I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for the possibility of (...) a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

I argue that law is best understood as an institutionalized abstract artifact. Using the ideas of John Searle on institutions and Amie Thomasson on artifacts, I show how the law is capable of generating new reasons for action, arguing against recent work by David Enoch who holds that legal reason-giving is ultimately a form of triggering conditional reasons.

Bringing research on collective memory together with research on episodic future thought, Szpunar and Szpunar :376–389, 2016) have recently developed the concept of collective future thought. Individual memory and individual future thought are increasingly seen as two forms of individual mental time travel, and it is natural to see collective memory and collective future thought as forms of collective mental time travel. But how seriously should the notion of collective mental time travel be taken? This article argues that, while collective (...) mental time travel is disanalogous in important respects to individual mental time travel, the concept of collective mental time travel nevertheless provides a useful means of organizing existing findings, while also suggesting promising directions for future research. (shrink)

Can robots have significant moral status? This is an emerging topic of debate among roboticists and ethicists. This paper makes three contributions to this debate. First, it presents a theory – ‘ethical behaviourism’ – which holds that robots can have significant moral status if they are roughly performatively equivalent to other entities that have significant moral status. This theory is then defended from seven objections. Second, taking this theoretical position onboard, it is argued that the performative threshold that robots need (...) to cross in order to be afforded significant moral status may not be that high and that they may soon cross it (if they haven’t done so already). Finally, the implications of this for our procreative duties to robots are considered, and it is argued that we may need to take seriously a duty of ‘procreative beneficence’ towards robots. (shrink)

One of the most noticeable trends in recent years has been the increasing reliance of public decision-making processes on algorithms, i.e. computer-programmed step-by-step instructions for taking a given set of inputs and producing an output. The question raised by this article is whether the rise of such algorithmic governance creates problems for the moral or political legitimacy of our public decision-making processes. Ignoring common concerns with data protection and privacy, it is argued that algorithmic governance does pose a significant threat (...) to the legitimacy of such processes. Modelling my argument on Estlund’s threat of epistocracy, I call this the ‘threat of algocracy’. The article clarifies the nature of this threat and addresses two possible solutions. It is argued that neither solution is likely to be successful, at least not without risking many other things we value about social decision-making. The result is a somewhat pessimistic conclusion in which we confront the possibility that we are creating decision-making processes that constrain and limit opportunities for human participation. (shrink)

Lewis's notion of a "natural" property has proved divisive: some have taken to the notion with enthusiasm, while others have been sceptical. However, it is far from obvious what the enthusiasts and the sceptics are disagreeing about. This paper attempts to articulate what is at stake in this debate.

Certain passages in Kaplan’s ‘Demonstratives’ are often taken to show that non-vacuous sentential operators associated with a certain parameter of sentential truth require a corresponding relativism concerning assertoric contents: namely, their truth values also must vary with that parameter. Thus, for example, the non-vacuity of a temporal sentential operator ‘always’ would require some of its operands to have contents that have different truth values at different times. While making no claims about Kaplan’s intentions, we provide several reconstructions of how such (...) an argument might go, focusing on the case of time and temporal operators as an illustration. What we regard as the most plausible reconstruction of the argument establishes a conclusion similar enough to that attributed to Kaplan. However, the argument overgenerates, leading to absurd consequences. We conclude that we must distinguish assertoric contents from compositional semantic values, and argue that once they are distinguished, the argument fails to establish any substantial conclusions. We also briefly discuss a related argument commonly attributed to Lewis, and a recent variant due to Weber. (shrink)

Interoperability across data sets is a key challenge for quantitative histopathological imaging. There is a need for an ontology that can support effective merging of pathological image data with associated clinical and demographic data. To foster organized, cross-disciplinary, information-driven collaborations in the pathological imaging field, we propose to develop an ontology to represent imaging data and methods used in pathological imaging and analysis, and call it Quantitative Histopathological Imaging Ontology – QHIO. We apply QHIO to breast cancer hot-spot detection with (...) the goal of enhancing reliability of detection by promoting the sharing of data between image analysts. (shrink)

