In order to fulfil their essential roles as the bearers of truth and the relata of logical relations, propositions must be public and shareable. That requirement has favoured Platonist and other nonmental views of them, despite the well-known problems of Platonism in general. Views that propositions are mental entities have correspondingly fallen out of favour, as they have difficulty in explaining how propositions could have shareable, objective properties. We revive a mentalist view of propositions, inspired by Artificial Intelligence work on (...) perceptual algorithms, which shows how perception causes persistent mental entities with shareable properties that allow them to fulfil the traditional roles of (one core kind of) propositions. The clustering algorithms implemented in perception produce outputs which are (implicit) atomic propositions in different minds. Coordination of them across minds proceeds by game-theoretic processes of communication. The account does not rely on any unexplained notions such as mental content, representation, or correspondence (although those notions are applicable in philosophical analysis of the result). (shrink)

The debate concerning the proper way of understanding, and hence solving, the “is-ought problem” produced two mutually exclusive positions. One position claims that it is entirely impossible to deduce an imperative statement from a set of factual statements. The other position holds a contrary view to the effect that one can naturally derive an imperative statement from a set of factual statements under certain conditions. Although these two positions have opposing views concerning the problem, it should be evident that they (...) both accept that the “is-ought problem” is concerned with the deducibility of imperative statements from factual statements. Later I will argue that this should not be our concern when we try to make sense of the way we reason about morality. (shrink)

This article surveys different philosophical theories about the nature of truth. We give much importance to truth; some demand to know it, some fear it, and others would even die for it. But what exactly is truth? What is its nature? Does it even have a nature in the first place? When do we say that some truth-bearers are true? Philosophers offer varying answers to these questions. In this article, some of these answers are explored and some of the problems (...) raised against them are presented. (shrink)

This paper surveys medieval Christian philosophy.

Panentheism is the position that the world is in some sense ‘in’ God, and God ‘in’ the world, without the world being identical to God. Thus, it tries, like what I call mainstream theism and against pan- theism, to protect the transcendence of God, while giving greater emphasis to his immanence in creation than the former. I aim to explicate an approach that I call Orthodox Panentheism. The word ‘orthodox’ is to be read in two ways. First, the picture is (...) derived from the writings of some of the most important figures in Eastern Christian thought, so that it is Orthodox in the ‘big “O” sense’. Second, I hope to show that it is a legitimate Christian picture of the God–world relation which is both distinctive and worthy of being called ‘panentheism’ – an orthodox panentheism in the ‘little “o” sense’. (shrink)

According to a traditional conception, romantic love is both constant - if someone loves another, they continue to love them - and exclusive - if someone loves another, they love only the other. In this paper, we argue that the essentiality of constancy and exclusivity is incompatible with the possibilities of fission - roughly speaking, of one person becoming two - and fusion - roughly speaking, of two people becoming one. Moreover, if fission or fusion are possible, then constancy and (...) exclusivity are obligatory features of love only if there are moral dilemmas. We conclude by suggesting this casts doubt on the constancy and especially the exclusivity of love. (shrink)

How can we have a sense of the presence of ordinary three-dimensional objects (e.g., an apple on my desk, a partially occluded cat behind a picket fence) when we are only presented with some parts of objects perceived from a particular egocentric viewpoint (e.g., the facing side of the apple, the unoccluded parts of the cat)? This paper presents and defends a novel answer to this question by incorporating insights from two prominent contemporary theories of perception, naïve realism and sensorimotor (...) theory. Naïve realism is the view that perception is fundamentally a matter of obtaining a relation of ‘acquaintance’ with some mind-independent entities (e.g., objects, properties, events). Sensorimotor theory holds that perception involves implicit practical understanding or ‘anticipation’ of the covariance between movements and sensory changes. I argue that perceptual presence is best accounted for in terms of the combination of our direct ‘acquaintance’ with some parts of perceived objects and sensorimotor ‘anticipations’ of how the objects would look different depending on some movements and actions. (shrink)

In “Normativity and Epistemic Intuitions”, Weinberg, Nichols and Stich famously argue from empirical data that East Asians and Westerners have different intuitions about Gettier -style cases. We attempted to replicate their study about the Car case, but failed to detect a cross - cultural difference. Our study used the same methods and case taken verbatim, but sampled an East Asian population 2.5 times greater than NEI’s 23 participants. We found no evidence supporting the existence of cross - cultural difference about (...) the intuition concerning the Gettier car case. Taken together with the failures of both of the existing replication studies, our results provide strong evidence that the purported cross - cultural difference in Gettier intuitions does not exist. (shrink)

With the rapid development of artificial intelligence (AI), understanding its capabilities and limitations has become significant for mitigating unfounded anxiety and unwarranted optimism. As part of this endeavor, this study delves into the following question: Can AI become an expert? More precisely, should society confer the authority of experts on AI even if its decision-making process is highly opaque? Throughout the investigation, I aim to identify certain normative challenges in elevating current AI to a level comparable to that of human (...) experts. First, I will narrow the scope by proposing the definition of an expert. Along the way, three normative components of experts -trust, explainability, and responsibility-will be presented. Subsequently, I will suggest why AI cannot become a trustee, successfully transmit knowledge, or take responsibility. Specifically, the arguments focus on how these factors regulate expert judgments, which are not made in isolation but within complex social connections and spontaneous dialogue. Finally, I will defend the plausibility of the presented criteria in response to a potential objection, the claim that some machine learning-based algorithms, such as AlphaGo, have already been recognized as experts. (shrink)

