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)

In this paper, we present a survey of the development of the technique of argument diagramming covering not only the fields in which it originated - informal logic, argumentation theory, evidence law and legal reasoning – but also more recent work in applying and developing it in computer science and artificial intelligence. Beginning with a simple example of an everyday argument, we present an analysis of it visualised as an argument diagram constructed using a software tool. In the context of (...) a brief history of the development of diagramming, it is then shown how argument diagrams have been used to analyze and work with argumentation in law, philosophy and artificial intelligence. (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)

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)

A familiar post-Kantian criticism contends that Kant enslaves sensibility under the yoke of practical reason. Friedrich Schiller advanced a version of this criticism to which Kant publicly responded. Recent commentators have emphasized the role that Kant’s reply assigns to the pleasure that accompanies successful moral action. In contrast, I argue that Kant’s reply relies primarily on the sublime feeling that arises when we merely contemplate the moral law. In fact, the pleasures emphasized by other recent commentators depend on this sublime (...) feeling. These facts illuminate Kant’s views regarding the relationship between morality, freedom, and the development of moral feelings. (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)

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)

Recent existential-risk thinkers have noted that the analysis of the fine-tuning argument for God’s existence, and the analysis of certain forms of existential risk, employ similar types of reasoning. This paper argues that insofar as the “many worlds objection” undermines the inference to God’s existence from universal fine-tuning, then a similar many worlds objection undermines the inference that the historic risk of global nuclear catastrophe has been low from the lack of such a catastrophe has occurred in our world. A (...) version of the fine-tuning argument applied to nuclear risk, The Nuclear Fine-Tuning Argument, utilizes the set of nuclear close calls to show that 1) conventional explanations fail to adequately explain how we have survived thus far and 2) the existence of many worlds provides an adequate explanation. This is because, if there are many worlds, observers are disproportionately more likely to reflect upon a world that hasn’t had a global nuclear catastrophe than upon one that has had a global nuclear catastrophe. This selection bias results from the catastrophic nature of such an event. This argument extends generally to all global catastrophic risks that both A) have been historic threats and B) would result in a significantly lower global population. (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)

The method of intuition, the view that the best philosophical perspective will maintain as many of our intuitions as possible, is one of the pillars of analytic philosophy. Unfortunately, the reliance on intuition by analytic philosophers has created conditions such that the biases of those who do philosophy, predominantly those of hegemonic identities, are accepted as a basis for philosophical knowledge. This problem can be solved by rejecting intuition as a basis for philosophical knowledge and instead relying on a methodology (...) derived from the Principle of Sufficient Reason. (shrink)

Hegel famously criticizes Kant’s resolution of the antinomies. According to Sedgwick, Hegel primarily chastises Kant’s resolution for presupposing that concepts are ‘one-sided’, rather than identical to their opposites. If Kant had accepted the dialectical nature of concepts, then (according to Sedgwick) Kant would not have needed to resolve the antinomies. However, as Ameriks has noted, any such interpretation faces a serious challenge. Namely, Kant’s first antinomy concerns the universe’s physical dimensions. Even if we grant that the concept of the finite (...) is necessarily related to that of the infinite, the physical universe cannot both have and lack a temporal beginning. I argue that Hegel neither adopts Sedgwick’s view that Kant’s antinomies require no resolution nor absurdly accepts that the physical universe both has and lacks a temporal beginning. Instead, Hegel proposes a sophisticated resolution of Kant’s first antinomy (including its physical aspect) that depends on Hegel’s theory of the Absolute. (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)

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 I believe that conceptually a theory about how a person remains one and the same over (...) time presupposes an understanding of the nature of personhood as an ontological kind. That is, to remain the same person over time logically requires remaining a person. While being a counting as a person is a purely metaphysical matter, the fact is 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)

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)

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)

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)

In his essay ‘Of the Standard of Taste,’ Hume argues that artworks with morally flawed outlooks are, to some extent, aesthetically flawed. While Hume's remarks regarding the relationship between art and morality have influenced contemporary aestheticians, Hume's own position has struck many people as incoherent. For Hume appears to entangle himself in two separate contradictions. First, Hume seems to claim both that true judges should not enter into vicious sentiments and that true judges should adopt the standpoint of an artwork's (...) intended audience. But The Iliad, say, was obviously intended for an audience that shared Homer's flawed moral outlook. Second, Hume appears to claim that our moral sentiments are both highly resistant to change and extremely fragile. This essay defends Hume against these two objections by drawing increased attention to the role that Hume's aesthetics assigns to the faculty of good sense or sound reason. (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)

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)

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)