Friendship is an important part of the good life. While many roboticists are eager to create friend-like robots, many philosophers and ethicists are concerned. They argue that robots cannot really be our friends. Robots can only fake the emotional and behavioural cues we associate with friendship. Consequently, we should resist the drive to create robot friends. In this article, I argue that the philosophical critics are wrong. Using the classic virtue-ideal of friendship, I argue that robots can plausibly be considered (...) our virtue friends - that to do so is philosophically reasonable. Furthermore, I argue that even if you do not think that robots can be our virtue friends, they can fulfil other important friendship roles, and can complement and enhance the virtue friendships between human beings. (shrink)

Suppose we are about to enter an era of increasing technological unemployment. What implications does this have for society? Two distinct ethical/social issues would seem to arise. The first is one of distributive justice: how will the efficiency gains from automated labour be distributed through society? The second is one of personal fulfillment and meaning: if people no longer have to work, what will they do with their lives? In this article, I set aside the first issue and focus on (...) the second. In doing so, I make three arguments. First, I argue that there are good reasons to embrace non-work and that these reasons become more compelling in an era of technological unemployment. Second, I argue that the technological advances that make widespread technological unemployment possible could still threaten or undermine human flourishing and meaning, especially if they do not remain confined to the economic sphere. And third, I argue that this threat could be contained if we adopt an integrative approach to our relationship with technology. In advancing these arguments, I draw on three distinct literatures: the literature on technological unemployment and workplace automation; the antiwork critique—which I argue gives reasons to embrace technological unemployment; and the philosophical debate about the conditions for meaning in life—which I argue gives reasons for concern. (shrink)

This paper adds another argument to the rising tide of panic about robots and AI. The argument is intended to have broad civilization-level significance, but to involve less fanciful speculation about the likely future intelligence of machines than is common among many AI-doomsayers. The argument claims that the rise of the robots will create a crisis of moral patiency. That is to say, it will reduce the ability and willingness of humans to act in the world as responsible moral agents, (...) and thereby reduce them to moral patients. Since that ability and willingness is central to the value system in modern liberal democratic states, the crisis of moral patiency has a broad civilization-level significance: it threatens something that is foundational to and presupposed in much contemporary moral and political discourse. I defend this argument in three parts. I start with a brief analysis of an analogous argument made in pop culture. Though those arguments turn out to be hyperbolic and satirical, they do prove instructive as they illustrates a way in which the rise of robots could impact upon civilization, even when the robots themselves are neither malicious nor powerful enough to bring about our doom. I then introduce the argument from the crisis of moral patiency, defend its main premises and address objections. (shrink)

This chapter examines a common objection to sex robots: the symbolic-consequences argument. According to this argument sex robots are problematic because they symbolise something disturbing about our attitude to sex-related norms such as consent and the status of our sex partners, and because of the potential consequences of this symbolism. After formalising this objection and considering several real-world uses of it, the chapter subjects it to critical scrutiny. It argues that while there are grounds for thinking that sex robots could (...) symbolically represent a troubling attitude toward women (and maybe children) and the norms of interpersonal sexual relationships, the troubling symbolism is going to be removable in many instances and reformable in others. What will ultimately matter are the consequences of the symbolism but these consequences are likely to be difficult to ascertain. This may warrant an explicitly experimental approach to the development of this technology. (shrink)

The growth of self-tracking and personal surveillance has given rise to the Quantified Self movement. Members of this movement seek to enhance their personal well-being, productivity, and self-actualization through the tracking and gamification of personal data. The technologies that make this possible can also track and gamify aspects of our interpersonal, romantic relationships. Several authors have begun to challenge the ethical and normative implications of this development. In this article, we build upon this work to provide a detailed ethical analysis (...) of the Quantified Relationship. We identify eight core objections to the QR and subject them to critical scrutiny. We argue that although critics raise legitimate concerns, there are ways in which tracking technologies can be used to support and facilitate good relationships. We thus adopt a stance of cautious openness toward this technology and advocate the development of a research agenda for the positive use of QR technologies. (shrink)

