Clinical Legal Education programmes now take place in most law schools in England and Wales. However, legal education continues to be predominantly focused on the analysis and application of rules, doctrines, and theories to hypothetical scenarios or essay questions. This form of pedagogy either minimises or ignores the role of the client in terms of supplying lawyers with knowledge pertinent to their case. In other words, it overlooks the fact that the lawyer’s acquisition of knowledge is not confined to technical (...) rationality. This article seeks to achieve three broad aims. First, to contribute to the debate concerning the epistemology of reflective practice. Second, to develop a theoretical reflective cycle, informed by Kant’s transcendental idealism, which seeks to maximise knowledge acquisition in legal education, namely knowledge supplied by the client. Third, to address implicit bias using the proposed reflective cycle. An optimal pedagogy for using this cycle is Clinical Legal Education, namely live client clinics. (shrink)

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's (...) argument is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

We sought to compare the implicit and explicit views of a group of Muslim graduates on the fairness of Islamic law. In this preliminary investigation, we used the Electroencephalographic N400 Event Related Potential to detect the participant’s implicit beliefs. It was found that the majority of participants, eight out of ten, implicitly held that Islamic Law was unfair despite explicitly stating the opposite. In seeking to understand what separated these eight participants from the remaining two – the two (...) who both implicitly and explicitly held that Islamic Law was fair – only two distinguishing characteristics could be identified. Both participants had undertaken an in-depth study of a branch of Islamic law that places the spirit of the law above that of a literal interpretation. They had also attended the same seminary, exclusive to the other participants. Of the eight participants, it was discovered that, while they implicitly held Islamic law to be unfair, they also held it to be rational – in the same way they found that it was rational to push a person of a ship in order to save the remaining from drowning, yet unfair. We discuss these preliminary findings and consider theories on how an innate sense of fairness, an aspect of nativism, may come into play when it is not congruent with a participant’s own beliefs. Further, we ask, where such an inconsistency occurs, how does the mind attempt to rectify it – if at all? As a possible contribution to the discussion on theories of nativism vs. empiricism we put forward a hypothesis and methodology for investigation that may produce previously unconsidered data on human nature. (shrink)

The Laws of Thought is an exploration of the deductive and inductive foundations of rational thought. The author here clarifies and defends Aristotle’s Three Laws of Thought, called the Laws of Identity, Non-contradiction and Exclusion of the Middle – and introduces two more, which are implicit in and crucial to them: the Fourth Law of Thought, called the Principle of Induction, and the Fifth Law of Thought, called the Principle of Deduction. This book is a thematic (...) compilation drawn from past works by the author over a period of twenty-three years (1990-2013). (shrink)

The reasonable person standard is used in adjudicating claims of self-defence. In US law, an individual may use defensive force if her beliefs that a threat is imminent and that force is required are beliefs that a reasonable person would have. In English law, it is sufficient that beliefs in imminence and necessity are genuinely held; but the reasonableness of so believing is given an evidential role in establishing the genuineness of the beliefs. There is, of course, much contention over (...) how to spell out when, and in virtue of what, such beliefs are reasonable. In this chapter, we identify some distinctive issues that arise when we consider that implicit racial bias might be implicated in the beliefs in imminence and necessity. Considering two prominent interpretations of the reasonable person standard, we argue that neither is acceptable. On one interpretation, we risk unfairness to the defendant-who may non-culpably harbour bias. On another, the standard embeds racist stereotypes. Whilst there are formulations of the defence that may serve to mitigate these problems, we argue that they cannot be avoided in the presence of racist social structures. (shrink)

In this article I argue for an empiricist view on laws. Some laws are fundamental in the sense that they are the result of inductive generalisations of observed regularities and at the same time in their formulation contain a new theoretical predicate. The inductive generalisations simul- taneously function as implicit definitions of these new predicates. Other laws are either explicit definitions or consequences of other previously established laws. I discuss the laws of classical mechanics, (...) relativity theory and electromagnetism in detail. Laws are necessary, whereas acciden- tal generalisations are not. But necessity here is not a modal concept, but rather interpreted as short for the semantic predicate “... is necessarily true”. Thus no modal logic is needed. The neces- sity attributed to law sentences is in turn interpreted as “necessary condition for the rest of the the- ory”, which is true since fundamental laws are implicit definitions of theoretical predicates use in the theory. (shrink)

A person with one dollar is poor. If a person with n dollars is poor, then so is a person with n + 1 dollars. Therefore, a person with a billion dollars is poor. True premises, valid reasoning, a false a conclusion. This is an instance of the Sorites-paradox. (There are infinitely many such paradoxes. A man with an IQ of 1 is unintelligent. If a man with an IQ of n is unintelligent, so is a man with an IQ (...) of n+1. Therefore a man with an IQ of 200 is unintelligent.) Most attempts to solve this paradox reject some law of classical logic, usually the law of bivalence. I show that this paradox can be solved while holding on to all the laws of classical logic. Given any predicate that generates a Sorites-paradox, significant use of that predicate is actually elliptical for a relational statement: a significant token of "Bob is poor" means that Bob is poor compared to x, for some value of x. Once a value of x is supplied, a definite cutoff line between having and not having the paradox-generating predicate is supplied. This neutralizes the inductive step in the associated Sorites argument, and the would-be paradox is avoided. (shrink)

Comparative religion scholar Thomas Berry’s influential concept of “Earth jurisprudence” has been helpfully elaborated in three principal books. My first section identifies four of their common themes, deriving therefrom an implicit narrative: (1) the basis of ecology is autopoiesis, which (2) originally generated human communities and Indigenous vernacular laws, which were (3) later reasserted by forest defenders who fought to create the Magna Carta’s “Charter of the Forest,” which is (4) now championed globally by the Indian physicist and (...) eco-activist Vandana Shiva’s Earth Democracy movement. My next three sections identify mutually exclusive elements of the three books, deriving the following alternative narrative: self-conscious new dancing rituals (Cullinan) could empower an historically informed reconstruction of private property (Burdon) via commons-based vernacular law (Weston and Bollier). And my conclusion offers one template for such a strategy, namely a new environmental variation on my dancing-poetic conception of legal justice, christened “emerald star-law.”. (shrink)