Considering questions at the intersection of time and fiction deepens our understanding of fiction, introduces new questions for philosophy of time, and brings analytic philosophy in discussion with narratology. Philosophers debate whether fictional time can be tensed, whether fictional time can branch, repeat, pause, rewind, or skip and whether fictional time travel is possible. Much of the way we answer these questions will depend on our overall commitment to the nature of fiction. It’s also unclear what, if anything, we can (...) learn about the metaphysics of time from fiction. This chapter will introduce readers to discussions that are shaping the debates in this domain. (shrink)

It is intuitive to think that fiction is more imaginative or creative than nonfiction, and that creating or engaging with fiction involves the imagination in ways creating or engaging with nonfiction doesn't. However, philosophers debate whether imagination has a special connection to fiction. This chapter will argue that fiction is intimately connected to creativity and that creativity's connection to imagination produces the impression that fiction and imagination also share an intimate connection. The key ingredient of fiction that connects fiction to (...) creativity is fabrication. The chapter will also discuss how an author can produce fiction that is creative in content and form, how readers and critics use imagination in a creative manner when engaging with works, and how metaphysical debates about fiction affect the kind of creativity we may attribute to authors. (shrink)

A chapter in an edited volume discussing philosophy and Ted Chiang's short stories. In this chapter, I show how philosophical debates about imaginative resistance and what can/can't be fictionally true influence our interpretation of "Division by Zero.".

The aims of this book is clear and straightforward. It was motivated to convert an inhumane or insipid experience with the various sources of global ranking into the kind of humanly and cultural experience within our daily lifestyle. Their outlook from presentation is masked with the number purely and perhaps through a myriad of complicated data or ranking information. The concept or self-identification within the experience or exposure would be less substantial or hard to get palpable. My attempt to improve (...) this aspect of contemporary practice certainly will fall short, but you can sense in some paragraphs or titles. I wrote this small piece of book in the end to take care of human integrity and stories for advancing the inherence and liveliness of interested actors or consumers despite all the wind-heads from the turf of existing ranking sources. The idea hopefully might be compatible with brand personification for the people interested in this area of world phenomenon. The structure of book was organized in less complete way, but might look cursory and spontaneous. The dealings obviously are never exhaustive unlike the major commercial providers, rather more akin to the consulting webs primarily in direct contact with the customers. Nevertheless, the ranking results finalized through this book is original in its methodology or in terms of data collection although the presentation is little in scope and mainly suggestive as a kind of ranking philosopher. Given my status as a college professor, it would be an unusual chemistry or brought me to shimmer at some point of meditation on how I could rank fairly and meaningfully. I merely hope that the readership can generously take this attempt as a pilot work or as the kind of post-modern work Avant Gardo or civilization strolls from understanding, criticism. It might be even through a bootstrap with the universal constitutionalism or communicative democracy. The book had been prepared mainly by editing into each section the previous work of articles and flowing through each of my brief pertaining to the purported ranking. Nevertheless, I am presenting an up-to-date elaboration on the graduate or post-graduate study and KIOSK on research doctorates. As followed by section four, the conventional spectrum of global CU rankings was discussed with a new attempt to measure them. Lastly, a reflection and piece of thought were wrought through little pages titled Epilogue at the end of this booklet. (shrink)

Comic is one of the paradigmatic forms of hybrid media, and coming up with a satisfactory definition for it has been difficult. Sam Cowling and Ley Cray (2022) take a functional approach and offer an Intentional Picture-Reading View which defines comics as something that is “aptly intended to be picture-read.” I show that the view is extensionally inadequate as is because formally ambitious prose and concrete poetry, too, are aptly intended to be picture-read. The way forward, I argue, is to (...) look at more medium-specific non-depictive images (such as speech balloons and panels) to set comics apart from other hybrid media. (shrink)

Structural injustice broadly refers to objectionable outcomes produced by generally accepted social structures for members of particular social groups. But theorists of structural injustice have said relatively little about why certain outcomes are objectionable, and many theorists suggestively connect structural injustice to a worry about oppression without explaining their precise normative concerns. I provide a normative analysis of structural injustice that addresses this gap and clarifies its connection to oppression. On this view, there are two kinds of structural injustice, each (...) grounded in a distinct moral concern. One is a freedom-based concern for how social structures harmfully constrain members of a social group, depriving them of the means to develop and exercise their capacities. The other is an equality-based concern for how social structures subordinate a social group to others in hierarchies of power, standing, and esteem. By disentangling these concerns, this account shows that our social structures contain multiple kinds of injustice that do not necessarily travel together; some social groups experience unfreedom without being subordinated to others, and indeed their unfreedom is intertwined with their dominant position over subordinated groups. Furthermore, against prevailing philosophical accounts, this analysis shows that there are good reasons to understand oppression primarily as an issue of inequality rather than an issue of unfreedom. (shrink)

