history of the debate about a name's semantic content, some claim that names are in fact predicates -- predicativism. Some of predicativists claim that a name's semantic content involves the concept of being called -- calling accounts that have been traditionally meta-linguistic. However, these accounts fail to be informative. Inspired by Burge's claim that proper names are literally true of the individuals that have them, Fara develops a non-meta-linguistic concept of being called analysed in (...) terms of property attributions. I offer seven separate reasons for rejecting the account, one of which is that Fara's development of the view, at least, has implausible consequences for a theory of name acquisition. I sketch an alternative account of name acquisition that is meta-linguistic in nature, but because it is not offered as a theory of name's content, the standard worries fail to apply. In fact, I argue that an account of name acquisition must be meta-linguistic, and therefore a more nuanced conception of meta-linguistic speech acts is required. The account invokes Austin's performative-constative distinction. It analyses name acquisition as due to performative meta-linguistic speech acts. (shrink)

Psychopaths are the bugbears of moral philosophy. They are often used as examples of perfectly rational people who are nonetheless willing to do great moral wrong without regret; hence the disorder has received the epithet “moral insanity” (Pritchard 1835). But whereas philosophers have had a great deal to say about psychopaths’ glaring and often horrifying lack of moral conscience, their aesthetic capacities have received hardly any attention, and are generally assumed to be intact or even enhanced. Popular culture often portrays (...) psychopaths in ways that suggest a great gap between their amorality and their aesthetic sensitivity. In The Silence of the Lambs (Jonathan Demme, 1991), Hannibal Lecter appreciates fine art, fashion, and wine, while he eats his way through his enemies. His real-life counterparts, however, do not demonstrate the same sensitivities. There is no evidence that psychopaths are capable of real aesthetic appreciation, and some evidence that they are not. In this paper, we set out the limited evidence for the psychopath’s deficient aesthetic sensitivity. The best explanations of what the psychopath lacks turn out to implicate abilities that are also thought to be central to moral thought and action: an impaired capacity for empathizing with others and deficient ability to take a disinterested attitude towards things (socalled distance). We endorse the latter explanation. Thinking about what underlies the psychopath’s deficient aesthetic understanding turns out to throw light on a difficult problem: the connection between ethics and aesthetics. (shrink)

My aim in this paper is to show that the existence of empty names raise problems for the Millian that go beyond the traditional problems of accounting for their meanings. Specifically, they have implications for Millian strategies for dealing with puzzles about belief. The standard move of positing a referent for a fictional name to avoid the problem of meaning, because of its distinctly Millian motivation, implies that solving puzzles about belief, when they involve empty names, do in fact hang (...) on Millian assumptions after all. (shrink)

It is common practice in intergenerational justice to set fixed thresholds determining what qualifies as justice. Static definitions of how much and what to save for future generations, however, overestimate human epistemological limits and predictive capacity in regard to uncertainty in social- and ecosystems. Long-term predictions cannot account for the inherent range of contingent variables at play, especially according to contemporary theories of punctuated equilibrium. It is argued that policies deliberately testing ecological limits as currently conceived must be excluded from (...) political calculations to minimize current actions from foreclosing future life quality and options. To better reduce harms to present and future generations and support the stability of just institutions (and the stable environments they depend on) as Rawls and others demand, polities can overcompensate resource allocation to environmental sustainability. Focus on reducing environmental harms benefits both current and future generations, reconciling distributive versus intergenerational justice trade-offs. (shrink)

