Can one’s genetic profile be owned? How about techniques to improve genetic profi les? A brave new world of genetic enhancement is upon us and we’d better be ready to answer such questions. Adam Moore is ready. He thinks the answers to these questions are resoundingly “yes.” He defends this on the ground of individual liberty in the face of potential government control of such technology. He argues that genetic property is to be assimilated to rights of privacy and (...) property in general and can be owned. He defends this against several important objections on the basis of societal overriding needs or goods. (shrink)

Review of A. W. Moore's 2003 book on Kant's moral and religious philosophy.

In recent years there has been a growing interest among mainstream Anglophone moral philosophers in the empirical study of human morality, including its evolution and historical development. This chapter compares these developments with an earlier point of contact between moral philosophy and the moral sciences in the early decades of the Twentieth century, as manifested in some of the less frequently discussed arguments of G. E. Moore and W. D. Ross. It is argued that a critical appreciation of (...) class='Hi'>Moore and Ross’s response to the emerging moral sciences of their day has significant implications for contemporary moral epistemology. The chapter also offers a novel interpretation of G. E. Moore’s ‘open question argument’. (shrink)

Shortly before G. E. Moore wrote down the formative for the early analytic philosophy lectures on Some Main Problems of Philosophy (1910–1911), he had become acquainted with two books which influenced his thought: (1) a book by Husserl's pupil August Messer and (2) a book by the Greifswald objectivist Dimitri Michaltschew. Central to Michaltschew's book was the concept of the given. In Part I, I argue that Moore elaborated his concept of sense-data in the wake of the Greifswald (...) concept. Carnap did the same when he wrote his Aufbau, the only difference being that he spoke not of sense-data but of Erlebnisse. This means, I argue, that both Moore's sense-data and Carnap'sErlebnisse have little to do with either British empiricists or the neo-Kantians. In Part II, I try to ascertain what made early analytic philosophy different from all those philosophical groups and movements that either exercised influence on it, or were closely related to it: phenomenologists, Greifswald objectivists, Brentanists. For this purpose, I identify the sine qua non practices of the early analytic philosophers: exactness; acceptance of the propositional turn; descriptivism; objectivism. If one of these practices was not explored by a given philosophical school or group, in all probability, it was not truly analytic. (shrink)

In this article, I consider the cases of religious Moorean propositions of the form ‘d, but I don't believe that d’ and ‘d, but I believe that ~d’, where d is a religious dogma, proposition, or part of a creed. I argue that such propositions can be genuinely and rationally asserted and that this fact poses a problem for traditional analysis of religious assertion as an expression of faith and of religious faith as entailing belief. In the article, I explore (...) the possibility of undermining these commonly held assumptions and argue that the assertability of religious Moorean propositions can be justified by an account of faith as an intention to form religious beliefs. In the end, I also consider the consequences of such a stance, especially concerning the debate on the ethics of religious belief and doxastic voluntarism. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Heidegger, Art, and Postmodernity by Iain D. ThomsonIrene McMullinIain D. Thomson. Heidegger, Art, and Postmodernity. Cambridge-New York: Cambridge University Press, 2011. Pp. xix + 245. Paper, $27.99.Iain Thomson’s Heidegger, Art, and Postmodernity is an exceptional piece of Heidegger scholarship, providing detailed, informative analysis while remaining highly readable.Thomson begins by reprising the argument from his earlier Heidegger on Ontotheology: Technology and the Politics of Education (Cambridge, 2005), namely, that (...) the concept of ontotheology is key to understanding Heidegger’s thought. Ontotheologies comprehend “the intelligible order in terms of both its innermost core [ontology] and its outermost form or ultimate expression [theology]” (10). Thomson examines Heidegger’s claim that these understandings of reality change over time, a history of being comprised of distinct metaphysical “epochs” of intelligibility. Thomson recounts Heidegger’s project as an attempt to overcome ontotheology, particularly its modern and late-modern forms, in which entities appear solely as objects for control or resources for optimization.Doing so requires cultivating a plural realism whereby entities are recognized as richer in intrinsic meaning than we can capture. Thomson shows that Heidegger’s analysis of [End Page 324] art—particularly Van Gogh’s “A Pair of Shoes”—is aimed at demonstrating how art over-flows conceptual boundaries and thereby reveals this plural givenness of meaning. With startling originality, Thomson both explains the use of the three artworks in “Origin of the Work of Art” in terms of Heidegger’s history of being and refutes Shapiro’s famous criticism, arguing that Heidegger is not suggesting that the painting simply represents a peasant woman’s shoes. Rather, it represents both the shoes and a plurality of other possible meaning gestalts suggested by the umbra of “nothingness” that surrounds the shoes—the unformed textures and colors of the background—one of which is the figure of a woman.The work prompts a gestalt shift from shoes to woman, encouraging us to recognize possibilities of meaning in the inchoate forms surrounding the shoes, and thus (Heidegger hopes) realize the inexhaustibility of meaning and the structure of intelligibility itself: namely, the ontological tension between earth and world, revealing and concealing. Any representation is only one of the many conceptual possibilities present, and art helps us accomplish a postmodern “active receptivity” that responds adequately to the inexhaustibility of being as such.The latter half of Thomson’s book engages in “applied Heidegger”: the examination of particular works to demonstrate the fruitfulness of understanding Heidegger in this way. By analyzing U2’s Achtung Baby, Moore’s Watchmen comic series, and (in a particularly informative chapter) Heidegger’s Contributions to Philosophy qua philosophical fugue, Thomson is able to pursue the implications of what “postmodernity” means for Heidegger and why it should be considered appealing.Thomson’s thought-provoking and informative book should prompt a great deal of discussion. In particular, one can ask whether such a “postmodern” condition represents what Thomson and Heidegger hope it does. Thomson suggests throughout that escaping late-modern optimization and control narratives will encourage us “to approach all things with care, humility, patience, gratitude, and perhaps... awe, reverence, and love” (212). But why should we suppose that recognizing meaning’s excessiveness and multiplicity should produce such positive responses? Is it not equally plausible that it would prompt a kind of desiccated ennui, an inability to care or commit that is rooted in the sense that there is no right answer, no right way to be? One wonders if living with such recognition is even possible, considering the view espoused throughout that intelligibility depends on tension between revealing and concealing. What is the proper place for the view that no framework of intelligibility is right or adequate, but merely captures one facet of possible meaning? Is this compatible with existentialism’s characterization of humanity in terms of the need to commit to projects that delimit a normative horizon through which the world can show up as intelligible?Further, though it seems clear that cultivating a poetic responsivity to the given plurality of meaning will help overcome Western nihilism—i.e. the view that there is no inherent meaning—it is not clear that it will move us beyond... (shrink)