If the laws of nature are as the Humean believes, it is an unexplained cosmic coincidence that the actual Humean mosaic is as extremely regular as it is. This is a strong and well-known objection to the Humean account of laws. Yet, as reasonable as this objection may seem, it is nowadays sometimes dismissed. The reason: its unjustified implicit assignment of equiprobability to each possible Humean mosaic; that is, its assumption of the principle of indifference, which has (...) been attacked on many grounds ever since it was first proposed. In place of equiprobability, recent formal models represent the doxastic state of total ignorance as suspension of judgment. In this paper I revisit the cosmic coincidence objection to Humean laws by assessing which doxastic state we should endorse. By focusing on specific features of our scenario I conclude that suspending judgment results in an unnecessarily weak doxastic state. First, I point out that recent literature in epistemology has provided independent justifications of the principle of indifference. Second, given that the argument is framed within a Humean metaphysics, it turns out that we are warranted to appeal to these justifications and assign a uniform and additive credence distribution among Humean mosaics. This leads us to conclude that, contrary to widespread opinion, we should not dismiss the cosmic coincidence objection to the Humean account of laws. (shrink)

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

This article draws upon the epistemology of testimony to analyse recent English case law on expert evidence. It argues that the courts are implicitly committed to an internalist epistemology and an inferentialist view of testimony, and draws a distinction between testimony which is treated as authoritative (where the fact-finder accepts the inferences drawn by the expert without attempting to assess their validity) and that which is treated as merely persuasive.

The paper applies confirmation theory to a famous statement of economics, the law of demand, which says that ceteris paribus, prices and quantities demanded change in opposite directions. Today's economists do not accept the law unless definite restrictions hold, and have shown little interest in deciding whether or not these restrictions were satisfied empirically. However, Hildenbrand (1994) has provided a new derivation of the law of aggregate demand and used this theoretical advance to devise a test that may be the (...) first rigorous one ever performed on the law. The paper accounts for Hildenbrand's and, in less detail, his predecessors' contributions within the philosophical framework of Hempel (1965) and Glymour (1980). Its salient result is that economists have accepted the "consequence condition", and rejected the "converse consequence condition", and thus implicitly adhered to a Hempelian- Glymourian view of confirmation and testability. (shrink)

In his two chief works, the Theogony and Works and Days, Hesiod treats the possibility of providence. In the former poem, he considers what sort of god could claim to gives human beings guidance. After arriving at Zeus as the only consistent possibility, Hesiod presents Zeus’ rule as both cosmic and legalistic. In the latter poem, how- ever, Hesiod shows that so long as Zeus is legalistic, his rule is limited cosmically to the human being. Ultimately, Zeus’ rule emerges as (...) more human than cosmic, and thus unable to fulfill the cosmic demands of piety. Hesiod’s presentation thus begs, without thematically posing, the question of how human beings ought to live. Accordingly, Hesiod’s theological analysis, and not his theogony (or, implicit cosmogony or cosmology), sets the stage for the inquiries of the early Greek philosophers, and so political philosophy as a whole. (shrink)

In this paper I focus on a passage of Plato’s Laws that so far has been the object of little study (V 731d-732b). In the Laws, the origin of all evil is neither an ontological principle, as in the Judaeo-Christian tradition, nor a simple lack of knowledge (àghnoia) or a lack of knowledge combined with the false presumption of knowledge (amathìa). Rather, in this passage amathìa itself is traced back to “excessive self-love” (sphòdra heautoû philìa). I show that (...) this “excess” has a specific “anthropological” relevance, because it is not limited to the intellectual sphere or to the will, but directly concerns the human way of loving. The thesis that I argue for in this paper is that this “excess” is a possibility implicit in the human being qua àplestos, and should therefore be interpreted in an “anthropological” sense: it does not indicate a simple “lack” of balance, but rather a possibility and a risk to which humans expose themselves when they exceed the homeostatic balance of needs typical of non-human animals. Finally, I trace the various steps of this “anthropology of excess” back to its origin: the image of the leaky jar found in the Gorgias. (shrink)

Commercial lawyers working across borders know that globalization has changed commercial law. To think of commercial law as only the law of states is to have an inadequate understanding of the norms governing commercial transactions. Some have argued for a transnational conception of commercial law, but their grounds of justification have been unpersuasive, often grounded on claims about the common content among national legal systems. Legal positivism is a rich literature on the concept of a legal system and the validity (...) conditions for rules in legal systems, but it has not been used to understand legal order outside or beyond the state. This article aims to use legal positivism to conceptualize a transnational commercial law order. Prevailing positivist accounts at least implicitly condition legal order on state sovereignty. The article offers a cosmopolitan conception of legal positivism, in which the state is no longer an enabling condition for law. The cosmopolitan conception provides the means by which to adequately describe a transnational commercial law order. There are limits to the conceptual analysis this article provides, one of which is that it does not purport to evaluate the justice or morality of transnational legal order. But the cosmopolitan conception of legal positivism elucidated in this article stands on its own as a way of understanding a number of transnational legal orders other than commercial law. The attractiveness of the account is that it describes law as a human social practice even when it is not solely the product of the state, so that we do not have to rely on natural law theories to understand legal rules that states do not maintain. (shrink)

Recent work in the behavioral sciences asserts that we are subject to a variety of cognitive biases. For example, we mourn losses more than we prize equivalently sized gains; we are more inclined to believe something if it matches our previous beliefs; and we even relate more warmly or coldly to others depending on whether the coffee cup we are holding is warm or cold. Drawing on this work, case law and legal scholarship have asserted that we have reason to (...) select legal norms, or revise existing norms, so as to eliminate the influence of these and other cognitive biases. -/- In this Article, I critically evaluate whether and when this reaction is warranted. I begin by contrasting predominantly descriptive definitions of bias, on which bias is merely deviation from a predictive model, with prescriptive definition of bias, on which biased conduct is conduct that actors ought not do. I then similarly contrast the behavioral-scientific concepts of statistical significance and effect size with the concept of significance required to justify legal conclusions. -/- With this apparatus in place, I go on to consider a variety of examples where legal commentators and decisionmakers have worried about the effects of cognitive bias on law. I argue that many of these cognitive biases (for example, our aversion to losses), while reflecting deviations from behavioral scientists’ models of human behavior, are not normatively objectionable and so give us no reason to revise our legal norms to eliminate their effect. Others (e.g., the effect of judges’ hunger on their decisionmaking), however, constitute biases under both descriptive and prescriptive definitions and therefore give us good reason to revise our legal norms. -/- I conclude by contrasting my conclusion — that evaluation of cognitive biases’ legal significance must explicitly evaluate the normative arguments for and against the model of decisionmaking in question on a case-by-case basis — with the arguments of influential scientists and legal commentators like Daniel Kahneman and John Mikhail, who treat cognitive heuristics and biases as more broadly desirable or objectionable. (shrink)