Confucian humility (qian xun 謙遜) is a deeply rooted virtue in East Asian traditions and widely practiced among modern East Asians. Despite its significance, our modern understanding of it remains imperfect, partly due to a prevailing misunderstanding of its true nature under the label of “modesty­bias.” This bias is often cited as a representative trait of East Asian collectivism in social or cultural psychology, leading to a narrow focus on attitudes and behaviors associated with it, with little attention to whether (...) it accurately reflects the historical roots of Confucian humility. This paper aims to highlight the notable differences between attitudes or behaviors related to modesty­bias and traditional Confucian humility, arguing that failing to make this distinction poses a significant obstacle to understanding Confucian humility as a virtue and its contemporary expression. Methodological suggestions are provided on how to conduct interdisciplinary research on Confucian humility, emphasizing the need to recognize and address the prejudice associated with modesty­bias. Such an interdisciplinary approach can also help discern modern attitudes or behaviors rooted in Confucian humility and shed new light on the continuing relevance of this traditional virtue in contemporary East Asian society. (shrink)

An observation of Hume’s has received a lot of attention over the last decade and a half: Although we can standardly imagine the most implausible scenarios, we encounter resistance when imagining propositions at odds with established moral (or perhaps more generally evaluative) convictions. The literature is ripe with ‘solutions’ to this so-called ‘Puzzle of Imaginative Resistance’. Few, however, question the plausibility of the empirical assumption at the heart of the puzzle. In this paper, we explore empirically whether the difficulty we (...) witness in imagining certain propositions is indeed due to claim type (evaluative v. non-evaluative) or whether it is much rather driven by mundane features of content. Our findings suggest that claim type plays but a marginal role, and that there might hence not be much of a ‘puzzle’ to be solved. (shrink)

Objective correlates—behavioral, functional, and neural—provide essential tools for the scientific study of consciousness. But reliance on these correlates should not lead to the ‘fallacy of misplaced objectivity’: the assumption that only objective properties should and can be accounted for objectively through science. Instead, what needs to be explained scientifically is what experience is intrinsically— its subjective properties—not just what we can do with it extrinsically. And it must be explained; otherwise the way experience feels would turn out to be magical (...) rather than physical. We argue that it is possible to account for subjective properties objectively once we move beyond cognitive functions and realize what experience is and how it is structured. Drawing on integrated information theory, we show how an objective science of the subjective can account, in strictly physical terms, for both the essential properties of every experience and the specific properties that make particular experiences feel the way they do. (shrink)

Xenophobia is conceptually distinct from racism. Xenophobia is also distinct from nativism. Furthermore, theories of racism are largely ensconced in nationalized narratives of racism, often influenced by the black-white binary, which obscures xenophobia and shelters it from normative critiques. This paper addresses these claims, arguing for the first and last, and outlining the second. Just as philosophers have recently analyzed the concept of racism, clarifying it and pinpointing why it’s immoral and the extent of its moral harm, so we will (...) analyze xenophobia and offer a pluralist account of xenophobia, with important implications for racism. This analysis is guided by the discussion of racism in recent moral philosophy, social ontology, and research in the psychology of racism and implicit attitudes. (shrink)

Part of a book symposium for Peter Langland-Hassan's Explaining Imagination (2020).

Imagination comes with varying degrees of sensory accompaniment. Sometimes imagining is phenomenologically lean (cognitive imagining); at other times, imagining involves or requires sensory presentation such as mental imagery (sensory imagining). Philosophers debate whether contradictions can obtain in fiction and whether cognitive imagining is robust enough to explain our engagement with fiction. In this paper, I defend the Principle of Poetic License by arguing for the Permissive View of fictional truth: we can have fictions in which a contradiction is true, everything (...) is true, or nothing is true. I show that imagination-based worries about impossible, unlimited, and empty fictions can be shown to be about sensory imagination and that sensory imagination isn’t necessary for fictional truth. (shrink)

In this article, I aim to do two things: first, introduce Juche, the official philosophy of the Democratic People’s Republic of Korea (“North Korea”), and second, defend Juche against Alzo David-West’s allegation that it is a nonsensical philosophy. I organize David-West’s complaints into two major strands—that Juche’s axiom is too vague to be of philosophical use and that Juche makes too stark a distinction between human vs. everything else—and offer responses to both strands. My goal isn’t to defend the regime, (...) but to present its ideology in the most charitable way so its merits and demerits can be seen more clearly in future engagements. (shrink)

This article addresses the exclusivism–inclusivism debate about religious reasons in law within a justificatory liberal framework. The question of whether religious reasons have justificatory capacity for attaining public justification has increasingly been seen as a matter of how public justification is understood between two rival models: the consensus model being aligned with exclusivism, the convergence model with inclusivism. More recently, however, that alignment has been challenged with attempts to show that consensus can reach an equivalent degree of inclusivism as convergence. (...) Against this, I contend that the purported equivalence is misplaced. First, I identify a crucial ambiguity about public justification and two corresponding domains. Upon demonstrating these to be mutually independent and severable, I conclude that the moves to equalize the models are confined within the more narrow domain while, in the more fundamental domain, the choice of model continues to prove determinative as to the exclusivist or inclusivist valence of justificatory liberalism. (shrink)