Henry Shevlin’s paper—“How could we know when a robot was a moral patient?” – argues that we should recognize robots and artificial intelligence (AI) as psychological moral patients if they are cognitively equivalent to other beings that we already recognize as psychological moral patients (i.e., humans and, at least some, animals). In defending this cognitive equivalence strategy, Shevlin draws inspiration from the “behavioral equivalence” strategy that I have defended in previous work but argues that it is flawed in crucial respects. (...) Unfortunately—and I guess this is hardly surprising—I cannot bring myself to agree that the cognitive equivalence strategy is the superior one. In this article, I try to explain why in three steps. First, I clarify the nature of the question that I take both myself and Shevlin to be answering. Second, I clear up some potential confusions about the behavioral equivalence strategy, addressing some other recent criticisms of it. Third, I will explain why I still favor the behavioral equivalence strategy over the cognitive equivalence one. (shrink)

I show that conceptual philosophical anarchism, the claim that law cannot give reasons for action, is entailed by several popular theories about law. Reductionists about practical authority believe that all supposedly legitimate practical authority reduces to forms of theoretical authority. They tend to embrace anarchism, but some readers might not be clear why. Trigger theorists about reason-giving believe that all reason-giving merely activates pre-existing conditional reasons. Natural lawyers hold that all legal reasons are sourced in the natural law, which entails (...) that positive law cannot provide reasons for action. If you are attracted to any of these theories and still think that positive law creates new practical reasons, you might have to give up one or the other position. If anarchism is entailed by believing the normativity in law’s directives pre-dates the directive, only a few may be able to avoid it, Hans Kelsen, Mark Greenberg, and Joseph Raz being the most likely. (shrink)

Is it possible to misidentify the object of an episode of bodily awareness? I argue that it is, on the grounds that a person can reasonably be unsure or mistaken as to which part of his or her body he or she is aware of at a given moment. This requires discussing the phenomenon of body ownership, and defending the claim that the proper parts of one’s body are at least no less ‘principal’ among the objects of bodily awareness than (...) is the body as a whole. I conclude with some reasons why this should lead us to think that bodily awareness, unlike introspection, is a form of perception. (shrink)

We live in a world in which ‘smart’ algorithmic tools are regularly used to structure and control our choice environments. They do so by affecting the options with which we are presented and the choices that we are encouraged or able to make. Many of us make use of these tools in our daily lives, using them to solve personal problems and fulfill goals and ambitions. What consequences does this have for individual autonomy and how should our legal and regulatory (...) systems respond? This chapter defends three claims by way of response. First, it argues that autonomy is indeed under threat in some new and interesting ways. Second, it evaluates and disputes the claim that we shouldn’t overestimate these new threats because the technology is just an old wolf in a new sheep’s clothing. Third, and finally, it looks at responses to these threats at both the individual and societal level and argues that although we shouldn’t encourage an attitude of ‘helplessness’ among the users of algorithmic tools there is an important role for legal and regulatory responses to these threats that go beyond what are currently on offer. (shrink)

This chapter addresses the growing problem of unwanted sexual interactions in virtual environments. It reviews the available evidence regarding the prevalence and severity of this problem. It then argues that due to the potential harms of such interactions, as well as their nonconsensual nature, there is a good prima facie argument for viewing them as serious moral wrongs. Does this prima facie argument hold up to scrutiny? After considering three major objections – the ‘it’s not real’ objection; the ‘it’s just (...) a game’ objection; and the ‘unrestricted consent’ objection – this chapter argues that it does. The chapter closes by reviewing some of the policy options available to us in addressing the problem of virtual sexual assault. (shrink)

This paper applies speech-act theory to craft a new response to Pyrrhonian skepticism and diagnose its appeal. Carefully distinguishing between different levels of language-use and noting their interrelations can help us identify a subtle mistake in a key Pyrrhonian argument.