We draw attention to a series of implicit assumptions that have structured the debate about Frege’s Puzzle. Once these assumptions are made explicit, we rely on them to show that if one focuses exclusively on the issues raised by Frege cases, then one obtains a powerful consideration against a fine-grained conception of propositional-attitude content. In light of this consideration, a form of Russellianism about content becomes viable.

The idea of permit trading in the United States can be traced as far back as the 1970s, but emissions trading has really only became a popular and exportable idea with the more recent demands that environmental protection acknowledge economic pressures through such ideas as sustainable development. Now the idea of emissions trading has caught on in South America, China and Europe as well. Yet in the eagerness of governments and industry to work out the technical details and legal mechanics (...) of the emissions trading tool, insufficient attention has been paid to its underlying legal and ethical assumptions. In this article, it is emphasized that emissions trading is a part of compliance with environmental law, not a market alternative to compliance. The difference between the two greatly effects and is affected by theories of rights. As part of the scheme of rights and accompanying duties, the author questions whether an implicit right to pollute has been created through emissions trading, as exemplified by the comparison of the systems in the U.S., China and Europe. (shrink)

Kant argues that it is only as citizens of a properly constituted state that persons are able to respect one another’s innate right to freedom, for joint subjection to the authority of a state enables them to avoid what Kantians call “the problem of unilateralism”: when I interact with you in a state of nature according to my judgment of right in circumstances of disagreement between us, I implicitly claim that my judgment, and not yours, has authority over us simply (...) because it is mine. But this argument seems vulnerable to a powerful objection: my reason for acting on my judgment of right is not that it is mine but rather that it is, as I believe, correct, and so there is no sense in which I am claiming special authority for that judgment. This paper defends the Kantian problem of unilateralism against this objection and, in so doing, illuminates the feature of the Kantian conception of right that accounts for why, no matter how good and right-loving they might be, persons in a state of nature about right are unable coherently to pursue the aim of acting rightly. (shrink)

The principle of nemo iudex in causa sua is central to John Locke’s social contract theory: the state is justified largely due to the human need for an impartial system of criminal justice. In contemporary Anglo-American legal practice, the value of impartiality in criminal justice is accepted uncritically. At the same time, advocates of restorative justice frequently make reference to a crime victim’s right to have his or her voice heard in the criminal justice process without regard for impartiality as (...) potentially being morally valuable. In this article, I challenge the central place of impartiality in criminal justice on the grounds that it leads to a setup ill-suited to moral psychology. Though restorative justice advocates are not principled in their implicit rejection of impartiality and the nemo iudex principle, their preferred method of criminal justice conduces to crime victims’ being good judges in their own case. (shrink)

This paper shows that implicit assumptions about the numeraire good in the Kaldor-Hicks efficiency-equity analysis involve a "same-yardstick" fallacy (a fallacy pointed out by Paul Samuelson in another context). These results have negative implications for cost-benefit analysis, the wealth-maximization approach to law and economics, and other parts of applied welfare economics--as well as for the whole vision of economics based on the "production and distribution of social wealth.".

The summer of 2020 witnessed perhaps the largest protests in American history in response to police and vigilante brutality against the black community. New protests are still erupting every time another suppressed video, such as of Daniel Prude, surfaces, or another killing, such as Breonna Taylor’s, goes unpunished. As communities demand meaningful reform, the point – or pointlessness – of “implicit bias training” takes on renewed urgency. Implicit bias trainings aim to raise awareness about the unwitting or unwilling (...) prejudices and stereotypes that shape our habits of thinking, feeling, and navigating through the social world. These trainings have been widely adopted by businesses, schools, and law enforcement agencies. Do they make any difference? -/- Although I conduct implicit bias trainings myself (including for courts, judges, police, and attorneys), I share many critics’ concerns. Many trainings are too brief and oversimple, and too often their real function is to permit organisations to “check a box” to protect against litigation, rather than to spark real change. But “implicit bias training” is just another way of saying “education about implicit bias,” and, like all kinds of education, it can be done well or poorly. If implicit bias is one important piece of a large and complex puzzle, then education about it – when done right – should have a meaningful role to play in helping us understand ongoing inequities and enact reforms. (shrink)

Why does social injustice exist? What role, if any, do implicit biases play in the perpetuation of social inequalities? Individualistic approaches to these questions explain social injustice as the result of individuals’ preferences, beliefs, and choices. For example, they explain racial injustice as the result of individuals acting on racial stereotypes and prejudices. In contrast, structural approaches explain social injustice in terms of beyond-the-individual features, including laws, institutions, city layouts, and social norms. Often these two approaches are seen (...) as competitors. Framing them as competitors suggests that only one approach can win and that the loser offers worse explanations of injustice. In this essay, we explore each approach and compare them. Using implicit bias as an example, we argue that the relationship between individualistic and structural approaches is more complicated than it may first seem. Moreover, we contend that each approach has its place in analyses of injustice and raise the possibility that they can work together—synergistically—to produce deeper explanations of social injustice. If so, the approaches may be complementary, rather than competing. (shrink)

In this paper, we develop a novel response to counterfactual scepticism, the thesis that most ordinary counterfactual claims are false. In the process we aim to shed light on the relationship between debates in the philosophy of science and debates concerning the semantics and pragmatics of counterfactuals. We argue that science is concerned with many domains of inquiry, each with its own characteristic entities and regularities; moreover, statements of scientific law often include an implicit ceteris paribus clause that restricts (...) the scope of the associated regularity to circumstances that are ‘fitting’ to the domain in question. This observation reveals a way of responding to scepticism while, at the same time, doing justice both to the role of counterfactuals in science and to the complexities inherent in ordinary counterfactual discourse and reasoning. (shrink)

