The Article addresses itself to immigration law governing the admission and expulsion of aliens, exploring the gap between the "plenary power" doctrine––the notion that Congress and the executive branch have broad and often exclusive authority over immigration decisions––and the actual practice of many federal courts in the immigration field. Federal courts, the author argues, often apply two distinct sets of constitutional norms in immigration cases, one set drawn from immigration law proper and applied directly to constitutional cases, and a second, (...) "phantom norm" set, borrowed from mainstream public law and applied in the interpretation of immigration statutes. The result is an immigration law regime in which the plenary power doctrine has been undermined, but not reversed, through statutory interpretation. The Article explores the reasons for the application of "phantom norms" to immigration statutes and the problems created by that practice, ultimately recommending a direct reassessment of plenary power as a constitutional doctrine. In so doing, the Article serves not only as an examination of the interpretive dynamics peculiar to immigration law but also as an exemplary study of a general problem of legal process––the relationship between statutory interpretation and constitutional law. (shrink)

In this paper, I will examine Bernard Williams' critique of the Morality System and defend it from a repeated objection by showing my reading of Williams. According to this reading, the Morality System is an alienated ethics: it has certain idiosyncrasies which ordinary ethics lacks.

Fumiko Kaneko was a female anarchist philosopher born in Japan in 1903. With her Korean partner Pak Yol, she founded the anarchist collective “Futei-sha” which published many articles arguing for anarchism and direct action (“Futei-sha” is named after “Futei-Senjin”, a government term for malcontent Koreans). Both Fumiko and Pak were pre-emptively detained during the major earthquake in 1923. During the detention, they testified that they had plotted to bomb the emperor’s son, which resulted in a death sentence for them. Though (...) they were pardoned, Fumiko refused the pardon and killed herself in prison at the age of 23. Her life is candidly written in her autobiography which has been translated into English (Kaneko 1991). In this book, we can see her powerful ego which was developed throughout her extremely oppressed life. Her philosophy is more explicitly expressed in her testimony at her trial. Also, I must note that there is a fantastic Korean film on Fumiko and Pak called Anarchist from Colony in which Korean actress Choi Hee-seo fabulously portrayed Fumiko, expressing Fumiko’s joyful aspect. -/- This article will examine her life story as well as her anarchist philosophy which I will refer to as the anarchism of truthfulness. -/- . (shrink)

This research discusses Bernard Williams' critique of utilitarianism. I will address Williams' well-known “Integrity Objection” and clarify where his main issue with utilitarianism lies. Through this, I will demonstrate that the separation of the two viewpoints – the “inside viewpoint” and the “impartial viewpoint” - is the issue, as the utilitarian impartial viewpoint does not capture the value of ethical deliberations based on our inside viewpoint in which we presuppose our personal projects. Furthermore, I will argue that this interpretation enables (...) us to place the objection in the context of the critique of impartiality which is one of the central themes of Williams’ ethics. (shrink)

In 2008 the authors held Involving Interface, a lively interdisciplinary event focusing on issues of biological, sociocultural, and technological interfacing (see Acknowledgments). Inspired by discussions at this event, in this article, we further discuss the value of input from neuroscience for developing robots and machine interfaces, and the value of philosophy, the humanities, and the arts for identifying persistent links between human interfacing and broader ethical concerns. The importance of ongoing interdisciplinary debate and public communication on scientific and technical advances (...) is also highlighted. Throughout, the authors explore the implications of the extended mind hypothesis for notions of moral accountability and robotics. (shrink)

This paper raises a slightly uncomfortable question: are some delusional subjects responsible for their delusions? This question is uncomfortable because we typically think that the answer is pretty clearly just ‘no’. However, we also accept that self-deception is paradigmatically intentional behavior for which the self-deceiver is prima facie blameworthy. Thus, if there is overlap between self-deception and delusion, this will put pressure on our initial answer. This paper argues that there is indeed such overlap by offering a novel philosophical account (...) of self-deception. The account offered is independently plausible and avoids the main problems that plague other views. It also yields the result that some delusional subjects are self-deceived. The conclusion is not, however, that those subjects are blameworthy. Rather, a distinction is made between blameworthiness and ‘attributability’. States or actions can be significantly attributable to a subject—in the sense that they are expressions of their wills—without it being the case that the subject is blameworthy, if the subject has an appropriate excuse. Understanding delusions within this framework of responsibility and excuses not only illuminates the ways in which the processes of delusional belief formation and maintenance are continuous with ‘ordinary’ processes of belief formation and maintenance, it also provides a way of understanding the innocence of the delusional subject that does not involve the denial of agency. (shrink)

This paper provides new tools for philosophical argument analysis and fresh empirical foundations for ‘critical’ ordinary language philosophy. Language comprehension routinely involves stereotypical inferences with contextual defeaters. J.L. Austin’s Sense and Sensibilia first mooted the idea that contextually inappropriate stereotypical inferences from verbal case-descriptions drive some philosophical paradoxes; these engender philosophical problems that can be resolved by exposing the underlying fallacies. We build on psycholinguistic research on salience effects to explain when and why even perfectly competent speakers cannot help making (...) stereotypical inferences which are contextually inappropriate. We analyse a classical paradox about perception, suggest it relies on contextually inappropriate stereotypical inferences from appearance-verbs, and show that the conditions we identified as leading to contextually inappropriate stereotypical inferences are met in formulations of the paradox. Three experiments use a forced-choice plausibility-ranking task to document the predicted inappropriate inferences, in English, German, and Japanese. The cross-linguistic study allows us to assess the wider relevance of the proposed analysis. Our findings open up new perspectives for ‘evidential’ experimental philosophy. (shrink)