Experiential acquaintance is an alleged relation between ourselves and our experiences that has sometimes been hypothesised as necessary for knowledge of our experiences. This paper begins with a clarification of ‘acquaintance’ and an explanation of ‘experience’ that focuses attention on a famous, but flawed, argument by G. E. Moore. It goes on to critically examine several recent arguments concerning experiential acquaintance and to show how internalist foundationalism can respond to a famous Sellarsian dilemma without appeal to a relation of (...) acquaintance with our experiences. It concludes that we can dispense with experiential acquaintance. (shrink)

Un fait Mooréen, selon l'expression de David Lewis, est « l'une des choses que nous savons mieux que toute prémisse d'une argumentation philosophique visant à é tablir le contraire. » Le sujet des faits Mooréens soulève des questions profondes, à la fois de méthode philosophique et d'épistémologie de premier ordre. Comment devrions-nous répondre aux arguments qui remettent en question des croyances dont nous sommes extrêmement confiants ? Dans quelle mesure ces arguments – ou plutôt ceux qui les avancent – peuvent-ils (...) espérer avoir une emprise ou une traction rationnelle sur nous ? Dans quelle mesure, si même c'est le cas, notre point de départ limite-t-il les types de révisions de nos croyances que la philosophie pourrait légitimement inspirer ? Quand sommes-nous justifiés (si jamais nous le sommes) à refuser de se laisser influencer par un argument qui, pour autant qu'on puisse en juger, est sans faille, et quand un tel refus relève-t-il simplement du dogmatisme ? Ce sont là de vastes questions, auxquelles je ne tenterai pas ici de répondre complétement. Mon ambition, plus modeste, est de tenter de progresser sur ces questions, et d'autres questions connexes, en examinant la notion de fait Mooré que je trouve chez Lewis et chez d'autres. (shrink)

This chapter both explains the origins of emotivism in C. K. Ogden and I. A. Richards, R. B. Braithwaite, Austin Duncan-Jones, A. J. Ayer and Charles Stevenson (along with the endorsement by Frank P. Ramsey, and the summary of C. D. Broad), and looks at MacIntyre's criticisms of emotivism as the inevitable result of Moore's attack on naturalistic ethics and his ushering in the fact/value, which was a historical product of the Enlightenment.

L’article qui suit a pour but de présenter un des aspects centraux de la contribution philosophique de Jaakko Hintikka : l’épistémologie formelle. Le thème choisi, le Paradoxe de Moore, permettra d’illustrer le mot d’ordre de la philosophie formelle, celui d’utiliser des outils logiques en vue de la clarification de problèmes philosophiques. Il s’agit également de mettre en évidence la nature pragmatique du discours épistémique, qui transparaît dans les résultats sémantiques de Hintikka et parle en faveur de la logique illocutoire.