Resumen: Una de las formas más comunes y menos estudiadas de parcialidad judicial subjetiva es la disminución de la credibilidad otorgada a un testigo debido a un prejuicio identitario implícito del agente judicial. En la epistemología social, este fenómeno ha sido estudiado bajo la rúbrica de la injusticia testimonial. En este ensayo mostramos que para determinar la ocurrencia de un caso de injusticia testimonial en el derecho se deben cumplir tres condiciones que son imposibles de verificar empíricamente y que están (...) basadas en presupuestos psicológicos que han sido puestos en duda en años recientes. Sin la posibilidad de verificar estas condiciones, estamos frente a un tipo de parcialidad judicial indetectable. En su lugar, ofrecemos una nueva forma de entender la injusticia testimonial en el derecho como un fenómeno más general que describe una tendencia comportamental prejuiciosa recurrente por parte de un agente judicial. Entendida de este modo, la injusticia testimonial es completamente verificable. -/- Abstract: One of the most common and least studied forms of subjective judicial partiality is the credibility deficit suffered by a witness due to an implicit identity prejudice in a judicial agent. Social epistemologists have studied this form of partiality under the rubric, “testimonial injustice.” In this essay we argue that to verify the occurrence of a singular instance of testimonial injustice in law three facts must be established, none of which can be established with any degree of confidence. Furthermore, all of them are based on psychological suppositions that have been recently discredited. Without the possibility of establishing these facts, we end up with an undetectable form of subjective judicial partiality. In its place, we offer a new way of understanding testimonial injustice in law as a general phenomenon that describes a recurrent pattern of prejudiced behavior in a judicial agent. Under this characterization, testimonial injustice becomes empirically verifiable. (shrink)

Traditionally, consistency is the only criterion for the quality of a theory in logic-based approaches to reasoning about actions. This work goes beyond that and contributes to the metatheory of actions by investigating what other properties a good domain description should have. We state some metatheoretical postulates concerning this sore spot. When all postulates are satisfied we call the action theory modular. Besides being easier to understand and more elaboration tolerant in McCarthy’s sense, modular theories have interesting properties. We point (...) out the problems that arise when the postulates about modularity are violated, and propose algorithmic checks that can help the designer of an action theory to overcome them. (shrink)

Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...) injustice but have usually taken such evidence to warrant reform but not outright abolition. We argue that the racial discrimination at issue flows in significant part from implicit biases concerning race, criminality, and violence, which do not fit comfortably within the picture of racial bias advanced by the courts. The case for abolition, we contend, rests on Black Americans as a class (not merely those who interact with the criminal justice system as capital defendants or as murder victims) being subject to such bias and thereby not being accorded equal status under the law. (shrink)

In spite of his post-World War II works on international law, which seems more purely juridical, Hans Kelsen continues to put forward in his vast body of work an implicit – and sometimes even explicit – juridical objectivism and pacifism. Especially before and during the second World War he makes – by means of many moral-political writings – an effort for a more effective assurance of international peace. The fact that Kelsen regards the law as the pre-eminent means to (...) achieve the end of peace, is – in view of the tradition running from Hobbes to Kant – still not very innovating. But the primary and central role he assigns to the judiciary in order to guarantee international peace is on the other hand really original. To bring out Kelsen’s juridical objectivism and pacifism, I restrict myself in this article to his plea before and during the second World War for the judicial primacy in the international legal order. In that plea, which is spread over many writings and founded by several arguments, I distinguish however three main convincing arguments – namely an evolutionary, a technical and a moral-political argument – for the establishment of an international court with compulsory jurisdiction as the ‘guardian of international peace’. The fact that Kelsen’s original plea is still relevant to our times, is already evident from the post-World War II UN-system of peace-enforcement, which still functions little satisfactorily and of which the existing plans of reform go no further than strengthening the position of the Security Council, the current hardly effective ‘maintainer of world peace’. (shrink)

Taking as starting point Kuhn’s analysis of science textbooks and its application to Sinnott and Dunn’s (1925), it will be discussed the problem of the existence of laws in biology. In particular, it will be showed, in accordance with the proposals of Darden (1991) and Schaffner (1980, 1986, 1993), the relevance of the exemplars, diagrammatically or graphically represented, in the way in which is carried out the teaching and learning process of classical genetics, inasmuch as the information contained in (...) them, indispensable for the right development of that process, exceeds the information contained in the “laws” linguistically articulated and presented in the textbooks. However, it will be maintained that the information is implicit in the law that according to the structuralist concept of fundamental law and the reconstruction of genetics presented by Balzer & Dawe (1990), and later developed by Balzer & Lorenzano (1997) and Lorenzano (1995, 2000, 2002a) could be considered the fundamental law of classical genetics,the law of matching, clearly identified in this paper. (shrink)

Alongside science and law, argumentation is also of central importance in everyday life. But what characterizes a good argument? This question has occupied philosophers and psychologists for centuries. The theory of Bayesian argumentation is particularly suitable for clarifying it, because it allows us to take into account in a natural way the role of uncertainty, which is central to much argumentation. Moreover, it offers the possibility of measuring the strength of an argument in probabilistic terms. One way to do this, (...) implicit in much work, is to identify the strength of an argument with the degree to which the premises of the argument confirm the conclusion. We criticize this prima facie plausible proposal and suggest instead that the strength of an argument has something to do with how much the premises and the conclusion of the argument cohere with each other. This leads to a new probabilistic measure whose properties we examine in more detail. (shrink)