This is what I hope is an illuminating, and to a certain degree, novel exposition of Montague Grammar. It is against many standard interpretations, and perhaps even against things Montague himself says at times. However, it makes more sense of how his various commitments fit together in a systematic way. Why, for instance, is it called "Montague Grammar" rather than "Montague Semantics," and what role does his commitment to Fregeanism plays in his conception of language? It is clear that he (...) is committed to the idea that function application is the fundamental mode of semantic composition, and that he is committed to an intensional framework. However, intensions have, since Carnap, been understood as nearly conceptually equivalent to functions from possible worlds to sets of individuals. But, in truth, possible worlds semantics is just dressed up extensional semantics. There are just more objects to go around to serve as inputs for functions, whatever we think of their ontological status. That is, possible worlds semantics is really a semantic reduction of intensional semantics achieved by expanding our ontological commitments. It would be difficult to make sense of Montague's strong commitment to Fregean semantics, if his notion of intension was that of Carnap's. According to my interpretation, Montague's notion of intension must be distinct from the version adopted by possible world semantics. Montague took seriously the idea that intensional semantics was something quite different from extensionalist semantics. The first was not reducible to the second semantically speaking. Just as Frege believed that meaning consisted of both sense and reference, so too did Montague. However, just as Frege also believed, Montague thought that sense and reference were systematically related. As I illustrate, interpreting Montague as adopting a different notion of intension can also resolve the apparent problem of distinguishing the difference in meaning between intensional equivalents. It might also enable us to draw a distinction in epistemic logic between an agent having contradictory beliefs and believing contradictions. (shrink)

There are many examples offered as evidence that proper names are predicates. Not all of these cases speak to a name’s semantic content, but many of them do. Some of these include attributive, quantifier, and ambiguity cases. We will explore those cases here, and we will see that none of them conclusively show that names are predicates. In fact, all of these constructions can be given alternative analyses that eliminate the predicative characteristics of names they feature. These analyses do not (...) involve having names functioning as predicates in any way at all. In attributive cases, the names within them are to be understood as occurring in a comparative construction, not an attributive construction. In the last two sorts of cases, the names that occur are analyzed as part of a more complex referring device for a specific domain, rather than functioning as predicates. Both paraphrases can be given plausible semantic treatments that have significant advantages over their competitors. For this reason, there is less motivation to focus on predicative views of proper names. (shrink)

This was a public talk given in the spring of 2013 during sexual assault awareness week. I believe roughly 800 attended. The philosophy dept was NOT expecting that but at any rate, this is the gist: While there are many different motivations for raising questions about the Sexual Assault Awareness Movement, at least one motivation comes from feminist controversies about what counts as consensual sex. Historically, this controversy arose between those known as "anti-pornography feminists", and "sex positive feminists" whose proponents (...) had very different understandings of what counts as sexual autonomy for women. It is important to understand that questioning the current definitions of what counts as an instance of sexual assault does not entail an anti-feminist agenda. There is not a unified feminist front on this topic. To assume otherwise is to risk silencing victims of sexual assault even further by imposing a particular conception of sexual assault upon them that they might themselves reject. If we are to properly address sexual assault as feminists we must listen to victims of sexual assault and develop a theory of consent in tandem with victims' own understanding of that concept. (shrink)

This book is about whether reference to an individual is the essential feature of a proper name -- a widely held view -- or whether referring to an individual is simply a contingent feature. Three questions need resolving, then. First, whether all names in particular contexts are themselves referring devices. Second, whether recognizing names types and the consequent issue of their ambiguity can be resolved simply by distinguishing between name types and tokens thereof. Last, whether names are ever referential in (...) the way Kripke and others have convincingly argued. The answer to first two questions is negative. The answer to third is a qualified "yes." I explain the theory that allows for these answers in the manuscript, as well as addressing other issues such as: the problem of fictional names; descriptive names; empty names; what an act of naming consists of; an account of ontological commitment; and the data that suggests that names are predicates. (shrink)

Résumé Si l’absence de moralité des psychopathes a été largement étudiée, il existe peu de recherches sur leurs capacités esthétiques. Pourtant, beaucoup d’études cliniques de cas montrent qu’ils présentent un grave déficit dans ce domaine. Cet article se propose d’en chercher les causes. Il analyse les forces et les limites de l’hypothèse d’un manque d’empathie pour expliquer ces carences esthétiques, et montre pourquoi l’hypothèse d’un manque de distance psychique se révèle plus féconde. Celle-ci permet en outre de comprendre le lien (...) de l’esthétique et de l’éthique par leur filiation commune : elles ont pour socle commun la capacité à prendre de la distance par rapport à des intérêts étroitement égoïstes. (shrink)