Thomas Hurka’s recursive account of value appeals to certain intuitions to expand the class of intrinsic values, placing concepts of virtue and desert within the realm of second and third order intrinsic goods, respectively. This is a formalization of a tradition of thought extending back to Aristotle and Kant via the British moralists, G. E. Moore, and W. D. Ross. However, the evidential status of such intuitions vis a vis the real, intrinsic value of virtue and desert is hostage (...) to alternative explanations. If there is a plausible competing explanation for these intuitions, then the (putative) fact that desert and virtue are intrinsic (rather than instrumental or derivative) goods seems a much less obvious choice for the best explanation. As it turns out, there are plausible evolutionary explanations for these intuitions about desert and virtue. These evolutionary explanations suggest that it is adaptive to value desert and virtue separately from their instrumentality for other goods. Consequently, these explanations debunk intuitions about the intrinsic value of desert and virtue. (shrink)

A theory of rational belief should get the cases right. It should also reach its verdicts using the right theoretical assumptions. Leading theories seem to predict the wrong things. With only one exception, they don't accommodate principles that we should use to explain these verdicts. We offer a theory of rational belief that combines an attractive picture of epistemic desirability with plausible principles connecting desirability to rationality. On our view, it's rational to believe when it's sufficiently likely that you'd know (...) because believing when it's sufficiently likely that you'd know minimises expected objective epistemic undesirability. (shrink)

In 1901 Russell had envisaged the new analytic philosophy as uniquely systematic, borrowing the methods of science and mathematics. A century later, have Russell’s hopes become reality? David Lewis is often celebrated as a great systematic metaphysician, his influence proof that we live in a heyday of systematic philosophy. But, we argue, this common belief is misguided: Lewis was not a systematic philosopher, and he didn’t want to be. Although some aspects of his philosophy are systematic, mainly his pluriverse of (...) possible worlds and its many applications, that systematicity was due to the influence of his teacher Quine, who really was an heir to Russell. Drawing upon Lewis’s posthumous papers and his correspondence as well as the published record, we show that Lewis’s non- Quinean influences, including G.E. Moore and D.M. Armstrong, led Lewis to an anti- systematic methodology which leaves each philosopher’s views and starting points to his or her own personal conscience. (shrink)

It is customary to think that Objective List (“OL), Desire-Satisfaction (“D-S”) and Hedonistic (“HED”) theories of prudential value pretty much cover the waterfront, and that those of the three that are “subjective” are naturalistic (in the sense attacked by Moore, Ross and Ewing), while those that are “objective” must be Platonic, Aristotelian or commit the naturalist fallacy. I here argue for a theory that is both naturalistic (because voluntaristic) and objective but neither Platonic, Aristotelian, nor (I hope) fallacious. In (...) addition, this proposal, called “CHOICE,” is an example of neither an OL, D-S, nor HED theory. It is a theory according to which uncoerced choosings create objective values that we (even everyone) may be wrong about, because valuations are conative rather than epistemic activities. On this view, intrinsic prudential goods necessarily involve likely (pursuant to lawlike regularities) net increases in successful free choosings . (shrink)