How, if at all, consciousness can be part of the physical universe remains a baffling problem. This article outlines a new, developing philosophical theory of how it could do so, and offers a preliminary mathematical formulation of a physical grounding for key aspects of the theory. Because the philosophical side has radical elements, so does the physical-theory side. The philosophical side is radical, first, in proposing that the productivity or dynamism in the universe that many believe to be responsible for (...) its systematic regularities is actually itself a physical constituent of the universe, along with more familiar entities. Indeed, it proposes that instances of dynamism can themselves take part in physical interactions with other entities, this interaction then being “meta-dynamism” (a type of meta-causation). Secondly, the theory is radical, and unique, in arguing that consciousness is necessarily partly constituted of meta-dynamic auto-sensitivity, in other words it must react via meta-dynamism to its own dynamism, and also in conjecturing that some specific form of this sensitivity is sufficient for and indeed constitutive of consciousness. The article proposes a way for physical laws to be modified to accommodate meta-dynamism, via the radical step of including elements that explicitly refer to dynamism itself. Additionally, laws become, explicitly, temporally non-local in referring directly to quantity values holding at times prior to a given instant of application of the law. The approach therefore implicitly brings in considerations about what information determines states. Because of the temporal non-locality, and also because of the deep connections between dynamism and time-flow, the approach also implicitly connects to the topic of entropy insofar as this is related to time. (shrink)

En un libro reciente McShea y Brandon defienden que la diversidad y la complejidad de la vida se explican, principalmente, por la acción de un principio que llaman “la ley evolutiva de fuerzas cero” o “ZFEL”. Tal principio actuaría de un modo implícito por detrás de muchas explicaciones de la biología, pero nunca habría sido explicitado. Asumiendo que esta idea es interesante, y que los autores en cuestión tienen razón, discutiremos el modo metateórico en que presentan dicho principio, como siendo (...) parte de la teoría de la probabilidad. Esto permite a los autores afirmar que la teoría de la probabilidad brindaría la base reductiva para toda la biología evolutiva (dado que consideran que otros principios, como el de selección natural, también serían parte de la teoría de la probabilidad). Defenderemos que, efectivamente, ZFEL no es propio de la biología únicamente, pero no por formar parte de la teoría de la probabilidad, sino por tratarse de una versión específica del principio de causa común. -/- In a recent book, McShea and Brandon argue that the observed diversity and complexity of life are explainable by a principle they call the “zero-force evolutionary law” or “ZFEL”. Although this principle would be implicit in many explanations given by biologists, it would have never been made explicit. Assuming that this idea is interesting, and that the authors are right, we will discuss the metatheoretical way in which they present said principle, as being a part of probability theory. This allows the authors to claim that probability theory provides the reductive basis for all evolutionary biology. We will defend, in accordance with them, that ZFEL is not a solely biological principle, but not because it is a part of probability theory, but rather because it is a specific version of the principle of common cause. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

Hume’s chapter “Of Miracles” has been widely discussed, and one issue is that Hume seems to simply beg the question. Hume has a strong but implicit naturalist bias when he argues against the existence of reliable testimony for miracles. In this article, I explain that Hume begs the question, despite what he says about the possibility of miracles occurring. e main point is that he never describes a violation of the laws of nature that could not be explained (...) by scientific theories. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

Francisco Suarez was a Spanish Jesuit scholastic who wrote extensively on theology, metaphysics, law, and politics at the turn of the 17th century. Highly regarded, he has remained influential until the present. This paper will focus on his theories of popular sovereignty and resistance that were so implicitly influential during the early modern period and into the Enlightenment. The clear evolution from the political thinking of Plato through the Aristotelian-Thomistic school is shown to evolve into Suarez’s as a result of (...) two factors: the universalization of natural law, and the greater emphasis placed on the individual as an independent subject. These two factors combined to subrogate the concession of authority to the people, now considered sovereign as a political body. This understanding enabled to Suarez develop a coherent resistance theory, showing in an objective non-sectarian way that political stability and legitimacy could be maintained if the deposition of a tyrannical monarch proved necessary. (shrink)

According to the Public Justification Principle, legitimate laws must be justifiable to all reasonable citizens. Proponents of this principle assume that its satisfaction requires speakers to offer justifications that are representable as arguments that feature premises which reasonable listeners would accept. I develop the concept of dark knowledge to show that this assumption is false. Laws are often justified on the basis of premises that many reasonable listeners know, even though they would reject these premises on the basis (...) of the further considerations that speakers implicitly rely on for their support. Accommodating the fact of dark knowledge requires us to consider the civic virtue of speakers to be more important for public justification than the acceptability of their arguments to reasonable citizens. I sketch an alternative conception of public justification that incorporates these results and argue that it provides a rationale for ignoring the otherwise sound contributions of some participants in political deliberation. (shrink)

The advance of mechanism in science and philosophy in the 17th century created a great interest to machines or automata. Leibniz was no exception - in an early memoir Drôle de pensée he wrote admiringly about a machine that could walk on water, exhibited in Paris. The idea of automatic processing in general had a large role in his thought, as can be seen, for example, in his invention of the binary code and the so-called Calculemus!-model for solving controversies. In (...) metaphysics, the idea of an automata was expressed most clearly in the 1695 article New System of the Nature of Substances and their Communication, and the ensuing correspondence with, among others, Foucher, Bayle, Lamy, Jaquelot and Masham. In the article Leibniz discusses the soul as a spiritual machine in the context of pre-established harmony, arguing that God can "give to a substance at the outset a nature or internal force which could produce in it an orderly way (as in spiritual or formal automaton; but a free one, in the case of a substance which is endowed with a share of reason) everything that is going to happen to it, that is to say, all the appearances or expressions it is going to have, and all without the help of any created thing." The basic idea of Leibniz's spiritual machine is that the soul or entelechy is an autonomous and spontaneous unity, consisting of internal active force and producing its own perceptions (both confused and distinct). It is a self-moving machine, driven by its perceptions and appetites, but it follows (without being conscious of it) a lawful series or programme created by God. The entelechy remains the same despite undergoing an infinite number of changes. To Foucher he explained that each state of the individual substance is a consequence of its preceding one, "as if there were only God and the substance in the world". Despite this, the spiritual machine is related not only to God, but through the pre-established harmony to bodies or natural machines. However, as it is not dependent on them, the spiritual machine is superiot to natural machines. In this paper I concentrate on three moral themes related to the spiritual machine: moral deliberation, moral identity and the goal of moral action. All these themes are more or less implicit in the New System, but are discussed in more detail in the ensuing correspondence after the publication of the article. Finally, the themes are given an extended discussion especially in the second book of New Essays on Human Understanding (1704, published 1765), written partly at the same time as some of the correspondence and unpublished related material. I will first give an overview of Leibniz's position concerning the spiritual machine or automaton in the New System and then go on to explore the three moral themes one by one, as they feature in the subsequent correspondence and in the New Essays. I will show that the three topics are essential to the function of the spiritual machine – to Sophie Charlotte Leibniz wrote: "...let us say that everything in bodies happens mechanically, or in accordance with laws of motion, and that everything in the soul happens morally, or in accordance with perceived good or evil." There are many texts that anticipate the views in the New System (notably the unpublished memoir De Affectibus of 1679) and Leibniz continued to discuss its themes later on (in addition to correpondence, for example, in Theodicy of 1710 and Monadology and Principles of Nature and Grace of 1714). Here I focus on the short-term development of Leibniz's views on the topic (around 1695-1705), but I argue that his basic view of the spiritual machine did not change much after finishing the dialogue with Locke in 1704. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with two (...) observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