Humans have long wondered whether they can survive the death of their physical bodies. Some people now look to technology as a means by which this might occur, using terms such 'whole brain emulation', 'mind uploading', and 'substrate independent minds' to describe a set of hypothetical procedures for transferring or emulating the functioning of a human mind on a synthetic substrate. There has been much debate about the philosophical implications of such procedures for personal survival. Most participants to that debate (...) assume that the continuation of identity is an objective fact that can be revealed by scientific enquiry or rational debate. We bring into this debate a perspective that has so far been neglected: that personal identities are in large part social constructs. Consequently, to enable a particular identity to survive the transference process, it is not sufficient to settle age-old philosophical questions about the nature of identity. It is also necessary to maintain certain networks of interaction between the synthetic person and its social environment, and sustain a collective belief in the persistence of identity. We defend this position by using the example of the Dalai Lama in Tibetan Buddhist tradition and identify technological procedures that could increase the credibility of personal continuity between biological and artificial substrates. (shrink)

An advanced artificial intelligence could pose a significant existential risk to humanity. Several research institutes have been set-up to address those risks. And there is an increasing number of academic publications analysing and evaluating their seriousness. Nick Bostrom’s superintelligence: paths, dangers, strategies represents the apotheosis of this trend. In this article, I argue that in defending the credibility of AI risk, Bostrom makes an epistemic move that is analogous to one made by so-called sceptical theists in the debate about the (...) existence of God. And while this analogy is interesting in its own right, what is more interesting are its potential implications. It has been repeatedly argued that sceptical theism has devastating effects on our beliefs and practices. Could it be that AI-doomsaying has similar effects? I argue that it could. Specifically, and somewhat paradoxically, I argue that it could amount to either a reductio of the doomsayers position, or an important and additional reason to join their cause. I use this paradox to suggest that the modal standards for argument in the superintelligence debate need to be addressed. (shrink)

Technology could be used to improve morality but it could do so in different ways. Some technologies could augment and enhance moral behaviour externally by using external cues and signals to push and pull us towards morally appropriate behaviours. Other technologies could enhance moral behaviour internally by directly altering the way in which the brain captures and processes morally salient information or initiates moral action. The question is whether there is any reason to prefer one method over the other? In (...) this article, I argue that there is. Specifically, I argue that internal moral enhancement is likely to be preferable to external moral enhancement, when it comes to the legitimacy of political decision-making processes. In fact, I go further than this and argue that the increasingly dominant forms of external moral enhancement may already be posing a significant threat to political legitimacy, one that we should try to address. Consequently, research and development of internal moral enhancements should be prioritised as a political project. (shrink)

This chapter provides a general overview and introduction to the law and ethics of virtual sexual assault. It offers a definition of the phenomenon and argues that there are six interesting types. It then asks and answers three questions: (i) should we criminalise virtual sexual assault? (ii) can you be held responsible for virtual sexual assault? and (iii) are there issues with 'consent' to virtual sexual activity that might make it difficult to prosecute or punish virtual sexual assault?

The Knowledge Account of Assertion (KAA) says that knowledge is the norm of assertion: you may assert a proposition only if you know that it’s true. The primary support for KAA is an explanatory inference from a broad range of linguistic data. The more data that KAA well explains, the stronger the case for it, and the more difficult it is for the competition to keep pace. In this paper we critically assess a purported new linguistic datum, which, it has (...) been argued, KAA well explains. We argue that KAA does not well explain it. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

I examine the impact of the presence of anarchists among key legal officials upon the legal positivist theories of H.L.A. Hart and Joseph Raz. For purposes of this paper, an anarchist is one who believes that the law cannot successfully obligate or create reasons for action beyond prudential reasons, such as avoiding sanction. I show that both versions of positivism require key legal officials to endorse the law in some way, and that if a legal system can continue to exist (...) and function when its key officials reject the reason-giving character of law, then we have a reason to re-examine and amend legal positivism. (shrink)

This is a response to Earp and colleagues' target article "If I could just stop loving you: Anti-love biotechnology and the ethics of a chemical break-up". I argue that the authors may indulge in the vice of in-principlism when presenting their ethical framework for dealing with anti-love biotechnology, and that they mis-apply the concept of harm.