RIGHT TO SILENCE-UK, U.S, FRANCE, and GERMANY SALLY RAMAGE (TRADE MARK REGISTERED) WIPO Orchid ID 0000-0002-8854-4293 Pages 2-30 Current Criminal Law, Volume 1, Issue 2, -/- Sally Ramage, BA (Hons), MBA, LLM, MPhil, MCIJ, MCMI, DA., ASLS, BAWP. Orchid ID 0000-0002-8854-4293 Publisher & Managing Editor Criminal Lawyer series [1980-2022](ISSN 2049-8047) Current Criminal Law series [2008-2022] (ISSN 1758-8405) and Criminal Law News series [2008-2022] (ISSN 1758-8421). Sweet & Maxwell (Thomson Reuters) (Licensed Annotator of UK Statutes) in annual law books Current Law (...) Statutes Annotated, (2006, 2009, 2010 editions) (sole and separate S&M contracts) for 7 UK Criminal Justice Statutes: UK Safeguarding Vulnerable Persons Act 2006; UK International Development Act 2006; UK Fraud Act 2006; UK Policing and Crime Act 2009, UK Local Democracy Act 2009; UK Bribery Act 2010; and UK Crime and Security Act 2010. TradeMark SALLY RAMAGE ® (2005-2025) in the UK, 2401827; WIPO TradeMark SALLY RAMAGE® 900614; USA TradeMark 3,440,910) (2008-2028). WARNING: The doing of an unauthorized act in relation to a copyright work may result in both a civil claim for damages and criminal prosecution. -/- ABSTRACT The privilege of the right to silence can be traced back to the 12th century, becoming more developed in later centuries. -/- Table of cases European Court of Human Rights Deweer v Belgium [1980], Eckle v Germany [1982], DN v The Netherlands [1975], Funke v France [1993] 16 EHRR 297, JP v Austria [1989], Kansal v UK [2003] Application No 21413/02 Khan v UK [2000] 31 EHRR 45, Saunders v UK [1997] 23 EHRR 313, Schenk v Switzerland [1991] 13 EHRR 242, and Tora Tolmos v Spain [1995] Table of Cases United Kingdom Brown v Procurator Fiscal, Dunfermline, [2000] , The Times, Feb 14, High Ct Scot.; HM Advocate v Friel [1978] SLT; Lambe v Munster [1882] 10 QBD 110.; Pearse v Pearse [1846] Eng Rep 950 (on truth); Re Pantmaenog Timber Co Ltd [2003] HL; R v Bryce [1992] 95 Cr App Rep 320; R v Canale [1990] 2 All ER 187; R v Fitzpatrick [1995] 4 SCR 154; R v Herbert [1990] 2 SCR 151; R V Hertfordshire County Council, ex parte Green Environmental Industries and another [2000] 1 All ER 773; R v Keenan [1989] Crim LR 720; R v Maguire [1990] Cr App Rep 115; R v Pound, Green and ors [2004]; R v Sang [1979] Crim LR 655; R v Saunders [1986] unreported; R v Seelig, R v Spens [1991] CA; R v Smith [1992] 95 Cr App. R. 191; R v Steen and ors [2003] unreported; R v Walsh [1981] CrimLR 822; R V Ward 96 Cr App R [1993]; R v Weekes [1993] Crim LR 211; R v White [1999] 2 SCR 417; R v Young [2003] unreported; Thompson Newspaper v Canada [1990] 1 SCR 425; Walsh Automation (Europe) Ltd v Bridgeman and ors [2002] EWHC 1344 QB France-Law France 1789 Declaration des driots de l‟homme et du citoyen 1808 Code d ‟instruction criminelle 1946 Constitution 1958 Code de procedure penale 2000 Penal Code Germany-Law Germany 1871 Criminal Code 1877 Criminal Procedure Code (St PO) 1877 Judicial Organisation Law 1949 Constitution 1975 Criminal Code 1998 Criminal Code Table of Cases Germany Germany BGH Admissibility of secret tape recordings judgement 14 June 1960, in BGHSt 14, 358 BGH Lie detector judgement 16 Feb 1954, in BGHSt 5, 332. BberfG Decision concerning the applicability of ne bis in idem 31 March 1987, in BberfGE 75,1; BGH Sweeping deception of suspect judgement 24 August 1988, in BGHSt 36, 328. BGH Judgement 24 August 1993, in BGHSt 39, 305 Table of Cases United States United States of America California v Byres [1971] 402 U.S. 424; Fisher v United States 475 U.S. 391 [1986]; Griffin v California [1965] 380 US 609 [; Hoffman v United States [1950] 341 U.S. 479; Supreme Court Baldwin v NY, 399 US 143 [1970]; Supreme Court Chavez v Martinez , U.S. 123 [2003]; Supreme Court Doyle v Ohio, 426 U.S. 610 [1976]; Supreme Court Escobedo v Illinois, 378 U.S. 478 [1964]; Supreme Court Giglio v US, 405 U.S. 150 [1972] Supreme Court Harris v NY, 401 U.S. 222 [1971]; Supreme Court Kirby v Illinois, 406 U.S. 682 [1972]; Supreme Court Miranda v Arizona, 384 U.S. 436 [1966]; Supreme Court Moore v Illinois, 408 U.S. 768 [1972]; Supreme Court Moran v Burbine, 475 U.S. [1986]; Supreme Court Orzoco v Texas, 324 U.S.24 [1969]; Supreme Court US v Hale [1975] 422 US 17; Supreme Court US v Leon, 468 U.S. 897 [1984]; Supreme Court US v Salerno, 481 U.S. 739 [1987]; Twining v New Jersey 211 US 78 113 -/- . (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

A growing number of decision theorists have, in recent years, defended the view that rationality is permissive under risk: Different rational agents may be more or less risk-averse or risk-inclined. This can result in them making different choices under risk even if they value outcomes in exactly the same way. One pressing question that arises once we grant such permissiveness is what attitude to risk we should implement when choosing on behalf of other people. Are we permitted to implement any (...) of the rationally permissible risk attitudes, is there some specific risk attitude that is required when choosing for others, or are we required to defer to the risk attitudes of the people on whose behalf we are choosing? This article elaborates on this question, explains its wider practical and theoretical significance, provides an overview of existing answers, and explores how to go about providing a more systematic account of how to choose on behalf of others in risky contexts. (shrink)

Lorsque nous avons affaire à des objets ou des états de choses complexes, il est difficile de réduire ces objets, ces états de choses, à la somme de leurs parties. Le holisme est la thèse selon laquelle un objet ou un état de choses ne se réduit pas à la somme de ses parties. On retrouve ce phénomène partout : en sciences (les états mentaux ne semblent pas se réduire à des activations de neurones même s’ ils surviennent sur eux), (...) en sociologie (l’ OM est plus que la somme des joueurs, c’ est pourquoi l’ OM existe même après un changement de joueur), en ontologie (le tout constitué par une moto est plus que l’ ensemble de ses parties, encore faut-il qu’ elles soient assemblées correctement) et en gastronomie (dans une fondue les parties et le tout sont indistinguables). -/- Dans cet article, je vais considérer une forme particulière de holisme, peut-être la plus mystérieuse puisqu’ il s’ agit d’ un holisme de valeurs. Soit la thèse suivante : la valeur d’ un tout n’ est pas égale à la somme des valeurs de ses parties. (shrink)