Recently, the relationship between evolutionary ecology and perceptual science has received renewed attention under perception-mediated selection, a mode of natural selection linking perceptual saliency, rather than veridicality, to fitness. The Interface Theory of Perception (ITP) has been especially prominent in claiming that an organism’s perceptual interface is populated by icons, which arise as a function of evolved, species-specific perceptual interfaces that produce approximations of organisms’ environments through fitness-tuned perceptions. According to perception-mediated selection, perception and behavior calibrate one another as organisms’ (...) capacities to experience and know the objects and properties of their environments lead to responses highlighting certain environmental features selected for survival. We argue this occurs via the Umwelt/Umgebung distinction in ethology, demonstrating that organisms interact with their external environments (Umgebung) through constructed perceptual schema (Umwelt) that produce constrained representations of environmental objects and their properties. Following Peircean semiotics, we claim that ITP’s focus on icons as saliency-simplified markers corresponds to biosemiotics’ understanding of perceptual representations, which manifest as iconic (resembling objects), indexical (referring), or symbolic (arbitrary) modalities, which provide for organisms’ semiotic scaffolding. We argue that ITP provides the computational evidence for biosemiotics’ notion of iconicity, while biosemiotics provides explanation within ITP for how iconicity can build up into indices and symbols. The common contention of these separate frameworks that the process of perception tracks saliency rather than veridicality suggests that digital/dyadic perceptual strategies will be outcompeted by their semiotic/triadic counterparts. This carries implications for evolutionary theory as well as theories of cognition. (shrink)

Critics of Institutional Review Board (IRB) practices often base their charges on the claim that IRB review began with and is premised upon a "medical model" of research, and hence a "medical model" of risk. Based on this claim, they charge that IRB review, especially in the institutional Reviw boardsocial and behavioral sciences, has experienced "mission creep". This paper argues that this line of critique is fundamentally misguided. While it remains unclear what critics mean by "medical model", the point of (...) contemporary human research subjects regulation remains the same across all domains of research. That point is to protect the autonomy of human subjects, primarily through the use of informed consent. In fields as different as biomedical self-experimentation and ethnography there is the danger of losing sight of subjects' autonomy. Critiques of the so-called medical model are sometimes libertarian and sometimes utilitarian in spirit. Either way, such critiques have not yet demonstrated that these philosophical schools of thought have the resources to guard against the potential risk of harm that lexically prioritizing the autonomy of human subjects does. Precisely because IRB review recognizes that human subjects research occurs in different fields using different research methods, IRB review requires researchers to explain their particular methods, the particular risks of harm created by these methods, and the implementation of procedures by which subjects may autonomously consent to precisely those risks. (shrink)

Some are skeptical about the possibility of objectivity in law. In this article, I argue that common law legal adjudication can yield objective judgments, based on a legitimate conception of objectivity, one that shares in the kind of objectivity available to scientific and ethical judgments.

There is no such thing as moral luck or everyone is profoundly mistaken about its nature and a radical rethinking of moral luck is needed. The argument to be developed is not complicated, and relies almost entirely on premises that should seem obviously correct to anyone who follows the moral luck literature. The conclusion, however, is surprising and disturbing. The classic cases of moral luck always involve an agent who lacks control over an event whose occurrence affects her praiseworthiness or (...) blameworthiness. Close examination of what it is to have control or to lack it reveals the logical space for counterexamples that do not fit the pattern constitutive of moral luck, and so unravel the whole. (shrink)