Throughout the biological and biomedical sciences there is a growing need for, prescriptive ‘minimum information’ (MI) checklists specifying the key information to include when reporting experimental results are beginning to find favor with experimentalists, analysts, publishers and funders alike. Such checklists aim to ensure that methods, data, analyses and results are described to a level sufficient to support the unambiguous interpretation, sophisticated search, reanalysis and experimental corroboration and reuse of data sets, facilitating the extraction of maximum value from data sets (...) them. However, such ‘minimum information’ MI checklists are usually developed independently by groups working within representatives of particular biologically- or technologically-delineated domains. Consequently, an overview of the full range of checklists can be difficult to establish without intensive searching, and even tracking thetheir individual evolution of single checklists may be a non-trivial exercise. Checklists are also inevitably partially redundant when measured one against another, and where they overlap is far from straightforward. Furthermore, conflicts in scope and arbitrary decisions on wording and sub-structuring make integration difficult. This presents inhibit their use in combination. Overall, these issues present significant difficulties for the users of checklists, especially those in areas such as systems biology, who routinely combine information from multiple biological domains and technology platforms. To address all of the above, we present MIBBI (Minimum Information for Biological and Biomedical Investigations); a web-based communal resource for such checklists, designed to act as a ‘one-stop shop’ for those exploring the range of extant checklist projects, and to foster collaborative, integrative development and ultimately promote gradual integration of checklists. (shrink)

According to Satosi Watanabe's "theorem of the ugly duckling", the number of predicates satisfied by any two different particulars is a constant, which does not depend on the choice of the two particulars. If the number of predicates satisfied by two particulars is their number of properties in common, and the degree of resemblance between two particulars is a function of their number of properties in common, then it follows that the degree of resemblance between any two different particulars (...) is also constant, which is absurd. Avoiding this absurd conclusion requires questioning assumptions about infinity in the proof or interpretation of the theorem, adopting a sparse conception of properties, or denying degree of resemblance is a function of number of properties in common. After arguing against both the first two options, this paper argues for a version of the third which analyses degree of resemblance as a function of properties in common, but weighted by their degree of naturalness or importance. (shrink)

Physicists routinely claim that the fundamental laws of physics are 'time symmetric' or 'time reversal invariant' or 'reversible'. In particular, it is claimed that the theory of quantum mechanics is time symmetric. But it is shown in this paper that the orthodox analysis suffers from a fatal conceptual error, because the logical criterion for judging the time symmetry of probabilistic theories has been incorrectly formulated. The correct criterion requires symmetry between future-directed laws and past-directed laws. This criterion is formulated and (...) proved in detail. The orthodox claim that quantum mechanics is reversible is re-evaluated. The property demonstrated in the orthodox analysis is shown to be quite distinct from time reversal invariance. The view of Satosi Watanabe that quantum mechanics is time asymmetric is verified, as well as his view that this feature does not merely show a de facto or 'contingent' asymmetry, as commonly supposed, but implies a genuine failure of time reversal invariance of the laws of quantum mechanics. The laws of quantum mechanics would be incompatible with a time-reversed version of our universe. (shrink)

The elimination of ambiguity and redundancy are unquestioned goals in the exact sciences, and yet, as this paper shows, there are inescapable lower bounds that constrain our wish to eliminate them. The author discusses contributions by Richard Hamming (inventor of the Hamming code) and Satosi Watanabe (originator of the Theorems of the Ugly Duckling). Utilizing certain of their results, the author leads readers to recognize the unavoidable, central roles in effective communication, of redundancy, and of ambiguity of meaning, reference, (...) and identification. (shrink)

This book is a collection of all the papers published in the special issue “Philosophy and Meaning in Life Vol.4: Selected Papers from the Pretoria Conference,” Journal of Philosophy of Life, Vol.12, No.1, 2022, pp.1-115. -/- Theorizing About Meaning in Life Cheshire Calhoun -/- Is It Possible to Say ‘Yes’ to Traumatic Experiences?: A Philosophical Approach to Human Suffering Masahiro Morioka -/- Why Beauvoir Is Not a Subjectivist about Meaning in Life Kiki Berk -/- Axiological Values Grounded in Basic Motivational (...) Dispositions: How to Be a Subjectivist about Meaning in Life Frank Martela -/- Pessimism, Political Critique, and the Contingently Bad Life Patrick O’Donnell -/- Reason, Luck, and Meaning: A Critique of the Moralist View of Meaning in Life Kazuki Watanabe. (shrink)

A fundamental problem in understanding the nature of time is explaining its directionality. This 1990 PhD thesis re-examines the concepts of time flow, the physical directionality of time, and the semantics of tensed language. Several novel results are argued for that contradict the orthodox anti-realist views still dominant in the subject. Specifically, the concept of "metaphysical time flow" is supported as a valid scientific concept, and argued to be intrinsic to the directionality of objective probabilities in quantum mechanics; the common (...) claims that quantum probability theory is time reversible is shown to be based on an analytic error, stemming from a false choice for the criterion for reversibility of probabilistic theories (recognized by Satosi Watanabe in the 1950s but ignored in all philosophical discussions); and a consistent semantics for tensed language (adapted from the tree model of Storrs McCall) is constructed, showing that the common rejection of "time flow" as having no meaningful semantics is false. These debates are still ongoing in almost exactly the same state they were pre-1990, and there is appears to be no visible progress in the subject. Critical points made against errors in the orthodox account (which has been sustained for 70 years by the anti-realist philosophy of time, typified by the "Pittsburg School" of Grunbaum-Earman-Norton-Roberts), are still not recognized in the philosophy of time or physics. Some key technical proofs in this thesis have been published in physics proper. See p.ii-iii for full original abstract. (This pdf is uploaded from the Massey University archive.). (shrink)