Lawrence Kohlberg's Approach to Moral Education presents what the late Lawrence Kohlberg regarded as the definitive statement of his educational theory. Addressing the sociology and social psychology of schooling, the authors propose that school culture become the center of moral education and research. They discuss how schools can develop as just and cohesive communities by involving students in democracy, and they focus on the moral decisions teachers and students face as they democratically resolve problems. As the authors put it: "...we (...) propose an educational renewal of our democratic society.... We have attempted to establish schools that do more than just teach about democratic citizenship, that are themselves democratic societies.". (shrink)

Shaun Nichols has recently argued that while the folk notion of free will is associated with error, a question still remains whether the concept of free will should be eliminated or preserved. He maintains that like other eliminativist arguments in philosophy, arguments that free will is an illusion seem to depend on substantive assumptions about reference. According to free will eliminativists, people have deeply mistaken beliefs about free will and this entails that free will does not exist. However, an alternative (...) reaction is that free will does exist, we just have some deeply mistaken beliefs about it. According to Nichols, all such debates boil down to whether or not the erroneous folk term in question successfully refers or not. Since Nichols adopts the view that reference is systematically ambiguous, he maintains that in some contexts it’s appropriate to take a restrictivist view about whether a term embedded in a false theory refers, while in other contexts it’s appropriate to take a liberal view about whether a token of the very same term refers. This, according to Nichols, affords the possibility of saying that the sentence “free will exists” is false in some contexts and true in others. In this paper I argue that even if we grant Nichols his pluralistic approach to reference, there is still good reason to prefer eliminativism to preservationism with regard to free will. My argument focuses on one important difference between the concept of “free will” and other theoretical terms embedded in false theories—i.e., the role that the phenomenology of free agency plays in reference fixing. (shrink)

Behavioural economics has taught us that human agents don't always display consistent, context-independent and stable preferences in their choice behaviour. Can we nevertheless do welfare economics...

This article argues that Lara Buchak’s risk-weighted expected utility (REU) theory fails to offer a true alternative to expected utility theory. Under commonly held assumptions about dynamic choice and the framing of decision problems, rational agents are guided by their attitudes to temporally extended courses of action. If so, REU theory makes approximately the same recommendations as expected utility theory. Being more permissive about dynamic choice or framing, however, undermines the theory’s claim to capturing a steady choice disposition in the (...) face of risk. I argue that this poses a challenge to alternatives to expected utility theory more generally. (shrink)

Philosophy &Public Affairs, Volume 52, Issue 1, Page 5-41, Winter 2024.

The idea that there could be spatially extended mereological simples has recently been defended by a number of metaphysicians (Markosian 1998, 2004; Simons 2004; Parsons (2000) also takes the idea seriously). Peter Simons (2004) goes further, arguing not only that spatially extended mereological simples (henceforth just extended simples) are possible, but that it is more plausible that our world is composed of such simples, than that it is composed of either point-sized simples, or of atomless gunk. The difficulty for these (...) views lies in explaining why it is that the various sub-volumes of space occupied by such simples, are not occupied by proper parts of those simples. Intuitively at least, many of us find compelling the idea that spatially extended objects have proper parts at every sub-volume of the region they occupy. It seems that the defender of extended simples must reject a seemingly plausible claim, what Simons calls the geometric correspondence principle (GCP): that any (spatially) extended object has parts that correspond to the parts of the region that it occupies (Simons 2004: 371). We disagree. We think that GCP is a plausible principle. We also think it is plausible that our world is composed of extended simples. We reconcile these two notions by two means. On the one hand we pay closer attention to the physics of our world. On the other hand, we consider what happens when our concept of something—in this case space—contains elements not all of which are realized in anything, but instead key components are realized in different features of the world. (shrink)

This paper -distinguishes between the Hypothesis of Extended Cognition and the Hypothesis of Embedded Cognition, characterizing them as competitors (both motivated by situated, interactive cognitive processing, with the latter being the more conservative of the two interpretations of the data) -clarifies the relation between content externalism and extended cognition -introduces the problem of cognitive bloat, as part of a critical discussion of Clark and Chalmers's "past-endorsement criterion" (if the criterion is embraced, we privilege the internal, endorsing process -- which looks (...) more like an embedded view -- and if the criterion is rejected, bloat follows) and as a problem for extended views more generally -develops a dilemma critical of Clark and Chalmers's "explanatory kinds" argument for extended mind and cognition (arguing that their reasoning faces serious problems regardless of whether one individuates the kinds in question in a fine-grained or a coarse-grained way) -argues that an appeal to functionalism doesn't resolve the issue -argues for the priority, in debates about extended cognition, of the identification of cognitive systems (e.g., because a functionalist approach can't be applied unless we already know what count as inputs and outputs, which requires having already identified the boundaries of the cognitive system). (shrink)