We investigate the causal uncertainty surrounding the flash crash in the U.S. Treasury bond market on October 15, 2014, and the unresolved concern that no clear link has been identified between the start of the flash crash at 9:33 and the opening of the U.S. equity market at 9:30. We consider the contributory effect of mini flash crashes in equity markets, and find that the number of equity mini flash crashes in the three-minute window between market open and the Treasury (...) Flash Crash was 2.6 times larger than the number experienced in any other three-minute window in the prior ten weekdays. We argue that (a) this statistically significant finding suggests that mini flash crashes in equity markets both predicted and contributed to the October 2014 U.S. Treasury Bond Flash Crash, and (b) mini-flash crashes are important phenomena with negative externalities that deserve much greater scholarly attention. (shrink)

Given the wide the range of legally available options for end-of-life care in recent decades: from aggressive, even experimental, treatment to active euthanasia, our ethical analysis struggles to keep pace with technology and law. In this essay I show that the principle of double effect (PDE) remains, and will continue to be, a useful tool for ethical analysis of end-of-life care. According to PDE, an agent may ethically perform an act that s/he foresees will have a significant bad effect (e.g., (...) death) in addition to a good effect (e.g., pain relief) only if s/he does not intend the bad effect, the act is not bad for reasons other than its causing the bad effect, and there is a proportionately serious reason to act. Following a brief explanation of PDE and preliminary considerations in favor of counting death as a bad effect, I analyze several end-of-life options in terms of the principle. I begin with those that enjoy significant consensus among proponents of PDE: active euthanasia, “passive euthanasia,” and palliative care. Then I consider the less-straightforward cases of drug provision, refusing food and water, and terminal sedation, arguing that participation in such actions is justifiable via PDE only under very limited conditions. (shrink)

Nietzsche offers a positive epistemology, and those who interpret him as a skeptic or a mere pragmatist are mistaken. Instead he supports what he calls per- spectivism. This is a familiar take on Nietzsche, as perspectivism has been analyzed by many previous interpreters. The present paper presents a sketch of the textually best supported and logically most consistent treatment of perspectivism as a first- order epistemic theory. What’s original in the present paper is an argument that Nietzsche also offers a (...) second-order methodological perspectivism aimed at enhancing understanding, an epistemic state distinct from knowledge. Just as Descartes considers and rejects radical skepticism while at the same time adopting methodological skepticism, one could consistently reject perspectivism as a theory of knowledge while accepting it as contributing to our understanding. It is argued that Nietzsche’s perspectivism is in fact two-tiered: knowledge is perspectival because truth itself is, and in addition there is a methodological perspectivism in which distinct ways of knowing are utilized to produce understanding. A review of the manner in which understanding is conceptualized in contemporary epistemology and philosophy of science serves to illuminate how Nietzsche was tackling these ideas. (shrink)

This article approaches the reflections of Paul Ricoeur regarding testimony to befound in his work Memory, History,Forgetting. Through reading of this work, we pos-tulate the idea that to consider others as readers or spectators of our actions forms animportant part of the construction of human subjectivity. The thesis that subjectivityarises as a discourse towards the other is proposed here, inasmuch as human experi-ences are transmitted narratively in the form of testimony, which stands as an examplefor the understanding of the experiences (...) of the past. (shrink)

The philosophical foundation of human rights has become more explicit, given that the presumption of peace in the Preamble to the Universal Declaration of Human Rights demands further development, both in its definition and in the conditions or requirements for its fulfillment. Based on the discussion of the human right to peace, we propose to reinterpret the Arendtine expression “The right to have rights” as the philosophical formula that calls for the ascension of peace to a legal enunciation; this is (...) based on the critique of Human Rights, the valuation of human singularity, and on believing in the merging of actions and discourses that characterize Hannah Arendt’s politics.Keywords: peace, human rights, stateless persons, philosophical foundation, the human right to peace. (shrink)

Nonviolent movements mainly characterized by not taking part in and resist-ing violent practices developed no multiple levels have had a significant contribution inputting an end to wars and oppressive systems. However, it is worth asking whether theyhave, consequently, contributed to the construction of peace. This article, centered onGandhi, reflects upon the general contribution of nonviolence for historical changes ar-ticulated through Paul Ricoeur’s critique and interpretation of the influence of these move-ments in the intricate relationship between politics and violence. -/- .