Philosophical orthodoxy holds that pains are mental states, taking this to reflect the ordinary conception of pain. Despite this, evidence is mounting that English speakers do not tend to conceptualize pains in this way; rather, they tend to treat pains as being bodily states. We hypothesize that this is driven by two primary factors—the phenomenology of feeling pains and the surface grammar of pain reports. There is reason to expect that neither of these factors is culturally specific, however, and thus (...) reason to expect that the empirical findings for English speakers will generalize to other cultures and other languages. In this article we begin to test this hypothesis, reporting the results of two cross-cultural studies comparing judgments about the location of referred pains between two groups—Americans and South Koreans—that we might otherwise expect to differ in how they understand pains. In line with our predictions, we find that both groups tend to conceive of pains as bodily states. (shrink)

Many liberal egalitarians argue that workers today are subjected to the authority of their bosses and that justice demands that the employment relationship be reformed. But why? What is unjust is not subjection to authority as such but subjection without adequate justification. In this article, I argue that the justificatory demand raised by subjection to workplace authority has not been well understood, primarily because the nature of the subjection itself has been misunderstood. According to the standard view, workplace subjection consists (...) in the fact that managers issue orders backed by sanctions. I challenge this view by reconstructing the libertarian-economic theory of the firm, which construes managerial authority simply as a division of labor. I propose an alternative account, according to which workplace subjection consists in living under a society-wide arrangement that compels most workers to work under a boss. My argument reorients theorizing about justice at work from a narrow focus on corporate governance towards a broader theory of a just social system, incorporating the role of the state, class, the power of investors, and the social purpose of labor. (shrink)

Keith DeRose has argued that the two main problems facing subject-sensitive invariantism come from the appropriateness of certain third-person denials of knowledge and the inappropriateness of now you know it, now you don't claims. I argue that proponents of SSI can adequately address both problems. First, I argue that the debate between contextualism and SSI has failed to account for an important pragmatic feature of third-person denials of knowledge. Appealing to these pragmatic features, I show that straightforward third-person denials are (...) inappropriate in the relevant cases. And while there are certain denials that are appropriate, they pose no problems for SSI. Next, I offer an explanation, compatible with SSI, of the oddity of now you know it, now you don't claims. To conclude, I discuss the intuitiveness of purism, whose rejection is the source of many problems for SSI. I propose to explain away the intuitiveness of purism as a side-effect of the narrow focus of previous epistemological inquiries. (shrink)

The preface paradox can be motivated by appealing to a plausible inference from an author’s reasonable assertion that her book is bound to contain errors to the author’s rational belief that her book contains errors. By evaluating and undermining the validity of this inference, I offer a resolution of the paradox. Discussions of the preface paradox have surprisingly failed to note that expressions of fallibility made in prefaces typically employ terms such as surely, undoubtedly, and bound to be. After considering (...) what these terms mean, I show that the motivating inference is invalid. Moreover, I argue that a closer consideration of our expressions of fallibility suggest that epistemically responsible authors would not be rational to believe that their books contain errors. I conclude by considering alternative expressions of fallibility that employ terms such as possible and probable, and discuss the role that expressions of fallibility play in conversation. (shrink)

The Constitution is the highest law of the country, while international law is a field of law that deals with the rights and obligations between countries. The essence of international community is of decentralized nature, in which the legal order is formed according to the principle of sovereign equality. However, there are many perspectives that approach the international community and international law from a universalistic and idealistic viewpoint. In other words, if the positivist and pseudo-oriented view of international law is (...) the reality of international community and international law, the universalist or idealist perception of international law can be said to be their goals. It is true that those two perspectives on international community and international law are neither omnicient nor all-perceiving, but complexly intertwined. The Constitution and international law, which can be considered the two axes of public law, are closely interrelated to the formation of a modern absolute state and civic democracy. The absoluteness of state power and civic democracy are doomed to fate our present and our future. This is not only such fundamental political order, but it also has become a foundation for the development of modern and contemporary order of law. And the two dimensions of order, politics and law, are developing in a dialectical manner. Under this background, this paper aims to provide a harmonious view sprucing up the reality of public law that penetrates both of the international and domestic society within a large framework. It is for research purpose and needs an effort of work by reviewing and analyzing the essence, commonalities, and differences among various adjacent concepts of the Constitution and international law discourse. This paper first begins with a discussion by presenting the historical development of existing hard legal system that penetrates the Constitution and international law through their realistic framework. Furthermore, we look at the softness of international law, conceptual discourse on the international law and world law, international constitutionalism and constitutional theory, and a compendium of world administrative law. We look at the background for the development of these commentaries, the main topics of discussion, and their commonalities or differences. Finally we briefly diagnose and place the future of new sermons that needs to be adduced due to changes in the international community. (shrink)