Many philosophers are impressed by the progress achieved by physical sciences. This has had an especially deep effect on their ontological views: it has made many of them physicalists. Physicalists believe that everything is physical: more precisely, that all entities, properties, relations, and facts are those which are studied by physics or other physical sciences. They may not all agree with the spirit of Rutherford's quoted remark that 'there is physics; and there is stamp-collecting',' but they all grant physical science (...) a unique ontological authority: the authority to tell us what there is. Physicalism is now almost orthodox in much philosophy, notably in much recent philosophy of mind. But although often invoked, it is rarely explicitly defined. It should be. The claim that everything is physical is not as clear as it seems. In this paper, we examine a number of proposed definitions of physicalism and reasons for being a physicalist. We will argue both that physicalism lacks a clear and credible definition, and that in no non-vacuous interpretation is it true. We are concerned here only with physicalism as a doctrine about the empirical world. In particular, it should not be confused with nominalism, the doctrine that there are no universals.2 Nominalism and physicalism are quite independent doctrines. Believers in universals may as consistently assert as deny that the only properties and relations are those studied by physical science. And nominalists may with equal consistency assert or deny that physical science could provide enough predicates to describe the world. That is the question which concerns physicalists, not whether physical predicates name real universals. (We will for brevity write as if they do, but we do not need that assumption.). (shrink)

Carl Schmitt's notion of nomos is commonly regarded as the international equivalent to the national sovereign's decision on the exception. But can concrete spatial order alone turn a constellation of forces into an international order? This article looks at Schmitt's work The Nomos of the Earth and proposes that it is the process of bracketing war called Hegung which takes the place of the sovereign in the international order Schmitt describes. Beginning from an analysis of nomos, the ordering function of (...) the presocratic concept moira is explored. It is argued that the process of Hegung, like moira, does not just achieve the containment of war, but constitutes the condition of possibility for plural order. (shrink)

The notion of function is indispensable to our understanding of distinctions such as that between being broken and being in working order (for artifacts) and between being diseased and being healthy (for organisms). A clear account of the ontology of functions and functioning is thus an important desideratum for any top-level ontology intended for application to domains such as engineering or medicine. The benefit of using top-level ontologies in applied ontology can only be realized when each of the categories identified (...) and defined by a top-level ontology is integrated with the others in a coherent fashion. Basic Formal Ontology (BFO) has from the beginning included function as one of its categories, exploiting a version of the etiological account of function that is framed at a level of generality sufficient to accommodate both biological and artifactual functions. This account has been subjected to a series of criticisms and refinements. We here articulate BFO’s account of function, provide some reasons for favoring it over competing views, and defend it against objections. (shrink)

This chapter engages with Roger Cotterrell's characterisation of the trust as 'ideological.' However, rather than agreeing with Cotterrell that the trust disguises the true ownership of the beneficiary, it shows that the family trust subverts this idea of a one-sided ownership relation altogether by effecting a reversal in the hierarchical distinction between persons and things. Under the appearance of wealth, beneficial owners are serving the very things they own by ensuring their protection and continuous reproduction.

Where artificial agents are not liable to be ascribed true moral agency and responsibility in their own right, we can understand them as acting as proxies for human agents, as making decisions on their behalf. What I call the ‘Moral Proxy Problem’ arises because it is often not clear for whom a specific artificial agent is acting as a moral proxy. In particular, we need to decide whether artificial agents should be acting as proxies for low-level agents — e.g. individual (...) users of the artificial agents — or whether they should be moral proxies for high-level agents — e.g. designers, distributors or regulators, that is, those who can potentially control the choice behaviour of many artificial agents at once. Who we think an artificial agent is a moral proxy for determines from which agential perspective the choice problems artificial agents will be faced with should be framed: should we frame them like the individual choice scenarios previously faced by individual human agents? Or should we, rather, consider the expected aggregate effects of the many choices made by all the artificial agents of a particular type all at once? This paper looks at how artificial agents should be designed to make risky choices, and argues that the question of risky choice by artificial agents shows the moral proxy problem to be both practically relevant and difficult. (shrink)

Efforts to bridge emotion theory with neurobiology can be facilitated by dynamic systems (DS) modeling. DS principles stipulate higher-order wholes emerging from lower-order constituents through bidirectional causal processes cognition relations. I then present a psychological model based on this reconceptualization, identifying trigger, self-amplification, and self-stabilization phases of emotion-appraisal states, leading to consolidating traits. The article goes on to describe neural structures and functions involved in appraisal and emotion, as well as DS mechanisms of integration by which they interact. These mechanisms (...) include nested feedback interactions, global effects of neuromodulation, vertical integration, action-monitoring, and synaptic plasticity, and they are modeled in terms of both functional integration and temporal synchronization. I end by elaborating the psychological model of emotion–appraisal states with reference to neural processes. (shrink)

This paper argues that instrumental rationality is more permissive than expected utility theory. The most compelling instrumentalist argument in favour of separability, its core requirement, is that agents with non-separable preferences end up badly off by their own lights in some dynamic choice problems. I argue that once we focus on the question of whether agents’ attitudes to uncertain prospects help define their ends in their own right, or instead only assign instrumental value in virtue of the outcomes they may (...) lead to, we see that the argument must fail. Either attitudes to prospects assign non-instrumental value in their own right, in which case we cannot establish the irrationality of the dynamic choice behaviour of agents with non-separable preferences. Or they don’t, in which case agents with non-separable preferences can avoid the problematic choice behaviour without adopting separable preferences. (shrink)