Where Humeans rule out the possibility of material or non-logical necessity, and thus of any associated knowledge a priori, the German legal philosopher Adolf Reinach defends the existence of a wide class of material necessities falling within the domain of what can be known a priori, for example in fields such as color and shape, rational psychology, law and economics. Categories such as promise or claim or obligation are, in Reinach’s view, exist as nodes in a system of necessary relations, (...) so that anyone who has experience of relevant instances of these categories is implicitly aware also of a corresponding family of relations to certain other categories – as for example that every promise implies a mutually correlated claim and obligation. Midway between the two extremes of Hume and Reinach stands Searle, who accepts necessary relations of the mentioned sorts, but sees them as human creations, following from ‘constitutive rules’ analogous to the rules of chess. We seek to demonstrate that Searle does not occupy a stable and acceptable half-way house between Hume and Reinach; that he, too, if he is to do justice to the very constitutive rules which form the center of his approach, must on pain of circularity embrace something like the Reinachian position. (shrink)

Since the time of Aristotle's students, interpreters have considered Prior Analytics to be a treatise about deductive reasoning, more generally, about methods of determining the validity and invalidity of premise-conclusion arguments. People studied Prior Analytics in order to learn more about deductive reasoning and to improve their own reasoning skills. These interpreters understood Aristotle to be focusing on two epistemic processes: first, the process of establishing knowledge that a conclusion follows necessarily from a set of premises (that is, on the (...) epistemic process of extracting information implicit in explicitly given information) and, second, the process of establishing knowledge that a conclusion does not follow. Despite the overwhelming tendency to interpret the syllogistic as formal epistemology, it was not until the early 1970s that it occurred to anyone to think that Aristotle may have developed a theory of deductive reasoning with a well worked-out system of deductions comparable in rigor and precision with systems such as propositional logic or equational logic familiar from mathematical logic. When modern logicians in the 1920s and 1930s first turned their attention to the problem of understanding Aristotle's contribution to logic in modern terms, they were guided both by the Frege-Russell conception of logic as formal ontology and at the same time by a desire to protect Aristotle from possible charges of psychologism. They thought they saw Aristotle applying the informal axiomatic method to formal ontology, not as making the first steps into formal epistemology. They did not notice Aristotle's description of deductive reasoning. Ironically, the formal axiomatic method (in which one explicitly presents not merely the substantive axioms but also the deductive processes used to derive theorems from the axioms) is incipient in Aristotle's presentation. Partly in opposition to the axiomatic, ontically-oriented approach to Aristotle's logic and partly as a result of attempting to increase the degree of fit between interpretation and text, logicians in the 1970s working independently came to remarkably similar conclusions to the effect that Aristotle indeed had produced the first system of formal deductions. They concluded that Aristotle had analyzed the process of deduction and that his achievement included a semantically complete system of natural deductions including both direct and indirect deductions. Where the interpretations of the 1920s and 1930s attribute to Aristotle a system of propositions organized deductively, the interpretations of the 1970s attribute to Aristotle a system of deductions, or extended deductive discourses, organized epistemically. The logicians of the 1920s and 1930s take Aristotle to be deducing laws of logic from axiomatic origins; the logicians of the 1970s take Aristotle to be describing the process of deduction and in particular to be describing deductions themselves, both those deductions that are proofs based on axiomatic premises and those deductions that, though deductively cogent, do not establish the truth of the conclusion but only that the conclusion is implied by the premise-set. Thus, two very different and opposed interpretations had emerged, interestingly both products of modern logicians equipped with the theoretical apparatus of mathematical logic. The issue at stake between these two interpretations is the historical question of Aristotle's place in the history of logic and of his orientation in philosophy of logic. This paper affirms Aristotle's place as the founder of logic taken as formal epistemology, including the study of deductive reasoning. A by-product of this study of Aristotle's accomplishments in logic is a clarification of a distinction implicit in discourses among logicians--that between logic as formal ontology and logic as formal epistemology. (shrink)

The reconstruction of Leibniz’s metaphysics that Deleuze undertakes in The Fold provides a systematic account of the structure of Leibniz’s metaphysics in terms of its mathematical foundations. However, in doing so, Deleuze draws not only upon the mathematics developed by Leibniz—including the law of continuity as reflected in the calculus of infinite series and the infinitesimal calculus—but also upon developments in mathematics made by a number of Leibniz’s contemporaries—including Newton’s method of fluxions. He also draws upon a number of subsequent (...) developments in mathematics, the rudiments of which can be more or less located in Leibniz’s own work—including the theory of functions and singularities, the Weierstrassian theory of analytic continuity, and Poincaré’s theory of automorphic functions. Deleuze then retrospectively maps these developments back onto the structure of Leibniz’s metaphysics. While the Weierstrassian theory of analytic continuity serves to clarify Leibniz’s work, Poincaré’s theory of automorphic functions offers a solution to overcome and extend the limits that Deleuze identifies in Leibniz’s metaphysics. Deleuze brings this elaborate conjunction of material together in order to set up a mathematical idealization of the system that he considers to be implicit in Leibniz’s work. The result is a thoroughly mathematical explication of the structure of Leibniz’s metaphysics. This essay is an exposition of the very mathematical underpinnings of this Deleuzian account of the structure of Leibniz’s metaphysics, which, I maintain, subtends the entire text of The Fold. (shrink)