In men and women sexual arousal culminates in orgasm, with female orgasm solely from sexual intercourse often regarded as a unique feature of human sexuality. However, orgasm from sexual intercourse occurs more reliably in men than in women, likely reflecting the different types of physical stimulation men and women require for orgasm. In men, orgasms are under strong selective pressure as orgasms are coupled with ejaculation and thus contribute to male reproductive success. By contrast, women's orgasms in intercourse are highly (...) variable and are under little selective pressure as they are not a reproductive necessity. The proximal mechanisms producing variability in women's orgasms are little understood. In 1924 Marie Bonaparte proposed that a shorter distance between a woman's clitoris and her urethral meatus (CUMD) increased her likelihood of experiencing orgasm in intercourse. She based this on her published data that were never statistically analyzed. In 1940 Landis and colleagues published similar data suggesting the same relationship, but these data too were never fully analyzed. We analyzed raw data from these two studies and found that both demonstrate a strong inverse relationship between CUMD and orgasm during intercourse. Unresolved is whether this increased likelihood of orgasm with shorter CUMD reflects increased penile–clitoral contact during sexual intercourse or increased penile stimulation of internal aspects of the clitoris. CUMD likely reflects prenatal androgen exposure, with higher androgen levels producing larger distances. Thus these results suggest that women exposed to lower levels of prenatal androgens are more likely to experience orgasm during sexual intercourse. . (shrink)

Socioeconomic status refers to the family's social and economic standing in society. It is measured by combining an individual or group's economic and social position, which is often based on income, education, and occupation. It significantly affects academic performance and even one's health status. The pandemic changed the educational system, causing a huge transition from traditional learning methods to online learning. This shift resulted in confusion, burden, and difficulty among students from different walks of life. This study was conducted to (...) determine the academic stress on online learning among nursing students in relation to their economic status and their ability to access technology. The study utilized a quantitative-correlational method aided by a standard questionnaire. Two hundred thirty-six University of Bohol nursing students enrolled in the second semester of SY 2021–2022 were included in the study by random selection. Data revealed a significant correlation between economic status and the level of stress related to academic expectations and a significant correlation between economic status and access to technology after being subjected to the Spearman rho test of correlation. However, no significant correlation was found between access to technology and the respondents' level of academic stress. (shrink)

Infallibilism leads to skepticism, and fallibilism is plagued by the threshold problem. Within this narrative, the pragmatic turn in epistemology has been marketed as a way for fallibilists to address the threshold problem. In contrast, pragmatic versions of infallibilism have been left unexplored. However, I propose that going pragmatic offers the infallibilist a way to address its main problem, the skeptical problem. Pragmatic infallibilism, however, is committed to a shifty view of epistemic certainty, where the strength of a subject’s epistemic (...) state can vary depending upon the practical context. Pragmatic views of epistemic strength are quite radical so the argumentative goal of my discussion is to argue for its plausibility, thereby arguing for the plausibility of pragmatic infallibilism. To do so, I discuss the role that the framing of decision problems and the construction of our deliberative attitudes have in our theories of rational choice. And I explore a way in which these necessary components of a normative theory of rationality can be used to motivate pragmatic views of evidential support. Finally, since the plausibility of our pragmatic account will depend upon the plausibility of a constructive account of rational choice, I conclude by comparing the adequacy of the constructive account with orthodox Bayesian and knowledge-based accounts. (shrink)

In the seventeenth to the eighteenth centuries, East Asia witnessed new academic trends emphasizing social practice and reform over theoretical considerations. These trends gave rise to Silhak 實學 (“Practical Learning”) in Korea in the late Joseon dynasty, Qixue 氣學 (“Learning of Vital Forces”) in China in the late Ming and early Qing dynasties, and Kogaku 古學 (“Ancient Learning”) in Japan in the Edo period. A concept of “East Asian Silhak 東亞實學 (East Asian Practical Learning)” can be conceived in the context (...) of strengthening the Confucian statecraft in the seventeenth and eighteenth centuries. However, in the nineteenth and twentieth centuries, this academic trend, so-called East Asian Practical Learning, was manifested in the form of “pursuit of West-centered modernity” in the three East Asian countries. It would be appropriate to understand it as a “modern transformation of East Asian Confucian thought” rather than as the Confucian statecraft in the context of Confucianism. When attempting to incorporate the ideological transformation of Confucianism in East Asia in the nineteenth and twentieth centuries into the concept of Silhak, there are issues such as: the conceptual confusion between Silhak of the late Joseon dynasty of Korea and Kaozhengxue 考證學 (“Evidential Learning”) of the Qing dynasty of China; and their pursuit of modernity based on the premise of anti-Zhuzi studies. Given these complexities, this article underscores that the genesis of New Silhak in twenty-first-century East Asia lies in the simultaneous relationship between Zhuzi studies and Silhak, reflecting the Confucian ideal of neisheng waiwang 內聖外王 (“inner sage and outer king”). (shrink)