We analyze Case in terms of independent constraints on syntactic structures — namely, the Projection Principle (inherent Case), the ECP (marked structural Case), and the theory of extended projections (the nominative, a Caseless nominal projection). The resulting theory accounts for (1) the government constraint on Case assignment, (2) all major Case systems (accusative, ergative, active, three-way, and split), (3) Case alternations (passive, antipassive, and ECM), and (4) the Case of nominal possessors. Structural Case may correlate with pronominal agreement because the (...) former can, and the latter must, involve antecedent-government by a functional head. However, neither phenomenon implies the other. (shrink)

In this paper, we discuss some rather puzzling facts concerning the semantics of Warlpiri expressions of cardinality, i.e. the Warlpiri counterparts of English expressions like one,two, many, how many. The morphosyntactic evidence, discussed in section 1, suggests that the corresponding expressions in Warlpiri are nominal, just like the Warlpiri counterparts of prototypical nouns, eg. child. We also argue that Warlpiri has no articles or any other items of the syntactic category D(eterminer). In section 2, we describe three types of readings— (...) "definite", "indefinite" and "predicative"—which are generally found with Warlpiri nouns, including those which correspond to English common nouns and cardinality expressions. A partial analysis of these readings is sketched i n section 3. Since Warlpiri has no determiner system, we hypothesize that the source of (in)definiteness in this language is semantic. More specifically, we suggest that Warlpiri nominals are basically interpreted as individual terms or predicates of individuals and that their three readings arise as a consequence of the interaction of their basic meanings, which are specific to Warlpiri, with certain semantic operations, such as type shifting (Rooth and Partee 1982, Partee and Rooth 1983, Partee 1986, 1987), which universally can or must apply in the process of compositional semantic interpretation. (shrink)

Ergative languages make up a substantial percentage of the world’s languages. They have a case system which distinguishes the subject of a transitive verb from that of an intransitive, grouping the latter with the object — that is, the object of a transitive verb and the subject of an intransitive verb are in the same case, which we refer to as the nominative. However, ergative languages differ from one another in important ways. In Greenlandic Eskimo the nominative, whether it is (...) a subject or an object, is syntactically prominent in the clause, much like a subject in English; but in Warlpiri, the nominative is not prominent, more like an object. The variable prominence of the nominative manifests itself as well in the semantics, e.g., default scope of indefinite and quantified nominals. Using data from Greenlandic Eskimo and Warlpiri, and from Hindi, which represents a split ergative system, this paper develops a general theory of case which explains the observed differences amongst ergative languages. In addition, the theory is designed to account for the accusative language type, represented by English. (shrink)

An increasing number of European research projects return, or plan to return, individual genomic research results (IRR) to participants. While data access is a data subject’s right under the General Data Protection Regulation (GDPR), and many legal and ethical guidelines allow or require participants to receive personal data generated in research, the practice of returning results is not straightforward and raises several practical and ethical issues. Existing guidelines focusing on return of IRR are mostly project-specific, only discuss which results to (...) return, or were developed outside Europe. To address this gap, we analysed existing normative documents identified online using inductive content analysis. We used this analysis to develop a checklist of steps to assist European researchers considering whether to return IRR to participants. We then sought feedback on the checklist from an interdisciplinary panel of European experts (clinicians, clinical researchers, population-based researchers, biobank managers, ethicists, lawyers and policy makers) to refine the checklist. The checklist outlines seven major components researchers should consider when determining whether, and how, to return results to adult research participants: 1) Decide which results to return; 2) Develop a plan for return of results; 3) Obtain participant informed consent; 4) Collect and analyse data; 5) Confirm results; 6) Disclose research results; 7) Follow-up and monitor. Our checklist provides a clear outline of the steps European researchers can follow to develop ethical and sustainable result return pathways within their own research projects. Further legal analysis is required to ensure this checklist complies with relevant domestic laws. (shrink)

—Commentary on Mikhalevich and Powell on invertebrate minds.— Whether or not arthropods are sentient, they can have moral standing. Appeals to sentience are not necessary and retard progress in human treatment of other species, including invertebrates. Other increasingly well-documented aspects of invertebrate minds are pertinent to their welfare. Even if arthropods are not sentient, they can be agents whose goals—and therefore interests—can be frustrated. This kind of agency is sufficient for moral status and requires that we consider their welfare.