Argumentation schemes can be described as abstract structures representing the most generic types of argument, constituting the building blocks of the ones used in everyday reasoning. This paper investigates the structure, classification, and uses of such schemes. Three goals are pursued: 1) to describe the schemes, showing how they evolved and how they have been classified in the traditional and the modern theories; 2) to propose a method for classifying them based on ancient and modern developments; and 3) to outline (...) and show how schemes can be used to describe and analyze or produce real arguments. To this purpose, we will build on the traditional distinctions for building a dichotomic classification of schemes, and we will advance a modular approach to argument analysis, in which different argumentation schemes are combined together in order to represent each step of reasoning on which a complex argument relies. Finally, we will show how schemes are applied to formal systems, focusing on their applications to Artificial Intelligence, AI & Law, argument mining, and formal ontologies. (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)

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)

Free will is often said—by compatibilists and incompatibilists alike—to be a power (or complex of powers) of agents. This paper offers proposals for, and examines the prospects of, a powers-conception of free will that takes the powers in question to be causal dispositions. A difficulty for such an account stems from the idea that when one exercises free will, it is up to oneself whether one wills to do this or that. The paper also briefly considers whether a powers-conception that (...) invokes powers of a different kind, such as agent-causal or noncausal powers, might fare better with respect to this problem. (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)

I argue that Aristotle believes that virtue comes in degrees. After dispatching with initial concerns for the view, I argue that we should accept it because Aristotle conceives of heroic virtue as the highest degree of virtue. I support this interpretation of heroic virtue by considering and rejecting alternative readings, then showing that heroic virtue characterized as the highest degree of virtue is consistent with the doctrine of the mean.

Plato seems to have been pessimistic about how most people stand with regard to virtue. However, unlike the Stoics, he did not conclude that most people are vicious. Rather, as we know from discussions across several dialogues, he countenanced decent ethical conditions that fall short of genuine virtue, which he limited to the philosopher. Despite Plato's obvious interest in this issue, commentators rarely follow his lead by investigating in detail such conditions in the dialogues. When scholars do investigate what kind (...) of virtue, if any, Plato thinks is open to non-philosophers, they typically look to the Republic. But in the Republic Plato sets out an ideal city; therefore, the virtue available to non-philosophers there is likely different from what he thinks is available to them in the real world. If we want to determine Plato's thoughts about the virtue of actual non-philosophers, we must look elsewhere. In this paper, I set my sights on the Phaedo. (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.

In this paper we look at the manual analysis of arguments and how this compares to the current state of automatic argument analysis. These considerations are used to develop a new approach combining a machine learning algorithm to extract propositions from text, with a topic model to determine argument structure. The results of this method are compared to a manual analysis.

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)

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. -/- .

A growing body of recent work in informal logic investigates the process of argumentation. Among other things, this work focuses on the ways in which individuals attempt to understand written or verbalised arguments in light of the fact that these are often presented in forms that are incomplete and unmarked. One of its aims is to develop general procedures for natural language argument recognition and reconstruction. Our aim here is to draw on this growing body of knowledge in informal logic (...) in order to take preliminary steps towards developing an architecture for computer systems that are able to recognise and reconstruct natural language arguments. This architecture aims to structure research of an applied and computational nature that strives to implement linguistic systems of various sorts, and to analyse problems in a way that both yields manageable and relatively independent components and also highlights how implementations can interact with existing resources from natural language processing. (shrink)

The Stoics claim that the sage is free from emotions, experiencing instead εὐπάθειαι (‘good feelings’). It is, however, unclear whether the sage experiences εὐπάθειαι about virtue/vice only, indifferents only, or both. Here, I argue that εὐπάθειαι are exclusively about virtue/vice by showing that this reading alone accommodates the Stoic claim that there is not a εὐπάθειαι corresponding to emotional pain. I close by considering the consequences of this view for the coherence and viability of Stoic ethics.

When comparing alternative courses of action, modern military decision makers often must consider both the military effectiveness and the ethical consequences of the available alternatives. The basis, design, calibration, and performance of a principles-based computational model of ethical considerations in military decision making are reported in this article. The relative ethical violation (REV) model comparatively evaluates alternative military actions based upon the degree to which they violate contextually relevant ethical principles. It is based on a set of specific ethical principles (...) deemed by philosophers and ethicists to be relevant to military courses of action. A survey of expert and non-expert human decision makers regarding the relative ethical violation of alternative actions for a set of specially designed calibration scenarios was conducted to collect data that was used to calibrate the REV model. Perhaps unsurprisingly, the survey showed that people, even experts, disagreed greatly amongst themselves regarding the scenarios’ ethical considerations. Despite this disagreement, two significant results emerged. First, after calibration the REV model performed very well in terms of replicating the ethical assessments of human experts for the calibration scenarios. The REV model outperformed an earlier model that was based on tangible consequences rather than ethical principles, that earlier model performed comparably to human experts, the experts outperformed human non-experts, and the non-experts outperformed random selection of actions. All of these performance comparisons were measured quantitatively and confirmed with suitable statistical tests. Second, although humans tended to value some principles over others, none of the ethical principles involved—even the principle of not harming civilians—completely overshadowed all of the other principles. (shrink)