자국의 통상이익을 확보하려는 국가의 노력과 무역의 자유화와 확대를 위한 경제심 판관으로서 WTO의 역할은 인류복지의 극대화를 위하여 한 방향으로 나아가면서도 충 돌하고 있다. 개별국가의 성장과 복지없는 인류복지의 극대화는 껍데기에 불과하고, 자유와 비차별(non-discrimination)의 원칙에 바탕한 기회균등, 공정경쟁조건의 보장이 없는 한 국제무역은 홉즈식 "즉발적 利己主義(spontaneous disorder)"만이 횡행하게 된 다. 이를 구제하기 위하여 국가적·국제적 통상관리체제가 발전되어 왔으며, WTO가 세 계경제헌법체제로서 많은 역할을 하고 있는 것은 주지의 사실이다. 많은 WTO업적 중 최근의 버드법 문제는 그 이례성과 전략성으로 인하여 양식있는 자의 관심이 대상이 되어 왔으며, 최근 미 (...) 연방법원과 WTO분쟁해결기구는 동 법의 적립금배분조항에 관 하여 국제적·국내적으로 위헌성을 확인한 바 있다. 그러나 양대 司法機關의 결정취지는 동일한 것이 아니다. 미국 연방법원은 문제된 버드법 조항이 헌법상 보장된 표현의 자 유와 평등권을 침해하여 위헌이라는 결정을 하였고, WTO분쟁해결기구는 반덤핑협정 이나 보조금협정 등 관련협정에서 허용하고 있지 않는 내용의 무역규제조치를 하였다 는 이유로 동법의 협정위반을 선언하고 그 철폐를 권고하였다. 이에 본고는 버드법상 적립금배분제도에 관한 양대 사법기관의 결정요지를 살펴보고, 헌법국가의 이상이라는 관점에서 사법기관의 역할과 버드법에 관한 사법심사가 주는 시사점을 음미하기로 한 다. 이는 종래의 외교통상문제와 국내문제의 엄별이라는 기존관념으로부터 헌법국가이 상의 역사적 의의와 발전, 국제법과 국내법의 관계, 사법기관의 국제적 협조와 연대라 는 관점에서 보다 적극적 자세로의 인식전환과 관련을 갖는다. 사법기관은 역사적으로 시민사회의 형성ㆍ발전에 있어 기본적 가치의 수호를 통하여 국제적ㆍ국내적 차원에서 중요한 역할을 하여 왔으나,현대 국제사회에서는 외교통상 행정영역의 발전에 뒤떨어 지는경향이있고, 세계헌법주의라는 관점에서 새로운 조명이 필요하다고 본다. 결론에 서는 현재 국제사회의 현실에서 사법부를 포함하여 우리정부의 전략적ㆍ법제적 대응 방안을 간략히 적시해 보도록 한다. (shrink)

It is widely agreed that more is true in a work of fiction than explicitly said. In addition to directly stipulated fictional content (explicit truth), inference and background assumptions give us implicit truths. However, this taxonomy of fictional truths overlooks an important class of fictional truth: those generated by literary formal features. Fictional works generate fictional content by both semantic and formal means, and content arising from formal features such as italics or font size are neither explicit nor implicit: not (...) explicit since formal features don’t say anything; and not implicit since content generated from formal features doesn’t rely on other truths or background assumptions. In addition to showing that our current classification is incomplete, the new class of fictional truths provides four further upshots for definitions of fictional truth, story and work identity conditions, and the relationship between literary interpretation and fictional truth. (shrink)

In recent years, some epistemologists have argued that practical factors can make the difference between knowledge and mere true belief. While proponents of this pragmatic thesis have proposed necessary and sufficient conditions for knowledge, it is striking that they have failed to address Gettier cases. As a result, the proposed analyses of knowledge are either lacking explanatory power or susceptible to counterexamples. Gettier cases are also worth reflecting on because they raise foundational questions for the pragmatist. Underlying these challenges is (...) the fact that pragmatic epistemologies not only rely upon normative theories of rational choice but also require externalist standards to rule out epistemic luck. Unfortunately, we lack adequate externalist theories of rational choice. In response, I address these foundational challenges by offering the outlines of an externalist decision theory. While this task is an ambitious one that I cannot hope to complete, I survey the outlines of a decision-theoretic framework on which a richer pragmatic epistemology can be developed. My hope is that this framework opens up new avenues of exploration for the pragmatic epistemologist. (shrink)

1995년 세계무역기구가 출범하면서 구 GATT체제와 달리 국제통상에 관한 분쟁해결절차가 대폭 정 비되었다. 逆滿場一致制의 채택, 處理時限의 명시, 국제통상에 있어 법치주의의 구체화를 위한 抗訴機 構의 설치 등 舊體制와는 매우 다른 양상을 보이고 있다. 우리의 경우 국제무역은 국가의 미래가 걸려 있는 문제이고, 세계가 경제전쟁화되고 있는 현실에서 이러한 체제변화는 우리 정부나 법률 전문가의 관심 사항이 아닐 수 없다. 이러한 맥락에서 본고는 법치주의, 사법적극주의, 심판관의 역할이라는 명 제하에 세계무역기구 항소기구체제의 성격과 문제점을 조명하고 검토한다. 세계무역기구 분쟁해결시스 템은 국내사법체제나 다른 국제사법체제와 달리 비교적 역사가 일천하나, 향후 선례의 (...) 축적에 따라서 는 국제사회에서의 법치주의 달성에 있어 하나의 典型을 제공할 수 있는 가능성이 크다. 그러나 국제 협정체제라는 본질적 한계로 인하여 항소기구가 처하고 있는 현실은 그리 쉬운 것도 아니다. 국제통상 에 있어서의 법치주의와 항소기구, 심판관의 역할문제는 매우 광범위한 문제영역에 걸쳐 있는 문제지 만, 본고에서는 먼저 세계무역기구 출범의 의의와 성격을 살펴보고, 나아가 법치주의와 사법제도, 세계 무역기구 분쟁해결시스템의 성격과 Judge-made law의 중요성, 항소기구심판권의 범위와 한계, 절차 밖의 자가 제출한 참고자료의 문제, 항소기구와 정치기관 간의 관계 및 사법적극주의 문제 등에 관하 여 몇가지 事例와 比較法史的 접근방식을 통하여 논한다. (shrink)