It is commonly assumed that a virtual life would be less meaningful (perhaps even meaningless). As virtual reality technologies develop and become more integrated into our everyday lives, this poses a challenge for those that care about meaning in life. In this chapter, it is argued that the common assumption about meaninglessness and virtuality is mistaken. After clarifying the distinction between two different visions of virtual reality, four arguments are presented for thinking that meaning is possible in virtual reality. Following (...) this, four objections are discussed and rebutted. The chapter concludes that we can be cautiously optimistic about the possibility of meaning in virtual worlds. (shrink)

This chapter provides an explanation of precedent as a kind of artefact, in keeping with broader accounts of law that do so, specifically the author’s account of law as a genre of institutionalized abstract artefact. The chapter develops its explanation by responding to an argument by Dan Priel against seeing the common law as an artefact when understood to be a form of custom. The chapter shows that customs can themselves be artefacts but also that the precedential elements of common (...) law are not necessarily quite as customary as sometimes considered, showing that the common law built from precedents fits within a distributed design model of artefacts and that stare decisis has a wider systemic function of upholding certain rule of law principles. It ends with some considerations about the institutional nature of precedents, specifically that judicial decisions are most often both applications and developments of legal norms, but also determinations of legal validity. (shrink)

The debate over the merits of originalism has advanced considerably in recent years, both in terms of its intellectual sophistication and its practical significance. In the process, some prominent originalists—Lawrence Solum and Jeffrey Goldsworthy being the two discussed here—have been at pains to separate out the linguistic and normative components of the theory. For these authors, while it is true that judges and other legal decision-makers ought to be originalists, it is also true that the communicated content of the constitution (...) is its original meaning. That is to say: the meaning is what it is, not what it should be. Accordingly, there is no sense in which the communicated content of the constitution is determined by reference to moral desiderata; linguistic desiderata do all the work. In this article, I beg to differ. In advancing their arguments for linguistic originalism, both authors rely upon the notion of successful communications conditions. In doing so they implicitly open up the door for moral desiderata to play a role in determining the original communicated content. This undercuts their claim and changes considerably the dialectical role of linguistic originalism in the debate over constitutional interpretation. (shrink)

I argue that law is not best considered an essentially contested concept. After first explaining the notion of essential contestability and disaggregating the concept of law into several related concepts, I show that the most basic and general concept of law does not fit within the criteria generally offered for essential contestation. I then buttress this claim with the additional explanation that essential contestation is itself a framework for understanding complex concepts and therefore should only be applied when it is (...) useful to gain a greater understanding of uses of the concept to which it is applied (adducing criteria for making such judgments of usefulness). With that in mind, I then show that applying the appellation of essential contestation to the concept of law does not helpfully illuminate the most general concept of law (usually of most interest to legal philosophers) and therefore it should not be used, while allowing that it might be more useful for the related concept of the rule of law. (shrink)

The need to address our question arises from two sources, one in Kant and the other in a certain type of response to so-called Reformed epistemology. The first source consists in a tendency to distinguish theoretical beliefs from practical beliefs (commitments to the world's being a certain way versus commitments to certain pictures to live by), and to treat theistic belief as mere practical belief. We trace this tendency in Kant's corpus, and compare and contrast it with Aquinas's view and (...) a more conservative Kantian view. We reject the theistic-belief-as-mere-practical-belief view: it is bad descriptive anthropology, it embraces a misguided ideal of a fragmented self unattainable by human beings, and it will deter people from the most desirable sort of faith. The second source consists in the idea that since theistic beliefs function as answers to why-questions, their epistemic status hangs on whether they meet certain distinctively explanatory standards, whatever support they might receive from other sources. We argue that this is a non-sequitur and suggest questions for further research. (shrink)

I have argued that like Harry Frankfurt, Augustine implicitly distinguishes between first-order desires and higher-order volitions; yet unlike Frankfurt, Augustineheld that the liberty to form different possible volitional identifications is essential to responsibility for our character. Like Frankfurt, Augustine recognizes that we can sometimes be responsible for the desires on which we act without being able to do or desire otherwise; but for Augustine, this is true only because such responsibility for inevitable desires and actions traces (at least in part) (...) to responsibility for our volitional identifications, which in turn has leeway-libertarianconditions. However, David Hunt has interpreted Augustine’s account of divine foreknowledge as implying a type of source-incompatibilism that does not require alternative possible actions or intentions. Moreover, while Eleonore Stump’s account of Augustine on sanctification supports my interpretation, Augustine’s position on predestination in his latest writings may be incompatible with liberty of the higher-order will. I will argue against Hunt’s interpretation but admit that the leeway-libertarian has to reject the ‘no autonomy’ model in some of Augustine’s late writings. (shrink)