In response to historical challenges, advocates of a sophisticated variant of scientific realism emphasize that theoretical systems can be divided into numerous constituents. Setting aside any epistemic commitment to the systems themselves, they maintain that we can justifiably believe those specific constituents that are deployed in key successful predictions. Stathis Psillos articulates an explicit criterion for discerning exactly which theoretical constituents qualify. I critique Psillos's criterion in detail. I then test the more general deployment realist intuition against a set of (...) well-known historical cases, whose significance has, I contend, been overlooked. I conclude that this sophisticated form of realism remains threatened by the historical argument that prompted it. A criterion for scientific realism Assessing the criterion A return to the crucial insight: responsibility A few case studies Assessing deployment realism. (shrink)

In earlier work, I predicted that we would probably not be able to determine the colors of the dinosaurs. I lost this epistemic bet against science in dramatic fashion when scientists discovered that it is possible to draw inferences about dinosaur coloration based on the microstructure of fossil feathers (Vinther et al., 2008). This paper is an exercise in philosophical error analysis. I examine this episode with two questions in mind. First, does this case lend any support to epistemic optimism (...) about historical science? Second, under what conditions is it rational to make predictions about what questions scientists will or will not be able answer? In reply to the first question, I argue that the recent work on the colors of the dinosaurs matters less to the debate about the epistemology of historical science than it might seem. In reply to the second question, I argue that it is difficult to specify a policy that would rule out the failed bet without also being too conservative. (shrink)

Context: The majority of contemporary enactivist work is influenced by the philosophical biology of Hans Jonas. Jonas credits all living organisms with experience that involves particular “existential” structures: nascent forms of concern for self-preservation and desire for objects and outcomes that promote well-being. We argue that Jonas’s attitude towards living systems involves a problematic anthropomorphism that threatens to place enactivism at odds with cognitive science, and undermine its legitimate aims to become a new paradigm for scientific investigation and understanding of (...) the mind. Problem: Enactivism needs to address the tension between its Jonasian influences and its aspirations to become a new paradigm for cognitive science. By relying on Jonasian phenomenology, contemporary enactivism obscures alternative ways in which phenomenology can be more smoothly integrated with cognitive science. Method: We outline the historical relationship between enactivism and phenomenology, and explain why anthropomorphism is problematic for a research program that aspires to become a new paradigm for cognitive science. We examine the roots of Jonas’s existential interpretation of biological facts, and describe how and why Jonas himself understood his project as founded on an anthropomorphic assumption that is incompatible with a crucial methodological assumption of scientific enquiry: the prohibition of unexplained natural purposes. We describe the way in which phenomenology can be integrated into Maturana’s autopoietic theory, and use this as an example of how an alternative, non-anthropomorphic science of the biological roots of cognition might proceed. Results: Our analysis reveals a crucial tension between Jonas’s influence on enactivism and enactivism’s paradigmatic aspirations. This suggests the possibility of, and need to investigate, other ways of integrating phenomenology with cognitive science that do not succumb to this tension. Implications: In light of this, enactivists should either eliminate the Jonasian inference from properties of our human experience to properties of the experience of all living organisms, or articulate an alternative conception of scientific enquiry that can tolerate the anthropomorphism this inference entails. The Maturanian view we present in the article’s final section constitutes a possible framework within which enactivist tools and concepts can be used to understand cognition and phenomenology, and that does not involve a problematic anthropomorphism. Constructivist content: Any constructivist approach that aims for integration with current scientific practice must either avoid the type of anthropomorphic inference on which Jonas bases his work, or specify a new conception of scientific enquiry that renders anthropomorphism unproblematic. (shrink)

The axiological tenet of scientific realism, “science seeks true theories,” is generally taken to rest on a corollary epistemological tenet, “we can justifiably believe that our successful theories achieve (or approximate) that aim.” While important debates have centered on, and have led to the refinement of, the epistemological tenet, the axiological tenet has suffered from neglect. I offer what I consider to be needed refinements to the axiological postulate. After showing an intimate relation between the refined postulate and ten theoretical (...) desiderata, I argue that the axiological postulate does not depend on its epistemological counterpart; epistemic humility can accompany us in the quest for truth. Upon contrasting my axiological postulate against the two dominant non-realist alternatives and the standard realist postulate, I contend that its explanatory and justificatory virtues render it, among the axiologies considered, the richest account of the scientific enterprise. (shrink)

I argue that nonresident aliens, in places that are clearly not U.S. territory, should benefit from constitutional rights. This is a matter of mutuality of obligation. The U.S. claims the authority to hold all people accountable for respecting certain laws, such as the law of war as defined in the Military Commissions Act. Accordingly, it must accord them basic legal rights in return. At the same time, I argue, contra Benjamin Wittes, that this would not lead to absurdly opening the (...) courthouse doors, nor does it require abandoning principle to keep the flood of litigation reasonably contained. Not all harms inflicted by the U.S. government can give rise to a lawsuit, and that the distinction between those who should have a right to sue and those who should not can be drawn in a principled way. (shrink)