When we ask a decision maker to express her preferences, it is typically assumed that we are eliciting a pre-existing set of preferences. However, empirical research has suggested that our preferences are often constructed on the fly for the decision problem at hand. This paper explores the ramifications of this empirical research for our understanding of instrumental rationality. First, I argue that these results pose serious challenges for the traditional decision-theoretic view of instrumental rationality, which demands global coherence amongst all (...) of one's beliefs and desires. To address these challenges, I first develop a minimal notion of instrumental rationality that issues in localized, goal-relative demands of coherence. This minimal conception of instrumental rationality is then used to offer a more sophisticated account of the global aspects of instrumental rationality. The resulting view abandons all-or-nothing assessments of rationality and allows us to evaluate decision makers as being rational to varying degrees. My aim is to propose a theory that is both psychologically and normatively plausible. (shrink)

Philip Kitcher’s The Ethical Project trios to vindicates ethics through an analysis of its evolutionary and cultural history, a history which in turn, he thinks, supports a particular conception of the role of moral thinking and normative practices in human social life. As Kitcher sees it, that role could hardly be more central: most of what makes human life human, and preferable to the fraught and impoverished societies of the great apes, depends on moral cognition. Prom this view of the (...) role of the ethical project as a social technology, Kitcher derives an account of moral progress and even moral truth: a normative analogue of the idea that truth is the convergence of rational enquiry. To Kitcher’s history, I present an anti-history. Most of what is good about human social life depends on the expansion of our social emotions, not on our capacities to articulate and internalise explicit norms. Indeed, since the Holocene and the origins of complex society, normative thought and normative institutions have been more prominent as tools of exploitation and oppression than as mechanisms of a social peace that balances individual desire with collective co-operation. I argue that the vindication project fails in its own terms: even given Kitcher’s distinctive pragmatic concept of vindication, history debunks rather than vindicates moral cognition. (shrink)

The articles in this issue represent the pursuit of a new understanding of the human past, one that can replace the neo-saltationist view of a human revolution with models that can account for the complexities of the archaeological record and of human social lives. The articulation of archaeological, philosophical, and biological perspectives seems to offer a strong foundation for exploring available evidence, and this was the rationale for collecting these particular articles. Even at this preliminary stage there is a coherence (...) emerging in proposals: the origin and operation of symbolically rich, complexly signaling human social systems was the consequence of the long-term evolution of multiple components of perceiving and negotiating social interactions, a contingent outcome of myriad adaptive shifts rather than a single event. (shrink)

I develop a new reading of Frege’s argument for the indefinability of truth. I concentrate on what Frege literally says in the passage that contains the argument. This literal reading of the passage establishes that the indefinability argument is an arguably sound argument to the following conclusion: provided that the Fregean conception of judgment—which has recently been countered by Hanks—is correct and that truth is a property of truth-bearers, a vicious infinite regress is produced. Given this vicious regress, Frege chooses (...) to reject that truth is a property of truth-bearers. Frege’s choice leads to a unique version of the Fregean conception of judgment. His unique conception of judgment can cope with Hanks’s recent criticisms against the Fregean conception. (shrink)

There is ongoing debate on whether Juche (주체/主體), the North Korean state ideology, is indigenous, Marxist-Leninist, or Confucian—or if it’s a real philosophy at all. In this article, I introduce Juche and show how characteristics that philosophers identify to be unique or pronounced in premodern Korean philosophy can be found in Juche as well. Intellectual adaptation, pragmaticism, and an emphasis on continual improvement are prominent in both premodern Korean thought and Juche. Juche should be understood as a politically inflected outgrowth (...) that is embedded within the larger context of Korean philosophy. (shrink)

In this study, we examine the philosophical bases of one of the leading clinical psychological methods of therapy for anxiety, anger, and depression, Cognitive Behavioral Therapy (CBT). We trace this method back to its philosophical roots in the Stoic, Buddhist, Taoist, and Existentialist philosophical traditions. We start by discussing the tenets of CBT, and then we expand on the philosophical traditions that ground this approach. Given that CBT has had a clinically measured positive effect on the psychological well-being of individuals, (...) it becomes important to study the philosophical foundations on which this therapy is based. (shrink)

This paper defends the idea that phenomenological approaches to self-consciousness can enrich the current analytic philosophy of perception, by showing how phenomenological discussions of minimal self-consciousness can enhance our understanding of the phenomenology of conscious perceptual experiences. As a case study, I investigate the nature of the relationship between naïve realism, a contemporary Anglophone theory of perception, and experiential minimalism (or, the ‘minimal self’ view), a pre-reflective model of self-consciousness originated in the Phenomenological tradition. I argue that naïve realism is (...) not only compatible with, but can be supplemented with experiential minimalism in a novel way. The suggestion is that there are reasons to combine naïve realism and experiential minimalism. My focus here will be on drawing a connection between the notion of minimal self and two core theoretical commitments of naïve realism, relationalism and transparency. (shrink)