Both professors and institutions of higher education benefit from a vision of academic life that is grounded more firmly in myth than in history. According to the myth created by that traditional vision, scholars pursue research wherever their drive to knowledge takes them, and colleges and universities transmit the fruits of that research to contemporary and future generations as the accumulated wisdom of the ages. Yet the economic and social forces operating on colleges and universities as institutions, as well as (...) on the interests of faculty members within them, are making the myth embodied in the traditional ideal of the academy more and more difficult to sustain. Questions about what an institution of higher education ought to be, about what professors ought to do, and about what relations professors ought to have to the institutions which employ them are being raised and pushed to the fore. These are not theoretical questions, but practical questions of immediate import that must be answered relatively quickly -- and wisely -- if institutions of higher education and professors are not to find themselves inextricably in the grip of forces they cannot change. The myth of disinterested academic research-however beautiful -- and however beneficial -- is under siege. (shrink)

Translation of "Von der Armut am Geiste; ein Dialog des jungen Lukács," by Ágnes Heller. This translation originally appeared in The Philosophical Forum, Spring-Summer 1972.

This is an excerpt from a report that highlights and explores five questions which arose from the workshop on perceptual learning and perceptual recognition at the University of Toronto, Mississauga on May 10th and 11th, 2012. This excerpt explores the question: How do we recognize distinct types of emotion in music?

This report highlights and explores five questions which arose from the workshop on perceptual learning and perceptual recognition at the University of Toronto, Mississauga on May 10th and 11th, 2012: 1. How should we demarcate perceptual learning from perceptual development? 2. What are the origins of multimodal associations? 3. Does our representation of time provide an amodal framework for multi-sensory integration? 4. What counts as cognitive penetration? 5. How can philosophers and psychologists most fruitfully collaborate?

This is an excerpt from a report that highlights and explores five questions which arose from the workshop on perceptual learning and perceptual recognition at the University of Toronto, Mississauga on May 10th and 11th, 2012. This excerpt explores the question: What counts as cognitive penetration?

This is an excerpt from a report that highlights and explores five questions which arose from the workshop on perceptual learning and perceptual recognition at the University of Toronto, Mississauga on May 10th and 11th, 2012. This excerpt explores the question: How can philosophers and psychologists most fruitfully collaborate?

The paper considers the criticisms that Eleonore Stump has made of Richard Swinburne's account of Christian's revelation, as set out in his book "Revelation: From Metaphor to Analogy." It argues that Stump's criticisms of Swinburne's theory of biblical interpretation are misguided, but that her criticism of his deistic picture of revelation contains a crucial insight. Direct theories of revelation, which see God as communicating propositions directly to believers, are superior to deistic ones, which see God as communicating propositions only to (...) an original group who then hand on the propositions to everyone else. Stump's suggested alternative to a deistic picture is flawed. A better theory would result from incorporating Swinburne's account of the Church into a direct theory, and holding that God communicates propositions directly to believers in the teaching of the Church. This position combines the insights to be found in Stump and Swinburne, while avoiding their mistakes. (shrink)

This is an excerpt from a report that highlights and explores five questions which arose from the workshop on perceptual learning and perceptual recognition at the University of Toronto, Mississauga on May 10th and 11th, 2012. This excerpt explores the question: What are the origins of multimodal associations?

Economic success in competitive systems requires resource redistribution to those who fail. Once we recognize that success in competitive endeavors depends meaningfully on the failure of others, policy implications that involve strong redistributive mechanisms should be drawn. Particular attention is paid to the role of education in fostering a sense of self-esteem necessary to counter the effects of internalized competition.

Notions of procedural justice alone are sufficient to support evidentiary exclusions in a wide variety of legal and law-like institutions that focus on conflict resolution, including courts. Special attention is paid to the relevance and need for exclusion of parties’ own assessments of the value of their claims.