Microalgae in the wild often form consortia with other species promoting their own health and resource foraging opportunities. The recent application of microalgae cultivation and deployment in commercial photobioreactors (PBR) so far has focussed on single species of algae, resulting in multi-species consortia being largely unexplored. Reviewing the current status of PBR ecological habitat, this article argues in favor of further investigation into algal communication with conspecifics and interspecifics, including other strains of microalgae and bacteria. These mutualistic species form the (...) ‘phycosphere’: the micro-environment surrounding microalgal cells, potentiating the production of certain metabolites through biochemical interaction with cohabitating microorganisms. A better understanding of the phycosphere could lead to novel PBR configurations, capable of incorporating algal-microbial consortia, potentially proving more effective than single-species algal systems. (shrink)

The “incel” phenomenon began after 2010 when like-minded young – mostly straight white – men started to share similar thoughts and worldviews on certain digital platforms and online forums leading to an exclusive community. The phenomenon is characterized by misogynism, racism and homophobia. The most extreme forms of the phenomenon have led to violent hate crimes. The aim of this paper is to understand this phenomenon and analyze it by applying the echo chamber theory.

A core commitment of Bob Hale and Crispin Wright’s neologicism is their invocation of Frege’s Constraint—roughly, the requirement that the core empirical applications for a class of numbers be “built directly into” their formal characterization. According to these neologicists, if legitimate, Frege’s Constraint adjudicates in favor of their preferred foundation—Hume’s Principle—and against alternatives, such as the Dedekind–Peano axioms. In this paper, we consider a recent argument for legitimating Frege’s Constraint due to Hale, according to which the primary empirical application of (...) the naturals is transitive counting, or answering ‘how many’-questions using numerals. We make two claims regarding Hale’s argument. First, it fails to legitimate Frege’s Constraint in virtue of resting on unsupported and highly contentious assumptions. Secondly, even if sound, Hale’s argument would vindicate a version of Frege’s Constraint which fails to adjudicate in favor of Hume’s Principle over alternative characterizations of the naturals. (shrink)

This critical edition is the first ever publication of Hale's Of the Law of Nature, which previously existed only in manuscript form. After discussing and defining the law in general, Hale examines the natural law in particular, its discovery and divine origin, and how it relates to both biblical and human laws. Hale's treatise, which was likely written as part of his personal meditations, and was circulated among English lawyers after his death, reveals not only the close relationship between law (...) and theology in his thought, but also the importance of natural law to early modern legal thought. (shrink)

Review of Bob Hale's "Necessary Beings: An Essay on Ontology, Modality, and the Relations Between Them". Oxford: Oxford University Press 2013, ISBN 9780199669578.

Steven Hales and Jennifer Johnson—building off their (2014) work as well as Hales (2015, 2016)—have recently conducted two studies in Philosophical Psychology (2018) that show that there is a relationship between optimism and folk assessments of luck. Hales and Johnson use these results to argue that there is no such thing as luck. Instead, they claim that the concept is highly subjective and a cognitive illusion and that what we are in need of is an error theory. (...) After reviewing Hales and Johnson’s position, I levy four objections against their view. First, they ignore the fact that luck involves a chanciness condition. Second, their standards for what it means to be a useful philosophical theory are too high. Third, their view ignores the fact that there are various accounts of value in the literature and assumes a kind of relativism that few people would be willing to accept. Lastly, their error theory is not supported by the empirical evidence. Because of these problems, Hales and Johnson’s argument is not a serious threat to extant accounts of luck. (shrink)