Readers assume that commonplace properties of the real world also hold in realistic fiction. They believe, for example, that the usual physical laws continue to apply. But controversy exists in theories of fiction about whether real individuals exist in the story’s world. Does Queen Victoria exist in the world of Jane Eyre, even though Victoria is not mentioned in it? The experiments we report here find that when participants are prompted to consider the world of a fictional individual (“Consider (...) the world of Jane Eyre…”), they are willing to say that a real individual (e.g., Queen Victoria) can exist in the same world. But when participants are prompted to consider the world of a real individual, they are less willing to say that a fictional individual can exist in that world. The asymmetry occurs when we ask participants both if a real person is in the character’s world and if the person would appear there. However, the effect is subject to spatial and temporal constraints. When the person and the character share spatial and temporal settings, interchange is more likely to occur. These results shed light on the author’s implicit contract with the reader, which can license the reader to augment a fictional world with features that the author only implicates as part of the work’s background. (shrink)

Most scientists would hold that science has not established that the cosmos is physically comprehensible – i.e. such that there is some as-yet undiscovered true physical theory of everything that is unified. This is an empirically untestable, or metaphysical thesis. It thus lies beyond the scope of science. Only when physics has formulated a testable unified theory of everything which has been amply corroborated empirically will science be in a position to declare that it has established that the cosmos is (...) physically comprehensible. But this argument presupposes a widely accepted but untenable conception of science which I shall call standard empiricism. According to standard empiricism, in science theories are accepted solely on the basis of evidence. Choice of theory may be influenced for a time by considerations of simplicity, unity, or explanatory capacity, but not in such a way that the universe itself is permanently assumed to be simple, unified or physically comprehensible. In science, no thesis about the universe can be accepted permanently as a part of scientific knowledge independently of evidence. Granted this view, it is clear that science cannot have established that the universe is physically comprehensible. Standard empiricism is, however, as I have indicated, untenable. Any fundamental physical theory, in order to be accepted as a part of theoretical scientific knowledge, must satisfy two criteria. It must be sufficiently empirically successful, and sufficiently unified. Given any accepted theory of physics, endlessly many empirically more successful disunified rivals can always be concocted – disunified because they assert that different dynamical laws govern the diverse phenomena to which the theory applies. These disunified rivals are not considered for a moment in physics, despite their greater empirical success. This persistent rejection of empirically more successful but disunified rival theories means, I argue, that a big, highly problematic, implicit assumption is made by science about the cosmos, to the effect, at least, that the cosmos is such that all seriously disunified theories are false. Once this point is recognized, it becomes clear, I argue, that we need a new conception of science which makes explicit, and so criticizable and improvable the big, influential, and problematic assumption that is at present implicit in physics in the persistent preference for unified theories. This conception of science, which I call aim-oriented empiricism, represents the assumption of physics in the form of a hierarchy of assumptions. As one goes up the hierarchy, the assumptions become less and less substantial, and more and more nearly such that their truth is required for science, or the pursuit of knowledge, to be possible at all. At each level, that assumption is accepted which best accords with the next one up, and has, associated with it the most empirically progressive research programme in physics, or holds out the greatest hope of leading to such an empirically progressive research programme. In this way a framework of relatively insubstantial, unproblematic, fixed assumptions and associated methods is created, high up in the hierarchy, within which much more substantial and problematic assumptions and associated methods, low down in the hierarchy, can be changed, and indeed improved, as scientific knowledge improves. One assumption in this hierarchy of assumptions, I argue, is that the cosmos is physically comprehensible – that is, such that some yet-to-be-discovered unified theory of everything is true. Hence the conclusion: improve our ideas about the nature of science and it becomes apparent that science has already established that the cosmos is physically comprehensible – in so far as science can ever establish anything theoretical. (shrink)

In this paper I argue that Theodor W. Adorno 's philosophy of freedom needs an ontological picture of the world. Adorno does not make his view of natural order explicit, but I suggest it could be neither the chaotic nor the strictly determined ontological images common to idealism and positivism, and that it would have to make intelligible the possibility both of human freedom and of critical social science. I consider two possible candidates, Nancy Cartwright 's ‘patchwork of laws’, (...) and Roy Bhaskar 's critical realism. Arguing that Cartwright 's position conflicts with the spirit of Adorno 's philosophy, I suggest that Bhaskar 's realism is compatible with and to a significant extent implicit in Adorno 's position. Whilst Adorno is clearly not a critical realist, Bhaskar 's position does provide the best overall account of the ontological commitments of Adorno 's critical theory. It becomes possible in turn to locate Bhaskar 's arguments in a broader critical tradition and give fuller expression to the concerns that structure his work, in particular by locating the epistemic fallacy in the narrative account of the natural history of subjective reason and its tendency towards ‘identity thinking ’. The discussion goes on to consider the interdependence of reason, nature and freedom in the idea of emancipatory critique, confirming the deeper affinities between critical realism and critical theory. (shrink)

Sensorimotor enactivism is the view that the content and the sensory modality of perceptual experience are determined by implicit knowledge of lawful regularities between bodily movements and patterns of sensory stimulation. A proponent of the explanatory argument for sensorimotor enactivism holds that this view is able to provide an intelligible explanation for why certain material realizers give rise to certain perceptual experiences, while rival accounts cannot close this “explanatory gap”. However, I argue that the notion of the “material realizer” (...) of perceptual experience is ambiguous. On a narrow construal, the explanatory gap cannot be bridged, not even by enactivism. On a wide construal, enactivism gets a grip on the explanatory gap, but to the same extent do established theories of consciousness. Thus, on both horns of the dilemma, the explanatory power of enactivism is not superior to more traditional theories of conscious experience. (shrink)