Wil Waluchow has advanced perhaps the most convincing argument in favour of what he eloquently termed ‘inclusive legal positivism’, the view that a given legal system could make legal validity depend on moral truths. This chapter refocuses the case for the opposing view of exclusive positivism on the metaphysical tension in seeing law as an institutional social fact and yet for its validity to depend on something that is not a social fact, developing an understanding of official mistake as a (...) way of highlighting that tension. If legal validity itself is understood as a socially constructed status (something with which any legal positivist would agree), key officials (as a group) cannot be wrong about the criteria sufficient for institutional membership having been met. While the officials cannot be wrong about the sufficient conditions, they can be wrong about the necessary (gatekeeping) ones and the moral criteria that inclusive positivists say could be included among the criteria of validity are invariably understood to be necessary conditions. That might look like a point in favour of inclusive positivism, but it is only the sufficient conditions that are constitutive of legal validity. Two facets of legal decisions are then marshalled to buttress the case for exclusive positivism: that almost every legal decision is also a determination of validity, and that all such decisions are systemically treated as correct until reviewed by a court of superior jurisdiction (which is itself a sufficient condition for membership). The implication of this is that moral criteria, understood as gatekeepers for legal validity, cannot be constitutive of legal validity. (shrink)

Abstract: Standing half wave particles at light speed twice in expansion-contraction comprise a static universe where two transverse fields 90° out of phase are the square of distance from each other. The universe has a static concept of time since the infinite universe is a static universe without a beginning or end. The square of distance is a point of reversal in expansion-contraction between the fields as a means to conserve energy. Photons on expansion in the electric field create matter (...) energy while photons on contraction in the magnetic field create light energy and gravitational pull toward the higher frequency energy. Also, the universe with matter has a moving physical concept of time from gravitational pull on expansion-contraction. (shrink)

Abstract: Standing half wave particles at light speed twice in expansion-contraction comprise a static universe where two transverse fields 90° out of phase are the square of distance from each other. The universe has a static concept of time since the infinite universe is a static universe without a beginning or end. The square of distance is a point of reversal in expansion-contraction between the fields as a means to conserve energy. Photons on expansion in the electric field create matter (...) energy while photons on contraction in the magnetic field create light energy and gravitational pull toward the higher frequency energy. Also, the universe with matter has a moving physical concept of time from gravitational pull on expansion-contraction. (shrink)

If medical complicity is understood as compliance with a directive to act against the professional's best medical judgment, the question arises whether it can ever be justified. This paper will trace the contours of what would legitimate a directive to act against a professional's best medical judgment (and in possible contravention of her oath) using Joseph Raz's service conception of authority. The service conception is useful for basing the legitimacy of authoritative directives on the ability of the putative authority to (...) enable subjects to comply better with reasons that already apply to them. Hence, the service conception bases the legitimacy of practical authority on a certain kind of greater knowledge or expertise. This helps to focus the conundrum regarding complicity on the clash of expertise between the medical expert and the governing body tasked with coordinating behaviour and otherwise devising rules for the social good. The ethical dilemma presented by a hypothetically legitimate directive to act against a professional's best medical judgment also serves to highlight the moral dimension of one's duty to obey a legitimate authority. (shrink)

In his 1827 work Rationale of Judicial Evidence, Jeremy Bentham famously argued against exclusionary rules such as hearsay, preferring a policy of “universal admissibility” unless the declarant is easily available. Bentham’s claim that all relevant evidence should be considered with appropriate instructions to fact finders has been particularly influential among judges, culminating in the “principled approach” to hearsay in Canada articulated in R. v. Khelawon. Furthermore, many scholars attack Bentham’s argument only for ignoring the realities of juror bias, admitting universal (...) admissibility would be the best policy for an ideal jury. This article uses the theory of epistemic contextualism to justify the exclusion of otherwise relevant evidence, and even reliable hearsay, on the basis of preventing shifts in the epistemic context. Epistemic contextualism holds that the justification standards of knowledge attributions change according to the contexts in which the attributions are made. Hearsay and other kinds of information the assessment of which rely upon fact finders’ more common epistemic capabilities push the epistemic context of the trial toward one of more relaxed epistemic standards. The exclusion of hearsay helps to maintain a relatively high standards context hitched to the standard of proof for the case and to prevent shifts that threaten to try defendants with inconsistent standards. (shrink)