Scientific realists have claimed that the posit that our theories are (approximately) true provides the best or the only explanation for their success . In response, I revive two non-realists explanations. I show that realists, in discarding them, have either misconstrued the phenomena to be explained or mischaracterized the relationship between these explanations and their own. I contend nonetheless that these non-realist competitors, as well as their realist counterparts, should be rejected; for none of them succeed in explaining a significant (...) list of successes. I propose a related non-realist explanation of success that appears to be the most suitable among those considered. (shrink)

The scientific realism debate has now reached an entirely new level of sophistication. Faced with increasingly focused challenges, epistemic scientific realists have appropriately revised their basic meta-hypothesis that successful scientific theories are approximately true: they have emphasized criteria that render realism far more selective and, so, plausible. As a framework for discussion, I use what I take to be the most influential current variant of selective epistemic realism, deployment realism. Toward the identification of new case studies that challenge this form (...) of realism, I break away from the standard list and look to the history of celestial mechanics, with an emphasis on twentieth century advances. I then articulate two purely deductive arguments that, I argue, properly capture the historical threat to realism. I contend that both the content and form of these novel challenges seriously threaten selective epistemic realism. I conclude on a positive note, however, arguing for selective realism at a higher level. Even in the face of threats to its epistemic tenet, scientific realism need not be rejected outright: concern with belief can be bracketed while nonetheless advocating core realist tenets. I show that, in contrast with epistemic deployment realism, a purely axiological scientific realism can account for key scientific practices made salient in my twentieth century case studies. And embracing the realists favored account of inference, inference to the best explanation, while pointing to a set of the most promising alternative selective realist meta-hypothesis, I show how testing the latter can be immensely valuable to our understanding of science. (shrink)

In attempting to form rational personal probabilities by direct inference, it is usually assumed that one should prefer frequency information concerning more specific reference classes. While the preceding assumption is intuitively plausible, little energy has been expended in explaining why it should be accepted. In the present article, I address this omission by showing that, among the principled policies that may be used in setting one’s personal probabilities, the policy of making direct inferences with a preference for frequency information for (...) more specific reference classes yields personal probabilities whose accuracy is optimal, according to all proper scoring rules, in situations where all of the relevant frequency information is point-valued. Assuming that frequency information for narrower reference classes is preferred, when the relevant frequency statements are point-valued, a dilemma arises when choosing whether to make a direct inference based upon relatively precise-valued frequency information for a broad reference class, R, or upon relatively imprecise-valued frequency information for a more specific reference class, R*. I address such cases, by showing that it is often possible to make a precise-valued frequency judgment regarding R* based on precise-valued frequency information for R, using standard principles of direct inference. Having made such a frequency judgment, the dilemma of choosing between and is removed, and one may proceed by using the precise-valued frequency estimate for the more specific reference class as a premise for direct inference. (shrink)

During the last two centuries, occidental philosophical meditation has triumphantly advanced through previously poorly charted fields. Science has reallocated the methods as well as the goals of philosophy, forcing scholars to advance a little further, embrace new cognitive challenges and correspond to new social needs. As a result, our everyday life has become easier and our world is a better place to live in. But still, an optimum situation is not achieved. As a matter of fact, there are more things (...) at stake in our era than there were in previous ones. Even basic prerequisites for a prosperous life are not fully met. For the first time in the history of mankind, we can not even be sure about the survival of our planet, not to mention well being of it’s living entities –man included. So far, where is the improvement? Our ancestors may not have had the luxury of fast transportation, immediate information or adequate medical treatment, still they could take some things for granted: they positively knew that they and their successors would be given the minimum of chances: they, at least, would have a place to live. (shrink)

Attributions of omnipresence, most familiar within the philosophy of religion, typically take the omnipresence of an entity to either consist in that entity's occupation of certain regions or be dependent upon other of that entity's attributes, such as omnipotence or omniscience. This paper defends an alternative conception of omnipresence that is independent of other purported divine attributes and dispenses with occupation. The resulting view repurposes the metaphysics of necessitism and permanentism, taking omnipresent entities to be those entities that exist at (...) all regions. This view is then shown to best accommodate attributions of omnipresence to a diverse range of metaphysical posits, like abstract entities, and a more diverse class of religious posits. (shrink)

What would be the consequence of embracing skepticism about free will and/or desert-based moral responsibility? What if we came to disbelieve in moral responsibility? What would this mean for our interpersonal relationships, society, morality, meaning, and the law? What would it do to our standing as human beings? Would it cause nihilism and despair as some maintain? Or perhaps increase anti-social behavior as some recent studies have suggested (Vohs and Schooler 2008; Baumeister, Masicampo, and DeWall 2009)? Or would it rather (...) have a humanizing effect on our practices and policies, freeing us from the negative effects of what Bruce Waller calls the “moral responsibility system” (2014, p. 4)? These questions are of profound pragmatic importance and should be of interest independent of the metaphysical debate over free will. As public proclamations of skepticism continue to rise, and as the mass media continues to run headlines announcing free will and moral responsibility are illusions, we need to ask what effects this will have on the general public and what the responsibility is of professionals. (shrink)