Abstract McDowell's contributions to epistemology and philosophy of mind turn centrally on his defense of the Aristotelian concept of a ?rational animal?. I argue here that a clarification of how McDowell uses this concept can make more explicit his distance from Davidson regarding the nature of the minds of non-rational animals. Close examination of his responses to Davidson and to Dennett shows that McDowell is implicitly committed to avoiding the following ?false trichotomy?: that animals are not bearers of semantic content (...) at all, that they are bearers of content in the same sense we are, and that they are bearer of "as if" content. Avoiding the false trichotomy requires that we understand non-rational animals as having concepts but not as making judgments. Furthermore, we need to supplement McDowell's distinction between the logical spaces of reasons and of the realm of law with what Finkelstein calls ?the logical space of animate life?. Though McDowell has taken some recent steps to embrace a view like this, I urge a more demanding conception than what McDowell has thus far suggested. (shrink)

Most scientists would hold that science has not established that the cosmos is physically comprehensible – i.e. such that there is some as-yet undiscovered true physical theory of everything that is unified. This is an empirically untestable, or metaphysical thesis. It thus lies beyond the scope of science. Only when physics has formulated a testable unified theory of everything which has been amply corroborated empirically will science be in a position to declare that it has established that the cosmos is (...) physically comprehensible. But this argument presupposes a widely accepted but untenable conception of science which I shall call standard empiricism. According to standard empiricism, in science theories are accepted solely on the basis of evidence. Choice of theory may be influenced for a time by considerations of simplicity, unity, or explanatory capacity, but not in such a way that the universe itself is permanently assumed to be simple, unified or physically comprehensible. In science, no thesis about the universe can be accepted permanently as a part of scientific knowledge independently of evidence. Granted this view, it is clear that science cannot have established that the universe is physically comprehensible. Standard empiricism is, however, as I have indicated, untenable. Any fundamental physical theory, in order to be accepted as a part of theoretical scientific knowledge, must satisfy two criteria. It must be (1) sufficiently empirically successful, and (2) sufficiently unified. Given any accepted theory of physics, endlessly many empirically more successful disunified rivals can always be concocted – disunified because they assert that different dynamical laws govern the diverse phenomena to which the theory applies. These disunified rivals are not considered for a moment in physics, despite their greater empirical success. This persistent rejection of empirically more successful but disunified rival theories means, I argue, that a big, highly problematic, implicit assumption is made by science about the cosmos, to the effect, at least, that the cosmos is such that all seriously disunified theories are false. Once this point is recognized, it becomes clear, I argue, that we need a new conception of science which makes explicit, and so criticizable and improvable the big, influential, and problematic assumption that is at present implicit in physics in the persistent preference for unified theories. This conception of science, which I call aim-oriented empiricism, represents the assumption of physics in the form of a hierarchy of assumptions. As one goes up the hierarchy, the assumptions become less and less substantial, and more and more nearly such that their truth is required for science, or the pursuit of knowledge, to be possible at all. At each level, that assumption is accepted which (a) best accords with the next one up, and (b) has, associated with it the most empirically progressive research programme in physics, or holds out the greatest hope of leading to such an empirically progressive research programme. In this way a framework of relatively insubstantial, unproblematic, fixed assumptions and associated methods is created, high up in the hierarchy, within which much more substantial and problematic assumptions and associated methods, low down in the hierarchy, can be changed, and indeed improved, as scientific knowledge improves. One assumption in this hierarchy of assumptions, I argue, is that the cosmos is physically comprehensible – that is, such that some yet-to-be-discovered unified theory of everything is true. Hence the conclusion: improve our ideas about the nature of science and it becomes apparent that science has already established that the cosmos is physically comprehensible – in so far as science can ever establish anything theoretical. (shrink)

In the first ever commentary on the Groundwork, one of Kant’s earliest critics, Gottlob August Tittel, argues that the categorical imperative is not a new principle of morality, but merely a new formula. This objection has been unjustly neglected in the secondary literature, despite the fact that Kant explicitly responds to it in a footnote in the second Critique. In this paper I seek to offer a thorough explanation of both Tittel’s ‘new formula’ objection and Kant’s response to it, as (...) well as illustrate its significance. I argue that the objection is in fact the third step in a line of argument that Tittel presents in his commentary, and that the objection is best understood within this context. I analyze Kant’s response in the second Critique footnote line-by-line so as to show that Kant both clarifies that it was never his aim to offer a new principle, but only ‘establish’ the principle that common human reason already implicitly employs. Furthermore, I show that Kant uses the opportunity to clarify the sense in which the categorical imperative is a ‘formula [Formel]’, namely as a representation of a complicated and abstract principle, like the moral law, in a way that is easier to understand and apply. I conclude by illustrating the fourth step in Tittel’s line of argument, which makes the overall significance of the ‘new formula’ objection clear: for Tittel, the problem is not that Kant seems to be offering merely a new formula, but that the categorical imperative lacks a foundation. (shrink)

Recent successes of systems biology clarified that biological functionality is multilevel. We point out that this fact makes it necessary to revise popular views about macromolecular functions and distinguish between local, physico-chemical and global, biological functions. Our analysis shows that physico-chemical functions are merely tools of biological functionality. This result sheds new light on the origin of cellular life, indicating that in evolutionary history, assignment of biological functions to cellular ingredients plays a crucial role. In this wider picture, even if (...) aggregation of chance mutations of replicator molecules and spontaneously self-assembled proteins led to the formation of a system identical with a living cell in all physical respects but devoid of biological functions, it would remain an inanimate physical system, a pseudo-cell or a zombie-cell but not a viable cell. In the origin of life scenarios, a fundamental circularity arises, since if cells are the minimal units of life, it is apparent that assignments of cellular functions require the presence of cells and vice versa. Resolution of this dilemma requires distinguishing between physico-chemical and biological symbols as well as between physico-chemical and biological information. Our analysis of the concepts of symbol, rule and code suggests that they all rely implicitly on biological laws or principles. We show that the problem is how to establish physico-chemically arbitrary rules assigning biological functions without the presence of living organisms. We propose a solution to that problem with the help of a generalized action principle and biological harnessing of quantum uncertainties. By our proposal, biology is an autonomous science having its own fundamental principle. The biological principle ought not to be regarded as an emergent phenomenon. It can guide chemical evolution towards the biological one, progressively assigning greater complexity and functionality to macromolecules and systems of macromolecules at all levels of organization. This solution explains some perplexing facts and posits a new context for thinking about the problems of the origin of life and mind. (shrink)