One recent priority of the U.S. government is developing autonomous robotic systems. The U.S. Army has funded research to design a metric of evil to support military commanders with ethical decision-making and, in the future, allow robotic military systems to make autonomous ethical judgments. We use this particular project as a case study for efforts that seek to frame morality in quantitative terms. We report preliminary results from this research, describing the assumptions and limitations of a program that assesses the (...) relative evil of two courses of action. We compare this program to other attempts to simulate ethical decision-making, assess possibilities for overcoming the trade-off between input simplification and output reliability, and discuss the responsibilities of users and designers in implementing such programs. We conclude by discussing the implications that this project highlights for the successes and challenges of developing automated mechanisms for ethical decision making. (shrink)

I argue that Plato distinguishes between personal immortality and immortality of the soul. I begin by criticizing the consensus view that Plato identifies the person and the soul. I then turn to the issue of immortality. By considering passages from 'Symposium' and 'Timaeus', I make the case that Plato thinks that while the soul is immortal by nature, if a person is going to be immortal, they must become so. Finally, I argue that Plato has a psychological continuity approach to (...) personal identity. Thus, for Plato, a person becomes immortal by avoiding reincarnation and securing for themselves psychological continuity forever. (shrink)

Writers, philosophers, and theologians have oft made the comparison between being a mature human being and a masterpiece work of art or design. Employing the analogy between the creation of artistic value and the creation of full-fledged human value, this paper stakes out a middle ground between pro-choice and pro-life by considering a more general account of value and the relationship between being a potential X and a mature implementation of X's potential. I argue that the value of a potential (...) X is a function of a number of factors, most importantly, what I call the "accessibility relation" between a potential X and a full-fledged instantiation of this potential. The value is as much intrinsic to the “seed” as to some future implementation of the seed’s potential. This approach inclines even a secular humanist to reasonably confer a significant degree of moral value to a human conceptus, and even more to an early term fetus. (shrink)

Over the past decade or so, a new interdisciplinary field has emerged in the ground between, on the one hand, computer science – and artificial intelligence in particular – and, on the other, the area of philosophy concentrating on the language and structure of argument. There are now hundreds of researchers worldwide who would consider themselves a part of this nascent community. Various terms have been proposed for the area, including "Computational Dialectics," "Argumentation Technology," and "Argument-based Computing," but the term (...) that has stuck is simply Argument & Computation. It encompasses several specific strands of research, such as: . the use of theories of argument, and dialectic in particular, in the design and implementation of protocols for multi-agent action and communication; . the application of theories of argument and rhetoric in natural language processing and affective computing; . the use of argument-based structures for autonomous reasoning in artificial intelligence, and in particular, for defeasible reasoning; . computer-supported collaborative argumentation – the implementation of software tools for enabling online argument in domains such as education and e-government. These strands come together to form the core of a research field that covers parts of artificial intelligence (AI), philosophy, linguistics, and cognitive science, but, increasingly, is building an identity of its own. (shrink)

This is an unpublished talk written for a meeting of French philosophers. The paper describes the evolution versus creationism/intelligent design controversy in the U.S. A number of philosophers and scientists try to resolve this issue by sharply distinguishing the realm of science versus any talk of the supernatural. These pro-evolutionists often appeal to science's essential commitment to "methodological naturalism," the view that scientific methodology is essentially committed to naturalism and cannot meaningfully entertain hypotheses concerning the supernatural. I criticize methodological naturalism, (...) suggesting that such an appeal is misguided and counterproductive. I suggest an alternative view of the supernatural consistent with scientific knowledge. (shrink)

In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic concept of life in (...) conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (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.

This paper explains how to use a new software tool for argument diagramming available free on the Internet, showing especially how it can be used in the classroom to enhance critical thinking in philosophy. The user loads a text file containing an argument into a box on the computer interface, and then creates an argument diagram by dragging lines from one node to another. A key feature is the support for argumentation schemes, common patterns of defeasible reasoning historically know as (...) topics . Several examples are presented, as well as the results of an experiment in using the system with students in a university classroom. (shrink)