In the Essay, Locke refers to the ordinary-sized natural things as ‘particular sorts of Substances’ (2.23), whereas the ‘three sorts of Substances’ (2.27) are more metaphysically laden sorts: God, finite spirits, and fundamental material particles. He posits the much-contested ‘substratum’ in each particular sort of substance but not any of the three sorts. It should also be noted that his list of the particular sorts includes ‘men’. In regard to this nobler sort, he refers to a further classification – viz., (...) ‘the Substance of spirit’ and ‘the Substance of the body’ – only in terms of their nominal essence. A naturalistic, nominalist approach is deeply entrenched in his account of the human-related sorts as well. In this chapter, I shall explore how Locke develops a theory of substance in the Essay that is less metaphysical, more naturalistic, and epistemically humbler than those of his rationalist contemporaries. (shrink)

In the history of Chinese philosophy, Mozi calls music a “waste of resources,” considering it an aristocratic extravagance that does not benefit the everyday people. In its defense, Confucians highlight music’s moral and metaphysical qualities, arguing that music aids in moral cultivation and that music’s form mimics the structure of reality. The aim of this paper is to show that Korean philosophers provide yet another reason to think music is important. Music, and art in general, was used to express a (...) national identity at a time Korean philosophers were beginning to develop their own aesthetic consciousness in the seventeenth and eighteenth centuries. A cultural movement called Joseonpoong (조선풍), “Joseon wind”, marked a shift away from Sinocentrism and towards Korea’s own unique value and practices. The new attempt to justify art’s value apart from its relationship to morality or metaphysics set Joseon thinkers apart from their Chinese predecessors. Using art for identity expression allowed the Koreans to reconceive art’s value while Sinocentric cosmological and cultural views were being challenged with the introduction of western knowledge. Art also became a tool for reversing hermeneutic injustice as new artistic practices and standards allowed the Koreans to meaningfully engage with previously neglected aspects of their lived lives. (shrink)

In this paper, we provide a Bayesian analysis of the well-known surprise exam paradox. Central to our analysis is a probabilistic account of what it means for the student to accept the teacher's announcement that he will receive a surprise exam. According to this account, the student can be said to have accepted the teacher's announcement provided he adopts a subjective probability distribution relative to which he expects to receive the exam on a day on which he expects not to (...) receive it. We show that as long as expectation is not equated with subjective certainty there will be contexts in which it is possible for the student to accept the teacher's announcement, in this sense. In addition, we show how a Bayesian modeling of the scenario can yield plausible explanations of the following three intuitive claims: (1) the teacher's announcement becomes easier to accept the more days there are in class; (2) a strict interpretation of the teacher's announcement does not provide the student with any categorical information as to the date of the exam; and (3) the teacher's announcement contains less information about the date of the exam the more days there are in class. To conclude, we show how the surprise exam paradox can be seen as one among the larger class of paradoxes of doxastic fallibilism, foremost among which is the paradox of the preface. (shrink)

법의 系統으로 분류할 때 사회주의 국가권을 제외하면 일반적으로 성문제정법 중심의 대륙법계와 보통법 및 법원의 판례법을 법으로 인식하는 영미법계의 兩大 法界가 존재한다. 법은 일반적으로 국가를 전제로 한 개념으로 인식되고 있으며, 따라서 사법의 경우 국가마다 자신의 私法을 가지고 있고, 국제사회의 발달과 함께 사법의 통일노력은 꾸준히 지속되어 왔다. 사법의 통일방식에는 다양한 유형이 있 고, 그 중 하나가 超國家法(Non-State Norms)의 제정을 통한 통일이다. UNIDROIT Principles와 유럽 계약법원칙은 초국가법의 제정을 통한 사법통일의 대표적 실례이다. UN계약법원칙이라고도 불리는 UNIDROIT Principles은 중세 상인법(lex mercatoria)의 현대적 부활로 불리며, 대륙법과 영미법이 (...) 조화를 이룬 잘 된 입법으로 평가받고 있고 향후 사법통일의 지표와 시금석 역할을 하고 있다. 그러나 초국가법의 제정에 의한 사법통일은 그 法源性 및 대륙법계와 영미법계의법문화적, 지적 차이, 국제사회의 현실적 여건과 통일에 있어 법기술적 문제로 인하여 국제사회의 다른 법통일 노력과 비교할 때, 여러 가지 특징을 보이고 있다. 따라서 본고는 초국가법의 의의, 법원성을 간략히 살펴보고, 사법통일 운동 내지 초국가법에 의한 사법통일의 특징을 살펴본다. 나아가 초국가법에 의한 사법통일은 대륙법계식 사법통일을 대변하므로 그에 대한 보통법국가의 비판적 기본 시각을 정리해 보고, 대륙법계식 통일의 불가피성에 관하여 논한다. 사법통일에는 많은 變數가 존재하고 그 나름대로의 특징이 존재한다. 1893년 헤이그 국제사법회의 이래 최근 UN을 중심으로 한 사법통일에의 노력에 이르기까지, 사법통일운동은 향후 많은 변수 속에서 진행될 것이다. 그리고 초국가법을 통한 사법통일운동은 그 방식, 법적 성격, 法文化的 차이로 인하여 여러 가지 특징을 보이고 있으며, 이는 사법통일의 주체가 되는 각국 정부나 이를 국제거래분쟁해결의 준거규범으로 적용하여야 하는 司法官들이 참고할 필요가 있다고 본다. (shrink)